The following words and terms should be interpreted as follows, unless the context clearly implies otherwise, and shall apply to all the sections of this Agreement and to every document forming part of this Agreement:
"Account / User’s Account" shall mean a personal account opened and maintained by the User, which shall contain account Information such as username, login and password.
"Balance" means a prepaid balance service used to perform transactions within the Website or other Services.
"Commission" means an amount of the Company's remuneration for the right to use the Website and other Services granted to the User on the terms of the Agreement
"Offer" means the User’s proposal to conclude the Deal addressed to all other Users and containing a detailed specification of digital items and the price of alienation.
"Services" means the Website, the Application, the Extension and other resources of Waxpeer which serve to provide access to the Software.
"Digital items" means virtual in-game goods for use within video games.
"Waxpeer" (or the “Company”) means the sole owner of the Software, the Website and other Services. Waxpeer is not affiliated in any way with Valve Corporation and its affiliates (the "Valve").
"Website" means Waxpeer website with the address www.waxpeer.com, including the Software, web-resources, data, texts, graphic elements, design, pictures, photo and video and other materials located at the domain https://waxpeer.com/ and at all its sub-domains
"Parties" shall collectively mean the User and the Company.
"Payment service provider" / "Payment Agent"shall mean third parties that are authorized by the Company to receive and process payments from Users in the interests of the Company via the various payment methods provided by such authorized third parties.
Other terms, definitions and word combinations used in the Agreement shall have the meaning and interpretation that established practice has assigned to them in the field of Internet technologies, Video games, and according to the applicable law.
2. Subject of the Agreement
- 2.1. Under this Agreement, the Company hereby provides the User with a simple non-exclusive, non-transferable, limited, revocable license to access and use the Website and other Services only for the purposes of searching, exchanging, selling and purchasing Digital items in accordance with the terms and conditions stated below (hereinafter – the “license”).
- 2.2. Waxpeer hereby also grants the User permission to use content of the Website, provided that User (1) uses it solely for personal, noncommercial use; (2) does not modify or sell content of the Website; and (3) does not reproduce, display, publicly perform, distribute, or otherwise use the content of the Website for any public or commercial purpose, including the use of the content on any other Website.
- 2.3. During exchange, sale or purchase of Digital items Waxpeer acts only as an intermediary between the Users, and will not be a party of any Deal between the Users selling, purchasing or exchanging digital items. Waxpeer does not acquire any rights concerning the digital items. Waxpeer is not acting as an agent, broker, employee, or employer of any User.
- 2.4. The Website may contain links to third-party Internet websites, resources, advertisers, services, special offers, or other events or activities that are not owned or administered by Us. Waxpeer is not responsible for the contents of such third-party websites, materials, information or services. The access and use of such websites, materials, information or services are at User’s own risk.
- 2.5. By accessing the Website and other Services, you agree that the terms of any respective Steam subscriber agreements and/or terms and conditions, and/or policies shall apply to you in all respects. Any warranties, rights, obligations or other contractual relationships that you may have with respect to your Steam account shall remain consistent with, and part of the Agreement hereof.
- 3.2. Upon signing-in, your Account will be created automatically and you will be assigned with your personal ID to monitor your digital items and balance.
- 3.3. If you use this Website or other Services, You are solely responsible for providing correct data, managing and safeguarding your login credentials, maintaining the confidentiality and restricting access to your Account, as well as for all activities that occur under these credentials. It is your responsibility to ensure that your use of the Website and other Services within your Account is in compliance with any applicable laws or regulations.
- 3.4. If we suspend that you are in a material breach of the Agreement, we may (1) suspend your Account, (2) suspend any transactions without any refund; and (3) terminate your Account with immediate effect, subject to our discretion without prior notice. We note that we can undertake any and all of the above actions subject to our discretion without any liability or further obligation of any kind whatsoever to you or any other party.
4. Trade of Digital items
- 4.1. Using the Website or other Services you can exchange, sell and/or purchase any digital items available on the Website and/or other Services.
- 4.2. To purchase a digital item you can either use (i) a payment method supported by a payment service provider available on the Website or (ii) your Balance.
- 4.3. Any money you may receive from the sale of your digital item will be saved in your Balance.
- 4.4. In case the digital item you exchanged was more expensive than the one you received, extra money from the exchange will be saved on your Balance and can be used later. In case the digital item you wish to exchange is of lesser value than the one you wish to obtain, then, you may pay the difference by using your Balance.
- 4.5. You are solely responsible for reading and understanding all and any terms and conditions of any transactions conducted on, via or as a result of using the Website and other Services.
- 4.6. All trades made via the Website or other Services are independent from each other, and not subject to a return, refund and/or cancellation.
5. Conclusion and execution of the Deal
- 5.1. You may conclude Deals to exchange, sell and purchase the digital items through the Website and other Services.
- 5.2. Any User has an opportunity to make Deals by placing Offers and accepting Offers placed by other Users via the Website and other Services. The number of Offers that each User may place and accept is not limited.
- 5.3. The condition for concluding Deals concerning the acquisition of the digital items is a positive remaining balance on the User's account in the amount sufficient to complete the Deal.
- 5.4. The Offer placed on the Website or other Services shall be considered accepted by the User by completing the following actions: (1) sending application; and (2) provision of funds in accordance with section 6 of the Agreement. From that moment, the Deal is considered concluded on the conditions of the Offer accepted, and Users undertake to fulfill their obligations.
- 5.5. The Deal shall be executed with the first responded User. The User who placed the Offer is entitled and obligated to pass the digital items to the User who first accepted the Offer. After the transfer of the User’s digital items, Waxpeer receives funds from the Deal and transfers it to the User’s Account, withholding the amount of Commission as defined in section 7 of the Agreement.
- 5.6. Upon completing the Deal, the Users shall be notified by reflecting in the Account the digital items transferred and the amount of funds credited to the User's Account. Deals completed are not subject to cancellation and refund.
6. Payments and fees
- 6.1. User's Balance.
- 6.1.1. Your Balance may only be used to execute Deals and perform transactions within the Website and other Services.
- 6.1.2. To access your Balance you may be asked to provide registration details, including without limitation a payment method and related billing address.
- 6.1.3. Balance does not constitute a personal property and has no value outside the Website and other Services. Balance funds are non-transferable to another service or person and do not accrue interest.
- 6.2. Waxpeer may offer you the ability to use the following payment methods for the purpose of depositing the Balance in order to purchase, sale and/or exchange digital items: Credit card, PayPal, E-wallets, Bank transfers, or others as defined and specified by Waxpeer (the “payment methods”).
- 6.3. The respective Payment service provider is primarily responsible for facilitating the payment of your transactions conducted on the Website or other Services and for providing payment-related customer support. Waxpeer is not responsible for any delays in payment and/or actions of the respective Payment service provider.
- 6.4. By performing transactions via the Website or other Services you confirm that you are the owner or an authorized person or of payment accounts, wallets or bank cards you use to make any payments.
- 6.5. All monetary transactions are made in US dollars, including all applicable taxes. In this respect, your payment will be converted into USD at the time of the payment, if applicable.
- 6.6. Waxpeer may provide the withdrawal of the User’s funds, within 3 (three) working days following request of the User submitted through the Website. Withdrawal of the User’s funds is provided by transfer to the User’s payment details. There is an 8-day limit on withdrawing money on newly entered money to counter fraud transactions.
- 6.1. User's Balance.
7. Waxpeer's Commission
- 7.1. The User undertakes to pay the Company the Commission for the right to use the Website and other Services granted to the User on the terms of the Agreement.
- 7.2. The commission is set separately for each specific case of exchange and/or purchase of a digital item, in the amount of 5 % (five percent) of the declared value of the relevant digital item.
- 7.3. By using and/or accessing the Website or other Services you unconditionally agree to pay Waxpeer's commission as stated above.
- 7.4. The amount of the Commission is subject to withholding by Waxpeer out of funds received to execute the Deal.
- 7.5. The Company's expenses for carrying out the transfers indicated in section 6 of the Agreement, including remuneration of payment agents, billing aggregators, shall be paid in full by the User.
- 7.6. Other fees, commissions and expenses to be paid by the User may be provided on the Website or other Services.
8. Rights and obligations
- 8.1. The Company undertakes:
- 8.1.1. to provide the User with access to the Website and other Services on the terms of this Agreement.
- 8.1.2. inform Users about the progress of execution of Deals by means of notifications or otherwise.
- 8.2. Company has the right:
- 8.2.1. to suspend, interrupt and/or discontinue the access to the Website and other Services with or without notifying you beforehand;
- 8.2.2. to update, modify or reverse the Website, the Services and the Software, or to change the speed and quality of their operation at any time without notifying the User;
- 8.2.3. to suspend or terminate its support for and/or maintenance of the Website and other Services, provided that it notifies the User at least 3 (three) calendar days in advance, in any manner;
- 8.2.4. to verify your identity at any time in order to prove who you are online, including if it is required by the applicable law or other regulations;
- 8.2.4. to undertake any actions as may deem appropriate in response to violations of the Agreement, Deal, rights of third parties and/or the applicable laws, including, but not limited to the suspension and/or termination of your access to the Website, and/or block of your Account without any notice;
- 8.2.5. to restrict the usage of Website and other Services without prior notification for Users who are fall within the following categories: (a) sanctioned individuals whose names are listed on international sanction lists, and (b) any individual acting on behalf any person listed on the above-mentioned international lists;
- 8.2.6. to refuse or reverse any Deal with or without refund of the money paid;
- 8.3. The User undertakes:
- 8.3.1. to comply with the terms of this Agreement and the applicable law;
- 8.3.2. to pay the Commission in time in accordance with the terms of this Agreement;
- 8.3.3. to fulfill the obligations stipulated in the Deal and the accepted Offer;
- 8.3.4. to become fully acquainted with the later versions of this Agreement;
- 8.3.5. not to take actions aimed at circumventing technical protection measures, destabilizing the Website and other Services, and using them in any manner not authorized by this Agreement;
- 8.3.6. not to take actions that may violate the applicable laws, rights of the Company or third parties;
- 8.3.7. not enter into any agreement that affects the rights of Waxpeer without its prior approval;
- 8.3.8. to provide the Сompany with information and documents for verification of your identity as required by the applicable law or other regulations.
- 8.4. The User has the right:
- 8.4.1. to use the functionality of the Website and other Services within the terms of this Agreement;
- 8.4.2. to place and accept Offers in the manner prescribed by this Agreement;
- 8.4.3. to manage the User’s Account and to enter and modify the account data, subject to compliance with this Agreement and the applicable law.
- 8.1. The Company undertakes:
9. Intellectual property and Restrictions
- 9.1. Waxpeer is the sole and exclusive owner of the Software, the Website, the Services, their content, designs, domain names, digital conversions, and other materials (excluding third parties materials), that is covered by the relevant copyrights, patent rights, know-how, trademarks and other intellectual property rights. Except as permitted in the Agreement, nobody may reproduce, copy, imitate, distribute, display, publish, transfer, sell, license, create derivative works, modify, reverse-engineer, disassemble, decompile or otherwise exploit the above materials unless expressly permitted by Waxpeer in writing.
- 9.2. Subject to the terms and conditions of this Agreement, Waxpeer provides the User with the License to use the Website and other Services as described in the section 2 herein. Any breach of this Agreement shall result in the immediate revocation of the license without prior notice to the User.
- 9.3. Users are prohibited from engaging in the following:
- to exceed the scope of the license provided for in this Agreement;
- engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this website.
- corrupt data, hack into any aspect of the service or cause a provocation on other website users.
- wrong use of the Website in any way that may occasion or cause harm to the Website or other Services or contrary to the stipulated applicable laws and regulations;
- to use the Website or other Services in a way that violates current legislation, including, without limitation, on advertising, intellectual property, on personal data, etc., or the rights of third parties;
- make any commercial use of information published on the Website or other Services or make any use of them for the benefit of another business.
- 9.4. All third party materials featured on the Website are in no way associated or affiliated to Waxpeer and should rely on the existence of such connection or affiliation. Where a brand name is referred to, it is only used to describe products and services and it is in no way an assertion that such products or services are endorsed by or connected to Waxpeer.
- 9.5. Any objects of intellectual property, presented on the Website, belong to their respective owners and there are no implied licenses to use them, unless otherwise stipulated by the owner in writing. Any unauthorized use is an infringement sanctioned by the applicable legislative framework.
10. Warranties and representations
- 10.1. The Website and other Services are provided "AS IS" without any express or implied representations or warranties, except as expressly provided for in this Agreement. The Company does not provide the User with any warranties regarding the accuracy, likely results, the error-free, uninterrupted, continuous operation, or reliability of the use of the Website and Services, or their fitness for particular purposes.
- 10.2. Being an online marketplace, Waxpeer has no control over, and makes no representations or warranties regarding any qualities or characteristics of digital items, or that any digital items, prices, or descriptions are accurate, complete, or reliable.
- 10.3. By using the Website or the Service You hereby declare, warrant and guarantee that:
- 10.3.2. according to your local jurisdiction you are eligible and have all necessary powers and permits to enter into the Agreement, and You have no restrictions to use the Website and the Service;
- 10.3.3. you have all necessary and relevant experience and knowledge to deal with digital items, as well as the necessary expertise and knowledge to trade, sale and/or purchase them, and accept the sole responsibility for any decisions made in respect of such items;
- 10.3.4. you will comply with the Agreement and all applicable laws and regulations and will not directly or indirectly use the Website and the Service for any illegal activities;
- 10.3.5. you are a rightful holder of all the digital items associated with your Steam ID.
- 11.1. The Parties shall be liable for a failure to perform or improper performance of the obligations under this Agreement in accordance with the Agreement and the applicable law.
- 11.2. The Company shall not be liable and shall not reimburse the User and/or third parties for direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages):
- 11.2.1. caused, arising out of or relating to any use of, or inability to use, the Website or other Services, any errors, mistakes, or omissions therein, or the sale, purchase, or use of the digital items;
- 11.2.2. arising as a result of acts or omissions of third parties (including without limitation, Valve, telecom operators, hosting providers, Internet providers, banks, payment agents, etc.), and/or occurring as a result of or relating to the use of third-party websites;
- 11.2.3. arising from improper use of the Website or other Services, a violation of this Agreement; or from any inaccuracy of the data provided by the User;
- 11.2.4. arising from unforeseen circumstances, emergencies, any unauthorized access, hacking attacks, bugs, viruses or any technologically dangerous, harmful materials, power outages, flood, theft, equipment breakdowns, global disruptions in the Internet operation, lack of access to the Internet, failures in routing systems, as well as downtimes of the Website;
- 11.2.5. arising as a result of any changes to the Website, Services and/or to the Agreement;
- 11.2.6. arising from the blocking of the User’s account, and / or suspension, restriction or termination of access to the Website, or as a result of termination of support of the Website;
- 11.2.7. caused by force majeure circumstances which the Company could neither foresee nor prevent by reasonable measures.
- 11.3. Waxpeers’s aggregate liability in any circumstance is limited to either the amount paid by the user to Waxpeer during the year preceding the claim or $100, whichever is greater.
- 11.4. The foregoing limitation applies regardless of the nature of the cause of action (whether breach of contract or tort, including negligence) and even if Waxpeer has previously been advised of, or reasonably could have foreseen, the possibility of such damage or loss. To the extent that any jurisdiction does not allow the exclusion or limitation of any incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
- 11.5. If third parties or state authorities file claims against the Company related to the User, or a breach of warranties provided herein, the User undertakes to resolve these claims with his own forces and at his own expense, protecting the Company from losses and proceedings.
- 11.6. The User shall be responsible for all his actions and omissions, both intentional and unintentional, that violate the applicable law and/or the terms of this Agreement, and/or the rights of third parties, and also undertakes to indemnify the Company and its affiliates any losses, damages, or expenses, which may at any time be imposed on or incurred by such actions and omissions, and to cooperate as fully as reasonably required in the defense of any claim.
12. Change and termination of the Agreement
- 12.1. The Company has the right to terminate the Agreement or revoke the rights granted under this Agreement, subject to 3-days prior notification. Upon any termination of the Agreement, you shall immediately cease an access to and use of the Website and other Services. Any termination of this Agreement shall not affect your obligations incurred and not fulfilled before the date of termination.
- 12.2. The Company hereby reserves the right to supplement or make changes to this Agreement at any time, when deemed necessary, without a prior notification. We may do this for a variety of reasons including changes in laws, new features, or changes in business practices and/or any other reason.
- 12.3. If the changes to the Agreement include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Website, other Services or via email.
- 12.4. Any changes will come into force from the moment of their publication on the Website, unless otherwise provided for by a later version of this Agreement. If you continue to use the Website or other Services after the changes become effective, then you agree to the revised Agreement.
- 12.6. We recommend you to read this Agreement from time to time in order to be aware of any changes and additions. If you do not agree with any part of this Agreement, you should immediately stop using the Website and other Services, and notify us of the disagreement so that we can take the necessary measures, which may include suspension or termination of your access to the Website.
13. Applicable Law and Disputes
- 13.1. The Agreement shall be governed by and construed in accordance with the laws of Waxpeer domicile, unless otherwise expressly provided.
- 13.2. The Parties will endeavor to settle all disputes, disagreements or claims, which may arise in connection with execution, termination or invalidation of the Agreement, through negotiations.
- 13.3. The User, who has a claim and/or disagreement shall send a message to the Company at the following e-mail address: [email protected] . The message shall contain the essence of the asserted claim, the evidence confirming the claim, account data, and the User’s contact information and signature.
- 13.4. The Company will endeavour to reply within twenty (20) business days from the date of receipt. In absence of reply to the claim within 20 (twenty) business days, or if the Parties have failed to resolve the dispute, the dispute shall be submitted to the court for consideration at the venue of Waxpeer registered office.
- 13.5. Where permitted under the applicable law, you agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
14. Final provisions
- 14.1. The Parties confirm that all notifications, messages, agreements and documents within the framework of the Parties’ performance of the obligations arising from the Agreement, having been signed by analogues of the Parties' autographic signatures, shall have legal force and be binding upon the Parties.
- 14.2. The Parties acknowledge that all the messages, sent from authorized e-mail addresses, as well as to the User’s Account, shall be deemed to be sent and signed by the Parties, unless otherwise directly specified in such messages.
- 14.3. All notices you send us must be sent to the contact details on this site (link). We may give notice to you at either the email or postal address you provide to us. Notice will be deemed received 24 hours after an email is sent or three days after the date of posting of any letter.
- 14.5. Waxpeer may assign, subcontract or otherwise transfer its rights and/or obligations hereunder without notice to you or obtaining your consent. You may not assign, subcontract or otherwise transfer your rights and/or obligations hereunder.
- 14.6. Information related to the implementation of this Agreement is strictly confidential. The Сompany has no obligation to provide the User with accounting or other financial documents related to this Agreement
15. Contact Details
- 15.1. Should you have any questions, enquiries, remarks, complaints or comments regarding the Website, the Service, or this Agreement please contact our Support team at [email protected]. We will reply to you as soon as possible
- 15.2. Where possible, we will work with You and/or any user selling on our Website, to resolve any disputes arising from your purchase.