Terms and Conditions of BitSkins

These Terms govern

• the use of BitSkins, and,

• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.

BitSkins is provided by:

(i) the website owner and operator: BitSkins Limited, reg. no 2899468, Suite A 19/F Two Chinachem Plaza 68 Connaught, RD Central, HK (“BitSkins” or "Owner")

Owner contact email: support@bitskins.com

Information about BitSkins

This document, together with the FAQ and any other policies or guidelines posted on https://bitskins.com (the “Agreement”) is a contract between you (“you” or "User") and Bitskins concerning the conditions associated with your use of the website www.bitskins.com and of the services offered within such website for the sale of virtual goods for use within computer games ("the Website" or "Service"). Please read all of the following terms and conditions carefully before using the Website. By using or accessing the Website, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Website.

You need a supported Web browser to access the Website. You acknowledge and agree that BitSkins may cease to support a given Web browser and that your continuous use of the Website will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Website is incumbent on the performance of your computer equipment and your Internet connection.

You agree to sign on and register for the Website through your Steam account provided by the Valve Corporation. You are solely responsible for managing your account and password and for keeping your password confidential. You are also solely responsible for restricting access to your account. BitSkins is not affiliated in any way with Valve Corporation and its affiliates. You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party has access your password, use the Secure Access regeneration feature of the Website as soon as possible to obtain a new Secure Access token. In all circumstances, you agree not to permit any third party to use or access the Website. BitSkins may modify its functionalities and processes at its sole discretion. You will only make virtual items available for sale at the Website if you are the owner of these virtual items. BitSkins may, at its sole discretion, remove any item from the Website. You acknowledge and agree that the use of the Website may result in the purchase of virtual items that may be different from those that you have purchased from the Website. Such limitations are beyond BitSkins’ control. You will not engage in price-switching or price-baiting practices when using the Website, and such practices will result in an automatic termination of your account, without a right to reimbursement or retrieval of any virtual items.

BitSkins is a re-seller of virtual goods. Goods sold to, or purchased from, BitSkins are subject to the Steam platform's restrictions, and all users must abide by the restrictions imposed by the Steam platform. BitSkins is not liable for loss of funds or goods resulting from decisions made by third parties that provide services necessary for the operation of BitSkins.

As a condition to your use of the Website, you agree not to: (a) impersonate or misrepresent your affiliation with any person or entity; (b) access, tamper with, or use any non-public areas of the Website or BitSkins’ computer systems; (c) attempt to exploit any vulnerability of the Website or any related system or network or breach any security or authentication measures used in connection with the Website and such systems and networks; (d) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Website; (e) provide payment information belonging to a third party; (f) use the Website in an abusive way contrary to its intended use, to BitSkins’ policies and instructions and to any applicable law; (g) systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (h) make use of the Website in a manner contrary to the terms and conditions under which third parties provide facilities and technology necessary for the operation of the Website, such as ZEN, Valve or other third-party operator; (i) infringe third party intellectual property rights when using or accessing the Website, including but not limited to in making available virtual items by using the Website; (j) make use of, promote, link to or provide access to materials deemed by BitSkins at its sole discretion to be offensive or cause harm to BitSkins’ reputation, including, but not limited to, illegal content and pornographic content and content deemed offensive or injurious to BitSkins and/or the Website (such as Warez sites, IRC bots and bittorent sites).

BitSkins grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Website for your own personal purposes as an individual consumer. BitSkins will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. BitSkins may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although BitSkins has no obligation to monitor your access to or use of the Website, it has the right to do so for the purpose of operating the Website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: • disputes between Users, or any other person or entity, • the Products’ use, including, without limitation, any and all claims that such use violates any of Seller’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity, or • Users’ activity on this Website, including, but not limited to, Users’ legal capacity, ability to complete a transaction, or pay the associated costs. User acknowledges and agrees that the Owner has no control over, and shall have no liability for any damages resulting from, the use or misuse by any other person or entity of any Products. If the Owner becomes aware of any Products that allegedly may not conform to the Terms, the Owner may investigate the allegation and determine in its sole discretion whether to take action in accordance with the Terms. The Owner has no liability or responsibility to Users for performance or nonperformance of such activities. The Owner has the absolute right to remove and/or delete without notice any Products within its control that it deems objectionable. Users consent to such removal and/or deletion and waive any claim against the Owner for such removal and/or deletion. The Owner is not responsible or liable for failure to store posted content or other materials Users may transmit through this Website. Users shall take measures to preserve copies of any data, material, content or information such User posts on this Website. Any identity verification methods the Owner employs is strictly on a best efforts basis and shall not be relied upon by Users.

Account registration To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website. By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions. • Accounts registered by bots or any other automated methods are not permitted. • Unless otherwise specified, each User must register only one account. • Unless explicitly permitted, a User account may not be shared with other persons.

Additionally, the rights pertaining to a given BitSkins account belong to the Steam account that owns the BitSkins account, and one Steam account may only be used to create a single BitSkins account.

Fees and Payment BitSkins may charge all applicable fees on deposits, withdrawals, sales, and/or purchases associated with your BitSkins account. You are responsible for providing BitSkins valid information for making and receiving payments. You may modify this information by making a request via the “Contact Us” functionality available at https://bitskins.com/contact. You must submit a support ticket/request with your new account information if this information changes. BitSkins accepts no liability to complete any transaction which cannot be cleared by our payment processors, whether because there are no sufficient funds available on your credit card, issues related to identity or localization or otherwise. BitSkins reserves its right to verify and approve any and all transactions made by you when using the Service. You expressly acknowledge and agree that such verifications may require you to provide BitSkins with additional personal information in order to verify and confirm your identity and to perform verifications aimed to deter fraud and misuse of the Service. BitSkins may suspend your account and contact you so you can provide BitSkins with additional information required to process payments. Such suspension shall not relieve you from your obligation to pay any fees owed to BitSkins. All monies stipulated in this Agreement and in the Service are expressed in US dollars and include all applicable taxes. For the purpose of settlements with Users, it is hereby stated that no fee specified in these Terms, or any other dedicated sections on the Website, including but not limited to sales fee, can be lower than $0.01 and this is the minimum fee amount that User shall be charged irrespective of any other fee calculation conditions, unless expressly indicated in the Terms for a higher amount. All virtual items that you make available to the Service are made available for a final, non-refundable purchase by you to the Service. Your payments may be delayed while BitSkins validates your compliance with this Agreement. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of virtual items, including, but not limited to, an utilized payment processor's “Claims and Dispute” mechanism. The first instance of initiating such a claim and dispute procedure may result in a permanent suspension of their account for use of the Service. Any other instance of initiation of a claim and dispute procedure will result in automatic termination of your account(s). You will exclusively submit any disagreement, dispute, complaint or query by means of the “Contact Us” functionality available at https://bitskins.com/contact. All other media or sources (including Reddit, email, group pages and the like) do not constitute a valid means to engage with BitSkins for support. Any refunds for use of the Service shall be at BitSkins’ sole and exclusive discretion, and only provided on an exceptional basis.

Account termination Users can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined in the relevant section of this Website. User may cancel their individual account at any time by making a request via the "Contact Us" feature.

Account suspension and deletion The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion and without notice any time Users are not complying with the present Agreement, or using the Service in a manner that would cause BitSkins legal liability, disrupt the Service or disrupt others' use of the Service, and in the following cases: User has violated these Terms; and/or User's access or use of this Website may cause injury to the Owner, other Users or third parties; and/or the use of this Website by the User may cause violation of law or regulations; and/or in case of an investigation by legal action or governmental involvement; and/or the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms; and/or in case of account inactivity. Any suspension, deletion or termination of User account based on the Agreement shall not entitle User to any claims for compensation, damages, reimbursement or refund and is made without any liability or further BitSkins obligation of any kind whatsoever to the User or any other party and without any refunds. The suspension or deletion of the User account due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Account activity rules To keep Website and database secure and going, as well as in order to meet the legal requirements, particularly to ensure compliance with AML (Anti-money laundering) regulations and excluding accounts created or operated by bots, BitSkins applies ongoing preventive and maintenance measures and account activity checks on a daily basis, which means BitSkins reserves the right to ongoing verification of account activity and is entitled to check users accounts activity, charged inactivity fees and deactivate and terminate long inactive accounts in the following cases. Inactivity fees BitSkins shall charge an inactivity fee in case the User has not logged into his BitSkins account for 6 consecutive months. The fee is: - $1 per month - in case User has no skins on the account and - 0.1% of the value of skins deposited in the account, not less than $2, per month - in case User has no skins on the account. The fee is taken for every month from the User’s Bitskins balance. If the account remains inactive and there are no funds on the balance, the account may be deactivated and the Agreement terminated without any further notice. Suspension and termination of inactive accounts Regardless of the inactivity fee, if the User is not actively using the Website for a long time, which means he is not logging into BitSkins account for at least 18 consecutive months - BitSkins may suspend the User's account. In that case the User may, within next 6 months from the date of account suspension, send BitSkins a request to unsuspend his account using the contact form on the Website or via email (from the email address linked to the given BitSkins account). If such User still does not use the account and does not send the request within the above period, BitSkins may permanently terminate User’s account. If your BitSkins account is terminated or suspended by BitSkins due to inactivity any balance may be forfeited.

Discontinuation of the Service BitSkins reserves the right to temporarily or permanently discontinue the Service at any time. BitSkins will deploy commercially reasonable efforts to notify you of such discontinuation, for example, by posting updates and notices on various social media. If you breach this Agreement, BitSkins will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.

Rights regarding content on this Website - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge. Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities: • violate laws, regulations and/or these Terms; • infringe any third-party rights; • considerably impair the Owner’s legitimate interests; • offend the Owner or any third party.

Software license Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Website are held by the Owner and/or its licensors. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Website and the Service offered. This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

General Disclaimer of Warranty and Limitation of Liability TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BITSKINS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. BITSKINS PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. YOU USE THE SERVICE AT YOUR OWN RISK, AND THE SERVICE MAY BE TERMINATED AT ANY TIME BY BITSKINS OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION. BITSKINS DOES NOT ENCOURAGE, CONDONE OR PROMOTE THE COMMERCIAL USE OF THE SERVICE. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BITSKINS’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BITSKINS AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF BITSKINS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT BITSKINS IS FOUND LIABLE TO PAY YOU ANY DAMAGES, BITSKINS’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

Disclaimer of Warranties No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for: • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein; • any errors, mistakes, or inaccuracies of content; • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service; • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein; • any interruption or cessation of transmission to or from the Service; • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from • User’s use of and access to the Service, including any data or content transmitted or received by User; • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms; • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; • User’s violation of any statutory law, rule, or regulation; • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; • User’s willful misconduct; or • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

When you use external services provided by third-party operators (hereinafter referred to as the “services provider") to make a purchase on our website, the services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between service provider and customers who utilize services are governed by separate agreements which can be found on the third-party operator’s website and are not subject to the Terms on this website. Where possible, we will work with you and/or any user selling on our website, to resolve any disputes arising from your purchase.

User is responsible for any fees, taxes or other costs associated with the payments, sales, purchase and delivery of items resulting from applicable law regulations, as well as from charges imposed by your relationship with payment services providers. User is responsible for identification and payment of all taxes and other charges that are imposed on him upon or with respect to the payments, sales, purchase and delivery and for any formal duties or taxes imposed by his local customs officials or other regulatory body and resulting from applicable law.

Gift Cards BitSkins can create and sell Gift Cards. Gift Cards may only be used for purchases and balance top up on bitskins.com. Using BitSkins Gift Cards for trade is strictly forbidden. Bitskins will only accept the Gift Cards bought directly from the Owner or officially and formally affiliated third-parties. The only Gift Cards to be honored on www.bitskins.com must come from offers listed on official BitSkins accounts on Kinguin.net. BitSkins may refuse to accept any Gift Cards originating from resale, including in particular those purchased otherwise than indicated above. Gift Cards are not refundable or redeemable.

What the User should know at a glance

• The Service/BitSkins is only intended for Consumers.

• Usage of BitSkins and the Service is age-restricted, as detailed in the relevant section of this document.

How BitSkins works

By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:

• disputes between Users, or any other person or entity,

• the Products’ use, including, without limitation, any and all claims that such use violates any of Seller’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity, or

• Users’ activity on BitSkins, including, but not limited to, Users’ legal capacity, ability to complete a transaction, or pay the associated costs. User acknowledges and agrees that the Owner has no control over, and shall have no liability for any damages resulting from, the use or misuse by any other person or entity of any Products. If the Owner becomes aware of any Products that allegedly may not conform to the Terms, the Owner may investigate the allegation and determine in its sole discretion whether to take action in accordance with the Terms. The Owner has no liability or responsibility to Users for performance or nonperformance of such activities. The Owner has the absolute right to remove and/or delete without notice any Products within its control that it deems objectionable. Users consent to such removal and/or deletion and waive any claim against the Owner for such removal and/or deletion. The Owner is not responsible or liable for failure to store posted content or other materials Users may transmit through BitSkins. Users shall take measures to preserve copies of any data, material, content or information such User posts on BitSkins. Any identity verification methods the Owner employs is strictly on a best efforts basis and shall not be relied upon by Users.

Without prejudice to its role as a mere technical intermediary as described above, the Owner may provide additional services to either party of such interaction, such as providing packaging, shipping or facilitating dispute resolution.

BitSkins merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.

These Terms only apply to the described usage of BitSkins as a platform.
Terms, conditions and any other provision applying specifically to transactions between Buyers and Sellers are specified by each Seller.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using BitSkins.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using BitSkins, Users confirm to meet the following requirements:

• Users must qualify as Consumers;

• Users must be older than 18;

Content on BitSkins

Unless where otherwise specified or clearly recognizable, all content available on BitSkins is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on BitSkins infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Access to external resources

Through BitSkins Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

BitSkins and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of BitSkins and/or the Service violates no applicable law, regulations or third-party rights.

API usage terms

Users may access their data relating to BitSkins via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses BitSkins, is bound by these Terms and, in addition, by the following specific terms:

• the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on BitSkins, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of BitSkins.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of BitSkins and are subject to change without notice.

While Products on BitSkins are presented with the greatest accuracy technically possible, representation on BitSkins through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on BitSkins are displayed:

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of BitSkins.

All payments are independently processed through third-party services. Therefore, BitSkins does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of BitSkins to learn more about the data processing and Users’ rights regarding their data.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Virtual Currency for exclusive use inside BitSkins

On BitSkins certain payments may be made using a Virtual Currency. Unless otherwise stated, such Virtual Currency is not tradable, exchangeable or redeemable against any traditional currency, any other open digital currency, goods or any other values.

By purchasing Virtual Currency, Users acknowledge and understand that it may only be used within BitSkins for the purposes expressly authorized by the Owner within the framework of its Services. Users also acknowledge and agree that they may not transfer, purchase, sell, or exchange such Virtual Currency outside of the Service.

Accordingly, Users may not sublicense, trade, sell or attempt to sell Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of the dedicated offering provided by the Owner through BitSkins. Any such prohibited use or transaction shall be considered null and void and could result in legal action being taken against the User.

In case of contract or account termination for any cause attributable to the User, any and all unused Virtual Currency shall be forfeited and no refund shall be granted.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Unless otherwise stated, digital content purchased on BitSkins is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over BitSkins due to the nature of its offering.

Liability and indemnification

EU Users

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in BitSkins.

The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of BitSkins and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their personal data, Users may refer to the privacy policy of BitSkins.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to BitSkins are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with BitSkins are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms.
If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of BitSkins must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

This Agreement shall continue in effect until it is terminated by either BitSkins or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of licenses under these Terms shall survive indefinitely;

• the User’s indemnification obligations shall survive for a period of five years from the date of termination;

• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of BitSkins or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

The Owner does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.

Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before

• any mediation body approved by the French government. The relevant list is available at the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.

Definitions and legal references

BitSkins (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Buyer

Indicates any User who buys goods or services from Sellers through BitSkins, regardless of whether or not the actual transaction takes place through BitSkins.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Owner (or We)

Indicates the natural person(s) or legal entity that provides BitSkins and/or the Service to Users.

Product

A good or service available through BitSkins, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.

Seller

Indicates any User who sells goods or services to Buyers through BitSkins, regardless of whether or not the actual transaction takes place through BitSkins.

Service

The service provided by BitSkins as described in these Terms and on BitSkins.

Terms

All provisions applicable to the use of BitSkins and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using BitSkins.

Virtual Currency

A non-monetary asset by which Users may purchase specific Products offered on BitSkins under the conditions specified by the Owner. Such assets can be manifested by codes, tokens, digital images etc.

Consumer

Consumer is any User qualifying as such under applicable law.

Latest update: October 01, 2024