Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions set forth herein, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
This site is owned and/or operated by AvatarTrader Inc., and its affiliated companies (collectively, the “Company”), and provides its services to you subject to the following conditions. If you visitor shop at www.AvatarTrader.com, you affirmatively accept the following conditions. Continued use of the site constitutes the affirmative agreement to these Terms and Conditions. The Company reserves the right to change the terms, conditions, and notices under which its websites and services are offered, including but not limited to the charges associated with the use of the Company’s websites and services. You are responsible for regularly reviewing these terms and conditions and any additional terms and conditions. Your continued use of the Company’s websites and services constitutes your agreement to all such terms, conditions, and notices (see TERMS & CONDITIONS and the PRIVACYPOLICY). Please read them carefully.
By visiting/using our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features, plugins or tools which are added to the current Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (with the exception of credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Site through which the service is provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
When you visit the Company’s websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you call the Company or when the Company calls you, the intent is for communication. You consent to receive communications from us. We may communicate with you by telephone or any other means. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement and are not violations of any law. You agree that all communications might be recorded and stored for security and customer service purposes.
All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by domestic and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and is protected by domestic and international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by domestic and international copyright laws.
LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited.
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 the Company and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You may not use any Company logos or other proprietary graphic or trademark as part of the link without express written permission.
You may not use our products or Services for any illegal, immoral or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, malware and/or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Company’s services only with involvement of a parent or guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
DESCRIPTION OF SITE AND SERVICES
Through this website, the Company provides you with access to a variety of resources, including the purchase and sale of virtual items and accounts. Such services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms and Conditions.
The Company may also provide links and pointers to Internet sites maintained by third-parties. Neither the Company, its parent or subsidiary companies, nor their affiliates operate or control in any respect any information, products or services on these third-party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The material in this site and the 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, the Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose.
The Company makes no representation or claims to any title for any accounts or virtual items purchased, sold, or traded through this site. The Company further makes no representations regarding the transferability, use, and ownership of any such accounts or virtual items. The Company is not affiliated with any publisher or developer of any game, including without limitation, Activizion Blizzard, Blizzard Entertainment, Battle.net, Sony Online Entertainment Inc., Sony Computer Entertainment America Inc., NCSoftCorporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm Entertainment Company Ltd., and Square Enix CO., LTD.
The Company and its affiliates attempt to be as accurate as possible in describing a product or service. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it within 24 hours of purchase.
All software and content on our Site, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by us or our software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The collection, arrangement and assembly of all content on the Site is our exclusive property and protected by applicable copyright laws.
We grant you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited, notwithstanding any exceptions described above. We expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to our, or any third party’s, intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of AvatarTrader and other parties. Use of the Site in no way grants any license or right to use any Trademarks displayed on the Site. We require prior written approval for the use of the Trademarks as part of a link to or from any website. We also require prior written approval to use the Trademarks in any form of advertising or any other public use.
SECTION 11 – DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information:
- 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 2) A description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located;
- 3) Your address, telephone number, and email address;
- 4) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 5) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of copyright infringement is:
3701 Arapahoe Ave #117
Boulder CO, 80303, United States
When you select Paypal as the payment method for your order during the payment process, you will be directed to PayPal website to make your payment. Shipping & Handling is included unless specified.
No person, employee, agent or entity affiliated in way to any game publisher or developer, including without limitation, 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., is authorized to use or access this site or to utilize the services provided herein.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify the Company and its affiliates for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our legal department (legal@Avatartrader.com)about making claims of copyright infringement.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL WE, OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, AGENTS, CONTRACTORS, SUBCONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site, any other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, the Site, any other website, or the Internet. We reserve the right to terminate your use of the Service, the Site or any related website for violating any of the prohibited uses.
You agree to indemnify and hold the Company and any of its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or any terms and conditions it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. We make no representation or warranty that product descriptions, third-party materials and/or information are appropriate or available for use in any particular jurisdiction. Use of the Site in any jurisdiction where all or any portion of the website might violate any legal requirements is prohibited and you agree not to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
You agree that these Terms of Service and your use of the Site will be governed by the laws of the State of Colorado. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Pueblo, Colorado, in all disputes (i) arising out of, relating to or concerning these Terms of Service, the Site and your use thereof; (ii) in which the Site and/or these Terms of Service are an issue or a material fact; or (iii) in which the Site or these Terms of Service are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or these Terms of Service.
Please review carefully as this section affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
Arbitration is final, binding and subject to limited review by a court. You agree that this arbitration section shall survive termination of these Terms of Service. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against us arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
You must first present any claim or dispute to us by contacting our technical support department to allow us the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a nationwide Arbitration organization. You and Company agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Pueblo, Colorado, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what these Terms of Service provide; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
Any arbitration shall be confidential, and neither you nor Us may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrator(s) shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by an arbitrator or court to be inapplicable or invalid, then the remainder shall be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and us. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
This Site may be accessed from countries other than the United States. This Site and the Service may contain products or references to products that are only available within the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
You agree that We may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that We will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
The failure of the Company to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the Company’s right subsequently to enforce and compel strict compliance with every provision of these Terms and Conditions.
You acknowledge that violation of these Terms and Conditions could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore, agree that the Company shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of these Terms and Conditions without the filing or posting of any bond or surety.
Furthermore, in the event a lawsuit or action is brought by any party under these Terms and Conditions to enforce any of its terms, it is agreed that if the Company shall be deemed to be the prevailing party as determined by final judgment, not subject to appeal, of a court of competent jurisdiction, the Company shall be entitled to recovery of reasonable attorney’s fees, expert fees, litigation expenses and court costs in addition to any other relief granted by the court.
LIMITATION OF LIABILITY
You hereby agree that, to the fullest extent permitted by law, Company’s total liability to You for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the services provided by Company or this Agreement from any cause or causes including but not limited to Company’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the total amount paid by You to Company
You hereby agree that, to the fullest extent permitted by law, Company shall not be liable to Owner for any special, indirect or consequential damages whatsoever, whether caused by Design Professional’s negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue.
If any term or provision in these Terms and Conditions is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of these Terms and Conditions, the remainder of these Terms and Conditions shall survive with the said offending provision eliminated.
COMPLIANCE WITH LEGAL REQUESTS
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to us through the Site may be subject to legal process (e.g., a subpoena) by Company or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that we will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that we may have no obligation to give you notice of any legal process that may result in any information related to your use of the Site being produced, discovered or otherwise disclosed.
Our performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of our right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by us with respect to such use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Us as a result of these Terms or your use of the Site.
MODIFICATIONS TO THE SERVICE AND PRICES
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace these Terms of Service, in whole or part, by posting updates and changes to our Site without notice to you. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Prices for our products and/or services are subject to change without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Any rights not expressly granted to you herein are reserved by and Company, its parents, affiliates, subsidiaries, licensors, and other third parties. The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision nor shall it constitute a waiver of any such future right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
A printed version of this Agreement and/or any notice given Company in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Company in printed form.
You may contact the Company by e-mail at support@AvatarTrader.com.