SECTION 1. DEFINITIONS. TERMS & CONDITIONS ACCEPTANCE
1.1. Herein the following definitions are used:
"https://SkinCashier.com", “SkinCashier” or the "Company" or the "Website Owner" or "We" or "Us"or "Our"– means Virtualis LLC, 501 SILVERSIDE RD STE 105, 19809 Wilmington USA.
- "You" or "User" means a person, who uses the Website;
- "Website" means the website https://SkinCashier.com;
- "Services" means services provided by the Company through the Website.
1.3. You must carefully read and comply with these Terms.
1.4. By using the Website, You are confirming that You have fully read, understood and irrevocably accepted these Terms. If You do not agree with these Terms in general or any part of them, You are not permitted to use the Website and any associated Services.
SECTION 2. GENERAL PROVISIONS
2.1. These Terms and any accompanying documents are effective and binding on You whenever You use the Website.
2.2. You acknowledge and accept that these Terms and any accompanying documents and/or the Website are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at SkinCashier sole discretion. Your continued use of the Website after any amendments or alterations of these Terms, any accompanying documents and/or the Website shall constitute Your consent and acceptance of any such changes, modifications, amendments, alterations or supplements. The date of the most recent amendments and alterations will be indicated at the top of these Terms.
2.3. You acknowledge and accept that the Website Owner reserves the right at any time, in its sole and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website for any reason.
2.4. By using the Website, You covenant, represent, and warrant that (under the Applicable Law and law of Your country of residence):
2.4.1 You are of an age of majority in the jurisdiction where You are a resident (at least 18 years of age), and are fully able and legally competent to use the Website, and in doing so will not violate any other agreement to which You are a party;
2.4.2 You have all necessary and relevant experience and knowledge to deal with digital items, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with digital assets (including their purchase, sale and use), as well as the necessary and relevant expertise and knowledge to purchase, use and manage them, and are solely responsible for any evaluations based on such knowledge;
2.4.3 if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to act on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms;
2.4.4 You will not use the Website for any illegal activity and You are not engaged in any illegal activity;
2.4.5 You solely control Your credentials (email address, password or other information provided for the purpose of the Website use) and do not act on behalf of any third party.
2.5. The pages of the Website may contain services of the Company’s partners, vendors,game developers, etc. and/or links to third-party websites and services. Such links are provided for Your convenience, but the Website Owner shall not be considered to make any recommendation or endorsement of any third party website or its content, unless expressly stated by the Website Owner. The Website Owner does not guarantee or otherwise suggest or imply the safety of any third party website or the conformity of any such third party website with Your expectations. Furthermore, the Website Owner is not responsible for maintaining any materials referenced from another site, and makes no warranties, recommendation or endorsement for that site or respective service. The Website Owner assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources. Please also note that these services may have their own policies. We do not accept any responsibility or liability for these policies. Please check policies of such services before using these services.
SECTION 3. USER’S WEBSITE LOGIN
3.3. SkinCashier reserves its right to prohibit without any compensations or explanations access to the Website and/or Service of any residents (a) from a country or territory that is the target of United States economic or trade sanctions, as defined at https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx; (b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons (https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx), the U.S. Commerce Department’s Denied Person List (https://www.bis.doc.gov/index.php/the-denied-persons-list), the EU Consolidated List of Persons, or similar lists of sanctioned persons (https://eeas.europa.eu/headquarters/headquarters-homepage_en/8442/Consolidated%20list%20of%20sanctions); (c) acting for or on behalf of any person on the above-identified lists or the government of a country or territory that is the target of United States economic or trade sanctions; (d) being subject to any other UN-, US-, EU-, CH- or any other sovereign country sanctions or embargoes or have any other affiliation to such sanctions.
3.4. You hereby expressly consent that You are solely responsible for the use of Your login and password for Steam account, for any registration data provided, and for any actions done during any use of the Website. You agree to keep Your credentials private and to immediately notify the Website Owner of any unauthorized account activity. You may be aware of and modify Your login information respectively. You are solely responsible for any loss or damage You or the Website Owner may suffer as a result of Your failure to do so.
3.5. We may terminate Your use of the Website or freeze any transactions on the Website at any time if You violate these Terms or any other SkinCashier policies, at Our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to You or any other party, when we find such measures reasonable and/or necessary in a particular situation, without any refunds.
3.6. By login to the Website You also consent to receive electronic communications from Website Owner (e.g., via email). These communications may include notices about Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from Us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information We think will be of interest to You. You may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions.
3.7. SkinCashier is not affiliated in any way with Valve Corporation or Valve S.a.r.l. (individually and collectively referred to as "Valve"), being owners of Steam, and any of its affiliates. You agree that the terms of any respective Steam subscriber agreements or terms and conditions shall apply to You in all respects. Any warranties, rights, obligations or other contractual relationship that You have with respect to your Steam account and Valve shall remain consistent with, but in addition to these Terms..
SECTION 4. TRANSACTIONS PROCESSING
4.1. To perform a successful transaction You should apply to the following rules:
4.1.1 Steam Mobile was installed for at least 7 (seven) days before performing transactions with the Company to confirm the status of in-game content transaction;
4.1.2 Steam Guard was activated on the current device for at least 15 (fifteen) days before performing transactions with the Company;
4.1.3 Steam password was not changed for at least 5 (five) days before performing transactions with the Company. If your Steam account was inactive for the last two months, the Steam password should not be changed for the last 30 (thirty) days before committing transactions with the Company;
4.1.4 The device with previously installed Steam application was not changed for at least 7 (seven) days before performing transactions with the Company.
4.1.5 If any of the conditions listed above is not fulfilled by You, the Company has the right to cancel transaction with or without any compensation.
4.2. The deal cannot be cancelled by You on any step after the confirmation in the Steam system. The deal can be cancelled unilaterally by the Company on any step based on the support expertise of the Company without further explanations. The Company undertakes to pay the exact amount stated in the email to the payment account chosen by You. If the Company is unable to do so for any reason, the Company may ask You to provide the alternative payment account. If You cannot provide the Company with the alternative payment information for any reason, the Company is entitled to return You items on its consideration. The items are no longer refundable if the Company has already performed a payout on the payment account provided by You.
4.3. If you are dissatisfied with the transactions with the Company on some issues, You can notify the Company via Live Support system or email. We will examine Your complaint and inform You as soon as possible.
4.4. You cannot use the PayPal Resolution Centre to file a non-receipt debate on the payment, as it is prohibited in case of virtual goods transactions. You lose the right of protection given by the third party payment processors as it is impossible to control the delivery status of virtual services and goods. The Company uses its trade history to confirm the transaction. If the transaction is completed in the trade history, it means it is posed to Steam’s servers and is completed. We cannot help with further complaints if the transaction is completed in Our trade history.
4.5. In case the transaction has failed, and the money was not received, You have up to 14 (fourteen) days to contact Our support team on this issue. After this period the complaints will not be accepted.
4.6. Your money will be transferred immediately after the trade. But please keep in mind that in rare cases when transferring funds to a debit card, the operation can fall under Your bank's security check. This safety procedure may take up to 5 (five) days. There's no way for Our Service to control this process.
4.7. SkinCashier is entitled to use third-party payment service processors for purchase and sale of virtual items by Users. The respective third-party payment processor is primarily responsible for facilitating payment of User’s transactions. When You use any third-party payment processor ("Payment processor") to make a purchase or sale of items on the Website, responsibility over Your transaction will first be transferred to the respective Payment processor before it is delivered to You. The Payment processor assumes primary responsibility for payment and payment-related customer support. The terms between the Payment processor and Users who utilize the services offered by the Payment processor are governed by separate agreements and are not subject to the Terms on this Website.
4.9. You are responsible for payment of any fees, taxes or other costs, associated with the conduction of transactions with Payment processors or the duties and taxes imposed by Your local authorities. The respective charged amounts shall be indicated on the respective payment page of Payment processor.
4.10. The list of available Payment processors shall be solely defined by SkinCashier and indicated on the Website.
4.11. Any User demanding settlement through one of the Payment processors agrees thereby for the payment to be made through the websites of such Payment processors covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites of Payment processors. To the extent permitted by law, SkinCashier shall not be liable against the Users for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User shall contact the applicable Payment processor's site in accordance with that website’s terms and conditions.
4.12. For the purpose of duly transactions performance on the Website the Users might be required to provide their personal and payment processing data (such as name, surname, address, copies of ID cards or other identifying documents, residence place confirmation documents, credit card identification data) to the Payment processors, including the consent for processing these data by the payment services in order to carry out the requested transactions.
4.13. Any fees and transaction commissions paid by the Users are non-returnable. Due to the commission being non-returnable, a User is not entitled to claim any compensation from SkinCashier.
4.16. The payment transactions may be delayed while the Payment processor validates Your compliance with these Terms and other applicable policies. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of virtual items.
4.17. SkinCashier and/or respective Payment processors are entitled to set forth the maximum daily transactions limitations on the Website due to regulatory issues. By using the Website You expressly agree with such limitations.
4.18. When dealing with Payment processors SkinCashier shall act in full compliance with respective legal requirements of Payment processors’ country of residence or operations (including, in compliance with legislation of EU-member countries).
4.19. SkinCashier does not provide any crypto-fiat, fiat-crypto or any other exchange services and does not act as such exchange.
SECTION 5. INDEMNIFICATION
5.1. To the extent permitted by Applicable Law, You shall indemnify, defend, and hold the Website Owner and/or its subsidiaries, Affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Website Owner arising out of a breach of any warranty, representation, or obligation hereunder.
5.2. You shall not have any claim of any nature whatsoever against the Website Owner for any failure by the Website Owner to carry out any of its obligations under these Terms as a result of causes beyond its control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, hacker attacks on the Website or any resources which have any relation to SkinCashier, any economic instability, any advances in quantum computing, accidents of any kind, any default or delay by any subcontractor or supplier of Ours, riot, any political or civil disturbances, the elements, by an act of state or government including regulatory action imposed, any delay in securing any permit, consent or approval required by the Website Owner, for the supply of products under these Terms or any other authority or any other cause whatsoever beyond Our absolute and direct control.
SECTION 6. LIMITATION OF LIABILITY
6.1. The using of real money for any purchase of in-game services is against the terms and conditions for many online games. The game providers can terminate Your account if you break these terms. SkinCashier is not responsible for any actions made against Your account after the transaction.
6.2. You cannot use the services of SkinCashier as an escrow service. In case You are suspected of using Our Service as a form of escrow, the Company can keep Your funds for up to 24 hours to examine the case. After this the Company will make a decision as to the future of Your cooperation.
6.3. You are liable for any unauthorized access to Your account and any of Your respective credentials at any time. The Company does not supersede the products and services that have been stolen or lost in any case. After the Company has fulfilled the respective deal, the Company is free from all responsibilities. This comprises partially fulfilled transactions as well.
6.4. You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, neither the Website Owner nor its Affiliates shall be liable to You, regardless of the basis or theory upon which the liability is claimed, for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from:
6.4.1 any illegal or unauthorized use of the Website;
6.4.2 the resale or exchange or attempted resale or exchange of digital items;
6.4.3 the product failing to be suitable for the special or particular purpose You intend, or the failure of any services on or related to the Website, including online services, assets or platforms or the information, images or audio contained or related to the Website; and
6.4.4 the Website being infected with any malicious code or viruses.
6.5. You understand and agree that it is Your obligation to ensure compliance with any legislation relevant to Your country of domicile concerning Your use of the Website.
6.6. The Website Owner does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. Your use of the Website and its services, any information, images or audio contained or related to the Website is at Your own risk.
6.7. If Applicable Law or the law of Your country of residence does not permit all or any part of the above limitation of liability or exclusion of warranties or disclaimer of implied terms in contracts to apply to You, the limitations, exclusions and disclaimers will apply to You only to the extent permitted by Applicable Law.
6.8. Despite Website Owner’s good faith efforts to exclude any viruses from the Website and secure the network and technologies interacting with it, it is possible that one or more third-parties can or will introduce malicious code or other viruses into the open-source software and code underlying the Website and/or create, undercover or exploit weaknesses in the security of the cloud-based services used by the Website Owner. Such events may impact the continued development, deployment or operation of the Website.
6.9. There are risks associated with using the Website, including, but not limited to, the failure of hardware, software and Internet connections. The Website Owner is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any disruption, distortion or delay in its delivery or receipt, however so caused.
6.10. Security measures have been implemented to ensure the safety and integrity of any of the services related to the Website. However, despite this, You acknowledge that information that is transmitted over the internet may be susceptible to unlawful access and monitoring.
SECTION 7. INTELLECTUAL PROPERTY RIGHTS
7.1. Any trademarks, logos, skins, artworks and other objects of intellectual property (either registered or unregistered), represented on the Website, belong to their respective owners and there are no implied licenses to use them, unless otherwise stipulated by the respective owners. The mentioned objects may not be copied or imitated in whole or in part, without the permission of the applicable owner. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Website Owner. Thus the Website Owner accepts no responsibility or liability whatsoever with regard to the information (including images, logos, skins, trademarks, slogans, etc.) about its activities or about third parties activities published on this Website.
7.2. The SkinCashier logo and any SkinCashier product or service names, logos or slogans that may appear on the Website or service are trademarks of the Website Owner or Our affiliates and may not be copied, imitated or used, in whole or in part, without Our prior written permission. You may not use any metatags or other "hidden text" utilizing "SkinCashier" or any other name, trademark or product or service name of Us or Our affiliates without Our prior written permission. In addition, the look and feel of the Website and its content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of the Website Owner and may not be copied, imitated or used, in whole or in part, without Our prior written permission.
SECTION 8. MISCELLANEOUS
8.1. Termination and Suspension. Notwithstanding anything contained herein, the Website Owner reserves the right, without notice and in its sole discretion, to terminate these Terms, suspend Your right to access the Website, and delete or deactivate Your account and all related information and files in such account and about You without liability to You, including (but not limited to) in case of Your breach of these Terms or if the Website Owner believes You have committed fraud, negligence or other misconduct. You may terminate these Terms without notice by discontinuing use of the Website. All rights granted to You under these Terms will immediately be revoked upon the Website Owner’s termination of these Terms or suspension of Your access to the Website. In the event of any Force Majeure Event (as defined in "Miscellaneous" Section), breach of this Agreement, or any other event that would make the provision of services commercially unreasonable, the Website Owner may, in its discretion and without liability to You, with or without prior notice, suspend Your access to all or a portion of its services or the Website.
8.2. Assignment. The Website Owner may, at its sole discretion, assign any of its rights and/or delegate its duties (including, but not limited any and all intellectual property rights for all the intellectual property rights objects referring to SkinCashier) to any third party at any time. You may not assign Your rights or delegate Your duties as Website User and any assignment or delegation without the previous written consent of the Website Owner shall be null and void.
8.3. Communication and Notices. Any communication concerning these Terms execution and/or violation should be conducted only via Your email and through the Website Owner’s contact means as mentioned on the Website. The one and only language of the communication shall be English. The Website Owner may provide any notice to You under this Agreement by: posting a notice on the Website; or sending an email to the email address then associated with Your account. Notices the Website Owner provides by posting on the Website will be effective upon posting and notices Website Owner provides by email will be effective when such email is sent. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your account when Website Owner sends such email, whether or not You actually receive or read the email.
8.4. Further Assistance. You shall cooperate with and assist the Website Owner in connection with any investigation, examination or enquiry by any government entity. You shall promptly provide the Website Owner with any documents, certification, record or other information it may request in connection with such investigation, examination or enquiry.
8.5. Force Majeure Events. Website Owner shall not be liable for any loss or damage arising from any event beyond its reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond its reasonable control (each, a "Force Majeure Event").
8.6. Applicable Law. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of Gibraltar. To resolve any dispute, controversy or claim between them arising out of or relating to this Agreement, or the breach thereof, the Parties agree first to negotiate in good faith for a period of not less than 60 (sixty) days following written notification of such controversy or claim to the other Party. If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit the respective claim to the binding arbitration with the Rules of Arbitration of International Chamber of Commerce. The claim is to be reviewed by one or more arbitrators appointed in accordance with the said rules. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You and the Website Owner (a) waive Your and Website Owner’s respective rights to have any and all disputes arising from or related to these Terms resolved in a court, and (b) waive Your and Website Owner’s respective rights to a jury trial. The substantive law shall be the Applicable Law (including all other operating rules, policies, and procedures that may be issued by the Website Owner and published from time to time on the Website), without regard to conflict of law rules or principles. The language of the arbitration shall be English.