Last updated: 13.06.2018
SECTION 1. DEFINITIONS. TERMS & CONDITIONS ACCEPTANCE
1.1Herein the following definitions are used:
“DMarket” or the “Company” or the “Website Owner” or “We” or “Our” or “Us” – means DMarket Ltd., the company incorporated in the Cayman Islands, with registration No. 327272, located at: Genesis Building, 5th Floor, Genesis Close, PO Box 446, Cayman Islands, KY1-1106;
“You” or “User” means a person, who uses the Website;
“Website” means the website https://dmarket.com/;
“Services” means services provided by the Company through the Website.
1.3You must carefully read and comply with these Terms.
1.4By using the Website, You are confirming that You have fully read, understood and irrevocably accepted these Terms. If You do not agree with these Terms in general or any part of them, You are not permitted to use the Website and any associated Services.
SECTION 2. GENERAL PROVISIONS
2.1These Terms and any accompanying documents are effective and binding on You whenever You use the Website.
2.2You acknowledge and accept that these Terms and any accompanying documents and/or the Website are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at DMarket’s sole discretion. Your continued use of the Website after any amendments or alterations of these Terms, any accompanying documents and/or the Website shall constitute Your consent and acceptance of any such changes, modifications, amendments, alternations or supplements. The date of the most recent amendments and alterations will be indicated at the top of these Terms.
2.3You acknowledge and accept that the Website Owner reserves the right at any time, in its sole and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website for any reason.
2.4By using the Website, You covenant, represent, and warrant that (under the Applicable Law and law of Your country of residence):
- You are of an age of majority in the jurisdiction where You are a resident (at least 18 years of age), and are fully able and legally competent to use the Website, and in doing so will not violate any other agreement to which You are a party;
- You have all necessary and relevant experience and knowledge to deal with digital items, cryptocurrencies and Blockchain-based systems, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with digital and cryptographic assets (including their purchase and use), cryptocurrencies and Blockchain-based systems, as well as the necessary and relevant expertise and knowledge to purchase, use and manage them, and are solely responsible for any evaluations based on such knowledge;
- If You are a corporation, governmental organization or other legal entity, You have the right, power and authority to act on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms;
- You will not use the Website for any illegal activity and You are not engaged in any illegal activity;
- You solely control Your credentials (email address, password or other information provided for the purpose of the Website use) and do not act on behalf of any third party.
2.5 The pages of the Website may contain services of the Company’s partners, vendors,game developers, etc. and/or links to third-party websites and services. Such services and/or links are provided for Your convenience, but the Website Owner shall not be considered to make any recommendation or endorsement of any third party website or its content, unless expressly stated by the Website Owner. The Website Owner does not guarantee or otherwise suggest or imply the safety of any third party website or the conformity of any such third party website with Your expectations. Furthermore, the Website Owner is not responsible for maintaining any materials referenced from another site, and makes no warranties, recommendation or endorsement for that site or respective service. The Website Owner assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources. Please also note that these services may have their own policies. We do not accept any responsibility or liability for these policies. Please check policies of such services before using these services.
SECTION 3. USER’S WEBSITE REGISTRATION AND ACCOUNT
3.2DMarket reserves its right to prohibit without any compensations or explanations access to the Website and/or Service 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), 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%20list%20of%20sanctions); (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.
3.3You hereby expressly consent that You are solely responsible for the use of Your login and password for the Account, for any registration data provided for Account creation, and for any actions done during any use of Your Account. You agree to keep Your login information and password private and to immediately notify the Website Owner of any unauthorized Account activity. You may be aware of and modify Your login information respectively. You are solely responsible for any loss or damage You or the Website Owner may suffer as a result of Your failure to do so.
3.4You may deactivate Your registration with the Website at any time by sending respective request in the contact form on the Website. We may terminate Your use of and registration with the Website or freeze any transactions on DMarket platform at any time if You violate these Terms or any other DMarket policies, at our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to You or any other party, when we find such measures reasonable and/or necessary in a particular situation, without any refunds.
3.5By creating an Account, You also consent to receive electronic communications from Website Owner (e.g., via email). These communications may include notices about Your Account (e.g., password changes and other transactional information) and are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from Us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information We think will be of interest to You. You may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions.
3.6For the purpose of transactions performance on DMarket, a DMarket token (DMT) is represented by DMarket Coin (DMC) – the internal currency, used across DMarket for purchase, sale and exchange of virtual items.
3.7For the purpose of Steam digital items trading on the Website You agree to register and sign-in through Your Steam account provided by Valve Corporation or Valve S.a.r.l. (individually and collectively referred to as “Valve”). You are solely responsible for managing Your respective account and password, for keeping Your password confidential, and for restricting access to Your account. DMarket is not affiliated in any way with Valve and its affiliates. 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 relationship that You have with respect to your Steam account and Valve shall remain consistent with, but in addition to these Terms.
SECTION 4. PAYMENTS AND FEES
4.1Each transaction performed on DMarket with DMarket Coin has the main fee of 5% of the total amount of the transaction. Most of the fee will be sent to the developers and copyright holders whose items are involved in the transaction (publishers and developers). The remaining element of the fee will be due to DMarket.
4.2DMarket is entitled to use third-party payment service processors for purchase and sale of virtual items by Users. The respective third-party payment processor is primarily responsible for facilitating payment of User’s transactions. When You use any third-party payment processor (“Payment processor”) to make a purchase or sale of items on the Website, responsibility over Your transaction will first be transferred to the respective Payment processor before it is delivered to You. The Payment processor assumes primary responsibility for payment and payment-related customer support. The terms between the Payment processor and Users who utilize the services offered by the Payment processor are governed by separate agreements and are not subject to the Terms on this Website.
4.4You are responsible for payment of any fees, taxes or other costs, associated with the conduction of transactions with Payment processors or the duties and taxes imposed by Your local authorities. The respective charged amounts shall be indicated on the respective payment page of Payment processor.
4.5The list of available Payment processors shall be solely defined by DMarket and indicated on the Website.
4.6Any User demanding settlement through one of the Payment processors agrees thereby for the payment to be made through websites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, DMarket shall not be liable against the Users for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User shall contact the applicable Payment processor's site in accordance with that website’s terms and conditions.
4.7For the purpose of duly transactions performance on the Website the Users shall provide their personal and payment processing data (such as name, surname, address, copies of ID cards or other identifying documents, residence place confirmation documents, credit card identification data) to the Payment processors, including the consent for processing these data by the payment services in order to carry out the requested transactions.
4.10The payment transactions may be delayed while the Payment processor validates Your compliance with these Terms and other applicable policies. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of virtual items.
4.11DMarket or respective Payment processors are entitled to set forth the maximum daily transactions limitations on the Website due to regulatory issues. By using the Website You expressly agree with such limitations.
4.12When dealing with Payment processors (including, but not limited to Leo Partners (CY) Limited) DMarket shall act in full compliance with respective legal requirements of Payment processors’ country of residence or operations (including, in compliance with legislation of EU-member countries, such as Cyprus and others).
4.13When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the "G2A Pay services provider") to make a purchase on Our Website, responsibility over Your purchase will first be transferred to G2A.COM Limited before it is delivered to You. G2A Pay services provider assumes primary responsibility, with Our assistance, for payment and payment related customer support. The terms between G2A Pay services provider and Users who utilize services of G2A Pay are governed by separate agreements and are not subject to the Terms on this Website.
4.14The purchase of certain products may also require shoppers to agree to one or more End-User License Agreements (or “EULAs“) that may include additional terms set by the product supplier rather than by Us or any service provider, including G2A Pay services provider, or any Payment processors. You will be bound by any EULA that you agree to.
4.16We and/or entities that sell products on Our Website by using G2A Pay services are primarily responsible for warranty, maintenance, technical or product support services for those products within the limits, set forth by these Terms and the respective functionality purpose of these products. We and/or entities that sell products on Our Website are primarily responsible to users for any liabilities related to fulfillment of orders and EULAs, entered into by the End-User Customer, if We are a party to such EULAs. G2A Pay services provider is primarily responsible for facilitating Your payment.
4.17You are responsible for any fees, taxes or other costs associated with the purchase and delivery of Your items resulting from charges imposed by Your relationship with payment services providers or the duties and taxes imposed by Your local customs officials or other regulatory body.
4.18Questions related to payments made through G2A Pay services provider payment should be addressed to [email protected]
4.19Where possible, we will work with You and/or any User selling on Our website, to resolve any disputes arising from Your purchase. As provided in Section 10.6. below, for customer service inquiries or disputes, You may contact Us only via Your email at [email protected] and through the Website Owner’s contact form on the Website .
4.20Being a virtual items marketplace, DMarket does not provide any crypto-fiat, fiat-crypto or any other exchange services and does not act as such exchange. To perform transactions with Blockchain-based virtual items on DMarket, we set forth the respective funds deposit and withdrawal limitations that follow, and which are mandatory for all Users.
SECTION 5. REFUND POLICY
5.1There are no refunds when We terminate Your use of and registration with the Website or freeze any transactions on DMarket platform if You violate these Terms or any other DMarket policies.
5.2DMarket does not assume any liability and does not refund with regard to any transactions on purchase or sale of items on the Website through a Payment processor. Before making any transaction You should review the Payment processor’s refund policy which shall apply to all payments through such Payment processor.
5.3Any fees and transaction commissions paid by the Users are non-refundable and non-returnable. Due to the commission being non-refundable and non-returnable, a User is not entitled to claim any compensation from DMarket.
5.4If a User’s Account is suspended by DMarket, any balance on said Account may be fortified. In this case DMarket may at its sole discretion assist the User in transferring of funds.
SECTION 6. FUNDS DEPOSIT AND WITHDRAWAL RULES
6.1. Deposit rules:
Deposit of DMC: You can deposit less than 1000 DMC on Your DMarket Account without KYC procedure completion. If You intend to deposit more than 1000 DMC You will have to complete KYC procedure, established by DMarket. It needs to be completed just once.
If You deposit DMC to Your DMarket Account You will not be able to withdraw them.
You can withdraw only those DMC that were gained during sale of virtual items on DMarket.
Deposit of USD: You can deposit less than 5 USD on Your DMarket Account without KYC procedure completion. If You intend to deposit more than 5 USD You will have to complete KYC procedure, established by DMarket. It needs to be completed just once. After that You will be able to use any available third-party Payment processor service.
If you deposit USD to Your DMarket Account You won’t be able to withdraw them.
You can withdraw only those USD that were gained during sale of virtual items on DMarket.
6.2. Withdrawal rules:
Withdrawal of DMC: You can withdraw less than 100 DMC from Your DMarket Account without KYC procedure completion. If You intend to withdraw more than 100 DMC You will have to complete KYC procedure, established by DMarket. It needs to be completed just once.
If You deposit DMC to Your DMarket Account You will not be able to withdraw them.
You can withdraw only those DMC that were gained during sale of virtual items on DMarket. Delays can occur during funds withdrawal.
Withdrawal of USD: You can withdraw less than 100 USD from Your DMarket Account without KYC procedure completion. If You intend to withdraw more than 100 USD You will have to complete KYC procedure, established by DMarket. It needs to be completed just once.
If you deposit USD to Your DMarket Account You won’t be able to withdraw them.
You can withdraw only those USD that were gained during sale of virtual items on DMarket. Delays can occur during funds withdrawal.
SECTION 7. INDEMNIFICATION
7.1To the extent permitted by Applicable Law, You shall indemnify, defend, and hold the Website Owner and/or its subsidiaries, Affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Website Owner arising out of a breach of any warranty, representation, or obligation hereunder.
7.2You shall not have any claim of any nature whatsoever against the Website Owner for any failure by the Website Owner to carry out any of its obligations under these Terms as a result of causes beyond its control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, hacker attacks on the Website or any resources which have any relation to DMarket, any economic instability, any advances in quantum computing or cryptography that impact Blockchain immutability, any malfunction, breakdown or abandonment of the Ethereum, Bitcoin or other Blockchain-based protocols, any volatility in the value of cryptocurrencies, accidents of any kind, any default or delay by any sub-contractor or supplier of Ours, riot, any political or civil disturbances, the elements, by an act of state or government including regulatory action imposed, any delay in securing any permit, consent or approval required by the Website Owner, for the supply of products under these Terms or any other authority or any other cause whatsoever beyond Our absolute and direct control.
SECTION 8. LIMITATION OF LIABILITY
8.1 You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, neither the Website Owner nor its Affiliates shall be liable to You, regardless of the basis or theory upon which the liability is claimed, for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from:
- the use of, inability to use, or availability or unavailability of the Website or the material, information, software, facilities, services or content on the Website;
- Your purchase of the DMarket Coins or DMarket Tokens or Your use of them;
- any change of the value of the DMarket Coins or DMarket Tokens or any cryptocurrency;
- any illegal or unauthorized use of the Website or purchase or use of the DMarket Coins or DMarket Tokens;
- the resale or exchange or attempted resale or exchange of DMarket Coins or DMarket Tokens for any fiat currency, cryptocurrency or cryptoasset;
- the product failing to be suitable for the special or particular purpose You intend, or the failure of any services on or related to the Website, including online cryptocurrency services, assets or platforms or the information, images or audio contained or related to the Website; and
- the Website being infected with any malicious code or viruses.
8.2You understand and agree that it is Your obligation to ensure compliance with any legislation relevant to Your country of domicile concerning Your use of the Website.
8.3The Website owner does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. Your use of the Website and its services, including cryptocurrency services, assets or platforms, and any information, images or audio contained or related to the Website is at Your own risk.
8.4If Applicable Law or the law of Your country of residence does not permit all or any part of the above limitation of liability or exclusion of warranties or disclaimer of implied terms in contracts to apply to You, the limitations, exclusions and disclaimers will apply to You only to the extent permitted by Applicable Law.
8.5It is possible that due to a number of reasons outside of the Website Owner’s control, including but not limited to, changes in regulatory or intellectual property law, technological advancements, decreases in token or cryptocurrency utility, social or economic reforms, the failure of commercial relationships, or the malfunction, breakdown or abandonment of the Ethereum Protocol, DMarket, Blockchain-based technology, Bitcoin, Ethereum and other related technologies may dissolve, disappear, be abandoned or otherwise no longer operate, or operate with material impairments.
8.6The market value of cryptocurrencies may go up or down, and the market value of cryptocurrencies has demonstrated extreme volatility. Any cryptographic coins or tokens may not have market value. You should expect fluctuations, both down and up, in the market value of cryptocurrencies that you purchase, if any, and such fluctuations may be extremely volatile, including price crashes that may occur in the event of political or economic crises that cause a large-scale sell-off of cryptocurrencies.
8.7There may be restrictions on the sale and purchase of cryptocurrencies in certain jurisdictions, including outright prohibition or a requirement that the sale or purchase must take place on a regulated exchange or trading venue. These restrictions may become more prohibitive over time.
8.8DMarket is currently under development and may undergo significant changes. Any expectations regarding the form and functionality of the DMarket held by You may not be met for a number of reasons including a change in the design and implementation plans and execution of the implementation of the DMarket.
8.9Despite Website Owner’s good faith efforts to exclude any viruses from the Website and secure the network and technologies interacting with DMarket, it is possible that one or more third-parties can or will introduce malicious code or other viruses into the open-source software and code underlying DMarket and/or create, undercover or exploit weaknesses in the security of the cloud-based services used by the Website Owner. Such events may impact the continued development, deployment or operation of DMarket.
8.10There are risks associated with using the Website, including, but not limited to, the failure of hardware, software and Internet connections. The Website Owner is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any disruption, distortion or delay in its delivery or receipt, however so caused.
8.11Security measures have been implemented to ensure the safety and integrity of any of the services related to the DMarket Platform. However, despite this, You acknowledge that information that is transmitted over the internet or Blockchain may be susceptible to unlawful access and monitoring.
SECTION 9. INTELLECTUAL PROPERTY RIGHTS
9.1Any trademarks, logos, skins, artworks and other objects of intellectual property (either registered or unregistered), represented on the Website, belong to their respective owners and there are no implied licenses to use them, unless otherwise stipulated by the respective owners. The mentioned objects may not be copied or imitated in whole or in part, without the permission of the applicable owner. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Website Owner. Thus the Website Owner accepts no responsibility or liability whatsoever with regard to the information (including images, logos, skins, trademarks, slogans, etc.) about its activities or about third parties activities published on this Website.
9.2The DMarket logo and any DMarket product or service names, logos or slogans that may appear on the Website or service are trademarks of the Website Owner or Our affiliates and may not be copied, imitated or used, in whole or in part, without Our prior written permission. You may not use any metatags or other “hidden text” utilizing “DMarket” or any other name, trademark or product or service name of Us or Our affiliates without Our prior written permission. In addition, the look and feel of the Website and its content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of the Website Owner and may not be copied, imitated or used, in whole or in part, without Our prior written permission.
SECTION 10. MISCELLANEOUS
10.1Termination and Suspension. Notwithstanding anything contained herein, the Website Owner reserves the right, without notice and in its sole discretion, to terminate these Terms, suspend Your right to access the Website, and delete or deactivate Your Account and all related information and files in such Account without liability to You, including (but not limited to) in case of Your breach of these Terms or if the Website Owner believes You have committed fraud, negligence or other misconduct. You may terminate these Terms without notice by discontinuing use of the Website. All rights granted to You under these Terms will immediately be revoked upon the Website Owner’s termination of these Terms or suspension of Your access to the Website. In the event of any Force Majeure Event (as defined in "Miscellaneous" Section), breach of this Agreement, or any other event that would make the provision of services commercially unreasonable, the Website Owner may, in its discretion and without liability to You, with or without prior notice, suspend Your access to all or a portion of its services or the Website.
10.2Assignment. The Website Owner may, at its sole discretion, assign any of its rights and/or delegate its duties (including, but not limited any and all intellectual property rights for all the intellectual property rights objects created during or referring to DMarket platform) to any third party at any time. You may not assign Your rights or delegate Your duties as Website User and DMarket Coins purchaser, and any assignment or delegation without the previous written consent of the Website Owner shall be null and void.
10.3Communication and Notices. Any communication concerning these Terms execution and/or violation should be conducted only via Your email and through the Website Owner’s contact form on the Website. Your official email for communication shall be deemed the email specified by You during the Account registration process. The one and only language of the communication shall be English. The Website Owner may provide any notice to You under this Agreement by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with Your account. Notices the Website Owner provides by posting on the Website will be effective upon posting and notices Website Owner provides by email will be effective when such email is sent. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your account when Website Owner sends such email, whether or not You actually receive or read the email.
10.4Further Assistance. You shall cooperate with and assist the Website Owner in connection with any investigation, examination or enquiry by any government entity. You shall promptly provide the Website Owner with any documents, certification, record or other information it may request in connection with such investigation, examination or enquiry.
10.5Force Majeure Events. Website Owner shall not be liable for any loss or damage arising from any event beyond its reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond its reasonable control (each, a “Force Majeure Event”).
10.6Applicable Law. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of the Cayman Islands. To resolve any dispute, controversy or claim between them arising out of or relating to this Agreement, or the breach thereof, the Parties agree first to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy or claim to the other Party. If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit the respective claim to the binding arbitration with the Rules of Arbitration of International Chamber of Commerce. The claim is to be reviewed by one or more arbitrators appointed in accordance with the said rules. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You and the Website Owner (a) waive Your and Website Owner’s respective rights to have any and all disputes arising from or related to these Terms resolved in a court, and (b) waive Your and Website Owner’s respective rights to a jury trial. The substantive law shall be the Applicable Law (including all other operating rules, policies, and procedures that may be issued by the Website Owner and published from time to time on the Website), without regard to conflict of law rules or principles. The language of the arbitration shall be English.
Intellectual property notification: This document belongs to the Website Owner and is protected by copyright laws. It’s copying and/or use by any third party in full or in part without prior written consent of the Website Owner is strictly prohibited.