Terms and conditions

This document defines legal (contractual) relations between Kinguin Digital Limited and Users and between Kinguin Digital Limited and Sellers, with Kinguin Digital Limited acting as an administrator of the Site.

This document does not define legal (contractual) relations or terms and conditions between Users and Selling Users and between Users and Sellers.

Definitions

Account - an account kept on the Site for a User, enabling the use of the services offered through the Site and benefits from its full functionalities;

Kinguin Digital Limited - with its registered office in Hong Kong, 8/F On Hing Building, On Hing Terrace, Central, Hong Kong, with a company number 2535963;

Kinguin Integration Service - is a web service provided by the Kinguin.net marketplace. It allows the sellers to integrate their stores with the marketplace and easily import product lists, containing current product attributes and prices determined by the seller himself;

Partner - a legal or a natural person running a business in the form of the internet store or Site;

Seller - an entrepreneur operating in any form who sells their goods or services, including digital content or Physical Products, to Users via the Site. The Seller may also purchase goods/products from other Sellers via the Site;

Site - a group of affiliated websites made available on the Internet from the address: www.kinguin.net;

Service - The service provides to use the web user interface which allows the user to manage his credentials, the view his billings, transactions and submitting the claim tickets;

Terms and Conditions - these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Sellers and Kinguin Digital Limited.

User - any person buying a Product from a Seller or Selling User by using any of the Site’s functionalities and/or who has registered on the Site.

Regulations - present Terms & Conditions of the Kinguin Integration Service as well as the general Terms & Conditions of the Site, the Privacy Policy, the Product Listing Rules and all other terms and conditions in relation to the use and/or operation of the Site that may be published from time to time by Kinguin Digital Limited.

Acceptance and applicability of the Terms & Conditions
1. In order to use the marketplace and the Kinguin Integration Service the User and the Seller hereby agree to and accept these Terms and Conditions in whole and without any reservations.
2. The User hereby confirms that under the domestic laws of his or her country of residence he or she is able to conclude legally binding agreements. The User agrees that he or she is not prohibited from using the Site and services offered on the Site due to the domestic regulations or other restrictions. Users unable to conclude a legally binding agreements with Kinguin Digital Limited or Sellers are hereby asked to refrain from using the Site.
3. The use of the services and/or access to the Site are subject to the Regulations.
4. The User hereby confirms that he or she is at least eighteen (18) years old or has reached another age which entitles him or her to conclude legally binding agreements.
5. In case of the User acting for and on behalf of a third party being a legal person – he or she hereby declares that they are authorized to commit, enter into obligations and incur any liabilities related to the conclusion of the agreement for and on behalf of such third party, and the acceptance of these Terms and Conditions by such User is of the same effect as if they were accepted by such third party.
6. The User hereby admits that Kinguin Digital Limited has the right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, which can be done at its own discretion, at any time through announcement of the changed Terms and Conditions on the Site.
7. By further using such Site and services the User signifies his or her agreement to be bound by all changes that may affect them.
8. The amended Terms and Conditions shall come into effect automatically thirty (30) days after their publication on the Site.
9. In case the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail.
10. When using any services or sending e-mails, the User and the Seller communicate with Kinguin Digital Limited electronically. For contractual purposes, the User and the Seller consent to communicate electronically and they agree that all agreements, notices, disclosures and other communications meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
11. Kinguin Digital Limited provides Users and Sellers with a digital trading Site to exchange information on products and services. In addition, it provides the possibility of establishing, presenting and completing transactions between Users and Sellers via electronic means, including in particular the sales of games and game activation codes to Users by Sellers.
12. Kinguin Digital Limited is neither a party of the agreement between the User and the Seller nor between Sellers - it merely provides assistance and administration services to contractual parties.
13. The technical requirements for the use of the Site include possessing a device with access to the Internet and software necessary to view websites, such as an up-to-date version of web browser, including cookies support.
14. The User is aware that the functionalities available on the Site may differ depending on the country or region, thus certain functionalities may not be available for all Users. The User acknowledges that the access to certain functionalities may be restricted for selected Users.
Users account
1. Any person who wishes to use the functionalities of the Site is obliged to register and set up an account on the Site. In order to complete the registration procedure, a person should fill out the registration form available on the Site.
2. During registration the User is asked to provide current email address, name, surname and place of residence. In case the User is an entrepreneur who wants to sell products or services via the Site, the User is obliged to additionally provide address of residence, phone number, bank account number, the address of their business premises as well as their tax identification number and business registration number. If it is discovered that the User provided an email address that had been already used by him or her when creating another account on the Site, Kinguin Digital Limited has the right to suspend such account. All information provided by you shall be true, accurate, current and complete.
3. Kinguin Digital Limited is entitled to verify the data of the User or the Seller (anytime) by requesting from the User or the Seller proper and valid documents, their copies, scans, etc. Kinguin Digital Limited may request from natural persons a scan of an identification document and from entrepreneurs and legal entities – presentation of documents which confirm: the company address, being entered in the proper register, authorization to representation, VAT identification number. The copies of the documents shall be provided within 14 days from the day of the Kinguin Digital Limited request.
  The lack of providing these documents may be the reason to refuse registration on the Site or be the reason to suspend, block or remove the account.
4. Kinguin Digital Limited will use the documents solely for the purpose of verification of the User compliance with the applicable anti-money laundering regulations and assessment of his tax status. Failure to provide these documents may constitute the reason for refusing registration on the Site or removal of the account.
5. Registration on the Site is equivalent to the User or the Seller having read, understood and accepted the Terms and Conditions and Privacy Policy in full, and has consented to the processing by Kinguin Digital Limited of personal data transferred during the Site registration process – in order to fulfil the services available on the Site by Kinguin Digital Limited, as well as for accounting purposes, for contacting the Users and the Sellers by Kinguin Digital Limited. User who has not registered on the Site is also regarded as having accepted the Terms and Conditions and the Privacy Policy at the moment he or she chose to use any of the functionalities of the Site.
6. After subscription to a Site, Kinguin Digital Limited will open an account and assign an ID and password (to be designated by Users during the registration process) to each registered User. The password can be subsequently changed by the User.
7. User should subscribe for and hold one User account only. Kinguin Digital Limited can close or suspend a User account if Kinguin Digital Limited reasonably suspects that the User has subscribed to or controls two or more user accounts. Kinguin Digital Limited may reject a User registration application without specifying reasons.
8. Each User is personally responsible for keeping secret and safe their own username and password and for all actions taken as part of their account and its outcomes. Neither User is entitled to share, assign or authorise the use of their account, private username or password by any other person whatsoever. The User undertakes to advise Kinguin Digital Limited immediately of each unauthorised use of their password or account or any other violation of security rules in their account.
9. The User acknowledges that sharing their account with other people or giving access thereto to people other than the User’s personnel may cause irreversible damage to Kinguin Digital Limited or other Site Users. The User is obliged to protect Kinguin Digital Limited, our partners, officers, personnel, agents and representatives against losses and damage (including non-financial) caused by the use of their account by multiple Users. The User also agrees that if their account is shared by multiple persons or it is impossible to keep it safe, Kinguin Digital Limited will not be held liable for any loss or damage caused by compromising safety and is entitled to suspend or close such a User account without being liable to the User.
10. The User will be granted access to the functionalities of the Site after entering the ID and password on the login page.
11. The User is not allowed to use the Site to promote any illegal activity or add content that is illegal, in violation of applicable law, obscene, or inappropriate in any other way.
12. In case of any violation of these Terms and Conditions and legal regulations by the User, Kinguin Digital Limited reserves its right and option to block the User’s account.
Users of the Site
1. The User and the Seller should sign in to access and use the Site and all its functionalities.
2. The technical requirement for the use of the Site by the User and the Seller is to possess an operational system-equipped workstation with access to the Internet and standard software necessary to view websites, including enabling the support of cookies.
3. For the correct performance of some of the Site’s functionalities it may be necessary for the User or the Seller to enable Java, Java Script, Flash support etc.
4. Joining the Site, using it and opening a User’s account is free of charge for the Users.
5. Use of selected payment channels may involve payment of commissions or other fees to the payment service providers. The commissions or other fees may vary depending on the payment services provider used to execute the payment. The amount of such commissions or other fees to be charged is indicated on the payment selection page.
6. The User may make payments through the payment channels available on the Site. All the payment channels are described on the Site.
7. The Seller is charged for putting any products on sale on the Site. The Seller may be also charged with other charges and commissions, in particular for payouts. The charges and commissions applicable for Seller are set forth in the Price List constituting an attachment to the Terms & Conditions. Kinguin Digital Limited collects its commission or other charges (if such are due) from the sale price amount. The Seller acknowledges and accepts that, on the basis of the additional agreements with a given Seller, Kinguin Digital Limited may set different amounts of commissions and charges than specified in the Price List.
8. All charges and commissions are denominated in EUR, otherwise changes will be communicated. The amounts of charges and commissions are VAT exclusive and may be increased by the amount of VAT according to the provisions of applicable law.
9. The User is obliged to pay all such fees and taxes relating to his use of the services available on the Site on time. If certain payment method fails or an invoice is overdue, Kinguin Digital Limited reserves its right to demand payment by way of another method of payment including all possible additional costs of such method.
10. Any User who requests to make a payment through one of the payment channels available on the Site acknowledges and agrees that the payment would be made through websites of the payment services providers and that he will duly read and accept the terms and conditions available on such websites before making a payment.
11. In the case of problems related to the payments made through websites of the payment services providers, the User should contact the payment services provider.
12. The User confirms and asserts that the funds used to pay for any products and services offered on the Site come from lawful sources.
13. The User is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his account on the Site.
Obligations of Kinguin Digital Limited
1. Kinguin Digital Limited possesses and operates the Site designed for connecting Users wishing to buy and sell various digital content, especially game activation codes, as well as other products offered by the Sellers on this website or any subdomains.
2. The Site is not an online shop but merely an online platform where Users may conduct transactions between them.
3. Kinguin Digital Limited, unless explicitly expressed in a particular offer, does not purchase digital content or other products from Sellers and does not re-sell them to Users.
4. Kinguin Digital Limited provides Users and Sellers with a digital trading platform to exchange information on products and services. In addition, Kinguin Digital Limited provides the possibility of establishing, presenting and completing transactions between Users and Sellers via electronic means, including the sales of games and game activation codes to Users by Sellers, as well as between Sellers. Kinguin Digital Limited is neither a party of the agreement between the User and the Seller, nor between Sellers - it merely provides specific assistance and administration services to Sellers and Users.
5. Under the condition of meeting the requirements specified in the Regulations by the Seller, Kinguin Digital Limited shall provide every Seller with the opportunity to sell the product on the Site.
6. By enabling the product by the Seller on the Site he or she authorizes Kinguin Digital Limited to present the product on the Site as an invitation to enter into agreement by Users willing to purchase the product at a price determined by this Seller. As such it does not constitute a sales offer within the meaning of the civil law.
7. If the User expresses the will to buy a product, he or she acknowledges that the Seller may be entitled to withdraw from concluding a contract of selling the product according to delivery and payment authorization preferences chosen by the Seller.
8. Kinguin Digital Limited shall provide the Users and the Sellers with technical support in case of encountering problems with the functionality of the Site or Account.
9. Within the scope permitted by law, Kinguin Digital Limited reserves the possibility of temporary unavailability of the access to the Site or to accounts, which may occur due to modernization works conducted or technical problems. Where technical problems arise, Kinguin Digital Limited hereby commits to deal with them as soon as possible.
10. All rights not expressly granted to the Users in the Regulations are reserved and retained by Kinguin Digital Limited or their owners, licensors, suppliers, publishers or other authorized persons.
Forbidden actions
1. Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Seller is obliged to notify the Site's operator thereof (to the e-mail address: [email protected] or via registered mail to the address of Kinguin Digital Limited), indicating and submitting:
  1. the exact location of the data;
  2. the right violated;
  3. circumstances and evidence proving the legal title to bring an action in terms of the violated right and a statement under the penalty of perjury to the effect that such person is the sole person entitled to the data found on the Site (in particular games or game codes) and that the Seller has no right to them;
  4. his or her personal data (name, surname, business name, registered office address or residence address, e-mail);
  5. a personal data processing statement consenting to processing for the purposes of the notice and takedown procedure.
2. Following the receipt of a notification, Kinguin Digital Limited shall immediately block access to the data indicated in the notification (in particular, it shall delete them) and – as far as possible – it will notify the Seller responsible for uploading the data through the Site, that such notification and claim by a third party has been submitted.
3. The Seller may submit their reply to the notification delivered by Kinguin Digital Limited and evidences confirming its rights to distribute, make available etc. the data mentioned in the notification, in particular evidencing copyrights, licenses or ownership rights to the games and game activation codes.
4. The Seller who notified Kinguin Digital Limited of the violation of his or her rights shall exercise due care so that any disputes in terms of the rights to data uploaded/made available on the Site by the Seller were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:
  1. uploaded back to the Site without amendments;
  2. uploaded back to the Site, amended in accordance with the changes agreed by the parties;
  3. permanently removed from the Site.
    Any agreements between the parties allowing for the data to be uploaded back to the Site shall be made in writing, signed by the authorized persons and sent as an original to Kinguin Digital Limited.
5. In case it is impossible to determine the Seller responsible for publication of third party's data or their distribution on the Site etc., or the Seller does not submit any reply to the notification of third party's claim within 14 (fourteen) days from its receipt from Kinguin Digital Limited, or does not submit any evidence on having rights to publish, distribute the data etc. within that period, such data will be permanently removed from the Site.
6. The User acknowledges and accepts that it is strictly forbidden to, and asserts that he will refrain from:
  1. using the Site for purposes other than the use of services offered by Kinguin Digital Limited on the Site, specified in the Regulations;
  2. using the Site for purposes not permitted by domestic or international law or aimed at the violation of such laws or third party rights, including intellectual property rights, copyrights, personality rights, or rights relating to personal data protection;
  3. publishing false or misleading information, which may be detrimental to or may expose Kinguin Digital Limited, any User or third parties to any harm or damages;
  4. impersonating another person or entity, whether existing or fictional or falsely maintaining to be related to any other person or entity, which may be caused or may expose Kinguin Digital Limited, any User or third parties to any harm or damages;
  5. defaming, offending or deceiving other Users of the Site;
  6. breaking the Site’s source code or any parts thereof, manipulating it in any way or modifying, adapting, translating the Site or any parts thereof, or creating any derivative works on its basis;
  7. circumventing or disabling the Site’s security;
  8. disturbing the Site’s activity or disturbing other Users in using the Site, in particular by uploading and circulating viruses or any other detrimental software such as adware, spyware, etc;
  9. discovering access passwords of other Users or breaking into the accounts of other Users, including any attempts thereto;
  10. making payments with the use of funds from unlawful or undisclosed sources, in particular coming from other people or stolen credit/debit/prepaid cards;
  11. using the Site for money laundering purposes or any related fraudulent or criminal activities.
7. Any person whose rights were violated by any content published on the Site is obliged to notify Kinguin Digital Limited of the violation at the following email address: [email protected]. The notification and the following steps have been explained in points 4.1 to 4.5 above.
8. Where Kinguin Digital Limited will receive any notification from competent authorities or credible information is submitted on the illegal nature of the data/product available on the Site, Kinguin Digital Limited will immediately disable any access to such data.
9. Kinguin Digital Limited is entitled to remove specific data from the Site or prohibit transmitting, posting or storing etc. if we find them illegal or unlawful. We can also prevent adding certain data or selling certain products on the Site if we’ll receive reliable information that such actions are in conflict with the Regulations or statements given by the Seller.
Kinguin Integration Service
1. Kinguin Digital Limited grants the User a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Kinguin Integration Service in the manner permitted by and subject always to these Terms and Conditions.
2. The User is entitled to implement the Kinguin Integration Service to his or her external online store. The aforesaid implementation allows the User to sell goods and/or services which are offered on the Site by Seller on User’s external online store.
3. In order to implement the Kinguin Integration Service, the User is obliged to provide Kinguin Digital Limited with the User’s store URL address. The User is obliged to offer goods and services offered on the Site by Seller solely by the website to which the aforesaid URL address has been provided to Kinguin Digital Limited.
4. In order to implement the Kinguin Integration Service by the User on external online store, the User is obliged to complete the entire anti-money laundering and the financing of terrorism process conducted by Kinguin Digital Limited. To be compliant with worldwide anti-money laundering and the financing of terrorism procedure, Kinguin Digital Limited is authorized to ask the User for personal and/or registration data, including but not limited to name, surname, nationality, address, company name and registered office, form of activity, valid e-mail address, data of a contact person, phone number, VAT identification number etc.
5. User who implemented the Kinguin Integration Service is required to maintain an appropriate and adequate level of balance on the User’s Account for the whole cooperation period with Kinguin Digital Limited to meet all external buyers delivery and sale requirements for goods and/or services offered on the Site. The transaction between the Seller and the User who implemented the Kinguin Integration Service is done when Kinguin Digital Limited receives funds for sold goods and/or services and the alphanumeric CD-key has been displayed or delivered to the User.
6. When an external buyer purchases any items or services via the Kinguin Integration Service on the User’s external online store, the User’s Account shall be immediately charged with the price which shall be paid for the purchased item and/or service on the Site.
7. For the avoidance of doubt, Kinguin Digital Limited will not collect any payment from an external buyer who purchased an item or service via an external online store where the Kinguin Integration Service has been implemented. The User is fully responsible for the collection of payment for sold goods and/or services.
8. The User who implemented the Kinguin Integration Service or external buyer who purchased goods or services on an external online store where the Kinguin Integration Service has been implemented are not entitled to receive cashback or any other benefits due to any transaction related to goods and/or services offered on the Site.
9. Each User is entitled to have only one account with implemented the Kinguin Integration Service.
10. The User is responsible for restricting access to goods and/or services provided via the Kinguin Integration Service content in accordance with all applicable laws and regulations, including geo-filtering or age-gating access where required.
11. The User who implemented the Kinguin Integration Service is aware that Kinguin Digital Limited hereby expressly declines all warranties, including but not limited to any product or service description, warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose of the goods and/or services sold by the Sellers.
12. Kinguin Digital Limited makes no warranty regarding any products and/or services that may be or which are purchased or obtained, or any transactions entered into through the Kinguin Integration Service.
13. Any complaints regarding sold goods, services or the Kinguin Integration Service should be reported by the User via the support center handled by Kinguin Digital Limited.
14. For the avoidance of doubt, Kinguin Digital Limited shall not at any time be obliged to provide any modifications to the Kinguin Integration Service, including, without limitation, any updates and/or upgrades to the Kinguin Integration Service or any new versions and/or releases of the Kinguin Integration Service which result in new features.
15. The User is not authorised to:
  1. sell, resell, assign, sublicense, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis or publish the Kinguin Integration Service or any part thereof in any form by any means to any third party, for monetary benefit or any other consideration;
  2. interfere with or disrupt the Kinguin Integration Service or the servers or networks providing the Kinguin Integration Service or any part thereof;
  3. reverse engineer or extract, or attempt to reverse engineer or extract, the source code from any the Kinguin Integration Service;
  4. change, modify, add or remove portions of the Kinguin Integration Service source code;
  5. use the Kinguin Integration Service in a manner which:
    contravenes any applicable laws and regulations;
    
    promotes or facilitates any form of material or activity which Kinguin Digital Limited deems objectionable or would subject itself to reputational risk, including, without limitation, gambling, obscenity, pornography, prostitution, drugs, crime, cruelty, violence and any other objectionable materials or activities;
    
    delete or alter any trade names, trademarks, logos, domain names and/or other attribution to Kinguin Digital Limited’s brand, which are provided due to the use of the Kinguin Integration Service.
  6. Any breach of the aforesaid requirements or restrictions shall result in immediate and automatic termination of all rights and license granted hereunder. The use restrictions set out herein shall survive the termination of the Regulations, including these Terms & Conditions.
  7. Within the external online store where the Kinguin Integration Service has been implemented, the User must also:
    abide by all applicable laws and regulations related to conduct the User’s online store;
    
    not use any photos, graphics or descriptions and specifications made available on the Site; They are only for a demonstrative reasons;
    
    not impersonate any person or entity, or discordantly state or otherwise misrepresent his or her affiliation with any person or entity;
    
    not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another’s computer or equipment;
    
    not post, promote or transmit any unlawful, harassing, defamatory, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
  8. On online store where the Kinguin Integration Service has been implemented, the User may not:
    use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or outsmart the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  9. If the User becomes aware of any issues with the Kinguin Integration Service that result in improper functioning of the Kinguin Integration Service, the User is obliged to inform Kinguin Digital Limited instantly in this regards. If no such notice is provided, the Kinguin Integration Service cannot be held responsible for the due consequences.
  10. Kinguin Digital Limited shall not be liable for any errors or delays in the Kinguin Integration Service, the external online User store, or for any actions taken in reliance thereon.
  11. The User understands and agrees that the User will use the Kinguin Integration Service at his or her own discretion and risk and that he or she will be solely responsible for any damages that arise from use of the Kinguin Integration Service.
  12. The Kinguin Integration Service is provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH the Kinguin Integration Service, OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH the Kinguin Integration Service.
  13. Without prejudice to the generality of the foregoing, Kinguin Digital Limited does not warrant:
    the accuracy, timeliness, adequacy or completeness of the Kinguin Integration Service;
    
    that the User's use of and/or access to the Kinguin Integration Service will be uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
    
    that the Kinguin Integration Service will meet the User's requirements or is free from any virus or other malicious, destructive or corrupting code, agent, program or macros;
    
    that use of the Kinguin Integration Service by the User will not infringe rights of third parties.
  14. Kinguin Digital Limited shall in no event nor for any reason whatsoever be liable, even if Kinguin Digital Limited has been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special or consequential damage or economic loss arising from or in connection with:
    any access, use or the inability to access or use the Kinguin Integration Service;
    
    any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros;
    
    any use of or access to any other website or webpage linked to the Kinguin Integration Service or provided through the Kinguin Integration Service;
    
    any services, products, information, data, software or other material made available, obtained or downloaded from the Kinguin Integration Service or from any other website or webpage linked to the Kinguin Integration Service or from any other party referred by the Kinguin Integration Service or through the use of the Kinguin Integration Service;
    
    Users use or misuse of the Kinguin Integration Service.
  15. In no event shall Kinguin Digital Limited be liable to the User, or any other party for:
    amounts due from other users of the Kinguin Integration Service in connection with the purchase of any products/services;
    
    damages arising in connection with the use of the Kinguin Integration Service by the User or other third party;
    
    sales, customs and/or import or export taxes if applicable.
  16. The User agrees to indemnify and hold Kinguin Digital Limited and its associated companies (as well as any of their officers, directors, agents, employees and licensors) harmless from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including legal fees) arising out of or relating to the User’s use of the Kinguin Integration Service.
  17. The User will cooperate fully in the defense of any allegation or third-party legal proceeding.
  18. Kinguin Digital Limited reserves the right to assume the exclusive control and defense of any indemnified matter under Clause 6.
  19. Notwithstanding the foregoing, the total liability of Kinguin Digital Limited against the Sellers is limited to the amount of EUR 500. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained by the User.
  20. All claims arising from the use of the Kinguin Integration Service have to be raised within fourteen (14) days after the date on which a problem occurs.
  21. Each Party, in its sole discretion, may terminate the agreement related to use the Kinguin Integration Service within 14 (fourteen) calendar days’ notice period.
  22. Kinguin Digital Limited is entitled, at its own discretion, to block access to the Kinguin Integration Service or terminate this part of the agreement if the User does not comply with the law or provisions set forth in the Regulations.
  23. Upon termination of the agreement related to the use of the Kinguin Integration Service for any reason whatsoever, all rights and/or licenses granted to the User under these Terms and Conditions shall immediately cease and terminate and the User shall forthwith cease the access and use of the Kinguin Integration Service in any way whatsoever.
  24. Termination of the agreement related to the use of the Kinguin Integration Service for any reason:
    shall not affect the User’s obligation to make full payment of any fees payable if such fee has not already been paid;
    
    shall not bring to an end the User’s obligations or Kinguin Digital Limited’s rights under any provisions of these Terms and Conditions which are meant to survive the termination.
  25. In the event of any agreement related to use the Kinguin Integration Service for any reason whatsoever, the User shall not be entitled to any refund of any of his or her payments pursuant to these Terms and Conditions.
  26. Using Kinguin Digital Limited’s brand to be visible on the User's online store, e.g. "Powered by Kinguin" label, should be obligatorily consulted with account manager (if designated to the given User) or requested through [email protected].
Liability
1. With regard to the Users, who do not act as consumers, and within the scope permitted by law, Kinguin Digital Limited's responsibility shall be excluded in relation to:
  1. any damages resulting from the use of the Site, accessing it or the inability to use the Site by a User due to force majeure or any other reasons beyond Kinguin Digital Limited control, including damages caused by viruses which may be transferred to the Site or through the Site by third parties;
  2. the infringement of law in force, Regulations or any third party rights by the User, in particular in relation to any damages caused to third parties by the Sellers as a result of violating copyrights, industrial property rights or personal data protection; for any demands in relation to transmission, distribution, publication, offering, presentation of data to which the Seller does not have copyrights or any other required titles;
  3. implications of any access data or private information being accessed by any third party in an unauthorized manner, if it occurs due to reasons related to the User, in particular by reason of the User making his password available to third party;
  4. any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that Kinguin Digital Limited is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
  5. violation by the User of these Terms & Conditions, including submission of false data or submission of false statements or providing access to private data or information to the third party;
  6. any actions taken by Kinguin Digital Limited in relation to the User or the Seller linked to any their infringement of the law in force or Regulations, particularly such as account blockade or stopping access to the Site, limitation of possibilities to use specific services of functions within the Site;
  7. any harm, damage, claims, compensation, nonpecuniary damages in relation to claims of one User against another User;
  8. any harm, damages, claims, compensation, nonpecuniary damages, physical and legal defects of Products and services sold through the Site by the Sellers against Users;
  9. the Products purchased on the Site not meeting the description provided by the Seller in terms of quality, legality, durability, functioning, lack of legal and physical defects, including potential infringement of third parties' rights, in particular related to copyrights, or not being fit for their purpose.
2. Kinguin Digital Limited shall not bear any responsibility against any third parties, related in particular to non-performance or improper performance by the Seller of his agreement with the User, or to any delict committed by the Seller, any infringement by the Seller of the law in force or related to any false information, assurances or statements submitted by the Seller.
3. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to Kinguin Digital Limited, related to the Sellers' behaviour specified above, the Seller is obliged to take full responsibility against these entities, which means in particular that the Seller shall bear any and all costs related thereto and borne by Kinguin Digital Limited or to which Kinguin Digital Limited will be forced through any kind of commitment, including where legal advice will be sought or any fees, damages, fines, penalties, notice charges, costs related to personal presence at court or in front of any authority etc.
4. Where third parties file any claims against Kinguin Digital Limited related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace Kinguin Digital Limited in such proceedings or shall act as a third party respondent.
5. Kinguin Digital Limited does not guarantee that any Seller or any User is capable of concluding an agreement through the Site, and in particular that such agreement will be performed.
6. Kinguin Digital Limited is not responsible against Users and Sellers for any non-performance or improper performance of the agreement neither by the User against the Seller nor by the Seller against the User.
7. Kinguin Digital Limited shall not be liable against the Users for the products and services sold through the Site by the Sellers, including for whether they are fit for purpose, for their quality, legality, legal and physical defects.
8. To the fullest extent permitted by law, all services provided by Kinguin Digital Limited on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis.
9. Kinguin Digital Limited hereby expressly declines all warranties, including but not limited to any warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose of the products and services sold by the Sellers, unless consumers' rights protection laws provide otherwise.
10. The limitations and exclusions of liability under Regulations apply to the fullest extent permitted by law and will be effective regardless of giving notice to Kinguin Digital Limited that such damage may occur.
Intellectual Property and personal data protection
1. Kinguin Digital Limited owns all intellectual property rights to the Site and grants the Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services offered by Kinguin Digital Limited (with the exception for the services dedicated directly for the commercial usage).
2. This license refers strictly to the functionalities of the Site and does not concern any licenses to digital content, especially game activation codes offered via the Site by Sellers. The licenses to digital content, especially game activation codes may be granted upon discretion of their owners or other authorized persons.
3. All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by Kinguin Digital Limited or their owners, licensors, suppliers, publishers or other authorized persons.
4. The User must not misuse the Kinguin Digital Limited services. The User may use the Kinguin Digital Limited services only as permitted by law. Users and Sellers are not allowed to use them in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.
5. Any texts, graphic materials, interactive functions, logos, photographs, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by the Users or the Sellers, as well as the selection, organization, coordination, compilation of such materials and the general outline and nature of the Site constitute intellectual property of Kinguin Digital Limited.
  They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for Kinguin Digital Limited. Any trademarks, marks and trade names constitute Kinguin Digital Limited property.
6. Without explicit consent of Kinguin Digital Limited, the User and the Seller must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise.
7. It is forbidden to retrieve the Site content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission of Kinguin Digital Limited. The use of any content or materials available from the Site for purposes not specified in this Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other (All Rights Reserved). These materials constitute works which are protected under international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.
8. By posting or publishing their own content and materials on the Site or by distributing them in any other way to Kinguin Digital Limited or its partners, the User or the Seller, within the scope permitted by law, grants an irrevocable, permanent and free license to use the said materials in any way and in any place by Kinguin Digital Limited.
9. The license also covers the right to present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related to or otherwise using the User content in any way and for any purpose whatsoever that might be beneficial to the operation of Kinguin Digital Limited, currently or in the future. The User acknowledges and warrants to Kinguin Digital Limited that he or she has sufficient means and rights to ensure such license.
10. Personal data protection matters have been clarified in the Privacy Policy.
Complaints procedure
1. The User has the right to file complaints connected with the services provided by Kinguin Digital Limited.
2. All complaints should be sent in a written form to 8/F, On Hing Building 1, On Hing Terrace, Central, Hong Kong. All complaints shall be resolved within fourteen (14) days from the date of their delivery to Kinguin Digital Limited. The complaint may be also sent by email to the following email address: [email protected]. Replies shall be sent to the address from which the complaint has been received or any other given by the complaining party.
3. If the User has complaints about the product he or she has bought, he or she may file a complaint directly to the Seller with the help of Kinguin Digital Limited. In such case Kinguin Digital Limited only helps in initiating the complaint procedure and does not resolve the complaint.
4. Any objections connected with the complaint procedure should specify the User that files such objections, detailed description of the problem, any evidence which may serve to prove the problem and the suggested resolution satisfactory for the User.
Termination
1. The agreement between the User and Kinguin Digital Limited on the provision of services specified in point 6, providing a teleinformatic Site and certain functions of the Site is concluded for an unspecified period of time.
2. The User and Kinguin Digital Limited have the right to terminate the agreement.
3. Termination of the agreement by Kinguin Digital Limited is made through the deletion of the User’s account or blocking User’s access to the Site. Removal of the account or blocking User’s access to the Site may be made fourteen (14) days after information is sent to the User’s e-mail address regarding the blocking or termination.
4. In case of gross violation of the terms of the Regulations by the User, Kinguin Digital Limited has the right to terminate the agreement with an immediate effect through an immediate removal of User’s account or blocking his access to the Site.
5. Termination of the agreement by the User is made through removal of his account. The User may at any time electronically request removal of his account by Kinguin Digital Limited. Kinguin Digital Limited is obliged to remove the account without any delay, no later than within thirty (30) days from the receipt of the User’s request.
6. If the termination of the agreement has been made by Kinguin Digital Limited, the User cannot create another Account on the Site without Kinguin’s Limited prior consent.
7. Kinguin Digital Limited has the right to temporarily suspend access to the User’s Account if its security is compromised in any way or if significant violations of this agreement or the law (by the User) are discovered. Within the law, Kinguin Digital Limited is not responsible for a temporary lack of access to the User’s Account, especially for the inability to sell products.
Final provisions
1. Unless otherwise stipulated in the additional arrangements, the Regulations constitute the entire agreement between the User and Kinguin Digital Limited in respect of User managing and using the Site and services and supersede all previous agreements, either oral or in writing, regarding the same subject.
2. Neither User nor the Seller may transfer their rights, obligations or claims arising hereof to any third party without prior written consent of Kinguin Digital Limited. The Users and the Sellers hereby consent to and agree that Kinguin Digital Limited may transfer the rights and obligations arising from the agreement between Kinguin Digital Limited and the Sellers and/or the Users to a third party, including the consent to transfer their personal data processed by Kinguin Digital Limited.
3. The processing of any data received by the Kinguin Digital Limited of the Site in relation to its functioning is made in accordance with the Privacy Policy and the User agrees to it when accepting these Regulations. Kinguin Digital Limited may transfer the rights and obligations arising from the agreement between Kinguin Digital Limited and the Seller and/or the User to a third party, to which the User and the Seller agree.
4. Any communication with Kinguin Digital Limited as well as any comments and remarks on Users or Sellers violations of the Regulations shall be made by e-mail to the address: [email protected].
5. Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.
6. Due to local laws and restrictions that may be present in the User’s jurisdiction, not all features of the Site may be available and as such, some terms and conditions may not be applicable.
7. Section headings and other headings in this Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation thereof.
8. The unenforceability of any right Kinguin Digital Limited may have or its waiver of any violation against the provisions of the Regulations do not constitute a waiver of the claim to enforce such a right or a waiver by Kinguin Digital Limited of its right to claim such enforcement in respect of subsequent or similar violations.
9. Without prejudice to the provision of law applicable in relations with the consumers, the Regulations and any other documents related to the functioning of the Site and services rendered through the Site are governed by and should be interpreted in accordance with the laws of Hong Kong.

Terms and conditions

Definitions

Acceptance and applicability of the Terms & Conditions

Users account

Users of the Site

Obligations of Kinguin Digital Limited

Forbidden actions

Kinguin Integration Service

Liability

Intellectual Property and personal data protection

Complaints procedure

Termination

Final provisions