SECTION 1. DEFINITIONS. TERMS & CONDITIONS ACCEPTANCE
1.1. Here in the following definitions are used:
“DMarket” or the “Company” or the “Website Owner”– means DMarket Inc., registered number: 7914588, а Delaware corporation, located at: 221 N Broad Street, Suite 3A, City of Middletown, County of New Castle, DE 19709, USA, and Mythical, Inc., registered number: 6843771, а Delaware corporation located at: 300 Delaware Avenue, Suite 210-A, City of Wilmington, Delaware, U.S.A., Delaware, and Mythical Games, Unipessoal, Lda, registered number: 517097346, located at: Avenida da Liberdade, no. 110, Lisbon, 1269-046, Portugal, as well as any its affiliates and/or subsidiaries;
- “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;
- “Game” means an electronic video game;
- “In-game item” means digital or Blockchain-based items that exist in digital form and designated for use in Games or otherwise utilized, or have a memorable and collectible nature and properties or which value is inherently subjective.
- “Software” means software applications, other software products, and/or any services, data, or content that is accessed, contained, or utilized in, or offered as part of the software.
- “Content” means information, materials or content which may be visible to Users in the course of using the Software or on the Website.
- “Application” means the DMarket mobile application, available for download and use by the Users, designated for performance of transactions with In-game items.
1.3. You must carefully read and comply with these Terms.
1.4. By 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
2.1. These Terms and any accompanying documents are effective and binding on You whenever You use the Website.
2.2. You 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.
2.3. You 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.
2.4. By 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.
2.5. By using the Website, You also covenant, represent, and warrant that (under the Applicable Law and law of Your country of residence):
- You have all necessary and relevant experience and knowledge to deal with digital items and/or 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) 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.
2.6. The pages of the Website may contain services of the Company’s partners, vendors, game developers, etc. and/or links to or from 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 to or 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 (including respective privacy policies). We do not accept any responsibility or liability for these policies. Please check policies of such services before using these services. If You use any third party websites or services, You should read and follow their respective policies. If there are discrepancies between such third party policies and any of the Website Owner’s policies, Website Owner’s policies shall prevail.
SECTION 3. USER’S WEBSITE REGISTRATION AND ACCOUNT
3.2. You can sign up or log in and have further access to DMarket Account by one of the following means:
- via Your email and password; or
- via Your Steam account; or
- via Your social network account; or
- via Your Life Beyond video game account.
3.3. For the purpose of Steam In-game items trading or exchange on the Website You agree to register by signing-in or logging-in through Your Steam account provided by Valve Corporation or Valve S.a.r.l. (individually and collectively referred to as “Valve”), as well as indicate and confirm Your email. 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.
3.4. For the purpose of Life Beyond video game In-game items trading or exchange on the Website You agree to register by signing-in or logging-in through Your Life Beyond account provided by the third party service provider, as well as indicate and confirm Your email. In such case You can also access Your DMarket Account in Life Beyond video game. 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 the respective third party service provider and its affiliates. You agree that the terms of any respective third party service provider 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 third party service provider account and third party service provider shall remain consistent with, but in addition to these Terms.
3.5. DMarket 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; (e) or persons from the Russian Federation and/or the Republic of Belarus.
3.6. You 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.
3.7. You 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 the Website 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.
3.8. By 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.
3.9. If You are not signing-in or logging-in into Your Account within 12 consequent months, the Website Owner may suspend Your Account without any liability or further obligation of any kind whatsoever to You or any other party. Within 6 months from the date Your Account was suspended, You can request to unsuspend Your Account by sending respective request in the contact form on the Website. If You are not signing-in or logging-in into Your Account within 18 consequent months and You haven’t requested to unsuspend Your Account within the given term, the Website Owner may terminate Your Account/registration with the Website with no option to restore it, without any liability or further obligation of any kind whatsoever to You or any other party and without any refunds.
3.10. To ensure the seamless access and availability of its Services to all Users of the Website, the Website Owner applies the following fair use policy to all the Website Users (“Fair Use Policy”). When the Website Owner reasonably considers that Your use of the Services is unfair, including but not limited to, exceeds the average usage, cause significant network congestion, disruption or is fraudulent, or suspicious, or a non-ordinary use, or any otherwise adversely affect the Services or the work of the Website, the Website Owner may, at its sole discretion, without notifying You in advance and without any liability to You, suspend or limit Your usage of the Service or any volume, or feature of it. The Company reserves the right to amend the terms of this Fair Use Policy from time to time. You hereby expressly acknowledge and accept the Company’s Fair Use Policy.
3.11. Any User is not allowed to commit any act which shocks, insults or offends the community, public morals or decency, or to engage in any other act that may harm the image of the Website Owner, or to conduct anything else that could reasonably be found by the Website Owner to constitute hate speech or otherwise infringe upon the rights of others.
Any and all content that is, part of or encourages, praises, promotes any violence (including graphic violence), hate speech, hatred against individuals or groups, aid violent criminal organizations, or intended to threaten, shock or disgust Users, or content that encourages others to commit violent acts, dangerous or illegal activities that risk serious physical harm or death is not allowed on DMarket. The Website Owner can remove any and all such content on the Website without informing the User and without any liability.
3.12. The purchase of certain products may also require You 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 or any Payment processors. You will be bound by any EULA that You agree to.
3.13. We and/or Users/entities that sell products on Our Website 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 Users/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. Payment processor is primarily responsible for facilitating Your payment.
3.14. Where possible, We will work with You and/or any User selling on Our website, to resolve any disputes arising from Your purchase, including but not limited to, unsuccessful account balance deposit. As provided in Section 12.3. and 12.6. below, for customer service inquiries or disputes, You may contact Us via Your email at email@example.com and through the Website Owner’s contact form on the Website.
SECTION 4. PAYMENTS AND FEES
4.1. Each purchase and sale transaction performed on the Website has the fee up to 10% of the total amount of the transaction. Considering that exchange operations are the operations of sale and purchase of In-game items on the Website, the respective fees applicable for each of such respective sale and purchase transaction shall be applicable.
4.2. For the purpose of transactions performance on the Website Users can use US dollars (USD).
4.3. DMarket is entitled to use third-party payment service processors for purchase, sale or exchange of In-game 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 (the “Payment processor”) to make a purchase, sale or exchange of In-game 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.
4.5. You 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.
4.6. The list of available Payment processors shall be solely defined by DMarket and indicated on the Website.
4.7. Any 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.
4.8. For 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.
4.11. The 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.
4.12. DMarket 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.
4.13. When dealing with Payment processors 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).
4.14. You 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.
4.15. Being an In-game items marketplace, Website and Website Owner does not provide any crypto-fiat, fiat-crypto or any other currency exchange services and does not act as such exchange. To perform transactions with In-game Items on the Website, we set forth the respective funds deposit and withdrawal limitations that follow, and which are mandatory for all Users.
SECTION 5. REFUND POLICY
5.1. There are no refunds when We terminate Your use of and registration with the Website or freeze any transactions if You violate these Terms or any other DMarket policies.
5.2. DMarket does not assume any liability and does not refund with regard to any transactions on purchase, sale or exchange of In-game items on the Website.
5.3. Before making any transaction on deposit or withdrawal You should review the Payment processor’s refund policy which shall apply to all payments through such Payment processor.
5.4. Any 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.
5.5. If a User’s Account is terminated or suspended by DMarket, any balance on said Account may be forfeited.
SECTION 6. FUNDS DEPOSIT AND WITHDRAWAL RULES
6.1. USD Deposit rules:
You can deposit not less than 1 USD on Your Account. If You intend to deposit funds through VISA/Mastercard, You will have to complete KYC procedure. It needs to be completed just once.
If you deposit USD to Your Account You won’t be able to withdraw them. You can withdraw only those USD funds that were gained during sale or exchange of In-game items.
6.2. Withdrawal rules:
Withdrawal of USD: You can withdraw not less than 5 USD from Your Account. You might be asked to complete mandatory KYC procedure.
If you deposit USD to Your Account You won’t be able to withdraw them. You can withdraw only those USD funds that were gained during sale or exchange of In-game items.
General terms of withdrawal: Under normal circumstances withdrawal from Your Account will be completed within the term of up to 24 hours during business days (meaning a day other than a Saturday or Sunday). Delays can occur during funds withdrawal. If You intend to withdraw more than 99.99 USD from Your Account delays up to 48 hours can occur during funds withdrawal.
6.3. Any transactions of deposit and withdrawal by any person from the Russian Federation and the Republic of Belarus are prohibited. Any transactions of deposit from or withdrawal to the bank card or bank account opened: (i) by any person from the Russian Federation and the Republic of Belarus, and/or (ii) by any person with any bank or financial institution located and/or operated in the Russian Federation and/or the Republic of Belarus may be suspended/frizzed by the Website Owner. Any balance on the Account of such User may be blocked/forfeited.
SECTION 7. OBLIGATIONS CONCERNING TRANSACTIONS PERFORMED THROUGH THE WEBSITE
7.1. The Website is not an online shop, but merely an online platform where Users may conduct transactions with In-game items between them and/or with automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users.
7.2. Any offers and sales of In-game items performed through the Website are made between the respective selling and purchasing Users and/or automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users, while DMarket only facilitates such transactions by means of establishing and maintaining the Website’s functionalities, lists automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users and provides certain additional services to the Users aimed at improving safety, speed and certainty of the transactions.
7.3. Any conditions specific for transactions and contracts being concluded between Users and/or automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users concerning selling, purchase or exchange of In-game items through the Website are determined, selected and agreed by the Users. In any case DMarket does not acquire any ownership or any other proprietary rights concerning the objects of transactions on the Website.
7.4. Users are personally responsible for observing and agreeing to all the terms and conditions of transactions conducted on, via the Website and as a result of using the Service. The Website Owner is not a party to any agreement or legal relations between the Users and/or between automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users performing transactions on the Website. Specifically, the Website Owner is not a party to any act of sale, purchase or exchange and is not liable as such, and not liable for failure to perform or improper performance of any commitments of the Users and/or of automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users.
7.5. The Users, purchasing or exchanging In-game items from selling (exchanging) Users or automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users through the Service confirm that they are not VAT taxpayers. When such Users become or already are the VAT taxpayers, they are obliged to notify the selling (exchanging) User respectively and provide the latter with all the data required to issue a VAT invoice.
7.6. The Users selling or exchanging In-game items through the Website hereby agree and acknowledge that they are solely responsible for paying any applicable VAT or similar tax liabilities in compliance with the applicable laws, resulting from the sale or exchange of In-game items to purchasing Users or to automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users made through the Website.
7.7. Whenever DMarket provides Services to any User who is considered to be an entrepreneur under the legislation of his/her country of residence, that person acknowledges and agrees to account for any GST/VAT due via the applicable Reverse Charge Mechanism (such as in Albania, Australia, Bangladesh, Belarus, Canada, European Union, Ghana, Iceland, India, Japan, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey or Thailand).
7.8. The Users are particularly responsible for paying any due taxes (including VAT from sale or exchange of In-game items through the Service), fees or other due amounts required in connection with the agreements they have concluded between each other and/or between automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users (including issuing any invoices and provision of any reporting documentation). The Website Owner in any case is not liable for settling above fees and taxes and for any filing obligations of the Users.
7.9. In case if any direct sales of In-game items to Users are performed by DMarket through the Website, the applicable GST/VAT shall be added to the sales price, paid and/or withhold in compliance with the relevant taxation rules.
In any case if a User doesn’t provide any information required by applicable legislation to DMarket, DMarket has the right to suspend and/or block any Account of such User, and/or block respective User’s transactions, and/or remove respective User’s In-game items from sale on the Service or from User’s inventory, and/or terminate User’s use of and registration with the Website, and/or block amount of the balance on User’s Account, and/or suspend any applicable User’s Subscription, and/or make relevant withholdings from such User’s balance as required by applicable law, without any prior notification, and/or request of any additional verification data and information.
7.10. DMarket acting for the sole purpose to protect Your interests as seller and purchaser of In-game items through the Website directly to Users and/or to automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users, introduces following additional rules and restrictions on the Website:
7.10.1. When You are acting as the seller: after You receive the request for creating trade and accepting trade, You have 12 hours to transfer In-game item(s) from such trade to the purchaser’s (User’s) inventory. If You fail to do so or decline trade on Steam, or create counter-offer(s) on Steam, or if there is a failure to reserve sell offer due to In-game item absence on Your Steam account within 12 hours, the following restrictions shall be applied to You by the Website Owner: (i) all Your direct sell offers shall be cancelled or removed from sale but You will be allowed to complete all "Processing" of direct sale transactions, and (ii) You will not be allowed to put any In-game items on sale directly to Users for 3 (three) calendar days.
7.10.2. When You are acting as the purchaser: after You accepted trade offer You have 12 hours to complete trade offer. If You fail to do so or decline trade offer on Steam, or accept counter-offer(s) on Steam within 12 hours, the following penalties and restrictions shall be applied to You by the Website Owner: a) penalty in the amount of 2% of the failed trade offer(s)’ price will be withdrawn from Your balance account and credited to the balance account of the seller of the mentioned trade offer(s) as compensation for the failure to complete trade. In any case, the amount of such penalty shall be not less than USD0.01.
SECTION 8. AML & KYC POLICIES
8.1. At DMarket we strictly follow and pay special attention to international Anti Money-Laundering (AML) and Know-Your-Customer (KYC) standards, applying FATF and BSA recommendations. We do this to evaluate the transactions performed by the Users at our Website to prevent money laundering or any other illegal activities.
8.2. Unless specifically prescribed in these Terms or additionally notified to Users by the Website Owner, AML and KYC procedures are applied to all transactions performed by the Users on our Website, in particular to:
- Deposit and Withdrawal history;
- In-game items trades & exchanges.
8.3. The AML and KYC procedures applied by DMarket include the following:
- Verification of Users’ identity by the means of requesting identification data and documents;
- Verification of Users’ Tax ID;
- Verification of Users’ source of funds;
- Verification of Users’ country of residence;
- Verification of Users’ transaction purposes;
- Verification of fair trading by the Users on the Website;
- Other actions aimed to prevent potentially risky or illegal operations on the Website.
8.4. During performance of AML and KYC procedures by DMarket Users might be requested to provide information and documents, including, but not limited to the following:
- Your first and last name;
- Your date of birth;
- Your document ID number;
- Your Tax ID;
- Country, city, street and postal code of Your residence;
- Copy of Your ID document, containing valid identification information about You;
- Copy of You, holding Your ID document;
- Copy of Your payment order document (utility bill, bank documents, etc.).
8.5. We may use Your personal data and other information We collect to detect, investigate
and prevent fraudulent transactions and other illegal activities, comply with reporting
8.6. DMarket has the right to establish AML and KYC procedures at its own discretion (including, but not limited to application of transaction limitations). These procedures might be amended from time to time by DMarket without additional notice to Users to follow internationally applicable standards and rules and prevent any fraudulent or illegal activity.
8.7. You should note that in addition to AML and KYC verification, DMarket has the right to execute EDD (Enhanced Due Diligence) of its Users, their data and transactions performed by them on the Website, and request additional information from a User, to verify User’s identity, data and information provided by User, the source of User’s funds and their owner. In this case Users might be requested to provide additional documents as shall be set forth by DMarket (including, but not limited to declaration of the source of funds).
8.8. If You do not provide us with any of the requested data and documents, You may not be able to use the Website properly.
8.9. DMarket has the right to suspend, and/or block or terminate any Account of the User, and/or block respective User’s transactions, and/or remove respective User’s In-game items from sale on the Service or from User’s inventory, terminate User’s use of and registration with the Website, block amount of the balance on User’s Account,, and/or suspend any Services without any prior notification, and/or request of any additional verification data and information if the respective User, User’s activity, background or source of funds appears suspicious, poses excessive legal, security, financial or reputational risk to the Website Owner, its affiliate, another User or another third party and/or if the User violates these Terms, and/or the User is prohibited to access to the Website and/or use Service as indicated in Section 3.6 above as shall be determined by the Website Owner in its sole discretion.
8.10. The list of suspicious activities is set forth solely by DMarket in its sole discretion and includes, but not limited to the following:
- User appears on a list of sanctioned individuals or entities as maintained by OFAC;
- User exhibits unusual concern for secrecy, particularly with respect to his/her identity or background, or refuses to provide the requested documentation during conduction of AML/KYC procedures;
- User is directly or indirectly engages, facilitates or advertises online and offline gambling activities, including but not limited to, lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet Marketplaces and wagers at races;
- User, User’s activity or User’s Account poses excessive legal, security, financial or reputational risk to the Website Owner, its affiliate, another User or another third party as shall be determined by the Website Owner in its sole discretion;
- Upon request User refuses to identify or fails to indicate a legitimate source of his/her funds and other assets or identifies a source that is fictitious, false, misleading or substantially incorrect;
- User presents unusual or suspicious identification documents that cannot be readily verified;
- User uses the Service or Account to perform money transmission and/or exchange, and/or cash-out operations;
- For no apparent reason, User opens multiple Accounts under a single name or uses multiple names for the same person to open Accounts;
- User or a person associated with the User has a questionable background (including prior criminal convictions) or is the subject of news reports indicating possible criminal, civil or regulatory violations;
- User puts In-game items on sale for a price that exceeds the average market price for more than 100%;
- User violates established transaction limitation rules;
- User breaches these Terms or the Website Owner believes User has committed or intended to commit fraud, negligence or other misconduct.
8.11. DMarket shall not be liable to any User for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software and/or In-game items (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from blocking or suspension of User’s Account and/or respective User’s transaction, and/or termination of User’s use of and registration with the Website, and/or debiting of the balance on such User’s Account and/or removal of respective User’s In-game items from sale on the Service or from the inventory due to failure of a User to provide documents/information requested by the DMarket, or suspicious activity of a User at the Website (as shall be defined by DMarket at its sole discretion), or alleged violation of the established DMarket’s AML/KYC policy or these Terms, or DMarket’s policies by a User.
SECTION 9. INDEMNIFICATION
9.1. To 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.
9.2. You 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 Blockchain-based protocols, 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 10. LIMITATION OF LIABILITY
10.1. You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, either 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;
- any illegal or unauthorized use of the Website;
- Your purchase of DMT funds or Your use of them;
- any change of the value of DMT funds, any other currency, cryptocurrency or virtual currency;
- any illegal or unauthorized use of the Website or purchase or use of DMT funds;
- the resale or exchange or attempted resale or exchange of DMT funds for any fiat currency or asset;
- 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 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.
10.2. You 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.
10.3. The 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, assets or platforms, and any information, images or audio contained or related to the Website is at Your own risk.
10.4. If 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.
10.5. It 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, social or economic reforms, the failure of commercial relationships, or the malfunction, breakdown or abandonment of DMarket, Blockchain-based technology, and other related technologies may dissolve, disappear, be abandoned or otherwise no longer operate, or operate with material impairments.
10.6. The Website is currently under development and may undergo significant changes. Any expectations regarding the form and functionality of the Website 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 Website.
10.7. Despite Website Owner’s good faith efforts to exclude any viruses from the Website and secure the network and technologies interacting with the Website, 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 the Website 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 the Website.
10.8. There 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.
10.9. Security measures have been implemented to ensure the safety and integrity of any of the services related to the Website. However, despite this, You acknowledge that information that is transmitted over the internet or Blockchain may be susceptible to unlawful access and monitoring.
SECTION 11. INTELLECTUAL PROPERTY RIGHTS
11.1. Any 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.
11.2. The 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 12. COPYRIGHT DISPUTE POLICY
12.1. Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section 12. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers or Users; and (2) remove and discontinue Software to repeat offenders.
12.1.1. Procedure for Reporting Copyright Infringements:
If you believe that material, information or Content residing on or accessible through the Website or Software infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
12.1.2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
- to remove or disable access to the infringing material;
- to notify the Content provider or User that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and/or the Website and that Company will terminate such Content provider’s or User’s access to the Website and Software.
12.1.3. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider or User believes that the material that was removed (or to which access was disabled) is not infringing, or the Content provider or User believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the Content provider or User, must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider or User;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the Content provider or User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s or User’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or User’s address is located, or, if the Content provider’s or User’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept Software of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or User, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
DMarket Inc. firstname.lastname@example.org Subject: Notification of Claimed Infringement
SECTION 13. MISCELLANEOUS
13.1. Termination 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 or Services and all related information and files in such Account or Services 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.
13.2. Assignment. 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 the Website) to any third party at any time. You may not assign Your rights or delegate Your duties as Website User and any assignment or delegation without the previous written consent of the Website Owner shall be null and void.
13.3. Communication 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.
13.4. Further 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.
13.5. Force 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").
13.6. Applicable 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 State of Delaware. To resolve any dispute, controversy or claim between them arising out of or relating to these Terms, 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 hereby (a) irrevocably and unconditionally agree to submit the respective claim to jurisdiction of the state courts of Delaware or to the jurisdiction of the United States District Court for the District of Delaware for the purpose of any suit, action or other proceeding arising out of or based upon these Terms, (b) agree not to commence any suit, action or other proceeding arising out of or based upon these Terms except in the state courts of Delaware or the United States District Court for the District of Delaware, and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these Terms or the subject matter hereof may not be enforced in or by such court. 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 proceeding 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.