GShare Terms of Service
(i) MGO Operations Pte. Ltd. possesses and operates the GShare, a web-site available on the Internet from the address: www.gn.org/gshare (the Site), designed for connecting users, any person using any of the Site’s functionalities and/or who has registered on the Site (the Users), wishing to upload and/or to download various digital content, especially games, game activation codes, power share tools and similar electronic content (the Content); (ii) the Site is not only an online shop but also a platform where Users may conduct transactions between them; (iii) the offers and sales performed on the Site are made between particular developers of the Content (the Developers) and the relevant end-users of the Content (the Gamers) while GShare only facilitates such transactions by means of the Site’s functionalities and provides certain additional services to the Users aimed at improving safety, speed and certainty of the transactions without any additional charge;
- this document defines legal (contractual) relations between GShare and the Gamers and between GShare and the Developers with GShare acting as an administrator of the Site;
- this document does not define legal (contractual) relations or terms and conditions between Users;
- in particular, this document does not determine conditions specific for transactions and contracts being concluded between Users such as: prices of the Content, warranty and liability with regard to the Content;
- notwithstanding the above – and merely for purposes related with: care for GShare brand, functioning the Site as a platform connecting Developers and Gamers and avoiding unfair practices on the Site – GShare reserves the right to establish basic rules for selling and buying of the Content through the Site
1. Applicability and Acceptance of the Terms and Conditions
1.6 Users may conclude with GShare, through the Internet or otherwise, a separate agreement related to certain rights and obligations between them and GShare (Additional Provisions). In case of any conflict or discrepancy between the Terms and Conditions and Additional Provisions, the Additional Provisions shall prevail over the Terms and Conditions unless explicitly provided otherwise in the Additional Provisions.
1.7 When using any services or sending e-mails to GShare, the Users communicate with GShare electronically. GShare communicates with Users by e-mail or by posting notices on the Site or through their distribution through communication channels within other services. For contractual purposes, the Users consent to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that GShare electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
1.8 As part of the Site – within the scope of agreements concluded between the Developer and the Gamer – GShare provides a service consisting in exclusively so called regular transfer, caching and hosting services as defined below (the Service). To such extent, GShare renders the Service based on making available a computerized infrastructure to intermediate in data transmission and in the storage and sharing of data by Users as follows:
a) GShare enables transmission of data transferred by one recipient (Gamer or Developer) and ensures access to the telecommunication network, except that GShare:
- is not the initiator of the data transfer,
- does not choose the recipient of the data transfer,
- does not choose nor modify the information contained in the transfer.
Within this scope GShare may conduct automatic and short-lasting, indirect storage of the transmitted data solely for the purpose of conducting transmission, whereas the data shall not be stored any longer than necessary in regular conditions to perform transmission.
b) GShare enables data transmission and automatic and short-lasting, indirect storage of data aimed at making their further access more rapid, except that GShare:
- does not modify the data,
- uses accredited and applied IT techniques determining technical parameters for the access to and updating of data,
- does not disturb the use of IT techniques.
c) GShare makes available computerized system’s resources aimed at storage of data by Users.
1.9 GShare provides Users with a digital trading platform to exchange information on products and services. In addition, GShare provides the possibility of establishing, presenting and completing transactions between Users through the electronic means, including in particular the sales of the Content to Gamers by Developers, as well as between Developers. GShare is neither a party of the agreement between the Gamer and the Developer, nor between Developers - it merely provides specific assistance and administration services to the Users.
1.10 Notwithstanding the provision in 1.9 above, GShare also sells its own products and services through the Site, where it is explicitly provided.
1.11 The technical requirement for the use of the Site by the Users is to possess an operational system-equipped workstation with access to the Internet and standard software necessary to view websites, including to enable support of cookies.
1.12 For the correct performance of some of the Site’s functionalities it may be necessary for the Users to enable Java, Java Script, Flash support etc.
1.13 The User having its place of residence, headquarter or place of habitual residence in the territory of the European Union, Australia, Japan, Canada, South Korea, New Zealand or Russia executes an agreement with MGO Operations Pte. Ltd. The Users having its place of residence, headquarter or place of habitual residence in other countries executes an agreement with MGO Operations Pte. Ltd.
Notwithstanding the above, services stated under clauses 5.13, 5.14, 5.15, 5.16, 5.17 and 5.22 are solely provided by MGO Operations Pte. Ltd.
1.14 The Users hereby agree on confirming or making available specific data in order to confirm their place of residence, headquarter or place of habitual residence (if in doubt about their place of residence). The aforesaid agreement relates to obligations and reporting tasks of GShare (in relation to Value Added Tax, in particular under art. 58 of Council’s Directive 2006/112/WE and the Implementing Regulations no 282/2011 and 1042/2013).
2. Service Fees
Subject to point 2.1 below GShare collects no commission or other possible fees (if such are due) from the amounts of prices determined by the Developers.
2.1 Joining the Site and buying items on sale through the Site is free of charge for the Users. The Gamers are charged only for the use of selected payment channels or for payments and commissions due to the Developers. The amount charged is listed on the payment selection page. The terms and conditions for making and receiving payments and relevant charges have been provided in the GWallet Terms and Conditions which can be accessed through the following link: wallet.gamecredits.com/terms-conditions. GShare charges no fee for putting a product on sale through the Site. The fees and commissions are specified by the Developers only.
2.2 The Developer gives its consent to GShare for adding to the price referred to in point 2.1. the amount of Value Added Tax or similar tax valid at the place of residence, headquarter or place of habitual residence of the Gamer who does not run a business activity. The aforesaid consent is connected with obligations of GShare in relation to Value Added Tax or similar taxes.
2.3 The prices specified for products or services supplied by GShare – in accordance with point 1.10 above – do not form part of these Terms and Conditions and they may be subject to change before the User purchases a particular product or service.
2.4 All fees on the Site are denominated in EUR, USD or GAME. If other currencies are to be applied, changes will be communicated. The Users are solely responsible for paying fees and taxes relating to his/her use of the services available on the Site on time. The Users are particularly responsible for paying due taxes, fees or other due amounts required in connection to the agreements concluded through the Site on their own. GShare in any case is not responsible for settling above fees and taxes. If certain payment method shall fail or an invoice is overdue, GShare reserves its right to demand payment by way of other method of payment including all possible additional costs of such method.
2.5 The Users should sign in to access and use the Site and all its functionalities.
2.6 Services (or any other functionalities incorporated into the Site) can be different for different countries or regions. No guarantee is given to the effect that a service or functionality of a certain type or reach will be available for all Users. GShare may restrict, decline or create another level of access relating to the use of services (or any other functionality incorporated into the Site) for different individual Users.
2.7 GShare does not authorize delivery of products sold by the Developers and is not responsible for and does not authorize payments for services provided/products delivered through Site by Developers. However, in order to make transactions performed through Site as efficient as possible, Users are provided with payment solutions available and described on the Site.
2.8 Any User demanding settlement through one of the payment systems agrees thereby for the payment to be made through sites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, GShare shall not be liable against the Users for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User shall contact the applicable operator of the payment site in accordance with that site’s terms and conditions. If the payment has not been accepted due to GShare fault, the User shall inform GShare thereof by sending an e-mail to the address: firstname.lastname@example.org
2.9 The User gives consent to GShare to transfer its personal data, such as name, surname, address, as well as other data, such as the bank account number, to the payment services mentioned in 2.6 above, including the consent to processing these data by the payment services in order to carry out the transaction in the form of the payment between the Users.
2.10 The User asserts that he/she shall pay for any products and services offered on the Site with use of funds coming from legal sources.
2.11 The User asserts that he/she is not a VAT taxpayer. When the User becomes or already is the VAT taxpayer, he is obliged to provide all the data required to issue a VAT invoice. Such an invoice may be sent to the User’s email address or delivered with other electronic means.
2.12 The Developers agree and acknowledge that:
a) they are the developer and supplier of the products and this fact will also be clearly defined in their contractual arrangements with the Gamers as well as the relevant invoice, bill or sales receipt;
b) they will set the general terms and conditions of the sales made to the Gamers;
c) they will authorize the relevant charge to the Gamers and the delivery of the products; and
d) they are solely responsible for paying Value Added Tax - VAT or similar tax liabilities (such as Australian Goods and Services Tax - GST) in compliance with the applicable laws resulting from the sales of the products to Gamers made through the Site.
2.13 The Gamer is aware and hereby acknowledges that placing an order connected with purchase of the Content, from the Developer through the Site may entail an obligation to pay provided that a will to conclude a contract and to charge the Gamer is expressed by the Developer in accordance with point 5.5 below.
3. Users’ accounts
The User who wants to sell his/her products or services through the Site is obliged to provide in the registration process (or later when completing the account data) i.e. the following data: name, surname, address of residence, phone number, bank account number, VAT (or other tax) identification number, business registration number. Each User shall disclose his/her place of residence (headquarter or place of habitual residence). The Users take note and accept that GShare is in possession of tolls to detect the localization of computer network device (and the connection) as regards the country of origin from which the registration is performed. In case of discrepancies between the place of residence, headquarter or place of habitual residence indicated by the User in the course of registration process and the results of verification made by GShare, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, GShare shall be entitled to refuse to set-up the Account. Notwithstanding the foregoing the User also agrees on the aforesaid localization verification after the registration within the Site and undertakes to provide GShare with all information in this respect. The User is entitled to set up only one account, unless GShare gives individual permission. For avoidance of doubt, the User will not use VPN connection during the use of Site, unless it is necessary to run a registered business.
3.2 GShare is entitled to verify the data of the User by requesting from the User presentation of proper documents, their copies, scans, etc. In particular, GShare may request from natural persons not being entrepreneurs a scan of an identification document, and from natural persons being entrepreneurs, from legal persons, as well as from organization units being the Developers, presentation of proper documents which would confirm: the company address, being entered in the proper register, authorization to represent the natural person or organization unit, as well as to enter into obligations on his/her behalf for a person registering on the Site, VAT identification number and contact data such as phone number or email address. The documents (their scans of copies) confirming the above data shall be provided within 14 days since the day, on which GShare requested providing them from a person intending to register on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site. GShare may also request proper documents (their scans or copies) after registration of the User – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given Developer or Gamer or result in inability to sell the products or services through the Site by the Developer or the Selling User.
3.3 Following correct registration on the Site by the User he or she is provided with access to the full functionality of the Site after entering his or her login and password on the login page.
3.5 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.
3.6 The account is made available to the User by GShare free of charge and allows him or her to use the services offered through the Site, which is possible from any place in the world through the Internet network.
3.7 In case of any violation of these Terms and Conditions and the law in force by the User, GShare reserves its right and possibility to block the User’s Account.
3.8 Within the scope permitted by law, GShare 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, GShare hereby commits to deal with them as soon as possible.
3.9 The User acknowledges that sharing their account with other people or giving access thereto to many persons other than the User’s personnel may cause irreversible damage to GShare, Developers or other Users. The User is obliged to protect GShare and our partners against losses and damage caused by the use of their account by third parties.
3.10 The Users shall neither use other Users’ accounts nor make their accounts available to other Users or third parties. The above does not apply to the Developer in terms of making his/her account available to the persons entitled to act on his/her behalf and his/her employees, who are entitled by the Developer to use the account on the Site. GShare may request from the Developer a list of persons entitled to use the account, which the Developer shall deliver within 7 days.
3.11 To the extent permitted by law, GShare assumes no responsibility against the Users, should they violate the provision specified in 3.10 above. The Users assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site.
3.12 The account of the Developer may be blocked if it is noticed that the products put on sale by the Developer are faulty or had already been used.
4. General Terms and Conditions of Use
4.1 Subject to the Users’ compliance with the Terms and Conditions and their payment of any applicable fees, GShare 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 GShare. This license refers strictly to the functionalities of the Site and does not concern any licenses to the Content offered through the Site by Developers – the licenses to the Content may be granted upon discretion of their owners or other authorized persons.
4.2 All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by GShare or their owners, licensors, suppliers, publishers or other authorized persons.
4.3 The users may not misuse the GShare services. The Users may use the GShare services only as permitted by law. Users are not allowed to use them in order to violate the law or third party’s rights, in particular any copyright, intellectual property rights or personality rights.
4.4 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 Users the Content, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of GShare. 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 GShare. Any trademarks, marks and trade names constitute GShare property. Without explicit consent of GShare, the Users may 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 through the Site nor use them otherwise. 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 GShare. The use of any content or materials available from the Site for purposes not specified in the 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.
4.7 The Users hereby confirm and assert that they will not engage in the following:
a) they will not upload, create nor distribute through the Site any data violating any laws, terms of binding agreements or third parties’ rights (including any trade secrets, intellectual property rights, copyrights, personality rights or rights relating to personal data protection);
b) they will not publish any false or misleading information, which may be detrimental to or may expose GShare or third parties to any harm;
c) they will not impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Users’ accounts, provide false information on the sources, type and content of the data transferred through the Site, nor in any other way mislead other Users or GShare;
d) they will not use the Site for any other purposes than the use of services offered by GShare or Users;
e) they will not circumvent or disable the Site’s security;
f) they will not use the Site for any illegal purposes nor to violate domestic or international laws, including provisions relating to copyright, intellectual property rights and other property rights protection, as well as data protection provisions;
g) they will not slander, defame, offend, haunt, deceive other Users of the Site, will not collect nor attempt to collect their personal data or the personal data of other persons without their consent nor threaten them;
h) they will not attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;
i) they will not modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;
j) they will not in any way deliberately disturb the Site’s activity or disturb other Users the Content in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc.;
k) they will not in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;
l) they will not take any actions aimed at discovering access passwords of other Users the Content, including any attempts to guess the passwords;
m) they will not transfer for remuneration nor in any other way make available for remuneration part or whole of his account;
n) they will not upload on the Site any data containing any personal data of third parties;
o) they will not in any way make other Users’ the Content’ use of the Site difficult;
p) they will not make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources.
4.8 By posting or publishing their own content and materials on the Sites or by distributing them in any other way to GShare or its partners, the User, 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 GShare. The license also covers the right to present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related to or otherwise use the User content in any way and for any purpose whatsoever that might be beneficial to the operation of GShare, currently or in the future. The User acknowledges and warrants to GShare that he/she has sufficient means and rights to ensure such license.
5. Obligations of GShare
5.1 Under the condition of meeting the requirements specified in these Terms and Conditions by the Developer, GShare shall provide every Developer with the opportunity to sell the product on the Site.
5.2 Unless otherwise provided by GShare, the Developer may only sell on the Site products in the digital form, i.e. such products which may be downloaded by the Users to their workstations’ hard drive. Such products are not stored on material media carriers.
5.3 The Developer determines the price of products which he/she intends to sell on the Site. Subject to point 2.1 above, GShare collects no commission or other possible fees (if such are due) from the amount of such price. The Gamers and the Developers acknowledge and accept the fact that GShare may, as part of Additional Provisions mentioned in 1.6 above, set with a given Selling User or Developer commissions and fees being other from those defined in these Terms and Conditions including possible attachments.
5.4 By enabling the product by the Developer on the Site he or she authorizes GShare to present the product on the Site as an invitation to enter into agreement by Gamers willing to purchase the product at a price determined by this Developer. As such it does not constitute a sales offer within the meaning of the civil law. Provided that no Gamer has expressed the will to enter into agreement of buying the product, the Developer may change the product’s price. In case of the price change, provisions defined in 5.3 above are directly applied. The Developer acknowledge and accept that the product prices and descriptions are made public and are available for all Users of the Site.
5.5 If the Gamer (making a purchase) expresses the will to buy a product, he/she acknowledges that the Developer may be entitled to withdraw from concluding a contract of selling the product according to delivery and payment authorization preferences chosen by the Developer.
5.6 GShare is not entitled to dispose of and manage the funds transferred by the Users in relation to purchases of products or services from the Developer.
5.7 The Developers give GShare their consent to prepare descriptions of products put on sale on the Site – basing on the information provided by the Developer. The Developers are obliged to provide reliable and complete information needed to prepare the product descriptions, in compliance with real product features such as quality, producer or brand. GShare is obliged to prepare reliable product descriptions, corresponding to the product’s content. The product descriptions are available for every product under the tab „product details”. However, GShare assumes no responsibility for the compliance of the product description with its content, in a situation when the Developer misinforms GShare regarding the product, its access to a given gaming platform, etc. The Developers hereby entitle GShare to use the information defined here and provided by them free of charge, to prepare descriptions of products being sold, including modifications, alterations, translation of this content into other languages, etc.
5.8 GShare shall provide the Users with technical support in case of encountering problems with the functionality of the Site or Account.
5.9 In case of a purchase transaction performed by Gamers, the Developer accepts and assumes responsibility against the User for a product sold in terms of order compliance, correct functioning, potential physical and legal faults as well as prompt delivery.
5.10 GShare reserves the right to refuse to issue a replacement or refund if in GShare’s sole discretion GShare detects that a User has engaged in fraud, deception or abuse of the Site. Moreover, in the event that GShare detects a User has engaged in fraud, deceit or abuse after the issuance of a refund GShare reserves the right to reverse any refund already issued including withdrawal of any funds in said User’s GWallet.
5.11 The time to process Gamer ’s refund request depends on the Gamer ’s rating and his buying history in GShare ecosystem. The said rating is created by Gamer s. For each transaction, Gamer s can choose to rate each other by leaving a comment. Gamers can leave a positive, negative, or a neutral rating, negative or neutral rating plus a short comment. Developers can leave a positive rating and a short comment.
5.12 Documentation Servicesa) Performance of the Service may trigger an obligation by the Developer to document them with respective bills or business invoices (the Documentation). GShare possesses technical resources necessary to issue Documentation in the name and on behalf of the Developer, who hereby agrees to outsource issuing Documentation concerning its sales made on GShare’s Marketplace to GShare.
b) The Developer agrees to disclose and provide to GShare all the information (including but not limited to personal information such as registered address, VAT registration number, full title etc.) necessary to issue the Documentation on its behalf. The Developer agrees that the aforementioned information will be presented on the Documentation made available to Users making purchases from the Developer and this information will be presented on the Site.
c) GShare will, when appropriate, issue Documentation (the Documentation Service) in the name and on behalf of the Developer. Such Documentation will be issued and delivered to Gamers in a digital form using GShare’s platform. Copies of Documentation will be made available to the Developer by electronic means. GShare shall exercise due care when performing the Documentation Service, however, GShare does not and will not guarantee territory-wide compliance with all laws and regulations concerning the Documentation Service. As such, it is the Developer or Selling User’s sole responsibility to ensure that any and all Documentation complies with all applicable laws.
d) Developer agrees that GShare provides Developer with the Documentation Service, “as is”, GShare makes no representations or warranties whatsoever, express or implied, whether oral or written, with respect to the Documentation Service, including but not limited to any implied warranties of accuracy or compliance.
e) The Developer hereby agrees to defend, indemnify and hold harmless GShare, its related companies, and its and their directors, officers, employees, agents and licensees, from and against any claims, allegations, suits, losses, damages, liabilities, costs, settlements and expenses (including reasonable attorneys’ fees) arising from or related to any third party claim, suit or proceeding resulting from an act or failure to act on the part of Partner or any of its officers or employees, that may occur during or which may arise out of the performance of the Documentation Services. This defense and indemnification obligation will survive termination of the Agreement.
f) In addition to any limitation stated elsewhere in these Terms and Conditions, the Developer’s sole remedies for any error, defect or failure in the Documentation Service is the correction of the defect or error.
5.13 GShare Coins
a) Each User that has a verified phone number may purchase GShare crypto coins – GAME and/or MGO (the Coins). Any purchased Coins will be deposited into the purchasing Users’ Account. All purchases of Coins are final and not subject to a right of withdrawal, return or rescission.
b) Purchased Coins may be redeemed on the Site and subject to the limitations set forth herein and any set forth in the Users’ Account, Coins may be freely transferred between Users that have a valid mobile phone number. Any User that elects to transfer Coins to a Person must initiate the transfer utilizing the mobile application. If the intended recipient of Coins is not a User then said recipient shall be required, prior to being able to collect transferred Coins, create an Account on the Site using a valid mobile number. If after a period of seven (7) days any transferred Coins remain unclaimed they shall be returned to the User who initiated the transfer of the unclaimed Coins.
c) Coins may only be redeemed for the purchase of products offered by a Payment Recipient and may not: be paid out, transferred to User’s bank account, transferred to any other account, resold, redeemed for fiat currency – unless required by law.
d) The availability of Coins may be limited in your jurisdiction by local law or regulation. By using Coins, you agree that you are familiar with all laws and regulations in your jurisdiction and you shall indemnify and hold GShare harmless for any breach, violation of law or legal action resulting from your use of Coins.
f) GShare reserves the right to impose transaction limits on the purchase and/or transfer of Coins.
6. Obligations of the Users
6.1 Every Developer warrants and acknowledges that:
b) by accepting this Terms and Conditions and by placing the Content and/or any services or products on the Site or selling it on the Site he/she confirm and assert that such services or products are legally purchased and/or obtained and originate from legal sources, are free from any defects (both legal and physical) and any third party rights and claims and that the Developer are entitled to place and sell such products or services, especially by way of copyrights possession, and that it has all the necessary licenses, rights, permits and consents to their use, distribution, posting, publication, sale etc., in particular the right to sale through the Internet, online system, as well as that the rights are not limited in any way;
c) the products and services offered by them through the Site (a) do not violate any third party’s rights, including copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, nor any other ownership rights or intellectual property rights, and (b) do not slander, defame, backbite, nor insult any persons nor entities and they do not violate their rights, including privacy rights, image rights, nor any personality rights;
e) they will not engage in any activity detrimental to the good name and reputation off GShare, which may have negative effect on the Site, or the product and services sold through the Site;
f) they will not take any actions violating the law in force, contrary to good practices, rules of social conduct nor detrimental in any way to GShare interests;
g) they will not use the Site for any money laundering related activities nor for any actions providing to GShare the risk of being accused of using the Site for money laundering purposes;
h) will not use the Site to resell products which were acquired free of charge or with a discount connected with a charity event or supporting such an event;
i) will not use more than one account for selling or buying; will not use VPN connection unless it is necessary to run a registered business.
6.2 The Developer is obliged to provide information or documents concerning their business, company or products/services at first request of GShare. Each Developer represents, warrants, acknowledges and takes full responsibility that:
a) the information and documents submitted during the registration process or further use of the Site are true, accurate, valid and complete; and
b) they will immediately report all changes to the documents accordingly in order to keep them true, valid and complete.
6.3 Furthermore, each Developer warrants, acknowledges and are responsible for the fact that the property on sale that they submit, present and publish through the Site will fulfill the following conditions and:
- will be genuine, appropriate, complete and lawful;
- will not be false, deceitful or unreliable;
- will not contain information that is libelous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;
- will not infringe any applicable laws or regulations (including but not limited to regulations regarding export control, protection of consumer rights, unfair competition or fraudulent advertising) or promote any behavior that might infringe or violate any applicable laws or legal provisions; does not link, to any website(s) that might contain content infringing the above.
6.4 Furthermore, each Developer assumes responsibility, warrants and acknowledges that it:
will take all actions when visiting the Sites in accordance with applicable laws and regulations;
will deal with other Users properly and in good faith;
will take all actions in accordance with the Terms and Conditions, other documents and applicable additional arrangements specified within the framework of the Site;
will not use the Site for embezzlement or abuse of other Users (e.g. sale of stolen property, use of stolen credit/debit cards);
will not profess themselves as someone or whatever else or misrepresent their details or relations with someone or whatever else;
will not become involved in spamming or phishing (will not acquire information deceitfully);
will not become involved in any other unlawful activity (including crimes, torts, etc.) or encourage or persuade to commit unlawful acts;
will not become involved in any attempt to reproduce, use or embezzle any legally reserved GShare address directories, databases and password lists;
will not use any computer virus or any other destructive equipment or code to destroy, tamper, intercept or appropriate any software or hardware, data or personal information whatsoever;
will not attempt to compromise the integrity of data, systems or networks used by GShare and/or any other User or gain unauthorized access to such data, systems or networks;
will not become involved in any action that might otherwise render GShare or our partners liable, in particular these specified in section 4.7 above.
6.5 If the Developer is a business representative of a company, it warrants and certifies that as such a representative he possesses the necessary consents and authorizations from their principal to:
a) act as a sales representative,
b) publish the contact details necessary to conduct business,
c) a third party will be able to use this data to contact him in matters important in the context of the business activity. In addition, the Developer certifies that third parties may contact the representative without the consent of his principal.
6.6 The Developer agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to GShare customer care department for GShare to provide its services depending on whether or not the Developer has violated the Terms and Conditions and/or a complaint against the User has been filed. If failure to do so is caused by any delay, suspension or denial of access to any Service, GShare will not be obliged to extend the term of such a service or held liable for any loss or damage caused by such a delay, suspension or denial.
6.7 Each Developer agrees and acknowledges that they are obliged to act in conformity with all the laws and regulations applicable to themselves, the transaction and the respective User.
6.8. Every User warrants and acknowledges that it:
b) will not engage in any activity detrimental to the good name and reputation of GShare, which may have a negative effect on the Site, or the products and services sold through the Site;
c) will not take any actions violating the law in force, contrary to goods practices, rules of social conduct nor detrimental in any way to GShare interests;
d) will not use the Site for any money laundering related activities nor for any actions which cause GShare to run the risk of being accused of using the Site for money laundering purposes;
e) will not use more than one account for buying; will not use VPN connection unless it is necessary to run a registered business.
6.9. The Developer is solely responsible to provide the User being a consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the contract as well as fulfill other documentary obligations resulting from any applicable law.
7. 1 Within the scope permitted by law, GShare’s liability shall be excluded in relation to:
any damages resulting from the use of the Site, accessing it or the inability to use the Site by the User due to reasons beyond GShare control;
any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that GShare is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
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;
any actions taken by GShare in relation to the User linked to any their infringement of the law in force or Terms and Conditions, particularly such as account blockade or stopping access to the Site, limitation of possibilities to use specific services of functions within the Site;
infringing the law in force or any third party’s rights by Developers, in particular in relation to any damages caused to third parties by Developers as a result of violating copyrights, industrial property rights, etc., in particular for any demands in relation to the transmission, distribution, publication, offering, presentation of data to which the Developer or/does not have copyrights or any other required titles;
any actions and results thereof related to any violation by the User of these Terms and Conditions or to submission by the User of false data or submission of false or untrue statements and assurances, mentioned in these Terms and Conditions;
any actions based on collection of personal data by the User in a manner contrary to the law in force, or their processing, in particular transfers of other Users personal data to unauthorized persons; any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of GShare from any disputes between Users);
any harm, damages, claims, compensation, non-pecuniary damages, physical and legal defects of products and services sold through the Site by Developers against Users – owing to the fact that within such scope, GShare is not a party of such legal relationships.
7.2 GShare shall not in particular bear any responsibility against any third parties related in particular to nonperformance or improper performance by the Developer of his agreement with the User, or to any delict committed by the Developer, any infringement by the Developer of the law in force or related to any false information, assurances or statements submitted by the Developer. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to GShare, related to Developers' behavior specified in section 7.1. above, the Developer is obliged to take full responsibility against these entities, which means in particular that the Developers shall bear all and any costs related thereto and borne by GShare or to which GShare will be forced through any kind of commitment, including where legal advice will be sought or any fees, damages, fines, penalties, notice charges, charges related to personal presence at court or in front of any authority and public administration body, correspondence costs and any other possible charges, fees, etc. Moreover, where third parties file any claims against GShare related to any violations on part of the Developer, in particular violation of copyrights, such Developer shall replace GShare in such proceedings or shall act as a third party’s respondent.
7.3 Furthermore GShare does not guarantee that any User is capable of concluding an agreement through the Site, and in particular that such agreement will be performed. GShare is not responsible against Users for any non-performance or improper performance of the agreement neither by the User against the Developer nor by the Developer against the User. GShare shall not be liable against the Users for the products and services sold through the Site by the Developers, including for whether they are fit for purpose, for their quality, legality, legal and physical defects. GShare shall not be liable against the Developers for the correctness and validity of any statements made by the Users, for their solvency or ability to conclude agreements with Developers through the Site.
7.4 Notwithstanding the generality of the following guidelines, the Developer shall be held liable for material violation of the Terms and Conditions and other obligations where:
in case of formal notification of a claim by third party against the Developer and where the Developer deliberately failed to reach/contact the harmed party or did not submit the relevant explanations to GShare or where it blatantly fails to fulfill his obligations, e.g. in case of non-delivery of the ordered product or service despite its cost being settled, or where the product or service delivered do not conform with the declared form or quality,
the Developer provided false, incomplete or misleading data,
where there is a reasonable probability that the Developer undertook actions, which may be detrimental to GShare and/or its partners in terms of their assets or legal liability.
7.5 To the fullest extent permitted by law, all services provided by GShare on or through the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and GShare 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 Developers or sold by itself, unless consumers rights protection laws provide otherwise.
7.6 Notwithstanding provisions stipulated in cl. 5.10.-5.13., to the fullest extent permitted by law, GShare does not make any representation or give any warranty in relation to the quality, manufacturing, import, export, distribution, offering, presentation and/or use of any products or services offered on the Site nor does GShare take any responsibility for any potential infringements of third party rights related to the use of any services or products available through the Site.
7.7 Notwithstanding the foregoing, the total liability of GShare against the Developers 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 Developer. All claims arising from the use of the Site or services have to be raised within fourteen (14) days after the date on which a problem occurs. In countries where limitation of liability against consumers is possible, the terms of the first and second sentence of this section shall apply accordingly.
7.8 The limitations and exclusions of liability under Terms and Conditions apply to the fullest extent permitted by law and will be effective regardless of giving notice to GShare that such damage may occur.
8. Dealings between Users and Developers
8.1 Users acknowledge that engaging in any transactions on the Site involves the risk of dealing with abusive people. GShare uses its reasonable endeavors to verify the accuracy of the data and information provided by our Users during the registration process as well as payment processes and when separate agreements are concluded with the Developers. However, as the identity of Internet users is difficult to verify, GShare is unable to confirm and does not confirm the alleged identity of Users. We recommend you to use various means, including common sense, to assess who you are dealing with.
8.2 Users are personally responsible for observing all the terms and conditions of transactions conducted on, through or as a result of using the Site or services, in particular the Terms and Conditions and other commitments. This also includes, but is not limited to, payment terms, warranty, returns, delivery, time of delivery, insurance, fees, taxes, licenses, or penalties.
8.3 Users agree to provide all necessary information and documents that may be required in connection with transactions (between Developers and Gamers) and other obligations under these Terms and Conditions.
8.4 In order to unify rules of transactions performed through the Site and to ensure standard of fair practice when conducting the Users hereby confirm that an agreement between the Users becomes valid once the provision of a service and the charge to the Gamer (making the purchase) is authorized by the Developer upon his/her final consent stipulated in point 5.5 above. All further actions connected with the agreement, rights and obligations, are regulated by adequate laws or agreements between Users.
8.5 GShare pays utmost care to ensure that the transactions between Users are completed without any problems. However, in the rare circumstances where GShare has been informed that a product or service sold by a Developer is mispriced, or the Gamer has been charged for less than the transaction amount due to wrong exchange rates being applied or any other technical fault or mistake, GShare may, in its discretion, cancel the transaction by returning the funds to the Gamer and the products to the Developer.
9. Donating on the GShare Site
9.1 GShare supports:
a) charity activities,
b) initiatives for health and social care,
c) initiatives for environment and animal protection,
d) promoting human rights and freedom,
e) promoting art, culture and science. Therefore, GShare enables all Users to donate moneys with the help of the Site (from here called Donations) to foundations, public benefit organizations and other subjects
realizing goals mentioned herein (the Beneficiaries).
9.2 In connection with Donations GShare shall create a subpage on the Site with information about currently supported initiatives and information that lets Users identify the Beneficiary.
9.3 Donations shall be made in Coins and transferred to the chosen Beneficiary is chosen.
9.4 GShare shall not use the donated funds in any way. The Donations are owned by the Users until they are transferred to the Beneficiary. The Donations are to be returned on the User’s demand if the claim was made within 7 days from the date of the Donation.
10. Forbidden Actions – Anti Violation Procedures (a so-called notice and takedown procedure)
10.1 Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Developer is obliged to notify the Site's operator thereof (to the e-mail address:
email@example.com or through registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'GShare' is defined), indicating and submitting:
a) the exact location of the data;
b) the right violated;
c) circumstances and evidence proving the legal title to bring an action in terms of the violated right together with a statement under the penalty of perjury to the effect that he or she is the sole person entitled to the data found on the Site (in particular games or game codes) and that the Developer has no right to them (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'GShare' is defined)
d) his or her personal data, in particular the name, surname, business name, registered seat address or residence address, e-mail address;
e) a personal data processing statement consenting to processing for the purposes of the notice and takedown procedure (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'GShare' is defined).
10.2 Following the receipt of a credible notification specified above, GShare 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 Developer responsible for uploading the data through the Site, that such notification and claim by a third party has been submitted.
10.3 The Developer who has received notification mentioned in section 2 above may submit its reply and evidence confirming its rights to distribute, make available etc. the data, in particular evidencing copyrights, licenses or ownership rights to the games and game activation codes.
10.4 The Developer who notified GShare 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 Developer were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:
uploaded back to the Site without amendments;
uploaded back to the Site, amended in accordance with the changes agreed by the parties;
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 through registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'GShare' is defined.
it is not possible to determine the Developer responsible for publication of third party's data or their distribution on the Site etc.
the Developer does not submit any reply to the notification of third party's claim within 14 days from its receipt from GShare to the Developer's e-mail address 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.
10.6 Where any notification is received from competent authorities or credible information is submitted on the illegal nature of the data available on the Site, GShare will immediately disable any access to such data.
10.7 GShare reserves the right to, at its own initiative, remove specific data from the Site or prohibit transmitting, posting or storing etc. if we find them illegal or unlawful.
10.8 GShare can prevent adding certain data or selling certain products on the Site if they receive reliable information that such actions are in conflict with the Terms and Conditions or statements given by the Developer.
11. Complaints Procedure
11.1 The Users have the right to file complaints connected with the services provided by GShare. All complaints should be sent in a written form to 8 Marina boulevard #05-02 Marina bay Financial center Singapore 018981. All complaints shall be resolved within 10 days from the date of their delivery to GShare. Replies shall be sent to the address from which the complaint has been received or any other given by the complaining party.
11.2 If the User has complaints about the product he/she has bought, subject to the provisions of point 5.8 above, he/she may file a complaint to the Developer with the help of GShare. In such case GShare only helps in initiating the complaint procedure and does not resolve the complaint. This does not apply to products sold and owned by GShare – in this case GShare resolves the complaint.
11.3 Any objections connected with the complaint procedure should specify the User that files such objections, detailed description of the problem and the suggested resolution satisfactory for the User.
11.4 Notwithstanding the provisions of point 11.2 above, the Content purchased through the Site, which has not been retrieved from the Site or – being retrieved – has not been activated (used) by the User might be returned to the Developer provided that the Developer grants the User a right to return the purchased product. The User shall unequivocally determine whether he/she grants such right with regard to a given product or a given User. A proper information in this respect will be presented on the product page on the Site.
11.5 In case of enabling the User to return a purchased product, subject to point 11.4 above, such returned product is sent back to the Developer and can be sold again within the Site provided that this product is not defective.
11.6 In the event of any disputes between the Users in relation to the services or products purchased on the Site with the use of the payment method offered by PayPal Holdings, Inc., PayPal (Europe) S.à r.l. et Cie, S.C.A. or their affiliates or subsidiaries, including any dispute(s) regarding the chargeback, bank reversal, PayPal dispute(s), the Developer are obligated to notify GShare in this regard solely through their Account by use of the ticket button available in the “Account details” section.
The aforesaid notification by the Developer shall be made immediately, however, no later than 14 (fourteen) days from the start of this disputes (i.e. at the moment the Developer has received the complaint from the Gamer regarding the products or services offered by the Developer on the Site).
In addition, the Developer are also obligated to provide GShare with all the necessary information, within the above mentioned 14 (fourteen) day period, regarding this dispute(s) and any information that may be requested by GShare. The Developer shall fully cooperate with GShare to resolve any dispute(s) with the Gamer. In the event that the Developer does not inform or improperly informs GShare regarding the started dispute(s) within the aforesaid term, GShare will not be obligated to settle any complaint concerning the said dispute(s) and will be released from any liability to the Developer relating to or arising from the aforementioned dispute(s), in particular GShare will be released from any obligations to return any money to the Developer or the Selling user.
12.1 Both the User and GShare have the right to terminate the agreement. The agreement between the User and GShare on providing a teleinformatic platform and certain functions of the Site is concluded for unspecified period of time.
12.2 Termination of the agreement by GShare is made through the deletion of 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. In case of gross violation of the terms of these Terms and Conditions by the User, GShare has the right to terminate it with immediate effect through an immediate removal of User account or blocking his access to the Site.
12.3 Termination of the agreement by the User is made through removal of his account. The User may withdraw from the contract within 14 days from the date the contract was concluded unless the User has already made the offer of sell or purchase of the game code. The User may at any time electronically request removal of his account by GShare. GShare is obliged to remove the account without any delay, no later than within three (3) days from the receipt of the User’s request. After such period the agreement is terminated. GShare shall immediately provide the User, in a durable medium, with the acknowledgment of receipt of the notice of withdrawal.
12.4 If the termination of the agreement has been made by GShare the User cannot create another Account on the Site without GShare’s consent.
12.5 GShare 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 (if GShare will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights. Within the law, GShare is not responsible for a temporary lack of access to the User’s Account, especially for the inability to sell products.
13. Final Provisions
13.2 Any User may not transfer its rights, obligations or claims arising hereof to any third party without prior written consent of GShare. The Users hereby consent to and agree that GShare may transfer the rights and obligations arising from the agreement between GShare and the Users to a third party, including the consent to transfer their personal data processed by GShare.
13.4 Any communication with the Site’s administration shall be made by e-mail to the address: firstname.lastname@example.org.
13.5 Any comments and remarks on Content violations of these Terms and Conditions shall be notified with GShare to the address:email@example.com.
13.6 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.
13.7 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.
13.8 Section headings and other headings in this Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation thereof.