1. Definitions“Buyer(s)” shall refer to the individual or entity seeking to purchase Goods from Sellers.
“Content” shall refer to the contents of the Website, including without limitation the text, graphics, images, audio, and video, as well as any product descriptions, pricing, and reviews. “Content” does not include User Submitted Content as defined below.
“Goods” shall refer to the virtual goods for use within computer games listed for sale on the Website.
“Loot Market” refers to the company Loot Market, Inc.
“Seller(s)” shall refer to the individual or entity seeking to sell Goods to Buyers.
“Services” shall refer to the services provided by Loot Market through the Website, consisting of a platform for connecting Buyers seeking to purchase virtual goods for use within computer games and Sellers seeking to sell virtual goods for use within computer games.
“User Submitted Content” shall refer to any content that You submit to the Website, including, but not limited to, text, graphics, images, audio, video, and recipes.
“Users” shall refer to anyone who uses Loot Market’s Services, including users of the Website.
“You” shall refer to you, the person who is entering this Agreement with Loot Market.
3. Use of Website, Content, and ServicesThe Website, Content, and Services are owned by Loot Market and constitute proprietary information and property and are protected by United States copyright and/or trademark law, as well as applicable foreign laws.
Loot Market hereby grants You permission to use the Content, provided that (i) your use is solely for your personal, noncommercial use (other than purchasing or selling the Goods featured on the Website); (ii) You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. To the extent the Website provides features allowing You to distribute the content by email, social media, or another method, You may distribute the Content using such features. If You violate any of these terms, your permission to use the Content automatically terminates.
4. Website Solely an Online Marketplace/VenueThrough its Services, Loot Market provides a platform to assist Buyers and Sellers to find, compare, purchase, and sell virtual goods for use within computer games. Loot Market’s services are more fully described at www.lootmarket.com/faq. Loot Market receives a fee from Sellers for connecting them with Buyers; however, Loot Market does not provide or otherwise sell the Goods featured on the Website and, other than acting in its escrow capacity, Loot Market is not acting as an agent, broker, employee, or employer of any Buyer or Seller. Accordingly, the Website acts only as an online marketplace, and Loot Market is not and will not be a party to any agreement You make with any Buyer or Seller regarding the purchase of any Goods featured on the Website. Loot Market has no control over, and makes no representations, regarding any qualities or characteristics of the Goods being sold by Sellers. Loot Market does not warrant that any Goods, prices, taxes, or descriptions are accurate, complete, or reliable. You, as a Buyer or Seller, are responsible for paying all applicable taxes, including, but not limited to, sales and use taxes.
5. Rules of UseAs a condition for your use of the Website and Services, You agree (i) not to use the Services for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); (ii) not to engage in any behavior that is violent, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by Loot Market in its sole discretion; and (iii) not to interfere or disrupt the Services or servers or networks connected to the Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any other destructive code. You agree not to engage in price-switching or price-baiting practices when using the Services. Loot Market has the right to interrupt, suspend, or terminate the Services if it suspects that You are engaging in unlawful, fraudulent, or abusive activity. If Loot Market terminates your account or access to the Services for a violation of this paragraph or these Terms of Service, You will not be entitled to reimbursement of monies used to purchase virtual items or return of any virtual items. However, upon termination, You will be entitled to withdraw any unused monies on deposit in your account subject to Loot Market’s charges and fees listed at http://www.lootmarket.com/faq
6. Disputes Between Buyers and SellersLoot Market acts as an intermediary between buyers and sellers to guarantee the proper exchange of payments and goods. Loot Market does NOT warrant any claims related to the items or prices. To the extent a dispute arises between a Buyer and a Seller, Buyer agrees that his/her/its sole recourse for any and all claims relating to the Goods sold by Seller shall directed to Loot Market. Likewise, to the extent a dispute arises between a Buyer and a Seller, Seller agrees that his/her/its sole recourse for any and all claims relating to Goods purchased by Buyer, including payment disputes, shall be the responsibility of and be resolved by Loot Market.
Loot Market shall be liable for any faults failing to transmit funds to the buyer or Goods to the seller, given both the buyer and seller conducted the transaction in a lawful manor. Loot Market is responsible for all customer service. If the goods were not properly delivered due to an issue with the software of Loot Market, Loot Market shall take full responsibility and provide a replacement item and/or refunds.
Notwithstanding the preceding paragraphs, all funds received from a Buyer and Goods received from a Seller will be held in escrow by Loot Market. Once a Buyer initiates a purchase of a Good, Loot Market will complete the transaction. Once a transaction is completed, it cannot be cancelled and no monies will be refunded and no Goods will be returned.
7. Relationship of PartiesNo joint venture, partnership, employment, or agency exists between You and Loot Market, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.
8. Ownership and Legal ComplianceSeller represents and warrants that he or she owns any Goods listed by Seller for sale on the Website and is compliance with all applicable laws in connection with the sale of such Goods.
9. Account InformationYou will need an account to use the Services. In order to sign in and register for an account, you will need to have a Steam account administered by Valve Corporation and available at www.steamcommunity.com. Loot Market is not affiliated with Valve Corporation. You shall protect any passwords and account information and take full responsibility for your own, and any third party, use of your account. If You learn of any unauthorized use of your password or account, contact Loot Market immediately.
10. Payment and FeesIf You choose to sign up for an account and use the Services, You agree to pay and be responsible for all applicable charges and fees for such Services. You can view the current charges and fees associated with the Services at https://www.lootmarket.com/faq. All fees are set out in U.S. dollars.
To the fullest extent permitted by law, fees paid to Loot Market are non-refundable. In extraordinary circumstances, Loot Market may consider refunding fees paid to Loot Market but is under no obligation to do so and any such refunds are at the discretion of Loot Market. Nothing in these Terms of Service obligates Loot Market to extend credit to any party.
Any request for a refund by Buyer after the escrow transaction has been completed shall be directed initially to Loot Market, who will determine in its sole discretion whether to attempt to resolve or rectify the issue or whether to direct the Buyer to the Seller. You understand and agree that Loot Market does not, and is under no obligation to, issue refunds.
You acknowledge and agree that You are the owner of any credit card account, PayPal account, Bitcoin account, and/or any other payment method that You submit to Loot Market for payment of Goods. Loot Market requires all Buyers to verify their credit cards through its verification system. You acknowledge and agree that any credit card and related billing and payment information that You provide to Loot Market may be shared by Loot Market with companies who work on Loot Market’s behalf, such as payment processors and/or credit agencies, solely for the purposes of verifying credit card ownership, checking credit, effecting payment to Loot Market and Sellers, and servicing your account. You agree that Loot Market is not responsible for the actions of any third party payment processors and, in the event of any dispute resulting from the actions of a third party payment processor (such as holds imposed by a third party payment processor), You agree that your sole recourse shall be against the payment processor directly.
To the extent that a Buyer obtains a refund through his or her credit card company or a payment processor used by Loot Market, the Buyer shall be liable to Loot Market for any fees due to Loot Market for the transaction between Buyer and Seller, as well as any costs, fees, or charges imposed by the payment processor as a result of any chargeback or refund (“Refunded Fees”). At Loot Market’s discretion, Loot Market may (i) invoice or otherwise charge the Buyer for such Refunded Fees; (ii) debit or place a lien on the Buyer’s account for such Refunded Fees; or (iii) subtract such Refunded Fees from any subsequent fees in connection with a subsequent transaction.
In order to use the Services, a Buyer must deposit money into his or her account. The money on deposit in the Buyer’s account may be used to purchase Goods. Upon a completion of a transaction, the money owed to the Seller will be deposited into Seller’s account. Any unused money on deposit in Buyer’s or Seller’s account may be withdrawn at any time subject to the charges and fees for withdrawal set forth at https://www.lootmarket.com/faq. In compliance with AML policies, users may not deposit funds and then withdraw the funds without first spending those funds within the marketplace.
Loot Market may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Loot Market shall not be liable for any use or disclosure of such information by such third parties.
11. Purchase CashbackQualifying purchases will receive a percentage of the purchase price (after any applicable fees) as a credit on their Loot Market balance after the successful purchase. The funds credited to a Loot Market balance can not be withdrawn and have no cash value. The funds can only be used for purchase of goods or services on the marketplace.
It will be at the sole discretion of Loot Market to determine the qualification of a purchase. In order for purchases to qualify the buyer must have "lootmarket.com" found in their Steam profile name at the time of purchase and maintain that name for a minimum of 24 hours. In the event that Steam is unavailable or returns a negative result, credit will not be given. Failure to receive credit can not be disputed.
The cashback percentage is subject to change at any time. The current rate will be posted at the time of checkout for each purchase. If a cashback notice is not displayed then it will be assumed that the transaction is not elligiable for cashback at this time.
12. Reviews and RatingsThrough the Website, You may submit reviews of Sellers to describe your experience and/or to assist other Buyers in evaluating such Sellers. You may submit such reviews provided that (i) You submit the review in good faith, and (ii) You have actually purchased services from the Seller through the Website. Loot Market may impose reasonable restrictions on any such reviews and may establish rules to ensure that such reviews are legitimate and appropriate. To the extent You rely on any reviews on the Website, You understand that the reviews are submitted by other Buyers and that Loot Market disclaims any and all responsibility for the content or accuracy of such reviews.
13. User Submitted ContentYou warrant that You own all intellectual property rights in any User Submitted Content or that You have the appropriate license rights from the owner for any User Submitted Content. You retain all ownership rights to your User Submitted Content. By submitting content to the Website, You grant Loot Market a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content.
14. IP Ownership and NoticesLoot Market disclaims any liability for any User Submitted Content or third party content submitted to, or posted on, the Website. If You believe that any materials on the Website infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to Loot Market at the following address:
Loot Market Inc
Attention: IP Notices
1905 Woods Drive
Beavercreek, Ohio 45432
To provide effective notification, please provide the following information:
(i) An electronic or physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed;
(ii) A description of the copyrighted work, trademark, or other intellectual property right that is allegedly being infringed;
(iii) The location of the allegedly infringing material on the Website;
(iv) Your name, address, email address, and telephone number;
(v) The following statement: “I have a good faith belief that the use of the material is not authorized by the intellectual property owner”; and
(vi) A statement under penalty of perjury that the information in the notification is accurate and that You are the owner of the intellectual property right or that You are authorized to act on behalf of the intellectual property right owner.
15. Links to Other SitesThe Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Loot Market of the contents, products, services, or business practices of such third party websites. Loot Market is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
16. Disclaimer of WarrantiesTHE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOOT MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LOOT MARKET DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOOT MARKET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY GOODS LISTED ON THE WEBSITE AND PURCHASED BY YOU. YOU assume all risk for any damage to your computer system or loss of data that results from USE OF the WEBSITE OR services, including any damages resulting from computer viruses. LOOT MARKET does not authorize anyone to make any warranties on its behalf, and you should not rely on any warranties made by third parties.
17. Limitation of LiabilityNEITHER LOOT MARKET NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, OR APPLICATION, OR (II) THE SALE, PURCHASE, OR USE OF THE GOODS.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF LOOT MARKET HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR SERVICES; AND/OR (V) ANY GOODS SOLD OR PURCHASED.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
LOOT MARKET’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO LOOT MARKET OR $10, WHICHEVER IS GREATER.
18. IndemnificationYou agree to defend, indemnify, and hold harmless Loot Market, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Website or Services, (ii) your violation of these Terms of Service, (iii) the sale, purchase, or use of any Goods, (iv) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (v) any submission by You that causes damage to a third party.
You shall cooperate as fully as reasonably required in the defense of any claim. Loot Market reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of Loot Market without Loot Market’s prior written approval.
19. Representation of Age and Ability to Accept Terms of ServiceYou affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and conditions in these Terms of Service.
In any event, You affirm that You are over the age of 13, as the Website and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Website or Services.
20. TerminationLoot Market may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Website or Services for any or no reason, including, but not limited to, breach of these Terms of Service.
21. AssignmentThese Terms of Service may not be assigned by You without the prior written approval of Loot Market. Loot Market may assign these Terms of Service without your consent.
22. SeverabilityIf any provision of these Terms of Service is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, arbitrator, or court, and the remaining provisions shall remain in full force and effect.
23. no WaiverThe failure of Loot Market to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by Loot Market. In addition, Loot Market’s waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.
24. IntegrationThese Terms of Service constitute the complete and final expression of the entire and only understanding between You and Loot Market relating to the subject matter of this agreement and supersedes any prior written or oral representations.
25. Governing Law and VenueThese Terms of Service shall be governed by the laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between You and Loot Market that arises in whole or in part from your use of the Website or Services shall be decided exclusively by an arbitrator located in Montgomery County, Ohio in accordance with Paragraph 25 below
28. Storage of Items & LiabilityLoot Market acts as an escrow service and is subject to the availability of Steam services. When a seller transfers items to be held in escrow, the item is transferred from the seller's Steam account to a Steam account managed by Loot Market. While the Steam account that holds the items is created and managed by Loot Market, Loot Market shall not be deemed liable for the availability of items on these accounts. Should access to these accounts become restricted or access limited by Steam / Valve, it will be the sellers's responsibility to contact Steam / Valve to retrieve their items.
Items purchased will remain on a Loot Market Steam account until traded out. Items delisted from being for sale will also remain on a Loot Market Steam account until traded out. Loot Market reserves the right to automatically list these items for sale for the user if these items are not traded off of Loot Market Steam accounts within 30 days.
29. Payment Provider RelationshipsLoot Market engages with 3rd party companies to process some payments to sellers on Loot Market. One such company is Kappa Promotions LLC ("Kappa"). Loot Market is engaged with Kappa for the purpose of distributing funds via PayPal to Loot Market sellers. As such, when you request a withdrawal from Loot Market to your PayPal account, the payment will come from Kappa Promotions LLC.
To further clarify this relationship:
- Loot Market provides the selling platform, LootMarket.com, and sevices to its customers
- Loot Market is engaged with G2A Pay to accept payments for buying items. Loot Market is the account holder for the G2A Pay account.
- Loot Market has a relationship with Kappa Promotions LLC for the sole purpose of distributing funds to customers via PayPal.
- Both Loot Market and Kappa understand and agree that funds shall be distributed from G2A Pay to the Kappa PayPal account. That money will then be used to pay Loot Market sellers.
30. Additional Terms and Conditions; EULAsWhen you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the "G2A Pay services provider") to make a purchase on our website, responsibility over your purchase will first be transferred to G2A.COM Limited before it is delivered to you. G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements and are not subject to the Terms on this website.
We and/or entities that sell products on our website by using G2A Pay services are primarily responsible for warranty, maintenance, technical or product support services for those Products. We and/or entities that sell products on our website are primarily responsible to users for any liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer. G2A Pay services provider is primarily responsible for facilitating your payment.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us by email at email@example.com
Questions related to payments made through G2A Pay services provider payment should be addressed to firstname.lastname@example.org
Where possible, we will work with You and/or any user selling on our website, to resolve any disputes arising from your purchase.