Website Terms and Conditions
If you visit our website, you affirmatively accept the following conditions. We reserve the right to change the terms, conditions, and notices under which our websites and services are offered, including but not limited to the charges associated with the use of our websites and services. The included terms and agreement are subject to change at any time. While we may provide notice of changes that occur, this is no way constitutes an obligation on our part. It is your obligation to read these terms thoroughly, carefully, and regularly to become aware of such changes as may occur. If you do not agree to such changes, you may delete your account at any time. Your continued use of our websites and services constitutes your agreement to all such terms, conditions, and notices. All terms are defined within the agreement or within the definitions section. PLEASE READ EVERYTHING HEREIN CAREFULLY.
TERMS AND CONDITIONS
I. Description of Site and Services
The material in this site and any third-party sites are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to the applicable law, we disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose.
We make no representation or claims to any title for any accounts or virtual items purchased or sold through this site. We further makes no representations regarding the transferability, use, and ownership of any such accounts or virtual items. We are in no way affiliated with any publisher or developer of any game, including but not limited to: Blizzard Entertainment, Battle.net, Sony Online Entertainment Inc., Sony Computer Entertainment America Inc., NCSoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm Entertainment Company Ltd., and Square Enix CO., LTD.
II. Buy Sell Agreement
II(1). Buy Agreement
You agree that you will not voluntarily or involuntarily attempt to recover funds without written approval from us. If you attempt to recover funds after the payment to us has been completed, you are obligated to return all funds initially issued by us. If you fail to agree to these above conditions set forth by us, you agree that you will be liable for costs and damages incurred by the company as a result of your actions, including the funds issued to us on the original payment, any collections, court, attorney, or other miscellaneous fees, and any and all other damages including but not limited to purchasing or transferring of the original product, cost of the product, and any additional expenses which were accumulated during your transaction.
II(2). Sell Agreement
You agree that you are entering a contract with our company to sell and transfer exclusive lifetime access rights to the Video Game Asset and Product Data in your possession for the price quoted to you upon execution of submitting your information to our website. Upon agreement to these terms, you will be permanently transferring any and all access rights to your Video Game Asset and Product Data to our company.
You hereby guarantee that you have never shared or provided other parties with the Video Game Asset and Product Data information. This includes user name, password, secret question, secret answer, or any information relevant or required to gain access to the Video Game Asset or Product Data. You agree that at no time will you voluntarily or involuntarily attempt to regain access or assist others to regain access to the Video Game Asset or Product Data
You agree that we have the right to cancel, void, suspend, or ban any type of sell agreement between each party if they feel a Security Risk is involved in purchasing your Video Game Asset or Product Data. Failure to take action during a transaction does not constitute a waiver of this right and we may take such actions after transfer has occurred.
You agree that if the Video Game Asset or Product Data is retrieved, recovered, recalled, suspended, banned, the password or data account information is changed, or there is alteration to any information or data related to the Video Game Asset or Product Data, that you will be held responsible for returning the product data to it's original status for the lifetime duration of the Video Game Asset or Product Data. You agree that you are responsible for a duration of 10 years upon execution of this agreement that you will assist us if Company informs you that the Video Game Asset or Product Data has been retrieved, recover, recall, suspend, ban, change the password or data account information. You agree that Company can require at anytime upon execution of this agreement that you must assist at resolving any issue with the Video Game Asset or Product Data
If you fail to comply with the sell agreement, you agree that you will return the funds provided to you in the transaction along with any funds we had to provide to the customer that may have purchased this product data, any resulting collections and court fees, and damages done during the time in which the data product was transferred over to our company. You agree that if you recover or have any information that would involve the Video Game Asset or Product Data (including means of third party involvement) you will return the Video Game Asset or Product Data subject to all conditions above within 5 business days of the time you receive this Video Game Asset or Product Data information.
III. Electronic Communications
IV. License and Site Access
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
V(2).We respect the intellectual property of others. If you believe that your work has been used in a way that constitutes copyright infringement, please contact our legal department.
VI. Product Descriptions
VII(2). We reserve the right to suspend or remove user accounts at any time. Upon request, you may receive a written explanation for why your account has been suspended or removed.
VII(3). You may not interfere with our site, including, but not limited to, attempting to disrupt sales, hacking, posting false or misleading information, or other activities which would impair site operations.
VII(4). You will not use our site as a basis for outside dealings of any kind, including but not limited to dealings in Video Game Assets, Program Data, or account dealings of any kind.
VIII(2). You will not publish your contact information or others' contact information anywhere on our site excepting designated areas in which we explicitly require it.
VIII(3). Your user name must be follow all the rules for conduct contained in this Agreement.
VIII(4). Your personal information will be kept in strictest confidence and only used for purposes of transacting business with us. We will not sell your personal information to third parties.
IX. Restricted Users
IX(2). You may not open a new account if your account is suspended without our expressed written permission. Doing so will be an immediate breach of the user agreement and you will be liable for any resulting damage.
X. Non-Disclosure Clause
X(1). Reviews, Comments, Communications, and Other Content
X(2). Damaging Communications
X(4). Policing of Content
X(5). Duty of Care
X(7). Return of MaterialsAny materials or documents that have been furnished by us to you in connection with the subject of this agreement will be promptly returned by you, accompanied by all copies of such documentation or certification of the destruction of such documentation, within (10) days after (i) the relationship between us and yourself has been terminated or (ii) on receipt of written request from us.
X(8). Protective, Gag, Cease and Desist, and Restraining Orders
X(9). ReliefYou hereby understand and agree that violation of this Non-Disclosure Agreement creates a substantial likelihood of irreparable damage to us and we are thereby entitled to injunctive relief to prevent the possibility of such harm occurring. Additionally, the aggrieved party is entitled to compensatory damages and reasonable attorneys' fees arising from obtaining such injunctive or compensatory relief. This relief in no way constitutes a full remedy unless expressly stated so by the parties.
XII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E- MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
A). All parties have entered into a written agreement authorizing the disbursement of any or all such sums being so held into escrow; or
B). A court of competent jurisdiction enters a final judgment that determines to whom said items should be disbursed or released; or
C). An arbitrator enters a valid and binding final judgment determining to whom said items should be disbursed or released.
You agree that you shall bear your respective attorneys fees arising out, or related to, any dispute that leads to items put into an escrow or trust account in accordance with this section.
The parties may elect to resolve any claim through final and binding arbitration unless otherwise denoted above. Either party may require the other to conduct arbitration through written notice of such a demand, including after the initial filing of a claim in a court of law. If a request is made after a claim has been initially filed with a court of law, the party filing must withdraw said claim from the court. If arbitration is chosen, the parties hereby agree to final and binding arbitration conducted under the American Arbitration Association (AAA) rules utilizing a single arbitrator chosen by the AAA. Any arbitral hearings will be considered conducted and seated in the state of Delaware in the United States utilizing Delaware State law. All arbitral proceedings are subject to full nondisclosure of any details of or the existence of the dispute. Such disclosure may only be conducted with the written consent of the parties. No arbitral proceeding for less than $10,000 USD in claims will take more than two hearings to resolve unless the arbitrator finds extenuating circumstances prescribe otherwise. Such proceedings may be conducted remotely via phone or online. All proceedings must be concluded within 90 days. Arbitral awards will be entered with a court of competent jurisdiction and fully enforced. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
XVII(3). Contrary Claims
If a claim is filed with any court of law despite a request for arbitration, and the party filing the claim fails to withdraw the claim after a written request from the opposing party for that withdrawal, the party requesting arbitration may recover attorneys' fees and costs up to $1000.
For purposes of this agreement, the following terms shall be construed as follows:
“Agreement” means this document in its entirety.
“We”, “us”, “our” and all other first person pronouns and the like refer to S3, Inc. All references to “you” “your” and all other second person pronouns refer to any users, buyers, sellers, or other third parties accessing or using any of S3's websites, intellectual property, or other services.
“Consent” means explicit, full agreement given in writing by the company officers or attorneys.
(4) Confidential Information
“Confidential Information” means any information, technical data, or know-how,including but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances of ours, or any information created or revealed in preparing such Confidential Information. Confidential Information includes information that is not in writing, and any information given through conversation, discussion, or explanation. Confidential Information does not include information, technical data or know how which (i) is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure, or (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature other than as a result of any improper inaction or action of the Recipient or, (iii) is approved by our officers, in writing, for release.
(5) Defamatory and Privacy Torts
"Defamatory and Privacy Torts" includes publishing a untrue and harmful statements about us or its affiliates or employees.
(6) Publish, Publishing, or Publication
"Publish, Publishing, or Publication" means DISCLOSURE TO ANY THIRD PARTY by issuing, revealing, divulging, or posting matter for sale or disruption. This includes digital communications such as posting in web forums, chat messaging programs or chat rooms such as IRC discussions.
(7) Protective Order
"Protective Order" (also known as a gag or suppression order) means a legal court order that prevents the disclosure of sensitive information and is intended to protect us from harm or harassment.
(8) Restraining Order
"Restraining Order" means a legally binding order that prevents a party or individual from either engaging in, continuing, or stopping an activity described in its contents. Such an order is intended to protect us from further harm or harassment and carries significant consequences for its breach.
“Cease and Desist Order” means any legal documentation, order or injunction intended to stop a party from engaging in an activity they are currently undertaking or may begin in the future. This includes temporary injunctions, permanent injunctions, and prior restraints.
"Video Game Asset" means virtual property within video games, virtual worlds, and social sites including but not limited to: characters, accounts, inventory, items, in-game currency, funds, and all other virtual property linked to gaming systems.
"Product Data" means data which includes the account and password used to access the video game asset or other data.
"Security Risk" means that the Video Game Asset or Product Data which we are set to acquire has a risk of breaching our sell agreement.
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