Terms Of Use

Terms Of Use


Introduction

PixelMarket is a virtual item marketplace that allows users to offer, sell and buy products. As a marketplace, PixelMarket does not own or sell the items listed on this site. PixelMarket does not provide item sales or in-game services. The actual contract for sale is directly between Customers (buyers) and Vendors (sellers). While PixelMarket may help to facilitate the resolution of disputes between Customers (buyers) and Vendors (sellers), PixelMarket has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of Users’ content or listings; the ability of vendors to sell items; the ability of customers to pay for items; or that a customer or vendor will actually complete a transaction or return an item.




1. Accepting the Terms of Service

By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in the Terms of Service as a User. You shall be bound by the terms and conditions of the Terms of Service with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of the Terms of Service, please do not use this Site. You may not use the Site and may not accept the terms of the Terms of Service if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are a resident or from which you use the Site. Before you continue, you should print off or save a local copy of this page for your records. By registering an account on this Site, you agree to the Terms of Service, as well as all policies.




2. Changes to the Terms of Service

PixelMarket may make additions or changes to any policies or the Terms of Service at any time for any reason. The changes and restated Terms of Service and/or policy shall be effective immediately upon posting. Posting by PixelMarket of the changed and restated Terms of Service or policy and your continued use of the Site shall be deemed to be an acceptance of the amended terms.




3. Definitions

  • PixelMarket Content
    - Information, text, images (excluding third party content), video clips, directories, files, databases or offers available on or through the Site are hereinafter referred to as "PixelMarket Content.”

  • Registered User
    - Each User who has filled out a registration form on the Site by giving User information (such as email address, username, password, gender, birthday, etc.) is a registered user (“Registered User”) of PixelMarket. PixelMarket will establish an account ("Account") for each Registered User on the Site and each Registered User will be assigned a user alias ("User Name") and password ("Password") for log­in access to its Account on the Site.

  • Third Party Content
    - Any content including, but not limited to, text, images, information and video clips that is posted or provided by Users or third parties, hereinafter referred to as “Third Party Content.”

  • Third Party Rights
    - Third party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights."

  • Third Party Risks
    - The risks assumed by Users when using the Site or conducting transactions are deemed "Transaction Risks." Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to:
    1. Misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract.
    2. Risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by Third Party Rights claimants.
    3. Risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to a product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products.

  • User
    - Any person who accesses the Site for whatever purpose, regardless of whether said User has registered with PixelMarket as a registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.



4. Representations and Warranties


Each time you access PixelMarket.net, you irrevocably and unconditionally represent and warrant that:

  • You are above 18 years old. Should you be less than 18 years old, your parents are aware and have consented to you accessing the Site and using the Services.
  • Your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information.
  • You shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party.
  • Save as otherwise permitted by PixelMarket, you shall not, directly or indirectly, use the Services for any commercial purposes.
  • You shall not use the Site or the Services (any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties.
  • You shall not use any intellectual property belonging to PixelMarket or any publishers listed on the Site, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of PixelMarket.
  • You shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Site or the employees of PixelMarket.
  • You shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the Site.



5. Use of the Services


  • You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Site and the ensuing use of the Services.
  • You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Site.
  • It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that PixelMarket may issue from time to time.
  • PixelMarket shall not be liable for any errors, losses or damages caused by your use of the Services.
  • It is your responsibility to secure the information of your Account.
  • Any notification or confirmation received by PixelMarket from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
  • PixelMarket shall not be liable for acting on the notification or confirmation sent through your Account. PixelMarket shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by PixelMarket notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify PixelMarket upon receipt of incomplete, garbled or inaccurate data or information from PixelMarket.
  • You shall also immediately notify PixelMarket upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
  • You acknowledge and agree that PixelMarket may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof, i.e. blocking/banning.
  • You irrevocably and unconditionally agree that once you, as a Buyer, confirm that the delivery of your item/service is complete, you are not entitled to any refund and may only dispute if your purchase is changed or altered as a direct result of the carelessness of the seller. Confirming delivery of your item translates directly to PixelMarket that you have received your item/service in full and the seller can now be paid.
  • Unless otherwise permitted by PixelMarket in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Site or directly to other users of the Site.
  • You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Site.
  • You irrevocably and unconditionally allow and permit Site to send to your Account updates on services and events offered or provided by PixelMarket.



6. Virtual Items


  • All Virtual Items reflected in the Account are not actually owned by you.
  • You merely have a licence to use the Virtual Items on the Portal (or any of them) in accordance with such terms as PixelMarket may impose from time to time.
  • The value of the Virtual Items reflected in the Account does not represent any credit value in real currency. The Virtual Items cannot be exchanged for real cash.
  • Unless otherwise permitted by PixelMarket in writing, you are prohibited from selling, transferring or otherwise dispose of the Virtual Items to any other persons, whether within or outside the confines of the Site (or any of them).
  • Virtual Items are just that, virtual. Any edits or deletion to said Virtual Items as a result of the developer of their respective game is not the responsibility of PixelMarket. PixelMarket maintains the right to not allow refunds as a result of edits or deletions after the sale of these Virtual Items. Warnings and tips will be placed around the site regarding this issue.



7. Payments


  • You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services through the Account.
  • PixelMarket shall be entitled to vary or modify or remove the modes of payment available on the Site at any time without prior notice to you.
  • PixelMarket shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.



8. Sale of Items


You may list and sell your Items on PixelMarket in accordance with the procedures set out herein.
PixelMarket may at it absolute discretion:

  1. remove or suspend, without any notice to you, any of the Items listed by you if PixelMarket is of the opinion that you have breached the terms of these Terms of Use viz-a-viz such Items;
  2. categorise you into the relevant group of sellers based on PixelMarket criteria.

By listing the Items on PixelMarket, you have acknowledged and confirmed that:

  1. these items are, to the best of your knowledge, created legitimately and run no risk of being deleted from their respective game;
  2. you are the legal and beneficial owner of the Items; and that you have permission to the usages of any pictures that you have uploaded;
  3. you have the right to list and sell the Items;
  4. you are able and ready to transfer title and interest in the Items to the Buyer as and when the Buyer makes payment to PixelMarket;
  5. you warrant and represent to all persons viewing the Items on the Site that the Items are accurately described, good quality and fit for their respective purpose; and
  6. you are licensed to use the intellectual property contained or comprised in the Items and/or pictures and you have not infringed any third-party intellectual property rights.
  • You acknowledge and agree that PixelMarket is merely acting as a provider of the Site which enables you to use the Marketplace. PixelMarket shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to you in respect of the obligations on the part of the Buyer to pay the price of the Purchased Item and the amount of such payment.
  • You shall resolve directly with the Buyer, any claims or complaints made by the Buyer in respect of the price, quality and condition of the Purchased Items.
  • You shall be liable for all claims in relation to and in connection with the Purchased Items, including, without limitation, defective quality and misdescription of Purchased Items.
  • You shall deliver the Purchased Item to the Buyer upon notification to you via the Vendor Panel that the Buyer had paid to us, the purchase price of the Purchased Item. Such delivery of Purchased Item shall be in accordance with PixelMarket’s delivery procedures.
  • In amplification, all communication tools provided by PixelMarket are strictly for performing the delivery of the Purchased Item to the Buyer. You are not permitted to use such communication tools for any other purposes.
  • You shall indemnify and keep PixelMarket indemnified in respect of loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained or incurred by PixelMarket as a result of a breach of warranties or representations or any terms and conditions of these Terms of Use by you or your failure to perform any of your obligations under these Terms of Use.
  • Upon PixelMarket satisfactory receipt of the requisite documents and confirmation from you as evidence that you had delivered the Purchased Items to the Buyer in accordance with PixelMarket’ delivery procedures, PixelMarket will credit the purchase price of such delivered Purchased Items into the Paypal account that is set within the Vendor Panel, by the Seller, after deducting the handling costs and fees due and payable by you to PixelMarket for such delivered Purchased Items Provided Always that PixelMarket has not received any notice of dispute from the Buyer.
  • In this respect, you hereby irrevocably and unconditionally agree and authorise PixelMarket to make such deductions of handling costs and fees from the purchase price of such delivered Purchased Items. For the avoidance of doubt, any payments made by PixelMarket to the Account shall be in accordance with the timeframe and cut-off time determined by PixelMarket, subject to such variation or modification as PixelMarket shall in it absolute discretion determine from time to time.
  • If you fail to resolve a dispute with the Buyer in regards to Clause 19, and such dispute's resolution must be made by PixelMarket , you hereby irrevocably and unconditionally authorize PixelMarket to make a final decision at its absolute discretion.
  • If PixelMarket resolves the dispute:
    1. in favour of the Buyer, then, you hereby unconditionally and irrevocably authorize PixelMarket to refund to the Buyer all payments made by the Buyer in respect of the Purchased Items forming the subject-matter of the dispute. You shall bear all costs and fees incurred by PixelMarket in making such refund to the Buyer; or
    2. in your favour, PixelMarket shall then release to you, the purchase price of the Purchased Items forming the subject-matter of the dispute after deducting all costs and expenses incurred by PixelMarket in resolving the dispute.



9. Store Credit / Reward Points


  • You shall agree that any and all forms of Store Credits and/or Reward Points obtained from PixelMarket, have no cash value.
  • You shall not attempt to trade Store Credits and/or Reward Points to any other User, persons outside PixelMarket, or third-parties for cash value.
  • All Store Credits and/or Reward Points must be used within the confines of the PixelMarket Site.



10. Limitation of Liability


  • You agree and confirm that you shall not hold PixelMarket, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the MarketPlace or these Terms of Use.



11. Intellectual Property Rights


  • All copyrights, trade marks, service marks belong to the corresponding owners/publishers and PixelMarket is not related or associated to any of the said owners/publishers in any respect. All services offered on PixelMarket are offered by the Sellers, not PixelMarket.
  • PixelMarket does not offer any services (Powerleveling, Boosting,), virtual accounts, virtual items or virtual currencies. These are all offered by the Seller.
  • PixelMarket does not own or claim to own any images placed on the site except those designed by PixelMarket. All images uploaded by Users, are the property of the User or their respective owners.



  • 12. Reliability of Network


    • You are aware that all transactions conducted on PixelMarket are through telecommunication and data network.
    • You are fully aware that your receipt of the notification from PixelMarket and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that PixelMarket cannot guarantee the prompt delivery of such notification or confirmation.
    • You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.



    13. Account


    • You shall immediately notify PixelMarket if you are aware or believe your Account has been hacked or compromised.
    • You shall be liable for all transactions conducted through your Account at any and all times.



    14. Disclosure of Information


    • PixelMarket shall be entitled and you irrevocably and unconditionally consents and authorises PixelMarket to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the MarketPlace to such extent that PixelMarket may at its absolute discretion deem fit to:
      1. such persons as PixelMarket may be required to disclose under the applicable law;
      2. such other persons or entity pursuant to any governmental directive or order of the court; or
      3. any other party whomsoever as PixelMarket deems fit.
    • Save as otherwise permitted, PixelMarket will not disclose your personal information to any other party without prior notification to you.



    15. Applicable Laws and Regulations


    • Your use of the Marketplace shall be governed by the jurisdiction where the contracting entity of PixelMarket is domiciled.
    • Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Marketplace.
    • You shall fully indemnify, defend and hold PixelMarket and its related corporations harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision of this Clause 15.



    16. Suspension, Termination, Cancellation of Services


    • Access to the Marketplace (or any part thereof) may be cancelled by PixelMarket at any time without prior notice to you. After cancellation, the Marketplace (or any part thereof) may be reinstated in such manner and on such Terms of Use as PixelMarket may at its absolute discretion determine.
    • PixelMarket reserves the right at all times to suspend or block access to and use of the Marketplace (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that PixelMarket may at its absolute discretion determine.
    • Upon cancellation or termination of the Marketplace (or any part thereof):
      1. all rights granted to you hereunder shall immediately terminate and shall revert to PixelMarket;
      2. you shall immediately pay to PixelMarket all outstanding fees and charges due and owing to PixleMarket;
      3. PixelMarket may at its absolute discretion, decide not to act on any request received by PixelMarket after the effective date of termination;
      4. PixelMarket may at its absolute discretion, decide not to act on any confirmation or request received by PixelMarket between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
      5. you hereby irrevocably and unconditionally authorises PixelMarket to deduct all money due and owing by you to PixelMarket (if any) from the moneys that are payable by PixelMarket to you in respect of the delivered Purchased Items.



    17. Reviews


    • You shall agree to submit reviews only after Purchase of Item, and only to the Seller in which the Item was Purchased from.
    • Use of deragatory language that is could be deemed harmful or offensive is not be used.
    • Wrongful use (as deemed by PixelMarket) can result in termination or blocked access to PixelMarket.



    18. Refunds


    • Refunds will be provided in the following instances only:
      1. When, due to site error, the items a customer ordered are incapable of being delivered
      2. When, due to site error, the items a customer ordered were vastly different than described.
    • In instances where a refund is processed, and the user has possession of some or all of the items in question, the user must return the items before the refund will be granted. The eligibility of an order for a refund is entirely up to the opinion of PixelMarket.



    19. Disputes


    When an event arises in which a Buyer claims they have not received an item even though a Seller has confirmed a successful trade, they may open a ticket via their Account to dispute the transaction. If both Buyer and Seller confirm a successful trade, there can be no dispute. Sellers asking for Buyers to confirm a successful trade before the trade is complete will result in the Seller being blocked from the Marketplace and their money will not be released. Disputes are handled on a case-by-case basis. PixelMarket reserves the right to handle Disputes as they see fit at their discretion. Only message logs from within the Marketplace Messaging System are used. Logs from third-party programs such as Skype or email are not used.




    20. Customer Limitations


    • As a user of PixelMarket, you agree that you will not:
      1. Perform any action that will intentionally result in PixelMarket charging an incorrect amount for an order
      2. Circumvent the security of the website in any way
      3. Allow an error in the bots (such as receiving an extra item) to occur without notifying PixelMarket.
      4. Perform a charge back in any form after purchasing items from PixelMarket and successfully receiving them