TERMS OF USE

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”) and BitSkins, Inc., a Delaware C Corporation, having its principal place of business at 50 California St Suite 1500, San Francisco, CA, USA 94111 (“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 “Service”). Please read all of the following terms and conditions carefully before using the Service. By using or accessing the Service, 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 Service.

Conditions relating to use of the Service

No individual under the age of eighteen (18) may use the Service, regardless of any consent from your parent or guardian to use the Service.

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

You agree to sign on and register for the Services 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 Service 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 Service.

The Service purchases items when necessary from sellers, and re-sells to buyers as necessary. BitSkins may modify these functionalities and processes at its sole discretion. You will only make virtual items available for sale to the Service if you are the owner of these virtual items. BitSkins may, at its sole discretion, remove any item from the Service. You acknowledge and agree that the use of the Service may result in the purchase of virtual items that may be different from those that you have purchased from the Service. Such limitations are beyond BitSkins’ control. You will not engage in price-switching or price-baiting practices when using the Service, and such practices will result in an automatic termination of your account, without a right to reimbursement or retrieval of any virtual items.

As a condition to your use of the Service, 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 Service or BitSkins’ computer systems; (c) attempt to exploit any vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service 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 Service; (e) provide payment information belonging to a third party; (f) use the Service 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 Service 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 Service in a manner contrary to the terms and conditions under which third parties provide facilities and technology necessary for the operation of the Service, such as Braintree, G2A Pay, Paypal or Valve; (i) infringe third party intellectual property rights when using or accessing the Service, including but not limited to in making available virtual items by using the Service; and (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 Service (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 Service 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 Service, it has the right to do so for the purpose of operating the Service, 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.

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.

All virtual items that you make available via the Service are made available for a final, non-refundable purchase to the Service. Making or receiving payments on the Service 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, a utilized payment processor's “Claims and Dispute” mechanism. The first instance of initiating such a claim and dispute procedure may result in a permanment 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.

Termination

You may cancel your individual account at any time by making a request via the "Contact Us" feature. BitSkins also reserves the right to suspend or end the Service at any time at its discretion and without notice. For example, BitSkins may suspend or terminate your use of the Service if you are not complying with the present Agreement, or use the Service in a manner that would cause BitSkins legal liability, disrupt the Service or disrupt others' use 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.

Proprietary Rights

All right, title, and interest in and to the Service are and will remain the exclusive property of the Service and third-parties providing facilities and technology for its operation. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

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.

Indemnification

You agree to defend, indemnify, and hold harmless BitSkins, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.

Amendments

BitSkins may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in BitSkins’ obligations, give you the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity by sending BitSkins a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you. Refusing an amendment entails the termination of this Agreement, the automatic deactivation of your account and denial of access to the Service.

General Provisions

This Agreement shall be governed by and construed by the laws of the State of California, USA and the laws of California applicable to contracts between San Francisco residents and to be performed in San Francisco. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of San Francisco, California. This Agreement is the entire and exclusive agreement between BitSkins and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between BitSkins and you regarding the Service. If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of BitSkins which consent is within BitSkins’ sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. BitSkins shall be allowed to assign this Agreement to any third party without requiring your consent.

Nothing in this Agreement shall constitute a partnership or joint venture between you and BitSkins.

Contact

If you have any concern, question or complaint regarding this Agreement, please contact BitSkins at:

support@bitskins.com

Additional Terms and Conditions; EULAs

When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the "G2A Pay services provider") to make a purchase on our website, responsibility over your purchase will first be transferred to G2A.COM Limited before it is delivered to you. G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements and are not subject to the Terms on this website.

With respect to customers making purchases through G2A Pay services provider checkout, (i) the Privacy Policy of G2A Pay services provider shall apply to all payments and should be reviewed before making any purchase, and (ii) the G2A Pay services provider Refund Policy shall apply to all payments unless notice is expressly provided by the relevant supplier to buyers in advance. In addition the purchase of certain products may also require shoppers to agree to one or more End-User License Agreements (or "EULAs") that may include additional terms set by the product supplier rather than by Us or G2A Pay services provider. You will be bound by any EULA that you agree to.

We and/or entities that sell products on our website by using G2A Pay services are primarily responsible for warranty, maintenance, technical or product support services for those Products. We and/or entities that sell products on our website are primarily responsible to users for any liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer. G2A Pay services provider is primarily responsible for facilitating your payment.

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.

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. Steam accounts used at BitSkins may be owned by individuals, groups, or organizations, or any combination thereof. Individuals, groups, or organizations may choose to create multiple BitSkins accounts at their own discretion.

Questions related to payments made through G2A Pay services provider payment should be addressed to support@g2a.com.

Where possible, we will work with you and/or any user selling on the Service, to resolve any disputes arising from your purchase.

For customer service inquiries or disputes, You may contact us by email at support@bitskins.com.

This document was last updated on November 18, 2017.