License Agreement of GGHEAVEN.COM - Marketplace for Gamers:
This License Agreement or Terms and Conditions (hereinafter also referred to as the Agreement) is a public offer of IE Pakin M.V (hereinafter also referred to as IE). Customer Agency Agreement – ggheaven.com/agency-agreement
The main language of the below Agreement is Russian language and to be referenced to at ggheaven.com/ru-license-agreement
By accepting this Agreement by clicking the appropriate button during registration, you (hereinafter also referred to as the User) give full and unconditional consent to the conditions set forth in the Agreement, as a result of which, on the basis of Articles 432, 434, 435, 437, 438, 1286 of the Civil Code of the Russian Federation between us , IE and the User (hereinafter also referred to collectively as the “Parties”, and separately the “Party”), legal relations (rights and obligations) arise regarding the use of the computer program – a site available under the domain name ggheaven.com (hereinafter referred to as the Site).
If you do not agree with any condition, do not accept the Agreement until you fully agree.
This site is a computer program, which is an Internet platform on which some Users (hereinafter also referred to as Sellers) post their offers for the sale of their property, including property rights, to public access, and other Users (hereinafter also referred to as Buyers) acquire such property. The program operates in an automatic mode, providing Users with technical capabilities for placing, searching for offers from Sellers, concluding transactions between themselves and their execution through the use of the Site.
1. SUBJECT OF THE AGREEMENT
1.A. IE grants the User right to use the Site while retaining IE’s right to issue licenses to third parties (non-exclusive license) on the terms and to the extent specified in this Agreement.
1.B. The use of the Site is carried out by the User independently, without the direct participation of IE, on the basis of “as is”, the User has no right to demand or expect from IE and the Site other than what is currently presented. IE does not make any guarantees regarding the compatibility of the Site, its functionality, etc. guarantees and is not obliged (but can at its discretion) provide technical support and update the Site.
The updated Site may contain corrections of errors, shortcomings, and/or new, changed functions.
1.C. The right to use a part of the program (Site) that allows the User to post his proposals (offers) to purchase property (services), conduct transactions and receive remuneration from other Users for the sold property (service) is provided for a fee (clause 2.E of the Agreement).
1.D. The right to use the basic functionality of the Site is provided to IE free of charge.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.A. The right granted to the User includes the right to directly use (operate) the Site and automatically temporary copy audiovisual displays of parts of the Site and part of the program code (Site) by User’s browser. Any profiting from the use of such copies, whether direct (fees) or indirect (income from advertising displayed through the use of copies), is not permitted.
2.B. Registration on the website.
2.B.A. Registration is carried out by the User in an automatic (without IE participation) procedure provided on the Site. Registration can be carried out both by filling out a questionnaire by the User, and by authorization of the User through the sites (services) of third parties (for example, google.com, facebook.com, etc.), if such is offered on the Site. In the latter case, the minimum information about the User required for his authorization (when authorizing via Facebook, this is the User’s ID on facebook.com) is transferred to the Site automatically through the third party’s website.
2.B.B. Registration is impossible without the consent of the User with the Agreement. By registering, the User expresses his full and unconditional acceptance of the Agreement.
2.B.C. As a result of registration, the User creates an account and a page on the Site. The User accesses the account by login and password (either to the Site or to the site of a third party through which he logged in to the Site). The User is required to keep his password confidential. All actions performed using authorization on the Site (from under an account) are considered to be committed by the User himself.
2.C. The User has the right to use the Program from the territory of any country.
2.D. The User who posted on the Site an offer to purchase any property from him, as well as the User who receives his money through the Site (hereinafter also – withdrawing funds), uses the paid part of the Site and confirms his willingness to pay IE a license fee for using the paid part program code in the amount specified in clause 2.E of the Agreement.
2.E. The license fee under the Agreement is calculated as a percentage (not more than 50%) of the amount of money that the User receives through the Site. When the User chooses the method of receiving funds (payment system, payment gateway) on the Site, the commission of payment gateways, paid by the User at his expense, and the IE license fee are automatically calculated. Confirmation by the User of the choice of the method of receiving funds is his consent to the payment of the corresponding license fee (the payment period is considered to be complete time of confirmation).
Funds are credited to the details specified by the User, as a rule, 48 business hours after the application is made, but no later than business 72 hours if it’s possible by the payment gateway of User’s choice. The amount of funds is calculated in Russian Rubles at the exchange rate of PayPal in relation to USD at the time of transactions if PayPal is a payment gateway, or, at the exchange rate of Russian Central Bank if other payment gateway is used, based on the above, the amount of funds may differ from the requested amount both in smaller or larger direction.
2.F. The funds received by the Seller from the Buyer, Seller can use to pay for the transaction through the Site (as a Buyer) no earlier than 48 hours, which is aimed at IE fulfilling its obligations under the Agreement (obligations of the guarantor of the transaction).
2.G. IE has the right to provide certain additional tips, functions/capabilities, discounts when using the paid part of the Site, and other preferences to certain Users of the Site at their own unmotivated choice.
2.H. IE has the right to carry out routine technical work on the Site (troubleshooting, fixing errors, work on security, updating, etc.), as a result of which certain functionality of the Site or the entire Site may be temporarily unavailable, but should, if possible, to carry out them at night (Moscow time) and no more than twenty-four business hours in aggregate for one calendar month. IE may notify the User in advance by email.
The restrictions provided for by this clause do not apply to cases when work is carried out in connection with the need to eliminate significant errors, vulnerabilities, as well as to cases of inoperability of the Site that are not associated with volitional actions of IE (hacking, attacks, etc.).
2.I. The User is not entitled to assign his rights under the Agreement to third parties and is not entitled to sublicense them.
2.J. The User must refrain from: modifying the Site and the results it generates, audiovisual displays, including “injecting” it with program codes and not expressly provided for requests, from adapting and decompiling the Site, from bypassing technical means of protection, from extracting information from it, including the number of individual objects (images, sounds, videos, texts), from the implementation of other actions not directly provided for by the Site interface.
The User must refrain from using possible technical vulnerabilities of the Site (bugs and others), and if they are found, he must notify IE as soon as possible by e-mail or through the feedback form.
2.K. Personal data
2.K.A. IE may collect technical information when the Site is used (including when it is running in the background): device type, its model and version, operating system and its version, IP address, time of entry, location, as well as technical information collected by the Internet – counters (Yandex.Metrica, Google Analytics, Facebook Pixel etc.). This information is necessary to analyze the Site, improve its performance and adapt it to the User.
2.K.B. The user must not enter any information in the fields of the Site forms that would allow him to be identified as a subject (full name, address, passport data, etc.). The user enters only his first name (not publicly displayed) e-mail address, which is necessary to identify the User on the Site and provide him with access to the Site (not publicly displayed), as well as a nickname displayed on the Site publicly (in particular, when concluding transactions through the Site with other users). IE does not know the User’s billing information. The password specified by the User is transmitted and stored in an encrypted form, therefore, it is also inaccessible to IE.
2.K.C. Thus, IE does not process the User’s personal data.
2.K.D. The provision by the User of his personal data (including contrary to the Agreement) means his consent to their processing by IE in order to fulfill the Agreement and other transactions of the User with IE.
2.L. User Content.
2.L.A. The User has the right to place advertisements for sale on the Site and himself determines their content within the framework provided to him by the Agreement and the technical functionality of the Site. The user is fully responsible for the materials (content) posted by him, both to the person whose rights may be affected, and to IE, and for his violation of the terms of the Agreement.
2.L.B. IE does not control (track, approve or accept) the User’s ads manually. Including does not control the content of the User’s pages (pages of the Site that the User has the right to change and/or change). IE provides the User with the technical ability to create pages (ads) within the Site.
IE does not initiate posting of material in the interests of or on behalf of the User. The placement of the User’s material is carried out on his initiative and as a result of his actions using automated technical means and the IE program. IE does not control the specific posting of the material, does not select or approve the final recipients of the material – visitors (including other Users) of the Site.
IE, in its sole discretion, may inspect (1) details related to the listing sold on the Site, (2) the buyer of the Site listing, and (3) the seller of the Site listing. As a part of the inspection process, IE may require the buyer or seller to provide additional identification information, including, without limitation, a copy of a valid driver’s license (or other form of government issued identification) prior to or during the transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity.
IE does not change the content of the material posted by the User. Possible technical changes in relation to the material do not apply to substantive changes. The User understands that the design of the Site, the display of the entered information may change, but not the User’s information itself.
2.L.C. IE reserves the right to unilaterally remove or block (make it inaccessible to third parties) any material, suspend or restrict the User’s access to his account and/or the Site, unilaterally withdraw from the Agreement, which entails deleting the User’s account if IE becomes aware that the use of the Site by the User violates or contributes to the violation of the rights of IE, the rights of third parties (including other users and/or visitors to the Site), legal norms, international norms and rules, the Agreement and/or does not correspond to the idea and essence of the Site.
In any case, IE does not change the content of the User’s materials.
IE has the right to take the actions provided for in this clause without prior notice to the User if it considers it necessary to immediately respond to a violation or alleged violation in accordance with applicable law.
The User must take IE actions (measures) committed on the basis of this clause, regardless of their assessment and assessment of the reasons that caused them by the User himself.
2.L.D. The User must not to use the Site for advertising purposes (for example, constantly write about the same person, product or service of the same manufacturer, link to the same site, etc.), except for advertising that property that he sells through the Site and only using the functionality provided by the Site.
2.L.E. The User must refrain from using the Site for illegal and dishonest purposes (such as: inciting conflicts that violate the rights of third parties, infringement or violation of the rights and legitimate interests of third parties, profit, deception, misleading, fraud, insult, humiliation of human dignity, SPAM etc.). If fradulent activites are found, related authorities will be notified and Agreement with the User will be terminated.
2.L.F. The User must refrain from posting personal and/or contact information on the Site, including phone number, email address (e-mail), etc., both his own and third parties.
2.M. The User allows IE to use services on the basis of exclusively automated processing of the databases of users of the Site those decisions give rise to legal consequences in relation to the User or otherwise provide legitimate interests when it comes to additional rights/opportunities for the User (for example, the provision of additional discounts on the license fee or IE services provided under other contracts, provision of additional functions on the Site, prize draws in the form of goods and services, tips, etc.).
2. N. The User must refrain from selling the same property and a category of properties that he offers for sale on other sites directly to other users of the Site, by exchanging contacts and discussing transactions with other users bypassing the functionality of the Site. This Site is the exclusive platform of the Sellers. For example, by offering game accounts for sale (game money, items, services, etc.), the Seller cannot place advertisements of the sale of game accounts, items, services, etc. on other sites unless given an exclusive permission.
If any User is noticed in violation of the obligation under this clause, IE has the right to temporarily or prohibit the Seller from acting on the Site.
The User also understands and agrees that any discussions through the functionality of the Site must have an aim of making a deal on the Site, and IE, as a control agent, can access any discussions and other messages of the User within the Site.
2.O. The Seller must carry out transactions only through the Site in accordance with the Agreement, the Terms of Trade on the Site, posted at ggheaven.com/trade-rules, and within the system of the technical functionality and subject to the technical restrictions that the Site has. Violation of any of the terms is a violation of the Agreement.
2.P. The User independently searches, studies and accepts the offers of other users – Sellers.
2.Q. For the convenience of the Users, the prices for the property offered by the Sellers are indicated, as a rule, taking into account the IE agency fee (under the Agency Agreement) and commissions of payment systems, i.e. the amount that the Buyer will pay in the final shopping cart window.
2.R. When the User acts as a Buyer on the Site, expressing acceptance of a specific offer of another user, he instructs IE to provide agency and other services provided for in the Agency Agreement posted at ggheaven.com/agency-agreement. The User agrees that given that all registered users of the Site have accepted the Agreement, including the Agency Agreement, the issuance of a power of attorney under the Agency Agreement is not required, since IE’s authority is clear from the environment, including the content of IE’s public offer (Agreement).
2.S. The obligation to pay for the transaction between the Buyer and the Seller is considered fulfilled by the Buyer at the time the funds are credited to the Seller’s balance on the Site.
2.T. Providing direct access to the Site (the required device, software, communication, etc.) is the responsibility of the User himself.
2.U. The User understands and confirms that IE is not a party to the transaction between the Buyer and the Seller, which acts in accordance with the Agency Agreement on behalf of the Buyer, on his behalf and at his expense, and therefore IE is not responsible for possible actual and/or legal consequences of the transaction between The Buyer and the Seller (some online games sanction and restrict users who do transactions); IE does not study and/or check the rules of the games and does not check the transactions and actions of the User for compliance with the rules of the games).
3. AMENDMENT AND TERMINATION OF THE AGREEMENT
3.A. The Site is licensed insofar as IE will not revoke the license. If IE decides to close the Site or suspend its functioning, then, as a general rule, will notify the User in advance. The license is then deemed to be terminated or suspended, respectively.
3.B. IE may unilaterally amend the Agreement. The user is notified of such a change by email as a general rule.
Authorization on the Site (use under your username and password) after the entry into force of the new edition of the Agreement means its acceptance in full.
In case of disagreement with the new edition, the User should not log into the Site.
3.C. IE has the right to unilaterally refuse to execute the Agreement if the User has violated any of the terms of the Agreement or other contractual obligations (under other agreements with IE). The Agreement is considered to be terminated out of court at the time of the actual deprivation of the User of access to the functionality of the Site.
3.D. Termination of the Agreement (including early) means revocation (termination) of the license for the Site.
3.E. IE has the right to refuse to enter into the Agreement if the user has previously violated the license terms of the Site or any other agreements concluded with IE, or to refuse to execute the Agreement unilaterally at any time without any compensation.
4. OTHER PROVISIONS
4.A. IE is only liable if it has acted intentionally to violate its obligations under the Agreement. Liability is limited to the greater of 1. the amount of the specific transaction in dispute, 2. the amount of fees in dispute not to exceed the total fees which User paid to IE in the 12 months prior to the action giving rise to the liability, or 3. RUB 5000.
4.B. The Site Name and Domain Name are protected means of identity. Their use without the consent of the copyright holder is unacceptable.
4.C. IE has the right to send advertising messages to the User through the interface of the Site and/or by e-mail, but concerning only IE itself, its programs (including other sites) and services. The parties assume that IE will endeavor to exercise this right no more than four times per calendar month.
4.D. The law of the Russian Federation applies to the relations of the Parties.
4.E. The place of execution of the Agreement is the place of registration of IE – Vladivostok, Russia.
4.F. The competent court for disputes related to the Agreement will be the court at the place of registration of IE, determined on the date of filing the claim.
4.G. For calculating the terms under the Agreement, the Parties agreed to use Moscow time (Russian Federation).
4.H. The parties acknowledge the legal force for documents sent through the account on the Site (notifications of data changes, User requests, messages, etc.). Such documents, signed with a simple electronic signature (on the part of the User, access to the account is carried out by login and password or by authorization through third-party sites, which are also accessed by login and password; on the part of IE – by entering a login and password), are recognized as equivalent to documents on paper, signed by the handwritten signature of the relevant Party. The parties undertake to keep their passwords confidential.
4.I. The parties recognize the legal force behind e-mails (and attachments to them) – documents sent by e-mail (e-mail), and recognize them as equivalent to paper documents signed with a handwritten signature, since only the Parties themselves and their authorized persons have access to the appropriate means of communication – e-mail addresses. Each Party provides access to e-mail using a password and undertakes to maintain its confidentiality.
On the IE side, these are the email addresses listed on the Site. On the part of the User, this is the email address specified when concluding the Agreement.
4.G. Electronic documents signed in accordance with clauses 4.H and / or 4.I of the Agreement will be the proper written evidence in the legal process.
4.K. The text of the Agreement is protected by copyright (the exclusive right is reserved for the author of the text). The user and third parties are not entitled to use the text of the Agreement or its protected parts in other contracts, and also is not entitled to make any other use of the text of the Agreement, except for the purpose of executing the Agreement and only when such use of the text of the Agreement or its parts is necessary.
4.L. The current version of the Agreement is posted at https://ggheaven.com/license-agreement/.
5. IE account:
Beneficiary IE PAKIN MARK VALEREVICH
Beneficiary address 690048, RUSSIA, PRIMORSKIY KRAI, VLADIVOSTOK, PR-KT 100-LETIYA VLADIVOSTOKY, 43, 16
OGRN, Principal State Registration Number 321253600007072