Terms Of Service
Last updated: May 8, 2024
These are the terms and conditions of use of fast-new-front-2849.csmarket.gg services (the Terms of Service) between you (you or User) and:
PAYPLAYSOFT LIMITED. Reg. Number: ΗΕ 454356 (fast-new-front-2849.csmarket.gg, we, us or our) Legal address: Giannou Kranidioti & Pargas 9, 1st floor, Flat/Office 102, 1065, Nicosia, Cyprus.
fast-new-front-2849.csmarket.gg provides you with the access to the Website and other Services subject to these Terms of Service (hereinafter - “Terms of Service” or the “Agreement”). These Terms of Service constitute and govern the contractual relationship between the parties: the "Company" or "fast-new-front-2849.csmarket.gg" as it is defined in section 1 below, and you, as the User, hereinafter referred to as "You" or "User".
The Agreement shall be deemed concluded and comes into force from the moment when You accept these Terms of Service. By logging into the Website or other Services, You confirm that you are acquainted and completely agree with all terms and conditions stated below, and that you unconditionally accept the Terms of Service without any exceptions. In the event of disagreement with any terms, we ask you to refrain from using the Website and other Services.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at /privacy-statement. All such terms are hereby incorporated by reference into these Terms of Service.
Please note: accessing, browsing or otherwise using the Website or other Services also indicates that you agree to the Terms of Service, so please read it carefully before proceeding.
1. Definitions The following words and terms should be interpreted as follows, unless the context clearly implies otherwise, and shall apply to all the sections of this Agreement and to every document forming part of this Agreement:
“Agreement” shall refer to the agreement between the Company and the User, including the Terms of Service, as well as other documents, rules, guidelines, policies and instructions placed by the Company on the Website or other Services and forming an integral part of the Agreement.
"Account" / "User's Account" shall mean a personal account opened and maintained by the User, which contains the user's profile information such as name, avatar, login and password or the chosen third-party authentication method (Steam) used to create the account.
“Balance” means an in-Platform digital value used by the User to make transactions within the Website or other Services; has no value outside the Platform; and non-transferable to another platform or person and does not accrue interest.
“Commission” means an amount of the Company's remuneration for the right to use the Website and other Services granted to the User on the terms of the Agreement.
“Offer” means the User’s proposal to conclude the Deal addressed to all other Users and containing a detailed specification of digital items and the value of alienation.
“Deal” means a contract between the Users aimed at exchange of digital items, based upon the conditions stipulated in the Offer and the section 5 of these Terms of Service.
"Privacy Policy" refers to a document of the same name that is a part of the Agreement, and which covers the privacy and data processing, the rights of data subjects, and the use of cookies.
“Services" means the Website, and other resources of fast-new-front-2849.csmarket.gg which serve to provide access to the Software.
"Software" means online platform available through the Website and other Services that allows users to search, trade, sale and purchase Steam-supported digital items between each other in accordance with the Terms of Service, and includes all program modules, object and source code, algorithms, preparatory materials, databases, updates, and other derived content.
“Digital items” means virtual in-game items for use within video games.
"fast-new-front-2849.csmarket.gg"(or the “Company”) means the sole owner of the Software, the Website and other Services. fast-new-front-2849.csmarket.gg is not affiliated in any way with Valve Corporation and its affiliates (the "Valve").
"Website" means fast-new-front-2849.csmarket.gg website with the address fast-new-front-2849.csmarket.gg, including the Software, web-resources, data, texts, graphic elements, design, pictures, photo and video and other materials located at the domain https://fast-new-front-2849.csmarket.gg/ and at all its sub-domains.
"User"/"You" means an individual who has reached the age of 18 who has accessed the Website or other Services in accordance with these Terms of Service and has accepted the Agreement in the manner provided for in this document.
“Parties" shall collectively mean the User and the Company.
“Digital service provider" / “Digital Agent" shall mean third parties that are authorized by the Company to receive and process digital items from Users in the interests of the Company via the various methods provided by such authorized third parties.
Other terms, definitions and word combinations used in the Agreement shall have the meaning and interpretation that established practice has assigned to them in the field of Internet technologies, Video games, and according to the applicable law.
2. Subject of the Agreement
2.1. Under this Agreement, the Company hereby provides the User with a simple non-exclusive, non-transferable, limited, revocable license to access and use the Website and other Services only for the purposes of searching, exchanging, selling and purchasing Digital items in accordance with the terms and conditions stated below (hereinafter – the “license”).
2.2. fast-new-front-2849.csmarket.gg hereby also grants the User permission to use content of the Website, provided that User (1) uses it solely for personal, noncommercial use; (2) does not modify or sell content of the Website; and (3) does not reproduce, display, publicly perform, distribute, or otherwise use the content of the Website for any public or commercial purpose, including the use of the content on any other Website.
2.3. During exchange, sale or purchase of Digital items fast-new-front-2849.csmarket.gg acts only as an intermediary between the Users, and will not be a party of any Deal between the Users selling, purchasing or exchanging digital items. fast-new-front-2849.csmarket.gg does not acquire any rights concerning the digital items. fast-new-front-2849.csmarket.gg is not acting as an agent, broker, employee, or employer of any User.
2.4. The Website may contain links to third party material: Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
2.5. By accessing the Website and other Services, you agree that the terms of any respective Steam subscriber agreements and/or terms and conditions, and/or policies shall apply to you in all respects. Any warranties, rights, obligations or other contractual relationships that you may have with respect to your Steam account shall remain consistent with, and part of the Agreement hereof.
2.6. The User declares on the Website that he/she is over 18 years old or has reached the age of majority in the jurisdiction of his/her residence. No person under the age of 18 or of other legal age in the jurisdiction of the User's residence can be registered as a User, and any funds deposited by such person must be returned to his/her personal account. If at any time after registration on the site the actual age of the person turns out to be under 18 years of age or another age of majority in the jurisdiction of the User's residence, all purchases will be canceled and all funds will be refunded. We have the right to require the User to provide proof of age and deny the User access to the Service if the User has reason to believe that the minimum age requirements have not been met. We inform you that parental controls (including computer hardware, software, or filtering services) are available for sale that can help block access to materials harmful to minors. You can find information about the providers of these protections online by searching for “parental control protection” or similar terms.
3.Account registration
3.1. You may register to trade by going to the Service by logging in using the STEAM platform (“STEAM”). If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering. By signing-in you authorize us to access and use certain Steam user account information, including, but not limited to your public Steam profile and the list of your digital items. To know more about the personal data we collect and how we use it, please visit our Privacy Policy.
3.2. Upon signing-in, your Account will be created automatically and you will be assigned with your personal ID to monitor your digital items and balance.
3.3. If you use this Website or other Services, You are solely responsible for providing correct data, managing and safeguarding your login credentials, maintaining the confidentiality and restricting access to your Account, as well as for all activities that occur under these credentials. It is your responsibility to ensure that your use of the Website and other Services within your Account is in compliance with any applicable laws or regulations.
3.4. If we suspend that you are in a material breach of the Agreement, we may
(1) suspend your Account,
(2) suspend any
transactions without any refund; and(3) terminate your Account with immediate effect, subject to our discretion without prior notice. We note that we can undertake any and all of the above actions subject to our discretion without any liability or further obligation of any kind whatsoever to you or any other party.
4.Trade of Digital items
4.1. Using the Website or other Services you can exchange any digital items available on the Website or other Services. All Skins that you have redeemed from the Services are to be used solely for personal gameplay within the Steam platform. Any Skins that you have redeemed from the Services cannot be sold or exchanged for cash, cash equivalents, or other things of value on the Service or elsewhere (“Real-World Trading”). If we, in our sole and absolute discretion, determine that you engaged in Real-World Trading, we reserve the right to immediately suspend or terminate your account indefinitely.
4.2. To purchase a digital item you can either use (i) a method supported by a digital service provider available on the Website or (ii) your Balance.
4.3. Any digital item you may receive from the sale of your digital item will be saved in your Balance.
4.4. In case the digital item you exchanged was more expensive than the one you received, extra value from the exchange will be saved on your Balance and can be used later. In case the digital item you wish to exchange is of lesser value than the one you wish to obtain, then, you may recompense the difference by using your Balance.
4.5. You are solely responsible for reading and understanding all and any terms and conditions of any transactions conducted on, via or as a result of using the Website and other Services.
4.6. All trades made via the Website or other Services are independent from each other, and not subject to a return, refund and/or cancellation.
5. Conclusion and execution of the Deal
5.1. You may conclude Deals to exchange the digital items through the Website and other Services.
5.2. Any User has an opportunity to make Deals by placing Offers and accepting Offers placed by other Users via the Website and other Services. The number of Offers that each User may place and accept is not limited.
5.3. The condition for concluding Deals concerning the acquisition of the digital items is a positive remaining balance on the User's account in the amount sufficient to complete the Deal.
5.4. The Offer placed on the Website or other Services shall be considered accepted by the User by completing the following actions: (1) sending application; and (2) provision of exchange values in accordance with section 6 of the Agreement. From that moment, the Deal is considered concluded on the conditions of the Offer accepted, and Users undertake to fulfill their obligations.
5.5. The Deal shall be executed with the first responded User. The User who placed the Offer is entitled and obligated to pass the digital items to the User who first accepted the Offer. After the transfer of the digital items, fast-new-front-2849.csmarket.gg receives funds from the Deal and transfers it to the User’s Account, withholding the amount of Commission as defined in section 7 of the Agreement.
5.6. Upon completing the Deal, the Users shall be notified by reflecting in the Account the digital items transferred and the amount of funds credited to the User's Account.
5.7. As the Platform acts as an intermediary between the users and does not acquire any ownership or any other proprietary rights concerning digital items, any deals and transactions between users conducted on the Platform are final and once transacted, the digital item shall not be returned, refunded and/or canceled.
5.8. Values of digital items are subject to evaluation in accordance with general market values standards. We regularly check values for digital items against prices recently found on the Platform and other marketplaces. The Company has the right not to display a digital item on the Platform or to additionally check the Deal, or its parties, if the value of a digital item is considered as non-market.
6. Payments and fees
(i) Payment methods have their own terms and policies, including AML/KYC policies, and may reject or suspend any transactions in accordance with their own rules. Any applicable terms and policies of the relevant payment method apply to payment processing and must be reviewed and understood by the User before making any transaction.
(ii) The Website is not responsible for any delays in payment and/or actions of the relevant payment service provider. The terms and conditions between the Payment Method and users who use the payment services are governed by separate agreements and are not subject to these Terms and Conditions.
(iii) If the currency of your payment account differs from the denominated currency, your payment will be converted to the denominated currency at the time of payment. Your bank's conversion rate will be applied. The corresponding debited amounts must be indicated on the corresponding payment page. The Website is not responsible for conversion rates set by payment institutions
(iv) You confirm that you are the legal owner of all bank cards and other payment accounts that you use to make payments.
6.1. User's Balance.
6.1.1. Your Balance may only be used to execute Deals and perform transactions within the Website and other Services.
6.1.2. To access your Balance you may be asked to provide registration details, including without limitation an exchange method and related billing address.
6.1.3. Balance does not constitute a personal property and has no value outside the Website and other Services. Balance values are non-transferable to another service or person and do not accrue interest.
6.2. fast-new-front-2849.csmarket.gg may offer you the ability to use the following methods for the purpose of depositing the Balance: Credit card, PayPal, E-wallets, Bank transfers, or others as defined and specified by fast-new-front-2849.csmarket.gg (the “ methods of depositing the Balance”).
6.3. The respective Digital service provider is primarily responsible for facilitating of your transactions conducted on the Website or other Services and for providing-related customer support. fast-new-front-2849.csmarket.gg is not responsible for any delays in payment and/or actions of the respective Digital service provider.
6.4. By performing transactions via the Website or other Services you confirm that you are the owner or an authorized person or of accounts, wallets or bank cards you use to make any transactions .
6.5. You agree to be responsible for any applicable fees, charges, taxes or other costs, associated with any transactions via the Platform or the applicable duties and taxes imposed by your local authorities.
7. fast-new-front-2849.csmarket.gg Commission
7.1. The User undertakes to pay the fast-new-front-2849.csmarket.gg Commission for the right to use the Website and other Services granted to the User on the terms of the Agreement.
7.2. The amount of fast-new-front-2849.csmarket.gg Commission is set separately for each specific case of exchange of a digital item, and varies from 0 to 20% of the declared value of the relevant digital item.
7.3. By using and/or accessing the Website or other Services you unconditionally agree to pay fast-new-front-2849.csmarket.gg Commission as stated above.
7.4. The amount of the fast-new-front-2849.csmarket.gg Commission is subject to withholding by the Company out of values received to execute the Deal.
7.5. The Company's expenses for carrying out the transfers indicated in section 6 of the Agreement, including remuneration of digital agents, billing aggregators, shall be paid in full by the User.
7.6. Other fees, commissions and expenses to be paid by the User may be provided on the Website or other Services.
8.Refund Policy
8.1. The virtual currency purchase of 'coins' is final and strictly non-refundable.
8.2. You may request for a refund exclusively for the following reasons:
(1) Digital items were not delivered. We start processing your transaction once it is approved. Usually, it takes seconds to confirm your transaction , but it may take longer depending on your transaction method. Any delay in transaction processing by a digital service provider does not constitute a non-delivery and does not give rise to a refund. If you have not received the ordered Digital asset or received it but not in full, please contact the Technical Support. Once we confirm the non-delivery, we will proceed with the refund.
(2) Fraud transactions. If the transaction was not made by You and your credentials were used fraudulently, please contact us via email at support@csmarket.gg as soon as possible. We will investigate the case, and if the value is still in our system, we will proceed with the refund, otherwise, the refund is not possible.
(3) Unintentional deposits where all coins from the deposit remain unspent. fast-new-front-2849.csmarket.gg does not take any responsibility for change of mind or balance loss without proof of error from the website's side. By using our services, you confirm your acceptance of fast-new-front-2849.csmarket.gg refund policy. To request a refund, please contact support@csmarket.gg
By default, transactions will be refunded to the transaction method used to make the transaction . Depending on your transaction method, a refund may take up to 45 days.
If your transaction method does not support refunds, we will credit the refund value to your Balance.
8.3. You can sale your values held in the Balance and can withdraw virtual items to your steam account as made available to you by fast-new-front-2849.csmarket.gg, provided that: You received the net positive value from the exchange of digital items; You have successfully passed the AML&KYC procedure; You have provided your own valid, accepted Payment Method. The Company is entitled to set the limits for daily withdrawals for security and AML purposes. Usually, withdrawals are processed within 24 hours on a business day, although depending on a Payment Method or a particular bank, it may take up to 3 working days.
8.1.1. Unless otherwise provided by this Agreement, all transactions conducted on the Platform are final and not subject to a return, refund, and/or cancellation:
(1) Transactions with Digital items. Digital items are qualified as digital content (virtual items) and are exempt from the general withdrawal right due to their specifics upon the consumer’s prior express consent. All transactions with digital items are final and can not be reversed.
(2) Transactions with the Balance, fast-new-front-2849.csmarket.gg Commission. All these services are deemed to be fully performed at the time of granting You access to the Balance/the Platform/Services accordingly. This case is exempt from the general withdrawal right upon the consumer’s prior express consent.
BY AGREEING TO THIS AGREEMENT OR MAKING A TRANSACTION , YOU EXPRESSLY CONSENT TO THE LOSS OF YOUR RIGHT OF WITHDRAWAL AND WAIVE ANY RIGHTS IN CONNECTION THERETO.
9.Rights and obligations
9.1. The Company undertakes:
9.1.1. to provide the User with access to the Website and other Services on the terms of this Agreement.
9.1.2. inform Users about the progress of execution of Deals by means of notifications or otherwise.
9.2. Company has the right:
9.2.1. to suspend, interrupt and/or discontinue the access to the Website and other Services with or without notifying you beforehand;
9.2.2. to update, modify or reverse the Website, the Services and the Software, or to change the speed and quality of their operation at any time without notifying the User;
9.2.3. to suspend or terminate its support for and/or maintenance of the Website and other Services, provided that it notifies the User at least 3 (three) calendar days in advance, in any manner;
9.2.4. to verify your identity at any time in order to prove who you are online, including if it is required by the applicable law or other regulations;
9.2.5. to undertake any actions as may deem appropriate in response to violations of the Agreement, Deal, rights of third parties and/or the applicable laws, including, but not limited to the suspension and/or termination of your access to the Website, and/or block of your Account without any notice;
9.2.6. to restrict the usage of Website and other Services without any compensations or explanations of any residents
(a) from a country or territory that is the target of United States economic or trade sanctions, as defined at https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx ;
(b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons ( https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx ),
(c) the U.S. Commerce Department’s Denied Person List ( https://www.bis.doc.gov/index.php/the-denied-persons-list ),
the EU Consolidated List of Persons, or similar lists of sanctioned persons ( https://eeas.europa.eu/headquarters/headquarters-homepage_en/8442/Consolidated list of sanctions);
(c) acting for or on behalf of any person on the above-identified lists or the government of a country or territory that is the target of United States economic or trade sanctions;
(d) being subject to any other UN-, US-, EU-, CH- or any other sovereign country sanctions or embargoes or have any other affiliation to such sanctions;
9.2.7. to refuse or reverse any Deal with or without refund of the values paid;
9.2.8. to collect and process the User’s data and information for the purposes and on the terms provided in the Privacy Policy that is an integral part of this Agreement.
9.3. The User undertakes:
9.3.1. to comply with the terms of this Agreement and the applicable law;
9.3.2. to pay the Commission in time in accordance with the terms of this Agreement;
9.3.3. to fulfill the obligations stipulated in the Deal and the accepted Offer;
9.3.4. to become fully acquainted with the later versions of this Agreement;
9.3.5. not to take actions aimed at circumventing technical protection measures, destabilizing the Website and other Services, and using them in any manner not authorized by this Agreement;
9.3.6. not to take actions that may violate the applicable laws, rights of the Company or third parties;
9.3.7. not enter into any agreement that affects the rights of fast-new-front-2849.csmarket.gg without its prior approval;
9.3.9. to provide the Сompany with information and documents for verification of your identity as required by the applicable law or other regulations.
9.3.10. to self comply with all the tax obligations related to the activities of the User on the Website, including but not limited to search, exchange, sale and purchase of Digital items.
9.3.11. to comply with the laws against money laundering that correspond to the User due the residence, nationality or/and economic activities from which the User gets the funds destined to purchase Digital Items on the Website.
9.3.12. You must use the skins in accordance with the Steam Service Subscriber Agreement.
9.4. The User has the right:
9.4.1. to use the functionality of the Website and other Services within the terms of this Agreement;
9.4.2. to place and accept Offers in the manner prescribed by this Agreement;
9.4.3. to manage the User’s Account and to enter and modify the account data, subject to compliance with this Agreement and the applicable law.
10.Intellectual property and Restrictions
10.1. fast-new-front-2849.csmarket.gg is the sole and exclusive owner of the Software, the Website, the Services, their content, designs, domain names, digital conversions, and other materials (excluding third parties materials), that is covered by the relevant copyrights, patent rights, know-how, trademarks and other intellectual property rights. Except as permitted in the Agreement, nobody may reproduce, copy, imitate, distribute, display, publish, transfer, sell, license, create derivative works, modify, reverse-engineer, disassemble, decompile or otherwise exploit the above materials unless expressly permitted by fast-new-front-2849.csmarket.gg in writing.
10.2. Subject to the terms and conditions of this Agreement, fast-new-front-2849.csmarket.gg provides the User with the License to use the Website and other Services as described in the section 2 herein. Any breach of this Agreement shall result in the immediate revocation of the license without prior notice to the User.
10.3. Users are prohibited from engaging in the following:
10.4. to exceed the scope of the license provided for in this Agreement; engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this website. corrupt data, hack into any aspect of the service or cause a provocation on other website users. wrong use of the Website in any way that may occasion or cause harm to the Website or other Services or contrary to the stipulated applicable laws and regulations; to use the Website or other Services in a way that violates current legislation, including, without limitation, on advertising, intellectual property, on personal data, etc., or the rights of third parties; make any commercial use of information published on the Website or other Services or make any use of them for the benefit of another business. 10.4. All third party materials featured on the Website are in no way associated or affiliated to fast-new-front-2849.csmarket.gg and should rely on the existence of such connection or affiliation. Where a brand name is referred to, it is only used to describe products and services and it is in no way an assertion that such products or services are endorsed by or connected to fast-new-front-2849.csmarket.gg.
10.5. Any objects of intellectual property, presented on the Website, belong to their respective owners and there are no implied licenses to use them, unless otherwise stipulated by the owner in writing. Any unauthorized use is an infringement sanctioned by the applicable legislative framework.
10.6. Copyright Complaints: Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your infringement claim in accordance with the procedure set forth below.
Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at support@csmarket.gg (Subject line: “DMCA Takedown Request”). You may also contact us at:
PAYPLAYSOFT LIMITED
Giannou Kranidioti & Pargas 9, 1st floor, Flat/Office 102, 1065, Nicosia, Cyprus
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the United States and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11.Warranties and representations
11.1. The Website and other Services are provided "AS IS" without any express or implied representations or warranties, except as expressly provided for in this Agreement. The Company does not provide the User with any warranties regarding the accuracy, likely results, the error-free, uninterrupted, continuous operation, or reliability of the use of the Website and Services, or their fitness for particular purposes.
COMPANY MAKES NO WARRANTY THAT
(I) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
11.2. Being an online marketplace, fast-new-front-2849.csmarket.gg has no control over, and makes no representations or warranties regarding any qualities or characteristics of digital items, or that any digital items, values, or descriptions are accurate, complete, or reliable.
11.3. By using the Website or the Service You hereby declare, warrant and guarantee that:
11.3.1. you are a “natural person” who is over the age of eighteen (18) or whose parent or legal guardian have accepted and agreed to the Agreement. If you are under the age of 18, please ask your parents or your legal guardian to read and accept the Terms of Service on your behalf before proceeding further with using the Website and other Services unless you are not obliged to do so in accordance with your local jurisdiction.
11.3.2. according to your local jurisdiction you are eligible and have all necessary powers and permits to enter into the Agreement, and You have no restrictions to use the Website and the Service;
11.3.3. you have all necessary and relevant experience and knowledge to deal with digital items, as well as the necessary expertise and knowledge to trade, sale and/or purchase them, and accept the sole responsibility for any decisions made in respect of such items;
11.3.4. you will comply with the Agreement and all applicable laws and regulations and will not directly or indirectly use the Website and the Service for any illegal activities;
11.3.5. you are a rightful holder of all the digital items associated with your Steam ID.
11.3.6. currently, we prohibit residents of the state of Washington, United Arab Emirates, the Netherlands, Curaçao, and Denmark from accessing the Site and Services.
AML
fast-new-front-2849.csmarket.gg is committed to preventing its services from being used for money laundering. To this end, the Company supports an anti-money laundering program, for example, to prevent the use of its services for money laundering.
fast-new-front-2849.csmarket.gg intends to report suspicious transactions to the appropriate authorities in accordance with applicable laws and regulations.
The Company will periodically review and update its anti-money laundering program to ensure that it remains effective and meets the latest legal and regulatory requirements
12. Liability
12.1. The Parties shall be liable for a failure to perform or improper performance of the obligations under this Agreement in accordance with the Agreement and the applicable law.
12.1.1. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
12.1.2. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
12.2. The Company shall not be liable and shall not reimburse the User and/or third parties for direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages):
12.2.1. caused, arising out of or relating to any use of, or inability to use, the Website or other Services, any errors, mistakes, or omissions therein, or the sale, purchase, or use of the digital items;
12.2.2. arising as a result of acts or omissions of third parties (including without limitation, Valve, telecom operators, hosting providers, Internet providers, banks, payment agents, etc.), and/or occurring as a result of or relating to the use of third-party websites;
12.2.3. arising from improper use of the Website or other Services, a violation of this Agreement; or from any inaccuracy of the data provided by the User;
12.2.4. arising from unforeseen circumstances, emergencies, any unauthorized access, hacking attacks, bugs, viruses or any technologically dangerous, harmful materials, power outages, flood, theft, equipment breakdowns, global disruptions in the Internet operation, lack of access to the Internet, failures in routing systems, as well as downtimes of the Website;
12.2.5. arising as a result of any changes to the Website, Services and/or to the Agreement;
12.2.6. arising from the blocking of the User’s account, and / or suspension, restriction or termination of access to the Website, or as a result of termination of support of the Website;
12.2.7. caused by force majeure circumstances which the Company could neither foresee nor prevent by reasonable measures.
12.3. fast-new-front-2849.csmarket.gg aggregate liability in any circumstance is limited to the amount equivalent to $100 (one hundred USD).
12.4. The foregoing limitation applies regardless of the nature of the cause of action (whether breach of contract or tort, including negligence) and even if fast-new-front-2849.csmarket.gg has previously been advised of, or reasonably could have foreseen, the possibility of such damage or loss. To the extent that any jurisdiction does not allow the exclusion or limitation of any incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
12.5. If third parties or state authorities file claims against the Company related to the User, or a breach of warranties provided herein, the User undertakes to resolve these claims with his own forces and at his own expense, protecting the Company from losses and proceedings.
12.6. The User shall be responsible for all his actions and omissions, both intentional and unintentional, that violate the applicable law and/or the terms of this Agreement, and/or the rights of third parties, and also undertakes to indemnify the Company and its affiliates any losses, damages, or expenses, which may at any time be imposed on or incurred by such actions and omissions, and to cooperate as fully as reasonably required in the defense of any claim.
12.7
(i) The Company provides a platform through which Users agree to transfer virtual items (skins) to each other inside Couterstrike 2 games.
(ii) A skin is a virtual in-game item, the texture of in-game items (for example, weapons, gloves) provided to users inside the game in accordance with the license agreement.
(iii) By “sale” or “purchase” is meant not the actual sale/purchase, but an agreement on the transfer of rights to use the skin inside the game. The website itself does not offer the transfer of virtual items, but it is done on the platform of the game's publisher, Steam.
(iv) The Website is not related to online gambling.
(v) The Website does not provide any crypto-fiat, fiat-crypto-crypto-fiat or other currency exchange services and does not act as a currency exchange point.
13.Change and termination of the Agreement
13.1. The Company has the right to terminate the Agreement or revoke the rights granted under this Agreement, subject to 3-days prior notification. Upon any termination of the Agreement, you shall immediately cease access to and use of the Website and other Services. Any termination of this Agreement shall not affect your obligations incurred and not fulfilled before the date of termination.
13.2. The Company hereby reserves the right to supplement or make changes to this Agreement at any time, when deemed necessary, without a prior notification. We may do this for a variety of reasons including changes in laws, new features, or changes in business practices and/or any other reason.
13.3. If the changes to the Agreement include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Website, other Services or via email.
13.4. Any changes will come into force from the moment of their publication on the Website, unless otherwise provided for by a later version of this Agreement. If you continue to use the Website or other Services after the changes become effective, then you agree to the revised Agreement.
13.5. We recommend you to read this Agreement from time to time in order to be aware of any changes and additions. If you do not agree with any part of this Agreement, you should immediately stop using the Website and other Services, and notify us of the disagreement so that we can take the necessary measures, which may include suspension or termination of your access to the Website.
14.Applicable Law and Disputes
14.1. The Agreement shall be governed by and construed in accordance with the laws of fast-new-front-2849.csmarket.gg domicile, unless otherwise expressly provided.
14.2. The Parties will endeavor to settle all disputes, disagreements or claims, which may arise in connection with execution, termination or invalidation of the Agreement, through negotiations.
14.3. The User, who has a claim and/or disagreement shall send a message to the Company at the following e-mail address: support@csmarket.gg . The message shall contain the essence of the asserted claim, the evidence confirming the claim, account data, and the User’s contact information and signature.
14.4. The Company will endeavor to reply within twenty (20) business days from the date of receipt. In absence of reply to the claim within 20 (twenty) business days, or if the Parties have failed to resolve the dispute, the dispute shall be submitted to the court for consideration at the venue of fast-new-front-2849.csmarket.gg registered office.
14.5. Where permitted under the applicable law, you agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
15.Final provisions
15.1. The Parties confirm that all notifications, messages, agreements and documents within the framework of the Parties’ performance of the obligations arising from the Agreement, having been signed by analogues of the Parties' autographic signatures, shall have legal force and be binding upon the Parties.
15.2. The Parties acknowledge that all the messages, sent from authorized e-mail addresses, as well as to the User’s Account, shall be deemed to be sent and signed by the Parties, unless otherwise directly specified in such messages.
15.3. All notices you send us must be sent to the contact details on this site (link). We may give notice to you at either the email or postal address you provide to us. Notice will be deemed received 24 hours after an email is sent or three days after the date of posting of any letter.
15.4. If any provision of these Terms of Service is deemed invalid and/or unenforceable under any statute, regulation, ordinance, legislation or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed several, and and shall not affect the validity and enforceability of any remaining provision, and the remaining provisions shall remain in full force and effect.
15.5. fast-new-front-2849.csmarket.gg may assign, subcontract or otherwise transfer its rights and/or obligations hereunder without notice to you or obtaining your consent. You may not assign, subcontract or otherwise transfer your rights and/or obligations hereunder.
15.6. Information related to the implementation of this Agreement is strictly confidential. The Сompany has no obligation to provide the User with accounting or other financial documents related to this Agreement
16.Contact Details
16.1. Should you have any questions, enquiries, remarks, complaints or comments regarding the Website, the Service, or this Agreement please contact our Support team at support@csmarket.gg. We will reply to you as soon as possible.
16.2. Where possible, we will work with You and/or any user selling on our Website, to resolve any disputes arising from your purchase. 17. Promotions
17. From time to time, the Company may make available on or through the Service certain rewards programs, challenges, and/or other promotions (collectively, “Promotions”). Participation in Promotions is voluntary, and you are not obligated to participate in such Promotions. If you choose to participate in such Promotions, your participation in any such Promotions is subject to and governed by these Terms of Service and any other terms and conditions presented to you in connection therewith. The Company may enable you to earn Rewards by completing qualifying activities, such as, for instance, participating in certain games or referring new users to the Service. Rewards may be used to continue playing online virtual games or redeemed for Skins to be used solely for personal gameplay within the Steam platform. The specific services the Company engages you to perform and ways in which you may earn and redeem Rewards each will be described in more detail on the Service. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and/or use of any Reward or Skin is your sole responsibility. The redemption of your Rewards is subject to your compliance with these Terms of Service. We reserve the right to delay, withhold or invalidate accrual or redemption of Rewards in the event of technical errors, potential fraudulent activity, or similar issues. Specifically, we can invalidate Rewards from your account if we determine in our sole discretion that such Rewards were improperly credited to your account. The Company will not replace any lost or stolen Rewards or Skins, and the Company is not responsible or liable for any unredeemed, unused, or lost Rewards or Skins. The Company is not responsible for your use of any Reward or Skin after it has been delivered to you. Rewards do not entitle you to a vested right or interest and have no cash value. Therefore, Rewards are not redeemable for cash or any other form of currency or credit and have no fixed or ascertainable cash value.
YOU UNDERSTAND THAT THE COMPANY MAY TERMINATE, SUSPEND OR MODIFY THE PROMOTIONS (INCLUDING, WITHOUT LIMITATION, WHAT THE REWARDS AND AVAILABLE SKINS ARE, HOW YOU REDEEM THE REWARDS AND THE DURATION OF THE PROMOTION) AT ANY TIME IN THE COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR TERMINATION OF ANY PROMOTION.
General Practices Regarding Use and Storage: You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device and (ii) the ability to browse the Service from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person that acquires your old number. User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) email or otherwise upload any content that
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Referral program General Provisions
You may participate in our Referral program (“Program”) and earn compensation (“Commissions”) according to the current rates (“Rates”) posted on the Referral Dashboard, for each user that makes cash deposits through your unique referral code (“Referral Code”). We agree to provide you access to, and membership in, the Program and the right to market, advertise, and promote fast-new-front-2849.csmarket.gg using the Referral Code, according to these Terms of Service.
THIS LICENSE IS REVOCABLE AT WILL. SUCH REVOCATION DOES NOT REQUIRE PRIOR NOTICE.
You may only use the Referral Code to promote fast-new-front-2849.csmarket.gg. You will not use the Referral Code in violation of any term contained in these Terms of Service. Your license to use the Referral Code shall automatically terminate, and all rights shall automatically revert to us upon cancellation or termination of your membership, or your withdrawal from the Program or fast-new-front-2849.csmarket.gg.
18.1. Affiliate Website and Referral Content
You may post the Referral Code on your personal affiliate website (“Affiliate Website”), and you may promote the Affiliate Website in content posted on third-party websites (“Referral Content”). However, you must not post the Referral Code directly on any third-party website that is not owned or operated by you, including any third-party social media platform. You must not link to the Referral Code or fast-new-front-2849.csmarket.gg in any paid advertising, though you may link to the Affiliate Website in paid advertising provided such paid advertising campaigns
(a) do not bid on fast-new-front-2849.csmarket.gg trademarks or misspellings thereof,
(b) do not use fast-new-front-2849.csmarket.gg trademarks, URLs, or misspellings thereof, and
(c) add the fast-new-front-2849.csmarket.gg trademarks to the phrase match negative keywords list for the paid advertising campaign. We reserve the right to request
(d) removal of the Referral Code from the Affiliate Website,
(e) deletion of any Referral Content on third-party websites, and
(f) deletion of any paid advertising for the Affiliate Site which does not comply with these Terms of Service. You agree to comply with such requests.
You will be solely responsible for the Affiliate Website and all Referral Content. If you are in doubt as to whether the Affiliate Website or any Referral Content complies with these Terms of Service, please contact us before publishing the Referral Code to the Affiliate Website or before posting any Referral Content on third-party websites.
19.1. Termination
If you participate in the Program, and you’ve been paid to advertise us, and you stop promoting us and/or you participate in other affiliate or promotion program, or provide any “influencer” or internet marketing services to any other CS:GO related skin trading platform or platform offering games, whether such platform’s services are physical or virtual, without our written permission. If you violate this exclusivity provision, we may block your account and set your affiliate percentage to zero (0%) percent. Requests to cure this breach may be directed to support@csmarket.gg, and will be handled in our sole discretion. By accepting these Terms of Service, you hereby, accept, you made yourself aware that CS:GO affiliate data is strictly confidential. Sharing your affiliate data without our written consent with any other affiliate program, “influencer”, marketing service or any third party, unless such disclosure is required by law, will result in termination of the business relationship and termination of your affiliate commission.
Third Party Websites The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Company has no control over such sites and resources and Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Company is not liable for any loss or claim that you may have against any such third party. Additionally, neither the Service nor Company is affiliated with Valve. Valve has not endorsed or sponsored the Service or Company in any way. Indemnity and release You agree to release, indemnify and hold Company and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@csmarket.gg. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to PAYPLAYSOFT LIMITED, Giannou Kranidioti & Pargas 9, 1st floor, Flat/Office 102, 1065, Nicosia, Cyprus (“Notice Address”). The Notice must
(i) describe the nature and basis of the claim or dispute and
(ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org . Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration . If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
These Terms of Service constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of New York, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Company, but Company may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy At Company, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.