TERMS OF SERVICE
Effective from and last updated since: 21 June 2022
Welcome to Swap.gg!
Thank you for visiting our website https://swap.gg. Swap.gg is an online platform exploited by Swap.gg B.V., a Dutch company having its principle place of business at Sloterweg 796, (1066 CN) Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 85936200 (“Swap.gg”). For the avoidance of doubt, whenever hereafter reference is made to Swap.gg, Swap.gg B.V. is included in this reference.
If you have any concern, question or complaint regarding this Agreement (as defined hereafter), you may contact us by email at info@swap.gg.
Swap.gg is operated through the Steam platform, which is owned by Valve Corporation. Swap.gg is not affiliated in any way with Valve Corporation and/or any of its affiliates.
Swap.gg is an online platform that allows its users to resell and trade virtual goods for use within computer games (the “Service”). These general terms and conditions (the “Terms of Service”) apply to all our Services and govern the use of Swap.gg. By using Swap.gg you acknowledge and accept applicability of these Terms of Service, including future modifications thereof.
Please read these Terms of Service carefully before using the Service. By using or accessing the Service, you agree to all the terms and conditions stated in these Terms of Service and a service agreement between Swap.gg and you as a User (as defined hereafter) comes into force (the “Agreement”). If, at any time, you do not or cannot agree to these Terms of Service, you must stop accessing or using the Service.
Conditions relating to use of the Service
No individual under the age of 18 (eighteen) may use the Service, regardless of any consent from your parent or guardian to use the Service.
You need a supported web browser to access the Service. You acknowledge and agree that Swap.gg may cease to support a given web browser and that your continuous use of the Service will require you to download a supported web browser. You also acknowledge and agree that the proper performance of the Service is dependent on the performance of your computer equipment and your internet connection.
You agree to sign on and register for the Services through your Steam account provided by the Valve Corporation. You are solely responsible for managing your account and password and for keeping your password confidential. You are also solely responsible for restricting access to your account.
Additionally, the rights pertaining to a given Swap.gg account belong to the Steam account that owns the Swap.gg account.
You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party has access to your password, you should immediately contact Steam and change your password.
Swap.gg may modify its functionalities and processes at its sole discretion. You will only make virtual items available for sale at the Service if you are entitled to sell these virtual items. You acknowledge and agree that virtual items that have been purchased by using the Service may appear different when displayed in a specific game because of the fact that every item has its own distinctive hallmarks that are only visible in the game itself. Such deviations are beyond Swap.gg’s control. You shall not engage in price-switching or price-baiting practices when using the Service, and such practices will result in an automatic termination of your account, without a right to reimbursement or retrieval of any virtual items.
Goods sold and purchased through use of the Service are subject to the Steam platform's restrictions, and all users must abide by the restrictions imposed by the Steam platform. Swap.gg is not liable for loss of funds or goods resulting from decisions made by third parties that provide services necessary for the operation of Swap.gg. E.g. in the event the owner of the Steam platform, a governmental authority or other third party decides to take down the Steam platform, Swap.gg shall not be liable for any damage, costs or loss of funds or goods.
Your use of the Service is subjected to the following conditions. You agree not to: (a) impersonate or misrepresent your affiliation with any person or entity including Swap.gg; (b) access, tamper with, or use any non-public areas of the Service or Swap.gg’s computer systems; (c) attempt to exploit any vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks; (d) harm or threaten to harm other Users (as defined hereafter) in any way or interfere with, or attempt to interfere with, the access of any User, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service; (e) provide payment information belonging to a third party; (f) use the Service in an abusive way contrary to its intended use, to Swap.gg’s policies and instructions and to any applicable law or regulation; (g) systematically retrieve data or other content from the Service including the Swap.gg platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (h) make use of the Service in a manner contrary to the terms and conditions under which third parties provide facilities and technology necessary for the operation of the Service, such as Steam, Stripe, or Valve; (i) infringe third party intellectual property rights when using or accessing the Service, including but not limited to making available virtual items or using registered trademarks while using the Service; (j) make use of, promote, link to or provide access to materials deemed by Swap.gg at its sole discretion to be offensive or cause harm to Swap.gg’s reputation, including, but not limited to, illegal content and pornographic content and content deemed offensive or injurious to Swap.gg and/or the Service such as BitTorrent and Warez sites, Usenet groups, IRC bots and other peer-to-peer networks; and (k) access, or utilize, any functionality of the Service if you are related to a country embargoed or sanctioned by the US government or the European Union provided that such measures prohibit Swap.gg from providing the Service to you.
Swap.gg grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for your own personal purposes as an individual consumer (“Users”).
Swap.gg has the unlimited right to investigate and prosecute violations of any of the above to the fullest extent of the law. Swap.gg may involve and cooperate with law enforcement authorities in prosecuting Users who violate this Agreement. You acknowledge that, although Swap.gg has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or regulation or the order or requirement of a court, administrative agency, or other governmental body.
Privacy
Swap.gg is collecting information about your account through the Steam API (SteamID64, avatar, nickname, items sold and purchased), and is hereafter referred to as "Personally Identifiable Information" below. Swap.gg does not have access to your e-mail address or your password. Swap.gg will never share your private information with anyone as part of our privacy policy that further elaborates on this issue and can be found at https://swap.gg/privacy-policy .
Personally Identifiable Information is used internally by Swap.gg to deliver, develop and improve products, content and Services, to which Users have subscribed, and to answer Users’ requests. In addition, Swap.gg may allow third parties performing services under contract with Swap.gg located in and outside the European Union, to access and use Personally Identifiable Information, but only to the extent necessary to provide the Service.
External websites and companies with links to and from Swap.gg online sites and products may collect personally identifiable information about Users when Users visit their websites. Third party publishers may also collect personally identifiable information as a requirement of accessing their content. Swap.gg privacy policy does not extend to external websites and companies or third party publishers with links to or from Swap.gg products, services and online websites. Please refer directly to these companies and websites regarding their privacy policies.
Fees and Payment
Registering with Swap.gg is free of charge.
Swap.gg may charge all applicable fees on purchases associated with your Swap.gg account. You are responsible for providing Swap.gg valid information for making and receiving payments.
Swap.gg accepts no liability to complete any transaction which cannot be cleared by our payment processors, whether because there are no sufficient funds available on your credit card, issues related to identity or localization or otherwise. Swap.gg reserves its right to verify and approve any and all transactions made by you when using the Service. You expressly acknowledge and agree that such verifications may require you to provide Swap.gg with additional personal information in order to verify and confirm your identity and to perform verifications aimed to deter fraud and misuse of the Service. Swap.gg may suspend your account and contact you so you can provide Swap.gg with additional information required to process payments. Such suspension shall not relieve you from your obligation to pay any fees owed to Swap.gg.
All monies stipulated in this Agreement and in the Service are expressed in United States dollar and include all applicable taxes. Swap.gg has no control over, influence on and responsibility for such conversions and transactions.
Your payments may be delayed while Swap.gg validates your compliance with this Agreement. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of virtual items. Initiating official disputes shall lead to the termination of your account. Questions with regard to certain transactions may be directed to info@swap.gg.
Obligations of the Service
Swap.gg will cooperate with the Users with regards to all questions that may arise regarding the appropriate provision of services on the Service. Communication shall proceed through the Service’s “Support” section.
Swap.gg will provide the Users with technical support provided they encounter any problems in relation to the functionality of the Service or the User's account.
Termination
You may cancel your individual account at any time by making a request via your account. In the event your account still holds a balance upon termination, such balance shall be deemed forfeited and shall be accrued to the balance of Swap.gg.
Swap.gg reserves the right to temporarily or permanently discontinue the Service at any time. Swap.gg will deploy commercially reasonable efforts to notify you of such discontinuation, for example, by posting updates and notices on various social media. If you breach this Agreement, Swap.gg will notify you thereof and may require you to remedy the breach within a reasonable time provided the breach can be remedied. In the event you fail to remedy the breach within the imposed timeframe the Agreement shall be deemed terminated immediately, without further notice or liability of Swap.gg, and your account shall be deactivated.
Under no circumstances shall Swap.gg be liable for any damage of whatever nature and based on whatever ground, in the event the Service is temporarily or permanently, partially or fully suspended, discontinued or terminated by decision of Swap.gg or by acts of third parties, whether or not accountable to Swap.gg.
Intellectual Proprietary Rights
All right, title, and interest in and to the Service and the website are and shall remain the exclusive property of Swap.gg and third-parties providing facilities and technology for its operation. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
Users shall indemnify Swap.gg from any claims of third parties regarding or related to intellectual property infringement by such a User.
Disclaimer of Warranty and Limitation of Liability
To the full extent allowed by applicable law, Swap.gg makes no express or implied warranty or representation regarding the Service including items offered, sold and purchased, including that the Service including the aforementioned items will meet your requirements or will work in combination with any hardware or software provided by third parties, that the Service will be uninterrupted, without problems or error free, or that all errors in the Service will be corrected.
Swap.gg provides the service “as is” and “as available”. You use the Service at your own risk, and the Service may be terminated at any time by Swap.gg or third parties providing facilities and technology for its operation. Swap.gg does not encourage or promote the commercial use of the Service and is under no circumstance liable for any loss or profit as a result of your use of the Service.
To the full extent allowed by applicable law, Swap.gg’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed.
To the full extent allowed by applicable law, in no event shall Swap.gg and its suppliers or licensors have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Service, whether foreseeable or not, and even if Swap.gg had been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless Swap.gg, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.
Amendments
Swap.gg may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment will be communicated to you before it’s coming into force.
Applicable law and settlement of disputes
This Agreement shall be governed by and construed by the laws of the Netherlands.
All disputes arising out of or in connection with the Agreement, or any agreement resulting therefrom, which cannot be settled amicably, shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.
Miscellaneous
This Agreement is the entire and exclusive agreement between Swap.gg and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Swap.gg and you regarding the Service.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Swap.gg which consent is within Swap.gg’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the parties (i.e. Swap.gg and an individual User) and their respective successors and assigns. Swap.gg shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and Swap.gg.