The Gainkit.com website (hereinafter “Website”) is owned and operated by Gainkit Inc. IMPORTANT! PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.
“Buyer(s)” shall refer to the individual or entity seeking to purchase Goods from Sellers.
“Content” shall refer to the contents of the Website, including without limitation the text, graphics, images, audio, and video, as well as any product descriptions, pricing, and reviews. “Content” does not include User Submitted Content as defined below.
“Goods” shall refer to the virtual goods for use within computer games listed for sale on the Website.
“Gainkit” refers to the company Gainkit, Inc.
“Services” shall refer to the services provided by Gainkit through the Website, consisting of a platform for connecting Buyers seeking to purchase virtual goods for use within computer games.
“Users” shall refer to anyone who uses Gainkit’s Services, including users of the Website.
“You” shall refer to you, the person who is entering this Agreement with Gainkit.
2. Acceptance of the Terms of Service
3. Use of Website, Content, and Services
The Website, Content, and Services are owned by Gainkit and constitute proprietary information and property and are protected by United States copyright and/or trademark law, as well as applicable foreign laws.
Gainkit hereby grants You permission to use the Content, provided that (i) your use is solely for your personal, noncommercial use (other than purchasing or selling the Goods featured on the Website); (ii) You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. To the extent the Website provides features allowing You to distribute the content by email, social media, or another method, You may distribute the Content using such features. If You violate any of these terms, your permission to use the Content automatically terminates.
4. Rules of Use
As a condition for your use of the Website and Services, You agree (i) not to use the Services for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); (ii) not to engage in any behavior that is violent, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by Gainkit in its sole discretion; and (iii) not to interfere or disrupt the Services or servers or networks connected to the Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any other destructive code. You agree not to engage in price-switching or price-baiting practices when using the Services. Gainkit has the right to interrupt, suspend, or terminate the Services if it suspects that You are engaging in unlawful, fraudulent, or abusive activity. If Gainkit terminates your account or access to the Services for a violation of this paragraph or these Terms of Service, You will not be entitled to reimbursement of monies used to purchase virtual items or return of any virtual items. However, upon termination, You will be entitled to withdraw any unused monies on deposit in your account subject to Gainkit’s charges and fees listed at https://csgo.gainkit.com/faq
5. Relationship of Parties
No joint venture, partnership, employment, or agency exists between You and Gainkit, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.
6. Ownership and Legal Compliance
Seller represents and warrants that he or she owns any Goods listed by Seller for sale on the Website and is compliance with all applicable laws in connection with the sale of such Goods.
7. Account Information
You will need an account to use the Services. In order to sign in and register for an account, you will need to have a Steam account administered by Valve Corporation and available at www.steamcommunity.com. Gainkit is not affiliated with Valve Corporation. You shall protect any passwords and account information and take full responsibility for your own, and any third party, use of your account. If You learn of any unauthorized use of your password or account, contact Gainkit immediately.
10. Payment and Fees
If You choose to sign up for an account and use the Services, You agree to pay and be responsible for all applicable charges and fees for such Services. You can view the current charges and fees associated with the Services at https://csgo.gainkit.com/faq. All fees are set out in U.S. dollars.
To the fullest extent permitted by law, fees paid to Gainkit are non-refundable. In extraordinary circumstances, Gainkit may consider refunding fees paid to Gainkit but is under no obligation to do so and any such refunds are at the discretion of Gainkit. Nothing in these Terms of Service obligates Gainkit to extend credit to any party.
Any request for a refund by Buyer after the escrow transaction has been completed shall be directed initially to Gainkit, who will determine in its sole discretion whether to attempt to resolve or rectify the issue or whether to direct the Buyer. You understand and agree that Gainkit does not, and is under no obligation to, issue refunds.
You acknowledge and agree that You are the owner of any credit card account, PayPal account, Bitcoin account, and/or any other payment method that You submit to Gainkit for payment of Goods. Gainkit requires all Buyers to verify their credit cards through its verification system. You acknowledge and agree that any credit card and related billing and payment information that You provide to Gainkit may be shared by Gainkit with companies who work on Gainkit’s behalf, such as payment processors and/or credit agencies, solely for the purposes of verifying credit card ownership, checking credit, effecting payment to Gainkit, and servicing your account. You agree that Gainkit is not responsible for the actions of any third party payment processors and, in the event of any dispute resulting from the actions of a third party payment processor (such as holds imposed by a third party payment processor), You agree that your sole recourse shall be against the payment processor directly.
To the extent that a Buyer obtains a refund through his or her credit card company or a payment processor used by Gainkit, the Buyer shall be liable to Gainkit for any fees due to Gainkit for the transaction between Gainkit and, as well as any costs, fees, or charges imposed by the payment processor as a result of any chargeback or refund (“Refunded Fees”). At Gainkit’s discretion, Gainkit may (i) invoice or otherwise charge the Buyer for such Refunded Fees; (ii) debit or place a lien on the Buyer’s account for such Refunded Fees; or (iii) subtract such Refunded Fees from any subsequent fees in connection with a subsequent transaction.
In order to use the Services, a Buyer must deposit money into his or her account. The money on deposit in the Buyer’s account may be used to purchase Goods. Upon a completion of a transaction, the money owed to the Seller will be deposited into Seller’s account. Any unused money on deposit in Buyer’s or Seller’s account may be withdrawn at any time subject to the charges and fees for withdrawal set forth at https://csgo.gainkit.com/faq.
Gainkit may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Gainkit shall not be liable for any use or disclosure of such information by such third parties.
11. Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Gainkit of the contents, products, services, or business practices of such third party websites. Gainkit is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
12. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAINKIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GAINKIT DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAINKIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY GOODS LISTED ON THE WEBSITE AND PURCHASED BY YOU. YOU assume all risk for any damage to your computer system or loss of data that results from USE OF the WEBSITE OR services, including any damages resulting from computer viruses. GAINKIT does not authorize anyone to make any warranties on its behalf, and you should not rely on any warranties made by third parties.
13. Limitation of Liability
NEITHER GAINKIT NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, OR APPLICATION, OR (II) THE SALE, PURCHASE, OR USE OF THE GOODS.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF GAINKIT HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR SERVICES; AND/OR (V) ANY GOODS SOLD OR PURCHASED.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
GAINKIT’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO GAINKIT OR $10, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless Gainkit, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Website or Services, (ii) your violation of these Terms of Service, (iii) the sale, purchase, or use of any Goods, (iv) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (v) any submission by You that causes damage to a third party.
You shall cooperate as fully as reasonably required in the defense of any claim. Gainkit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of Gainkit without Ganikit’s prior written approval.
15. Representation of Age and Ability to Accept Terms of Service
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and conditions in these Terms of Service.
In any event, You affirm that You are over the age of 13, as the Website and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Website or Services.
Gainkit may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Website or Services for any or no reason, including, but not limited to, breach of these Terms of Service.
These Terms of Service may not be assigned by You without the prior written approval of Gainkit. Gainkit may assign these Terms of Service without your consent.
If any provision of these Terms of Service is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, arbitrator, or court, and the remaining provisions shall remain in full force and effect.
19. no Waiver
The failure of Gainkit to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by Gainkit. In addition, Gainkit’s waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.
These Terms of Service constitute the complete and final expression of the entire and only understanding between You and Gainkit relating to the subject matter of this agreement and supersedes any prior written or oral representations.
21. Class Action Waiver
Additional Terms and Conditions; EULAs
When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the "G2A Pay services provider") to make a purchase on our website, responsibility over your purchase will first be transferred to G2A.COM Limited before it is delivered to you. G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements and are not subject to the Terms on this website.
We and/or entities that sell products on our website by using G2A Pay services are primarily responsible for warranty, maintenance, technical or product support services for those Products. We and/or entities that sell products on our website are primarily responsible to users for any liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer. G2A Pay services provider is primarily responsible for facilitating your payment.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us by email at email@example.com
Questions related to payments made through G2A Pay services provider payment should be addressed to firstname.lastname@example.org
Where possible, we will work with You and/or any user selling on our website, to resolve any disputes arising from your purchase.