If you visit our website (POE4Sale.Com), you affirmatively accept the following conditions. We reserve the right to change the terms, conditions, and notices under which our websites and services are offered, including but not limited to the charges associated with the use of our websites and services. The included terms and agreement are subject to change at any time. While we may provide notice of changes that occur, this is no way constitutes an obligation on our part. It is your obligation to read these terms thoroughly, carefully, and regularly to become aware of such changes as may occur. If you do not agree to such changes, you may delete your at any time. Your continued use of our websites and services constitutes your agreement to all such terms, conditions, and notices. All terms are defined within the agreement or within the definitions section.
PLEASE READ EVERYTHING HEREIN CAREFULLY.
This site is owned and operated by MMOSUPPORT LIMITED with registered address: Unit G1 Capital House 61 Amhurst Road, London, United Kingdom E8 1LL
1. Description of Site and Services
Through this website, we provide you with access to a variety of resources, including the purchase and sale of virtual items. Such services, including any updates, enhancements, new features, and/or the addition of any new Internet properties, are subject to these Terms and Conditions. We may also provide links and pointers to Internet sites maintained by third-parties. Neither we, our 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. We do not assume any responsibility or liability for the actions, products, 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 any third-party sites are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to the applicable law, we disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose. We make no representation or claims to any title for any or virtual items purchased or sold through this site. We further makes no representations regarding the transferability, use, and ownership of any such or virtual items. We are in no way affiliated with any publisher or developer of any game, including but not limited to: Blizzard Entertainment, Battle.net, Sony Online Entertainment Inc., Sony Computer Entertainment America Inc., NCSoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm Entertainment Company Ltd., and Square Enix CO., LTD.
2. Buy Sell Agreement
This Buy Sell Agreement is made effective on the date in which you commit to buying, trade, exchanging, selling, or agree to any transaction or transactions with us or choose to use our services to facilitate such activities. You will be strictly bound by all of our terms and conditions and associated rules as outlined on this website.
2(1). Buy Agreement
Upon execution of the payment sent to our company, the company and its affiliates will grant full rights within 14 days (unless we quote otherwise to you) to a Video Game Asset, and provide you with the Product Data you are purchasing. You agree that you are bound to an exclusive agreement for the rights to this Product Data, and that we are not liable for anything involving the Product Data once it has been delivered by means of email or otherwise. You agree that once a payment has been issued to us, and you have used the products delivered, the sale cannot be canceled or refunded unless by written consent from the company. If the products haven't been used after payment, the sale can be canceled or refunded.
If you fail to agree to these above conditions set forth by us, you agree that you will be liable for costs and damages incurred by the company as a result of your actions, including the funds issued to us on the original payment, any collections, court, attorney, or other miscellaneous fees, and any and all other damages including but not limited to purchasing or transferring of the original product, cost of the product, and any additional expenses which were accumulated during your transaction.
2(2). Sell Agreement
The Company, and its affiliated companies state in the sell section of this agreement that when you agree to the sale, exchange, trade, transfer, or provision of any product for which you will receive a cash payment or gift certificate from the Company, you agree that you will transfer all rights exclusively to the Company for the Product Data or Video Game Asset.
You agree that you are entering a contract with the Company to sell and transfer exclusive lifetime access rights to the Video Game Asset and Product Data in your possession for the price quoted to you upon execution of submitting your information to our website. Upon agreement to these terms, you will be permanently transferring any and all access rights to your Video Game Asset and Product Data to our company.
You hereby guarantee that you have never shared or provided other parties with the Video Game Asset and Product Data information. This includes user name, password, secret question, secret answer, or any information relevant or required to gain access to the Video Game Asset or Product Data. You agree that at no time will you voluntarily or involuntarily attempt to regain access or assist others to regain access to the Video Game Asset or Product Data.
You agree that we have the right to cancel, void, suspend, or ban any type of sell agreement between each party if they feel a Security Risk is involved in purchasing your Video Game Asset or Product Data. Failure to take action during a transaction does not constitute a waiver of this right and we may take such actions after transfer has occurred.
You agree that if the Video Game Asset or Product Data is retrieved, recovered, recalled, suspended, banned, the password or data information is changed, or there is alteration to any information or data related to the Video Game Asset or Product Data, that you will be held responsible for returning the product data to its original status for the lifetime duration of the Video Game Asset or Product Data. You agree that you are responsible for a duration of 10 years upon execution of this agreement that you will assist us if the Company informs you that the Video Game Asset or Product Data has been retrieved, recovered, recalled, suspended, banned, changed the password or data information. You agree that the Company can require at anytime upon execution of this agreement that you must assist at resolving any issue with the Video Game Asset or Product Data.
If you fail to comply with the sell agreement, you agree that you will return the funds provided to you in the transaction along with any funds we had to provide to the customer that may have purchased this product data, any resulting collections and court fees, and damages done during the time in which the data product was transferred over to our company. You agree that if you recover or have any information that would involve the Video Game Asset or Product Data (including means of third party involvement) you will return the Video Game Asset or Product Data subject to all conditions above within 5 business days of the time you receive this Video Game Asset or Product Data information.
3. Electronic Communications
When you visit our website 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. You understand that contracts, agreements, modifications, supplements, and additions conducted digitally bear the full weight of the applicable law and are fully binding on you as a party to the contract.
4. License and Site Access
We grant you a strictly limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent as given by our officers or attorneys. 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 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 our express written consent. 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 ours or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
5(1). Material on our website is copyright and subject to international and domestic copyright law. You may not copy, reproduce, create derivative works, or in any other way use our intellectual property. We reserve full rights in our intellectual property and transmission to you in no way implies the grant of a license. This includes but is not limited to all site content, text, graphics, logos, icons, images, audio clips, animations, digital downloads, data compilations, data structures, spreadsheets, software, characters and other intellectual property. We make no claims to copyrighted material not produced by us.
5(2). We respect the intellectual property of others. If you believe that your work has been used in a way that constitutes copyright infringement, please contact our legal department.
6. Product Descriptions
We make every attempt to ensure that the product descriptions we provide are accurate and clearly denote what is for sale. You may contact us for a return or replacement in case of an error of the order delivery.
7(1). You are expected to conduct yourself in a polite and respectable manner on our site. We reserve the right to remove any comments, statements, private messages, or user that we deem to violate this. We may also close your for such activities. While we will consider each situation on a case-by-case basis, as a general rule, if you wouldn't say it in front of a judge, don't say, write, or express it to us or our users.
7(2). We reserve the right to suspend or remove user at any time. Upon request, you may receive a written explanation for why your has been suspended or removed.
7(3). You may not interfere with our site, including, but not limited to, attempting to disrupt sales, hacking, posting false or misleading information, or other activities which would impair site operations.
7(4). You will not use our site as a basis for outside dealings of any kind, including but not limited to dealings in Video Game Assets, Program Data, or dealings of any kind.
8(1). You must be of 18 years of age to use our site or have parental permission to do so. You may not misrepresent your identity in any way to us or other users. You must provide valid, complete, and active contact information to us, including a valid phone number and email address.
8(2). You will not publish your contact information or others' contact information anywhere on our site excepting designated areas in which we explicitly require it.
8(3). Your username must follow all the rules for conduct contained in this Agreement.
8(4). Your personal information will be kept in strictest confidence and only used for purposes of transacting business with us. We will not sell your personal information to third parties.
9. Restricted Users
9(1). 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.
9(2). You may not open a new if your is suspended without our expressed written permission. Doing so is an immediate breach of the user agreement and you will be liable for any resulting damage.
10. Non-Disclosure Clause
By authenticating this document you fully agree not to disclose any Confidential Information regarding this Agreement or any business transactions or disputes you conduct or have conducted with us, including discussing, revealing, divulging, or publishing such information in any manner whatsoever without specific prior written consent from us. This also includes any information related to such transactions or created or revealed in the contemplation of such business transactions. Consent from us may only be given in writing by an us officer or attorney. Disclosure may be made to a party attorney, ant, or financial adviser so long as that person is made aware of the confidential nature of the information and fully agrees to maintain the same level of confidentiality, and we are informed of the disclosure as soon as possible. Disclosure may be given if a party is obligated by a valid and binding Court Order or Subpoena, though a party providing such disclosure must inform us as soon as possible of such a request.
10(1). Reviews, Comments, Communications, and Other Content
You 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, libelous, slanderous, invasive of privacy, infringing on intellectual property rights, constitutes a defamatory or privacy tort, or is otherwise injurious to third parties or objectionable. Such content must also not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of the information you provide.
10(2). Damaging Communications
You agree to never publish or post without lawful justification or excuse any information that is likely to injure the reputation of us or any person, exposing us or them to hatred, contempt, or ridicule. This includes information that is designed to insult the person of/or concerning whom it is published. We reserve the right to remove such content, but does not regularly review posted content. We assume no responsibility for the observing and policing of user-posted communications. If you are unable to remove or edit such content at our request, you are obligated to turn over all data, s, passwords, or any information related to accessing, viewing, or altering this content.
10(3). Licensing Rights and User Content
In the event you do post content or submit material, and unless we indicate otherwise, you grant us and our affiliates a non-exclusive, 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 form of media. You grant us and our affiliates and sub licensees the right to use the name or user 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 us and our affiliates for all claims resulting from content you supply.
10(4). Policing of Content
We have the right but not the obligation to monitor and edit or remove any and all activity or content. We take no responsibility and assume no liability for any content posted by you or any third party or posted by others in relation to us.
10(5). Duty of Care
You will conduct your activities and communications regarding our Confidential Information with only the highest degree of care to ensure such information remains confidential. This degree of care will at least be of that with which you care for your own Confidential information. You may not copy, recreate, or otherwise reproduce any of our Confidential information in whole or part excepting those situations expressly permitted by this agreement or by expressed written consent of our officers or attorneys. In the event of misuse or misappropriation of any Confidential Information, you agree to disclose this to us immediately so that appropriate steps may be taken to minimize potential damage resulting from such misuse or misappropriation.
You hereby grant us full rights to remove and/or require you or a third party remove any alleged breach of this agreement until and unless a court of law determines otherwise. This includes requesting forum moderators and website operators to remove Confidential Information.
10(7). Return of Materials
Any materials or documents that have been furnished by us to you in connection with the subject of this agreement will be promptly returned by you, accompanied by all copies of such documentation or certification of the destruction of such documentation, within (10) days after (i) the relationship between us and yourself has been terminated or (ii) on receipt of written request from us.
10(8). Protective, Gag, Cease and Desist, and Restraining Orders
You grant us the right to obtain a protective order, gag order, cease and desist, restraining order, or other necessary legal method to restrict information or activities from causing harm or harassment, including torts of any nature, to us, our staff, our clients, users, or third parties. This applies to current, past and future activities you may conduct that cause harm or harassment or potential harm or harassment.
You hereby understand and agree that violation of this Non-Disclosure Agreement creates a substantial likelihood of irreparable damage to us and we are thereby entitled to injunctive relief to prevent the possibility of such harm occurring. Additionally, the aggrieved party is entitled to compensatory damages and reasonable attorneys' fees arising from obtaining such injunctive or compensatory relief. This relief in no way constitutes a full remedy unless expressly stated so by the parties.
You affirm that we have the right to obtain injunctive and/or compensatory relief, including damages, as well as collect attorney and court fee(s), on any breach of this Agreement. You agree that you are responsible for your own costs and expenses, including attorneys' and court fees, associated with this Agreement and will not demand such costs from us.
The parties agree never to share information regarding the agreement or any information related to the agreement or the other parties to any third-party provider. This includes any information relevant to any asset data, source code, information, e-mails, electronic messages, posts, physical correspondence, discussions, statements, or any information of any asset, product, or service rights transferred to another party to this contract, except in the following circumstances.
10(11)1. Company reserves the right to disclose information to any third party involved subsequently after the Company has sent a notice of breach of agreement to you or a dispute arises involving the agreement.
10(11)2. In the event of a complaint being filed with the Company by e-mail or other electronic means regarding any disputes claiming that the asset or character data, source code or information transferred to you upon purchase with the Company has been altered, changed suspended, banned, or in some other way has stopped working beyond your control, the Company may use the electronic data sent. This data will not contain another party's asset or character data, source code, information, or e-mails prior to the electronic delivery of your service or product.
When selecting to pay us via PayPal or a different merchant service, you will be directed away from our site to the PayPal or any other merchant service site during the payment process. We assume no liability or responsibility for any harm caused to you while visiting PayPal or any other third party website.
12. Disclaimer Of Warranties And Limitation Of Liability
This site is provided by us on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e- mail sent from the company are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. We are not liable for any losses resulting from site outages or computer failure. We may attempt to help you with such problems if they concern our site, but this in no way implies a duty on our part to provide assistance.
You agree to indemnify us, our employees, subsidiaries, affiliates and officers as harmless from any claim or demand, including attorneys' fees, made by a third party arising out of any breach of these conditions you conduct, as well as any breach of other terms and conditions from third parties you breach, as well as any terms and conditions incorporated by reference.
You agree to release and forever discharge us, our affiliated companies, successors, partners, employees, family members, spouses, vendors, merchants, predecessors, assigns, officers, directors, shareholders, agents, and attorneys, past and present, from each and every action, charge, claim, right, liability, or demand of any kind of nature, including but not limited to any and all actions, charges, monetary obligations, claims, rights, liabilities, or demands which have arisen or may arise in connection with this Agreement, regardless of whether such claims are known or unknown and specifically including, but not limited to, all claims asserted against us.
The Company stores information that it collects through cookies, log files, and third party sources to create a profile of your preferences, in order to improve the content of the Company's web site for you.
Failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions.
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 only 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.
18(1). Any dispute relating in any way to these Terms and Conditions, your visit to our websites or to products and/or services you purchase through us shall be exclusively submitted to arbitration as detailed in the following section "Arbitration" except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any appropriate court in the World, and you consent to exclusive jurisdiction and venue in such courts. If we believe there is a breach, you agree that we shall put all items related to any transactions, communications, services, products, funds, or anything related to this Agreement into an escrow or trust to be set up by us for the benefit of all parties of this Agreement. All items shall remain in escrow or trust until A). All parties have entered into a written agreement authorizing the disbursement of any or all such sums being so held into escrow; or B). A court of competent jurisdiction enters a final judgment that determines to whom said items should be disbursed or released; or C). An arbitrator enters a valid and binding final judgment determining to whom said items should be disbursed or released. You agree that you shall bear your respective attorneys fees arising out, or related to, any dispute that leads to items put into an escrow or trust in accordance with this section.
18(2). Arbitration - The parties may elect to resolve any claim through final and binding arbitration unless otherwise denoted above. Either party may require the other to conduct arbitration through written notice of such a demand, including after the initial filing of a claim in a court of law. If a request is made after a claim has been initially filed with a court of law, the party filing must withdraw said claim from the court. If arbitration is chosen, the parties hereby agree to final and binding arbitration conducted under the American Arbitration Association (AAA) rules utilizing a single arbitrator chosen by the AAA. Any arbitral hearings will be considered conducted and seated in the state of Washington in France utilizing Washington State law. All arbitral proceedings are subject to full nondisclosure of any details of or the existence of the dispute. Such disclosure may only be conducted with the written consent of the parties. No arbitral proceeding for less than $10,000 USD in claims will take more than two hearings to resolve unless the arbitrator finds extenuating circumstances prescribe otherwise. Such proceedings may be conducted remotely via phone or online. All proceedings must be concluded within 90 days. Arbitral awards will be entered with a court of competent jurisdiction and fully enforced. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
18(3). Contrary Claims - If a claim is filed with any court of law despite a request for arbitration, and the party filing the claim fails to withdraw the claim after a written request from the opposing party for that withdrawal, the party requesting arbitration may recover attorneys' fees and costs up to $1000.
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 we 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 we are deemed to be the prevailing party as determined by final judgment, not subject to appeal, of a court of competent jurisdiction, we 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.
For purposes of this agreement, the following terms shall be construed as follows:
"Agreement" means this document in its entirety.
"We", "us", "our" and all other first person pronouns and the like refer to S3, Inc. All references to "you", "your" and all other second person pronouns refer to any users, buyers, sellers, or other third parties accessing or using any of S3's websites, intellectual property, or other services.
"Consent" means explicit, full agreement given in writing by the company officers or attorneys.
(4) Confidential Information
"Confidential Information" means any information, technical data, or know-how, including but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances of ours, or any information created or revealed in preparing such Confidential Information. Confidential Information includes information that is not in writing, and any information given through conversation, discussion, or explanation.
Confidential Information does not include information, technical data or know how which (i) is in the possession of the receiving party at the time of disclosure as shown by the receiving party's files and records immediately prior to the time of disclosure, or (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature other than as a result of any improper inaction or action of the Recipient or, (iii) is approved by our officers, in writing, for release.
(5) Defamatory and Privacy Torts
"Defamatory and Privacy Torts" includes publishing a untrue and harmful statements about us or its affiliates or employees.
(6) Publish, Publishing, or Publication
"Publish, Publishing, or Publication" means DISCLOSURE TO ANY THIRD PARTY by issuing, revealing, divulging, or posting matter for sale or disruption. This includes digital communications such as posting in web forums, chat messaging programs or chat rooms such as IRC discussions.
(7) Protective Order
"Protective Order" (also known as a gag or suppression order) means a legal court order that prevents the disclosure of sensitive information and is intended to protect us from harm or harassment.
(8) Restraining Order
"Restraining Order" means a legally binding order that prevents a party or individual from either engaging in, continuing, or stopping an activity described in its contents. Such an order is intended to protect us from further harm or harassment and carries significant consequences for its breach.
(9) Cease and Desist Order
"Cease and Desist Order" means any legal documentation, order or injunction intended to stop a party from engaging in an activity they are currently undertaking or may begin in the future. This includes temporary injunctions, permanent injunctions, and prior restraints.
(10) Video Game Asset
"Video Game Asset" means virtual property within video games, virtual worlds, and social sites including but not limited to: characters, s, inventory, items, in-game poe currency, funds, and all other virtual property linked to gaming systems.
(11) Product Data
"Product Data" means data which includes the and password used to access the video game asset or other data.
(12) Security Risk
"Security Risk" means that the Video Game Asset or Product Data which we are set to acquire has a risk of breaching our sell agreement.
21. Entire Agreement
This Agreement supersedes all other prior and contemporaneous written and oral agreements and understandings between the parties and contains the entire agreement between the parties unless specifically referencing outside sources. You state, represent, and warrant that you enter this agreement with a full understanding of its terms, and that you have not been subjected to duress or coercion and consider these terms valid consideration for the services we provide for you. All items in this agreement shall be binding upon and shall inure us, our successors, heirs and permitted assigns. You agree not to assign this agreement to any third party without our express written consent.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Laws of UK.
22. Account Termination
22.1Without prejudice to any other rights that the site may have under this Agreement or at law, the site may immediately terminate this Agreement by notice in writing if:
(a) you are in breach of any of the terms and conditions of this Agreement and such breach is not remedied by you within thirty (30) days' of the site's written notice; or
(b) you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration, including without limitation bankruptcy proceedings, or if a receiving order is made against you or you make any arrangement or composition with your creditors.
22.2 Without prejudice to any other rights and remedies the site may have under this Agreement or at law, upon termination:
(a) all rights granted to you under this Agreement shall cease;
(b) you shall immediately cease all activities authorised by this Agreement; and
(c) you shall immediately destroy or, at the site's request, promptly return all the site's Confidential Information which is in your possession and to certify to the site that you have done so
22.3 At User's will, User will be able to close its own account at any time.