Terms of Service

TERMS AND CONDITIONS OF THE SITE – SwiftGames.org & SwiftGames

This document defines the legal (contractual) relations between the User and SwiftGames.org & SwiftGames, defines the legal (contractual) relations between SwiftGames.org & SwiftGames and the Seller as well as defines legal relations between the User and the Selling User and between the User and the Seller.

Definitions

SwiftGames.org & SwiftGames – the company SwiftGames.org & SwiftGames or the company SwiftGames depending on which of them is a party to the agreement in accordance with further provisions of this Terms and Conditions.
Site – a group of affiliated websites made available on the Internet from the address: www.SwiftGames.org & SwiftGames, or any other address linked to SwiftGames.

User – any person using any of the Site’s functionalities and/or who has registered on the Site.
Buying User – any natural person or entrepreneur buying products via the Site;

Selling User – a natural person, who is not an entrepreneur, selling via the Site and being the owner of game-keys in the digital form.

Terms and Conditions – these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Sellers and SwiftGames.org & SwiftGames, constituting terms and conditions for the provision of services via electronic means.

Privacy Policy – a set of rules regulating the processing of personal data and privacy protection policies applied against Users by SwiftGames.org & SwiftGames.

Affiliate Marketing Program or Affiliate – a partnership program defined in separate regulations, allowing Users to search for persons purchasing products and services offered through the Site and to benefit from the situation where purchase of goods or services is made by a person found in this way.

Seller – an entrepreneur operating in any form who sells its goods or services, especially game-codes in digital form to Users via the Site. The seller may also purchase goods/products from other Sellers via the Site.

Account – an account kept on the Site for a User, enabling the User to use the services offered through the Site and benefit from its full functionality.

Durable Medium – any instrument which enables the User or the Seller or SwiftGames.org & SwiftGames to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purpose of the information and which allows the unchanged reproduction of the information.
All provisions of these Terms and Conditions concerning the User apply also to the Selling User, whereas all provisions concerning the Selling User apply only to the Selling User. The User may (but does not have to) possess the status of the Selling User at the same time. Every Selling User possesses the status of the User at the same time.

1. Applicability and Acceptance of the Terms and Conditions
1.1 The User and the Seller hereby agree to and accept these Terms and Conditions and the Privacy Policy as a whole and without reservations.
1.2 Members unable to conclude a legally binding agreement with SwiftGames.org & SwiftGames, with the Selling Users or with the Sellers and those who are prohibited from using the services due to the regulations of the State or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Site. The User hereby confirms that he or she is at least eighteen (18) years old (or has reached another age which in light of his or her domestic law entitles the User to conclude legally binding agreements), has full capacity to take legal actions and agrees to these Terms and Conditions. Should the User act for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – he or she hereby asserts SwiftGames.org & SwiftGames that they are authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such User is of the same effect as if they were accepted by such third party.
1.3 The Seller hereby confirms that it is an entrepreneur and accepts these Terms and Conditions. Where the Seller uses the Site for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – hereby asserts SwiftGames.org & SwiftGames that he or she is authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such Seller is of the same effect as if they were accepted by such third party. The Seller states that there are no factual or legal grounds preventing him from the conclusion of this agreement with SwiftGames.org & SwiftGames and the Users through the Site aimed at sales of products and services to the Users.
1.4 SwiftGames.org & SwiftGames reserves its right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, which can be done unilaterally and at its own discretion and at any time through publication of the amended Terms and Conditions on the Site. Therefore it is the User’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using such Site and services you signify your agreement to be bound by all changes that may affect you. Unless explicitly stated otherwise, the amended Terms and Conditions shall come into effect immediately after their publication on the Site. The modifications of these Terms and Conditions become binding for the Sellers at the moment of publication of the amended Terms and Conditions on the Site. To all the agreements between SwiftGames.org & SwiftGames and the Seller or between the User and SwiftGames.org & SwiftGames which were signed before the modifications of these Terms and Conditions were introduced and which would be supposed to be realized after the moment in which the amended Terms and Conditions should enter into force – the Terms and Conditions from the not-amended (current) version are applied.
1.5 In the event that the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail.
1.6 Users or Sellers may conclude with SwiftGames.org & SwiftGames, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and SwiftGames.org & SwiftGames (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 SwiftGames.org & SwiftGames, the User and the Seller communicate with SwiftGames.org & SwiftGames electronically. SwiftGames.org & SwiftGames communicates with the Users and Sellers by e-mail or by posting notices on the Site or through their distribution via communication channels within other services. For contractual purposes, the User and the Seller consent to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that SwiftGames.org & SwiftGames electronically provides meet any legal requirements of such communication in writing.
1.8 As part of the Site – within the scope of agreements concluded between the Seller and the User or between the Selling User and the User – SwiftGames.org & SwiftGames provides exclusively so called regular transfer, caching and hosting services (specified below in a), b) and c)). To such extent, SwiftGames.org & SwiftGames renders services based on making available a computerized infrastructure to intermediate in data transmission and in the storage and sharing of data by Users and Sellers with SwiftGames.org & SwiftGames.
a) SwiftGames.org & SwiftGames enables transmission of data transferred by one recipient (User or Seller) and ensures access to the telecommunication network, except that SwiftGames.org & SwiftGames:
is not the initiator of the data transfer,
does not choose the recipient of the data transfer,
Can choose and modify the information contained in the transfer. Within this scope SwiftGames.org & SwiftGames may conduct automatic and short-lasting or long term, indirect or direct storage of the transmitted data for the purpose of conducting transmission, and insuring a risk free exchange.
b) SwiftGames.org & SwiftGames enables data transmission and automatic and short-lasting, indirect or direct storage of data aimed at making their further access more rapid, except that SwiftGames.org & SwiftGames:
can 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) SwiftGames.org & SwiftGames makes available computerized system’s resources aimed at storage of data by Users and Sellers.
1.9 SwiftGames.org & SwiftGames provides the Users and Sellers with a digital trading platform to exchange information on products and services with SwiftGames.org & SwiftGames as the intermediary. In addition, SwiftGames.org & SwiftGames provides the possibility of establishing, presenting and completing transactions between Users and Sellers via electronic means, including in particular the sales of games and game codes to Users by Sellers, between the Selling User and the User, as well as between Sellers. SwiftGames.org & SwiftGames is neither a party to the agreement between the User and the Seller, nor between the Selling User and the User, nor between Sellers – it merely provides specific assistance and administration services to the Sellers and the Users.
1.10 Notwithstanding the provision in 1.9 above, SwiftGames.org & SwiftGames also sells its own products and services through the Site.
1.11 The technical requirement for the use of the Site by the User and the Seller 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 User/the Seller to be able to enable Java, Java Script, Flash support etc.
1.13 With regards to each agreement being concluded within the Service, User gives his/her consent to fulfil the obligation before the date of the agreement withdrawal. Moreover, User is obliged to file the representation concerning the consent to fulfil the obligation before the date of the agreement withdrawal in a separate form (excluding this provision) after first Seller’s or SwiftGames.org & SwiftGames’s request – in a situation when, on Seller’s clear demand, the obligation is to be fulfilled before the date of the agreement withdrawal.

1.14 User does not have a right to withdraw with regards to all the agreements which he/she concludes within the Service for providing digital content which is not recorded on a physical medium, in particular connected with the purchase of game codes.
1.15 The User, Buying User, Selling User and the Seller 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 this matter. The aforesaid agreement is connected with obligations and reporting tasks of SwiftGames.org & SwiftGames (if this company is a party to the agreements referred to in this paragraph) 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 above, SwiftGames.org & SwiftGames collects its commission or other possible fees (if such are due) from the amount of such a price
2.1 Joining SwiftGames.org & SwiftGames and buying items on sale through the Site is free of charge for the Users. The Users are charged only for the use of selected payment channels or for payments and commissions due to SwiftGames.org & SwiftGames. The amount charged is listed on the payment selection page. SwiftGames.org & SwiftGames shall collect its commission from each sale price of a given product specified by the Seller or the Selling User. The commission may vary depending on the payment provider used to finalize the transaction. Moreover, the commission is different for Selling Users and for Sellers. SwiftGames.org & SwiftGames also charges a fee for payouts done by Selling users and Sellers. This is mainly caused by the need to cover the bank or payment provider fees that SwiftGames.org & SwiftGames has to pay for the payout operation. The fee varies depending on whether the payment is to be made via the payment provider or directly to the bank account of the Seller or the Selling User. SwiftGames.org & SwiftGames also charges a fee for putting a product on sale via the Site. Once an item is placed up for sale SwiftGames holds all rights for pricing each item on the SwiftGames.org & SwiftGames site.
2.2 The amount of the commission referred to in point 2.1. SwiftGames.org & SwiftGames may add the amount of Value Added Tax valid at the place of residence, headquarter or place of habitual residence on the territory of the European Union which is connected with obligations of SwiftGames.org & SwiftGames in relation to Value Added Tax in conformity with Community Law, in particular with those referred to in paragraph 1.15.
The Selling User and the Seller gives his/hers consent to SwiftGames.org & SwiftGames for adding to the price referred to in point 2.1. the amount of Value Added Tax valid at the place of residence, headquarter or place of habitual residence on the territory of the European Union of the Buying User who does not run a business activity. The aforesaid consent is connected with obligations of SwiftGames.org & SwiftGames in relation to Value Added Tax in conformity with Community Law, in particular with those referred to in paragraph 1.15. In the present case the amount of the commission collected by SwiftGames.org & SwiftGames shall be calculated on the amount of the selling price without including the amount of Value Added Tax.
2.3 The prices specified for each product or service 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. SwiftGames.org & SwiftGames reserves its right to temporarily suspend the Service Fees for promotional purposes or for development of new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.
2.4 All fees are denominated in the choice of SwiftGames.org & SwiftGames The User and the Seller are obliged to pay such fees and taxes relating to his/her use of the services available on the Site on time. The User and the Seller are obliged in particular to pay due taxes, fees or other due amounts required in connection to the agreements concluded via the Site on their own. If certain payment method shall fail or an invoice is overdue, SwiftGames.org & SwiftGames reserves its right to demand payment by way of other method of payment including all possible additional costs of such method.
2.5 The User and the Seller 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. SwiftGames.org & SwiftGames may, at its absolute discretion, 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 The Users may make payments within the payment solutions available on the Site. All the payment solutions are described within the Site.
2.8 Any User (or Seller) 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, SwiftGames.org & SwiftGames shall not be liable against the Users (or Sellers) 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. If the payment has not been accepted due to SwiftGames.org & SwiftGames fault, the User shall inform SwiftGames.org & SwiftGames thereof by sending an e-mail through the site at https://www.SwiftGames.org & SwiftGames/contact-us/.
2.9 The User and the Seller give their consent to SwiftGames.org & SwiftGames to transfer personal data of the User or the Seller, 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 realise the transaction in the form of the payment from the User to the Seller or the Selling User.
2.10 The User and Seller assert 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 the VAT taxpayer. When the User becomes or already is the VAT taxpayer, he is obliged to provide all the data required to issue the VAT invoice by SwiftGames.org & SwiftGames. Such an invoice shall be sent to the User’s email address.
2.12 The User is aware and hereby acknowledges that placing an order connected with purchase the game codes via the Site entails an obligation to pay.
3. Users’ accounts
3.1 In order to set up his/her account, the User is obliged to register by filling in the registration form available on the Site. During registration the User is prompted to supply his or her current email address and username as well as to accept the Terms and Conditions and Privacy Policy. After subscription to the Site, If it is discovered by SwiftGames.org & SwiftGames that the User or Seller utilized an email address that was created by the User with the intent that the email address be in existence for a limited period of time (e.g. a so called disposable email address) SwiftGames.org & SwiftGames reserves the right to suspend User’s account. If a User’s or Sellers’s account is suspended any balance or accounts, keys or other information on said account may be fortified. SwiftGames.org & SwiftGames may at SwiftGames’s sole discretion reactivate such an account or assist in transferring funds. The User who wants to sell his/her products or services via the Site (becoming the status of the Selling User) is obliged to provide in the registration process (or later when completing the account data) the following data: name, surname, address of residence, phone number, bank account number, VAT identification number. Each User shall tick if his/hers place of residence (headquarter or place of habitual residence) is on the territory of the European Union or on the territory of any other country. The Users take note and accept that SwiftGames.org & SwiftGames 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) (on the territory of the European Union or outside the European Union) indicted by the User in the course of registration process and the results of verification made by SwiftGames.org & SwiftGames, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames with all information in this respect.
3.2 SwiftGames.org & SwiftGames is entitled to verify the data of the User or the Seller by requesting from the User or the Seller presentation of proper documents, their copies, scans, etc. In particular, SwiftGames.org & SwiftGames 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 organisation units being the Sellers, presentation of proper documents which would confirm: the company address, being entered in the proper register, authorisation to represent the natural person or organisation 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 SwiftGames.org & SwiftGames 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. SwiftGames.org & SwiftGames may also request proper documents (their scans or copies) after registration of the User or the Seller – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given Seller or User or result in inability to sell the products or services via the Site by the Seller 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.
3.4 Registration on the Site by the User and/or the Seller is equivalent to the User and/or the Seller having read, understood and accepted the Terms and Conditions in full, including the Privacy Policy, and has consented to the processing by SwiftGames.org & SwiftGames, now and in the future, of personal data transferred to him during the Site registration process – aimed at fulfillment of the services available on the Site by 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 updated e-mail address is always assigned to his account on the Site.

3.6 The account is made available to the User by SwiftGames.org & SwiftGames 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 via the Internet network.

3.7 In case of any violation of these Terms and Conditions and the law in force by the User, SwiftGames.org & SwiftGames reserves its right and possibility to block the User’s account.

3.8 Within the scope permitted by law, SwiftGames.org & SwiftGames 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, SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames, Sellers or other Users. The User is obliged to protect SwiftGames.org & SwiftGames and our partners against losses and damage caused by the use of their account by third parties.

3.10 Accounts are also created for the Sellers. In order to set up his/her account, the User is obliged to register by filling in the registration form available on the Site. During registration the Seller is obliged to provide, first and foremost: name, surname, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number as well as to accept these Terms and Conditions as Privacy Policy. After creating an account, SwiftGames.org & SwiftGames shall provide the Seller with the password, which may later be changed by the Seller.

3.11 The Seller is obliged to exercise reasonable care to ensure that an updated e-mail address is always assigned to his account on the Site.

3.12 In case of any violation of these Terms and Conditions and the law in force, etc. by the Seller, SwiftGames.org & SwiftGames reserves its right and possibility to block the Seller’s account. Provisions 3.8 and 3.9 above are applied do the Sellers’ accounts respectively.

3.13 The User and the Seller shall neither use other Users’ and Sellers’ accounts nor make their accounts available to other Users, Sellers or third parties. The above does not apply to the Seller 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 Seller to use the account on the Site. SwiftGames.org & SwiftGames may request from the Seller a list of persons entitled to use the account, which the Seller shall deliver within 7 days.
3.14 To the extent permitted by law, SwiftGames.org & SwiftGames assumes no responsibility against the Users and the Sellers, should they violate the provision specified in 3.13 above. The Users and the Sellers 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.
3.15 The account of the Seller and the Selling User may be blocked if it is noticed that the products put on sale by the Seller or the Selling User are faulty or had already been used.
4. General Terms and Conditions of Use
4.1 Subject to your compliance with the Terms and Conditions and your payment of any applicable fees, SwiftGames.org & SwiftGames or the Sellers, as the case may be, grant the Users (or other Sellers) a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services offered by SwiftGames.org & SwiftGames (or the Sellers).
4.2 All rights not expressly granted to you in these Terms and Conditions are reserved and retained by SwiftGames.org & SwiftGames or its owners, licensors, suppliers, publishers or other authorized persons.
4.3 You may not misuse the SwiftGames.org & SwiftGames services. You may use the SwiftGames.org & SwiftGames services only as permitted by law and the Users and Sellers are not allowed to use them in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.
4.4 Any texts, graphic materials, interactive functions, logos, photographies, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users or Sellers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of SwiftGames.org & SwiftGames. 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 SwiftGames.org & SwiftGames. Any trademarks, marks and trade names constitute SwiftGames.org & SwiftGames property. Without explicit consent of SwiftGames.org & SwiftGames , the User nor the Seller must 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 via 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 SwiftGames.org & SwiftGames. 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 within the meaning of article 1 of the Act on copyright and is subject to protection under the Act on copyright and related rights of February 4th, 1994. Furthermore the Works 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.
4.5 In order to protect his/her personal data, the User is obliged to read and accept the Terms and Conditions and the information policy of the Site concerning personal data uploaded through the Site and on the partnership websites of SwiftGames.org & SwiftGames. By using the Site, the User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy Policy.
4.6 SwiftGames.org & SwiftGames may provide Users with access to the content, products or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else) leading to the sites of such providers. It is recommended to read the regulations of such sites, their Privacy Policy and Terms and Conditions before starting to use such sites. The User is informed that SwiftGames.org & SwiftGames has no control of the websites owned by other providers, nor does SwiftGames.org & SwiftGames monitor such sites or is liable to Users for such websites, their content or the products or services that are available from such websites.
4.7 The User and the Seller hereby confirm and assert that they will not engage in the following:
a) they will 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 SwiftGames.org & SwiftGames 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, Sellers or SwiftGames.org & SwiftGames;
d) they will not use the Site for any other purposes than the use of services offered by SwiftGames.org & SwiftGames, other Sellers 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 or Sellers 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 or Sellers, 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’ or Sellers’ 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 SwiftGames.org & SwiftGames or its partners, the User and the Seller, within the scope permitted by law, grants an irrevocable, permanent and free licence, to use the said materials in any way and in any place by SwiftGames.org & SwiftGames. 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 SwiftGames.org & SwiftGames, currently or in the future. The User acknowledges and warrants to SwiftGames.org & SwiftGames that he/she has sufficient means and rights to ensure such licence.
4.9 Selling such items/products as game accounts or other accounts (including selling of login and password), which are not designated for sell according to third party regulations and policies, is prohibited.
5. Obligations of SwiftGames.org & SwiftGames
5.1 Under the condition of meeting the requirements specified in these Terms and Conditions by the Seller and the Selling User, SwiftGames.org & SwiftGames shall provide every Selling User and Seller with the opportunity to sell the product on the Site.
5.2 Unless otherwise provided by these Terms and Conditions, the Seller and the Selling User 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 storage on a material media carriers.
5.3 SwiftGames.org & SwiftGames determines the price of products which Sellers / Selling Users intends to sell on the Site. Subject to point 2.1 above, SwiftGames.org & SwiftGames collects its commission or other possible fees (if such are due) from the amount of such a price. The Users and the Sellers acknowledge and accept the fact that SwiftGames.org & SwiftGames may, as part of Additional Provisions mentioned in 1.6 above, set with a given Selling User or Seller commissions and fees being other from those defined in these Terms and Conditions including possible attachments.
5.4 Offering the product sales by the Seller or the Selling User on the Site equals the consent to sell it on the Site and constitutes a sales offer in relation to the civil law. The offer is valid for an indefinite period, till the purchase of the product by the User or other Seller. Provided that no User (or other Seller) has accepted the offer, The Seller or the Selling User may not change the product price. In case of a price change, provisions defined in 5.3 above are directly applied. The Seller and the Selling User acknowledge and accept that the product prices and descriptions are made public and are available for all Users of the Site.
5.5 Moreover, the Parties mutually agree that their due payments made by the Users (or Sellers shall be paid by these Users (or Sellers) by means of a chosen payment channel set by SwiftGames.org & SwiftGames to the bank account of SwiftGames.org & SwiftGames. The Seller and the Selling User hereby entitle SwiftGames.org & SwiftGames to charge the Users (or Sellers) the full due amount to the bank account of SwiftGames.org & SwiftGames. From the funds collected on its account, SwiftGames.org & SwiftGames deducts its due commissions and fees from the Seller and the Selling User, by retaining its amount on the SwiftGames.org & SwiftGames’s bank account, whereas the remaining part shall be transferred to the Seller’s or the Selling User’s bank account. The Seller and the Selling User agree that the transfer of the payment to the Seller or the Selling User shall follow within 30 days from the date of the funds reaching the SwiftGames.org & SwiftGames’s bank accounts. The Seller and the Selling User agree that the payment transfer for the Seller shall follow within 30 days after the money reaching the SwiftGames.org & SwiftGames’s bank account and after setting the payout with chosen payout option; for the Selling User within 14 days after the moneys reaching the SwiftGames.org & SwiftGames’s bank account.
5.6 The commission paid by the Seller to SwiftGames.org & SwiftGames is non-returnable, in particular in a situation when the payment, which shall be settled in relation to these Terms and Conditions, made by the User (or other Seller) for products or services purchased, would have to be returned by the Seller to the User (or other Seller) (e.g. as a result of the User’s complaint caused by faults of the products or services provided by the Seller). Due to the commission being non-returnable, the Seller is not entitled to claim any compensation from SwiftGames.org & SwiftGames. Moreover, SwiftGames.org & SwiftGames may retain on its bank account the sums of back commissions, contractual penalties, costs which the Seller shall cover or compensations owed from the Seller.
5.7 The provision included in 5.6 above does not concern the Selling Users. In their case, SwiftGames.org & SwiftGames undertakes investigation (especially compensatory investigation defined in 10 below) in order to clarify the reasons for demanding refund to the User. Depending on the conclusions of such investigation, the funds shall be returned by the Selling User (including transfer of the funds from the SwiftGames.org & SwiftGames’s bank account to the User, instead of to the Selling User’s bank account) or shall not be returned to the User, who may vindicate his claims against the Selling User at court or in any other way.
5.8 Excluding the examples defined above, SwiftGames.org & SwiftGames is entitled to dispose of and manage the funds transferred by the Users/Sellers in relation to purchases of products or services from the Seller or the Selling User.
5.9 The Seller and/or the Selling User give SwiftGames.org & SwiftGames their consent to prepare descriptions of products put on sale on the Site – basing on the information provided by the Seller or the Selling User. The Seller and the Selling User 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. SwiftGames.org & SwiftGames is obliged to prepare reliable product descriptions, corresponding to the product’s content. The product descriptions are available for every product. However SwiftGames.org & SwiftGames assumes no responsibility for the compliance of the product description with its content, in a situation when the Seller or the Selling User misinforms SwiftGames.org & SwiftGames regarding the product, its access to a given gaming platform, etc. The Seller and the Selling User hereby entitle SwiftGames.org & SwiftGames 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.
5.10 SwiftGames.org & SwiftGames shall provide the Users and the Sellers with technical support in case of encountering problems with the functionality of the Site or Account.
5.11 SwiftGames.org & SwiftGames reserves the right to refuse to issue a replacement or refund if in SwiftGames.org & SwiftGames ’s sole discretion SwiftGames.org & SwiftGames detects that a User has engaged in fraud, deception or abuse of the SwiftGames.org & SwiftGames . Moreover, in the event that SwiftGames.org & SwiftGames detects a User has engaged in fraud, deceit or abuse SwiftGames.org & SwiftGames reserves the right to reverse any refund already issued including withdrawal.
6. Obligations of the Seller and the Selling User
6.1 Every Seller and every Selling User warrants and acknowledges that:
a) has the full capacity and right to accept the Terms and Conditions and the Privacy Policy, to grant licences and authorizations and assume such obligations;
b) by accepting this Terms and Conditions and by placing any services or products 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 Seller and the Selling User 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 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;
d) commits to use the Site and its functionalities in accordance with these Terms and Conditions, the law in force, rules of social conduct and good practices;
e) they will not engage in any activity detrimental to the good name and reputation off SwiftGames.org & SwiftGames, which may have negative effect on the Site, or the product and services sold via 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 SwiftGames.org & SwiftGames interests;
g) they will not use the Site for any money laundering related activities nor for any actions providing to SwiftGames.org & SwiftGames 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 Seller and the Selling User are obliged to provide information or documents concerning their business, company or products/services at first request of SwiftGames.org & SwiftGames. Each Seller and each Selling User 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 Seller and each Selling User 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 libellous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority; 4. will not violate the Password Policy, Terms and Conditions or the Privacy Policy;
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 behaviour 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 Seller and each Selling User assumes responsibility, warrants and acknowledges that they:
will take all actions when visiting the Sites in accordance with applicable laws and regulations;
will deal with other Site 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 Sites or any Sites 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 SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames and/or any other Site User or gain unauthorised access to such data, systems or networks;
will not become involved in any action that might otherwise render SwiftGames.org & SwiftGames or our partners liable, in particular these specified in section 4.7 above.
6.5 If the Seller 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 Seller certifies that third parties may contact the representative without the consent of his principal.
6.6 The Seller agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to SwiftGames.org & SwiftGames customer care department for SwiftGames.org & SwiftGames to provide its services depending on whether or not the Seller 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, SwiftGames.org & SwiftGames 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.
6.6 Each Seller is obliged obliged to inform SwiftGames.org & SwiftGames – at latest at the moment of expression by the User from the European Union the will to enter into agreement – in clear and understandable manner on:
a) the main characteristic of the service and the way of communicating with the User;
b) the data identifying SwiftGames.org & SwiftGames, in particular on the name, competent authority which has registered the economic activity and on the registration number;
c) the address of the enterprise, e-mail address and telephone number and/or fax number if available, at which SwiftGames.org & SwiftGames may be easily and effectively contacted by the User;
d) address where the complaints can be submitted (if it is different than set forth in point c) above);
e) the total price or remuneration for the services including tax, and when the character of the service does not make it possible to prior calculate its’ amount, after reasonable assessment, the way in which they shall be calculated as well as on the freight, delivery, postal and any other charges and if it is impossible to assess the amount of these charges – on a duty to pay the charges;
f) costs for using a means of distance communication in order to conclude the agreement it these costs are higher than costs usually use;
g) the method and term of payment;
h) the method and term of performance of the service by the Seller and on the SwiftGames.org & SwiftGames complaint handling policy;
i) absence of a right of withdrawal in circumstances where the User loses the right of withdrawal;
j) existence, terms and conditions and method of performance of warranty and aftersales services;
k) minimum duration of Users’ commitments arising from the contract;
l) the functionality, including applicable technical protection measures, of the digital content;
m) the relevant interoperability of digital content with hardware and software that the Seller is aware of or can reasonably be expected to have been aware of;
6.8. The Seller may provide the aforementioned information through SwiftGames.org & SwiftGames and SwiftGames.org & SwiftGames may only pass the information without making any alterations.
6.9. The Seller is obliged to provide the User from European Union being a consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the contract. Such confirmation should contain information referred to in point 6.7 above unless the Seller has provided that information to the User on a durable medium prior to the conclusion of the distance contract. The aforementioned information through SwiftGames.org & SwiftGames and SwiftGames.org & SwiftGames may only pass the information without making any alterations.
6.10 The obligation referred to in point 6.7. and 6.9. above are binding for SwiftGames.org & SwiftGames only towards the Users from European Union being consumers and only in respect of contracts concluded after 24th December, 2014 the subject matter of which is to provide a teleinformatic platform and certain functions of the Site.
6.11. The obligation referred to in point 6.7. and 6.9. above are binding for SwiftGames.org & SwiftGames only towards the Users from European Union being consumers and only in respect of contracts concluded after 24th December, 2014 on the basis of which SwiftGames.org & SwiftGames sales game codes to the Users.
7. Liability
7. 1 Within the scope permitted by law, SwiftGames.org & SwiftGames’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 a Seller or a User due to reasons beyond SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames in relation to the User or Seller linked to any their infringement of the law in force or the 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 rights by the Sellers and/or the Selling Users, in particular in relation to any damages caused to third parties by the Sellers 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 Seller or/and the Selling User does not have copyrights or any other required titles;
any actions and results thereof related to any violation by the User or Seller of these Terms and Conditions or to submission by the Seller or 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 Seller or 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 SwiftGames.org & SwiftGames 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 Sellers against Users or other Sellers – owing to the fact that within such scope, SwiftGames.org & SwiftGames is not a party to such legal relationship.
7.2 SwiftGames.org & SwiftGames shall not in particular bear any responsibility against any third parties related in particular to nonperformance or improper performance by the Seller of his agreement with the User (or other Seller), or to any delict committed by the Seller, any infringement by the Seller of the law in force or related to any false information, assurances or statements submitted by the Seller. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to SwiftGames.org & SwiftGames, related to Sellers’ behavior specified in section 7.1. above, the Seller is obliged to take full responsibility against these entities, which means in particular that the Sellers shall bear all and any costs related thereto and borne by SwiftGames.org & SwiftGames or to which SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace SwiftGames.org & SwiftGames in such proceedings or shall act as a third party respondent. The provision 7.2 is accordingly applied to the Selling Users to the extent, which does not infringe the consumer rights.
7.3 Furthermore SwiftGames.org & SwiftGames does not guarantee that any Seller and User are capable of concluding an agreement through the Site, and in particular that such agreement will be performed. SwiftGames.org & SwiftGames is not responsible against Users and Sellers for any non-performance or improper performance of the agreement neither by the User against the Seller and the User against the Selling User nor by the Seller against the User and the Selling User against the User, nor the Seller against other Seller. SwiftGames.org & SwiftGames shall not be liable against the Users (or other Sellers) for the products and services sold through the Site by the Sellers and the Selling Users, including for whether they are fit for purpose, for their quality, legality, legal and physical defects. SwiftGames.org & SwiftGames shall not be liable against the Sellers and the Selling Users for the correctness and validity of any statements made by the Users/Sellers, for their solvency or ability to conclude agreements with Sellers through the Site.
7.4 Notwithstanding the generality of the following guidelines, the Seller shall be held liable for gross violation of the Terms and Conditions and other obligations where:
In case of formal notification of a claim by third party against the Seller and where the Seller deliberately failed to reach/contact the harmed party or did not submit the relevant explanations to SwiftGames.org & SwiftGames or where he 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 Seller provided false, incomplete or misleading data,
Where there is reasonable probability that the Seller undertook actions which may be detrimental to SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and SwiftGames.org & SwiftGames 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 Sellers or the Selling Users or sold by itself, unless consumers rights protection laws provide otherwise.
7.6 To the fullest extent permitted by law, SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames against the Sellers is limited to the amount of EUR 0.00 the foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained by the Seller. All claims arising from the use of the Sites 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 the Terms and Conditions apply to the fullest extent permitted by law and will be effective regardless of giving notice to SwiftGames.org & SwiftGames that such damage may occur.
8. Dealings between Users and Sellers
8.1 Users/Sellers are personally responsible for observing all the terms and conditions of transactions conducted on, via 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, licences, or penalties.
8.2 The User/Seller agrees to provide all necessary information and documents that may be required in connection with transactions and other obligations under these Terms and Conditions.
8.3 By purchasing an activation code the User does not acquire copyright or ownership of the corresponding game or software connected with the use of the game.
9. Forbidden Actions – Anti Violation Procedures (a so called notice and takedown procedure).
9.1 Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Seller or a Selling User is obliged to notify the Site’s operator thereof (to the e-mail address: support@SwiftGames.org & SwiftGames or via registered mail to the address specified in ‘Definitions’ of these Terms and Conditions where ‘SwiftGames.org & SwiftGames’ 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 Seller or the Selling User has no right to them (such statement shall be delivered in writing to the address specified in ‘Definitions’ of these Terms and Conditions where ‘SwiftGames.org & SwiftGames’ 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 ‘SwiftGames.org & SwiftGames’ is defined).

9.2 Following the receipt of a credible notification specified above, SwiftGames.org & SwiftGames 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 Seller or the Selling User responsible for uploading the data through the Site, that such notification and claim by a third party has been submitted.
9.3 The Seller or the Selling User 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 codes.
9.4 The Seller or the Selling User who notified SwiftGames.org & SwiftGames 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 Seller or the Selling User 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 via registered mail to the address specified in ‘Definitions’ of these Terms and Conditions where ‘SwiftGames.org & SwiftGames’ is defined.
9.5 Where it is not possible to determine the Seller or the Selling User responsible for publication of third party’s data, their distribution etc. on the Site or the Seller or Selling User does not submit any reply to the notification of third party’s claim within 14 days from its receipt from SwiftGames.org & SwiftGames to the Seller’s or Selling User’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.
9.6 Where any notification is received from competent authorities or credible information is submitted on the illegal nature of the data available on the Site, SwiftGames.org & SwiftGames will immediately disable any access to such data.
9.7 SwiftGames.org & SwiftGames 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.
9.8 SwiftGames.org & SwiftGames 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 & Conditions or statements given by the Seller or the Selling User.
10. Complaints Procedure

10.1 Both the User and the Seller have the right to file complaints connected with the services provided by SwiftGames.org & SwiftGames. All complaints should be sent digitally via the contact form available at www.SwiftGames.org & SwiftGames/complaint or in a written form to the address of SwiftGames.org & SwiftGames indicated in the Chapter “Definitions” of this Terms and Conditions. All complaints shall be resolved within 30 days from the date of their delivery to SwiftGames.org & SwiftGames. Replies shall be sent to the e-mail address from which the complaint has been received or any other given by the complaining party.
10.2 If the User has complaints about the product he/she has bought, he/she may file a complaint to SwiftGames.org & SwiftGames with the help of SwiftGames.org & SwiftGames. In such case SwiftGames.org & SwiftGames helps in initiating the complaint procedure and resolve the complaint to the satisfaction of SwiftGames.org & SwiftGames. This does not apply to products sold and owned by SwiftGames.org & SwiftGames – in this case SwiftGames.org & SwiftGames resolves the complaint.
10.3 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 Products that have been retrieved from the Site (or any other website where it can be retrieved) are considered used and may not be refunded.
11.5 If for any reason the product purchased by the User cannot be used/activated it is the Users responsibility to inform SwiftGames.org & SwiftGames of this fact. SwiftGames.org & SwiftGames shall pass this information to the Seller or the Selling User from whom the product has been purchased. After that, a procedure of verification if the purchased product is unusable due to being inactive shall be started.
11.6 Because of the User’s ability to return purchased products, SwiftGames.org & SwiftGames has the right to withhold moneys paid for the product sold by the Seller (in compliance with the point 5.5 above) for 30 days from the date of the payment reaching SwiftGames.org & SwiftGames’s bank account and by the Selling User for 14 days from the date of the payment reaching SwiftGames.org & SwiftGames’s bank account, which the Seller and the Selling User agree to. If a product is returned the paid amount shall be returned to the User (the Seller and the Selling User agree to this). The fee for putting a product on sale via the Site and fees for payouts made by the User or the Seller (specified in the table of fees and commissions) will not be refunded.
10.8 A returned product is sent to the Seller or Selling User and can be sold again within the Service if this product is not defective.
12. Termination
12.1 SwiftGames.org & SwiftGames has the right to terminate the agreement. The agreement between the User and SwiftGames.org & SwiftGames 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 SwiftGames.org & SwiftGames 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 at anytime 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, SwiftGames.org & SwiftGames 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 my 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 account or code. The User may at any time electronically request removal of his account by SwiftGames.org & SwiftGames. SwiftGames.org & SwiftGames 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.
12.4 Termination of the agreement between SwiftGames.org & SwiftGames and the Seller can be made with immediate effect at any time. Termination can be in a written form or an e-mail. In the case of extreme violations of this agreement by the Seller, SwiftGames.org & SwiftGames has the right to terminate the agreement with immediate effect by removal of the Seller’s account or by blocking the Seller’s access to the Service.
12.5 All transactions between the User and the Seller or between the User and the Selling User or Sellers or between SwiftGames.org & SwiftGames the User or Seller during the period of the agreement termination by the Seller or by the Selling User (or the agreement termination by SwiftGames.org & SwiftGames) are valid. All payments connected with those transactions will be made during or after the termination of the agreement. The same applies to the situations when the User (or Seller) buys a product from the Seller or the Selling User and the payment wasn’t complete before the termination of the agreement.
12.6 If the termination of the agreement has been made by SwiftGames.org & SwiftGames the User or Seller cannot create another Account on the Site without SwiftGames.org & SwiftGames’s consent.
12.7 SwiftGames.org & SwiftGames has the right to temporarily suspend access to the User’s or Seller’s Account if it’s security is compromised in any way or if significant violations of this agreement or the law (by the User or Seller) are discovered (if SwiftGames.org & SwiftGames will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights. Within the law, SwiftGames.org & SwiftGames is not responsible for a temporary lack of access to the User’s or Seller’s Account, especially for the inability to sell products.
13. Final Provisions
13.1 The ‘Privacy Policy’ and the “Table of fees and commissions” constitute integral parts of these Terms and Conditions, binding upon all registered Users.
13.2 Neither User nor the Seller may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of SwiftGames.org & SwiftGames. The Users and the Sellers hereby consent to and agree that SwiftGames.org & SwiftGames may transfer the rights and obligations arising from the agreement between SwiftGames.org & SwiftGames and the Sellers and/or the Users to a third party, including the consent to transfer their personal data processed by SwiftGames.org & SwiftGames.
13.3 The processing of any data received by the administrator of the Site in relation to its functioning is made in accordance with the Privacy Policy and the User agrees to it when accepting these Terms and Conditions. SwiftGames.org & SwiftGames may transfer the rights and obligations arising from the agreement between SwiftGames.org & SwiftGames and the Seller and/or the User to a third party, to which the User and the Seller agree.
13.4 Any communication with the Site’s administration shall be made at https://www.SwiftGames.org & SwiftGames/contact-us/
13.5 Any comments and remarks on Users or Sellers violations of these Terms and Conditions shall be notified with SwiftGames.org & SwiftGames to https://www.SwiftGames.org & SwiftGames/contact-us/
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 The words User, Seller, Selling User, Customer, Member are all interchangable in any context.

Addendum and Additions

1. Applicability and Acceptance of the Regulations
1.1 The use of the Services and/or access to the Site are subject to the terms and conditions contained herein, including the Privacy Rules, the Product Listing Rules and all other terms and conditions in relation to the use and/or operation of the Site that may be published from time to time by SwiftGames.org & SwiftGames. This document and all other terms and conditions of the Site are hereinafter generally referred to as “the Regulations”. By using the Site or Services you signify your agreement to be bound by these Regulations. You are requested not to use the Site or any Service if you do not accept the Regulations.

1.2 Users must not use Services and accept the Regulations if they (a) are not of the age to sign a valid agreement with SwiftGames.org & SwiftGames or (b) are not permitted to use the Services in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) or any other country/region, including the country/region of the User’s residence and where the Services are used.

1.3 Users acknowledge and accept that SwiftGames.org & SwiftGames may make any changes to its Site and Services. Such changes will be reflected in the Regulations accordingly. By further using such Site and Services you signify your agreement to be bound by all changes that may affect the User.

1.4 The Regulations shall be written in the English language. In the event that the Regulations is translated into any other language and there is any inconsistency between the version in the English language and such translation, the English version shall be the binding version.

1.5 Users may sign with SwiftGames.org & SwiftGames or our partners, via the Internet or otherwise, a separate agreement for certain services provided by SwiftGames.org & SwiftGames. (Additional Provisions). In case of any conflict or discrepancy between the Regulations and Additional Provisions, the Additional Provisions shall prevail over the Regulations with regard to that specific service(s).

1.6 The Regulations may be amended unilaterally by an authorised person(s) of SwiftGames.org & SwiftGames in writing.

1.7 When you use any Services or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website or through other Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notice, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. Service Fees
2.1 Joining SwiftGames.org & SwiftGames and buying items on sale at the Site is free of charge. We charge fees for using Services such as putting items for sale at the Site. Whenever you are putting an item for sale or using other paid Services, you signify your agreement to be charged in accordance with the terms set out in our Pricelist that may be amended from time to time by us.

2.2 Amendments to the Pricelist become effective upon giving a two-weeks’ notice to Users by posting such amendments on the Site. Service fees may be temporarily suspended for promotional purposes (e.g. free bidding days) or new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.

2.3 All fees are denominated in Euros, otherwise changes will be communicated. The User is obliged to pay such fees and taxes relating to his/her use of the Services on time. If certain payment method shall fail or an invoice is overdue, we are at liberty to demand payment by way of other method as from time to time designated by us and communicated to the relevant User. (This includes selection of other payment method(s), or payment to our designated collection agency or legal counsel).

2.4 The user has to sign in to access and use the the Site. SwiftGames.org & SwiftGames reserves its right to restrict access to or suspend the provision of Services (including but not limited to any functions and/or feature of the Site) without prior notice to you in advance.

2.5 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. SwiftGames.org & SwiftGames can, at its absolute discretion, restrict, decline or create another level of access relating to the use of Services (or any other functionality incorporated into the Site) for different Users.

2.6 SwiftGames.org & SwiftGames has the right to introduce, change or increase the fee for, impose terms and conditions of use, suspend or discontinue any Services (or any functionalities incorporated into a Service/the Site) without prior notice, excluding paid Services.

2.7 All fees and charges together the payment terms are shown in our Pricelist.

2.8 You can refund payments up to 60 days after the transaction date.

3. General Terms and Conditions of Use
3.1 Subject to your compliance with the Regulations and your payment of any applicable fees, SwiftGames.org & SwiftGames or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services.

3.2 All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SwiftGames.org & SwiftGames or its licensors, suppliers, publishers, rights holders, or other content providers.

3.3 You may not misuse the SwiftGames.org & SwiftGames Services. You may use the SwiftGames.org & SwiftGames Services only as permitted by law. The licenses granted by SwiftGames.org & SwiftGames terminate if you do not comply with the Regulations or laws.

3.4 The User agrees to use the Sites and Services for their personal purposes only. The User must not (a) 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 via the Sites (Site Content) and (b) duplicate, copy, download, compile or otherwise use for commercial purposes any Site Content that is competitive to SwiftGames.org & SwiftGames or use the Site Content in any other commercial way. 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 from SwiftGames.org & SwiftGames. The use of any content or materials available from the Sites for purposes not specified in the regulations is forbidden.

3.5 The User is obliged to become familiar with SwiftGames.org & SwiftGames Personal Information Protection Policy specifying all the details of how to protect and use Users’ personal information that is in possession of SwiftGames.org & SwiftGames and our partners. By using the Site or Services you signify your agreement to follow and be bound by the terms and conditions of Personal Information Protection and all applicable rules and policies relating the Personal Information Protection.

3.6 SwiftGames.org & SwiftGames may provide Users with access to the content, products or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else), API and sites of such providers. It is recommended to read the regulations of such sites and their Privacy Policy before starting to use such sites. The User is informed that SwiftGames.org & SwiftGames has no control of the websites owned by other providers, nor does SwiftGames.org & SwiftGames monitor such sites or is liable to Users for such websites, their content or the products or services that are available from such websites.

3.7 The User agrees that he/she will not take any action to compromise the integrity of computer systems or networks belonging to SwiftGames.org & SwiftGames and/or any other User or to obtain unauthorised access to such computer systems or networks.

3.8 The User agrees that he/she will not take any action to compromise the integrity of SwiftGames.org & SwiftGames comment system such as posting a positive comment using another member ID or through third parties or posting an unfounded negative comment on any other User.

3.10 PRE-ORDERS You may cancel your pre-order anytime up to 3 days prior to the date of the game release (UNLESS ANY ACTIVATION KEY ASSOCIATED WITH THE PRODUCT IS RELEASED IN ADVANCE). Refund requests filled within the last 3 days may not be accepted. The price stated in the pre-order is a guaranteed price. We will not ask you for any more payments after the product release. When the game releases, you will receive a key in a new order.

3.11 Using unauthorized scripts, programs, and manipulating prices by means of unofficial hacks /bots on the platform SwiftGames.org & SwiftGames is prohibited and may result in account termination and non-payment of due funds (money) for the goods sold.

3.12 In case of a non-delivery of pre-order products by the Vendor till a release day 12:00 CET, the Vendor shall be charged 1000 € flat penalty fee + 5 % of the total lost revenue from the pre-orders revenue.

3.13 In case the number of faulty products sold in a single offer within 4 weeks equals or exceeds 50, the Vendor shall be charged €1000 flat penalty fee + 50% of the total lost revenue from the faulty products sold in that period.

4. Users Accounts
4.1 The User has to subscribe/register his/her self to/with the Site to obtain access to and use certain Services. Any User who has completed the subscription/registration may hereinafter also be referred to as “Member”) Unless otherwise permitted by SwiftGames.org & SwiftGames, one User should subscribe for and hold one User Account only. SwiftGames.org & SwiftGames can close or suspend a User Account if SwiftGames.org & SwiftGames reasonably suspects that the User has subscribed to or controls two or more user accounts. SwiftGames.org & SwiftGames may reject a User registration application without specifying reasons.

4.2 After subscription to a Site, SwiftGames.org & SwiftGames will open an account and assign an ID and password (to be designated by Users during the registration process) to each registered User. The account can include an e-mail functionality with a limited capacity for sending and receiving e-mails.

4.3 The ID and password combination is unique for each account. Each User is personally responsible for keeping secret and safe their own ID and password and for all actions taken as part of their account. Neither User is entitled to share, assign or authorise the use of their account, private ID or password by any other person whatsoever. The User undertakes to advise SwiftGames.org & SwiftGames immediately of each unauthorised use of their password or account or any other violation of security rules in their account.

4.4 The User undertakes to deem all actions taken as part of their account (including spamming, publication of information on other companies, clicking to accept Additional Arrangements, subscription to or freezing of other services, e-mailing or texting via the account) as approved by the User.

4.5 The User acknowledges that sharing their account with other people or giving access thereto for many people other than the User’s personnel may cause irreversible damage to SwiftGames.org & SwiftGames or other Site Users. The User is obliged to protect SwiftGames.org & SwiftGames, our partners, officers, personnel, agents and representatives against losses and damage (including non-financial) caused by the use of their account by multiple Users. The User also agrees that if their account is shared by multiple persons or it is impossible to keep it safe, SwiftGames.org & SwiftGames will not be held liable for any loss or damage caused by compromising safety and is entitled to suspend or close such a User account without being liable to the User.

4.6 You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. All information provided by you shall be true, accurate, current and complete.

4.7 Once provided, your vendor name can not be changed. Changing the name is possible only in limited cases and always done by the Customer Support Department.

5. Obligations of the Seller
5.1 “Seller” is defined as any User who puts his/her/its products on sale at the Site. Each Seller represents, warrants and acknowledges that (a) has the full capacity and right to accept the Regulations, grant licences and authorisations and assume such obligations; (b) will use the Sites for business purposes only; and (c) the address given by the Seller during the registration process is the registered office of their business operations. Because of this assumption, any cooperating division or subsidiary will not be deemed to be separate entities; the registered office of the company will be deemed to be its head office.

5.2 The Seller is obliged to provide information or documents concerning their business, company or products/services as part of the subscription to the Site. Each Seller represents, warrants and acknowledges that (a) the information and documents submitted during the registration process or further use of the Sites or Services are true, accurate, valid and complete; and (b) the Seller will report all changes to the documents accordingly in order to keep them true, valid and complete.

5.3 At the time of being granted an account the Seller agrees that their contact details will be included in the Sellers Database and SwiftGames.org & SwiftGames and its partners will provide such contact information to other Users or otherwise process their personal information in accordance with the Privacy Policy.

5.4 Each Seller represents, warrants and acknowledges that (a) they will be personally responsible for securing all necessary third party licences and authorisations for the content to be submitted, published and presented by the Seller; (b) none of the content submitted, published and presented by the Seller does not infringe or violate any third party copyrights, patents, trademarks, trade names, trade secrets or any other third party copyrights or moral rights whatsoever (Third Party Rights); and (c) the Seller is entitled to sell, market, distribute or export, offer for sale, marketing or distribution or use the products and services described in the Bid Content and the said sale, marketing, distribution or export does not violate any Third Party Rights.

5.5 Furthermore, each Seller represents, warrants and acknowledges that the property on sale that they submit, present and publish:

a) will be genuine, appropriate, complete and lawful;

b) will not be false, deceitful or unreliable;

c) does not contain information that is libellous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;

d) does not contain information that is discriminatory or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;

e) does not violate the Password Policy, Regulations or any other related Additional Arrangements;

f) does 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 behaviour that might infringe or violate any applicable laws or legal provisions;

g) does not link, either directly or indirectly, to any website(s) that might contain content infringing the Regulations.

5.6 Each Seller represents, warrants and acknowledges that they:

a) will take all actions when visiting the Sites in accordance with applicable laws and regulations;

b) will deal with other Site users in good faith;

c) will take all actions in accordance with the Regulations, other documents and applicable Additional Arrangements;

d) will not use the Sites or any Sites for embezzlement or abuse of other users (e.g. sale of stolen property, use of stolen credit/debit cards);

e) will not profess themselves as someone or whatever else or misrepresent their details or relations with someone or whatever else;

f) will not become involved in spamming or phishing (acquire information deceitfully);

g) will not become involved in any other unlawful activity (including crimes, torts, etc.) or encourage or persuade to commit unlawful acts;

h) will not become involved in any attempt to reproduce, use or embezzle any legally reserved SwiftGames.org & SwiftGames address directories, databases and password lists;

i) 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;

j) will not attempt to compromise the integrity of data, systems or networks used by SwiftGames.org & SwiftGames and/or any other Site user or gain unauthorised access to such data, systems or networks;

k) will not become involved in any action that might otherwise render SwiftGames.org & SwiftGames or our partners liable.

5.7 The Seller is not entitled to use any Service or member account to carry on any activities identical or similar to SwiftGames.org & SwiftGames e-commerce.

5.8 If the Seller is a business representative, they represent, warrant and acknowledge that they have all necessary permissions, approvals and/or waivers from their business partners and associates to (a) act as a business representative; (b) post and publish their contact details as well as information, reference lists and comments on their behalf; and (c) third parties may contact such a business representative to support their claims or statements. Furthermore, the Seller assures and warrants that all reference lists and comments are true and appropriate and third parties may contact business representatives without the Seller’s permission.

5.9 The Seller agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to SwiftGames.org & SwiftGames customer care department for SwiftGames.org & SwiftGames to provide its services depending on whether or not the Seller has violated the Regulations 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, SwiftGames.org & SwiftGames will not be obliged to extend the term of such a Service or held liable for any los or damage caused by such a delay, suspension or denial.

5.10 The Seller acknowledges and accepts that SwiftGames.org & SwiftGames is not obliged to monitor actively or verify the content of any messages, materials or information created, obtained or made available using the Sites or Services. SwiftGames.org & SwiftGames does not otherwise support, verify or confirm the content of any comments or information supplied by Users. Each Seller/User is held liable for the content of their correspondence and may be called to account for the content of their comments or any other materials or information.

5.11 The Seller acknowledges and accepts that the Services may be used by companies and their representatives for business purposes only, but not by individual customers for their personal purposes.

5.12 The Seller acknowledges and accepts that each Seller is personally liable for any non-compliance with applicable laws and regulations of the respective jurisdiction and to make sure that the Sites and Services are used in a lawful manner.

5.13 It’s prohibited to sell products commonly offered as free and products available to purchase on charity events. ( i.e. Humble Bundles, etc.)

5.14 Community Sellers (customer-to-customer Sellers or ) acknowledge and accept all the Terms and Conditions applying to the professional Sellers with the following additions:

A Community Seller cannot sell more than 3 keys at a time. Once one of the keys is sold, the Seller can add another one to his stock up to the total of 3. The Seller can spread the keys among multiple games/products as long as the total amount of keys does not exceed 3.
The transaction fees the Sellers are charged are identical to those of the professional Merchants. For more info please, check the fees page.
The funds earned by the Sellers have to be spent on games or other products on the marketplace. The funds earned cannot be withdrawn.
The funds earned will be available on the Seller’s account only if the Customer who bought the product confirms that it works. If the Customer does not report an issue within 7 day of the purchasing date, the funds will automatically be released and they will be available on the Seller’s account.
6. Forbidden Actions
6.1 SwiftGames.org & SwiftGames reserves the right to remove, modify or reject any User Content posted, published or presented on the Sites that we find to be unlawful, violate the Regulations, make SwiftGames.org & SwiftGames or our partners liable or be otherwise inappropriate in the opinion of SwiftGames.org & SwiftGames.

6.2 If the User/Seller violates any provision of the Regulations or if SwiftGames.org & SwiftGames reasonably believe that it has been violated by any User/Seller, SwiftGames.org & SwiftGames is entitled to impose penalty on such User/Seller or suspend or delete the account or discontinue of the use of any Service whatsoever by such User/Seller without being liable therefor to the User/Seller. SwiftGames.org & SwiftGames is also entitled to restrict, refuse or ban the existing or future access to the Services provided by SwiftGames.org & SwiftGames. Among other things, the penalties that can be imposed by SwiftGames.org & SwiftGames include giving of warning; removal of any product or User/Seller Content posted, published or presented by the User/Seller on a Site; restrict more than one product posted or presented by the User/Seller; or restrict any functionality of the Services for the period that SwiftGames.org & SwiftGames may find appropriate at their absolute discretion. SwiftGames.org & SwiftGames reserves the right to repossess the User’s/Seller’s property (i.e. software activation keys, games, music, e-books) in case of gross violation of any provision of the Regulations.

6.3 Notwithstanding the generality of the foregoing, the User/Seller will be deemed to be guilty of a gross violation of the Regulations in the following events:

a) as a result of a complaint or notice filed by a third party SwiftGames.org & SwiftGames can reasonably believe that the Seller has failed, either deliberately or substantially, to perform the contract with such a third party, including but not limited to the situation in which the Seller has not delivered any ordered property despite having received payment therefor or the property delivered by the Seller does not live up to the conditions or standards described in the contract (i.e. bid description) with such a third party,

b) SwiftGames.org & SwiftGames can reasonably suspect that the User has used a stolen credit card or any other false information when contracting with a partner,

c) SwiftGames.org & SwiftGames can reasonably suspect that any information provided by the User/Seller is invalid, incomplete, untrue, inappropriate or misleading,

d) SwiftGames.org & SwiftGames suspects that actions taken by the User/Seller expose SwiftGames.org & SwiftGames, its partners and any other Users to financial losses or may result in making the same liable.

6.4 SwiftGames.org & SwiftGames reserves the right to cooperate fully with authorities, private detectives and/or cheated third parties as part of criminal or civil investigations. Furthermore, SwiftGames.org & SwiftGames may disclose the User’s/Seller’s identity and contact details to any aggrieved third party when requested to do so by authorities or any other law enforcement body or subject to a judicial injunction or otherwise. SwiftGames.org & SwiftGames will not be held liable for the damage caused by such disclosure and the Member agrees not to take any legal action or raise any claim against SwiftGames.org & SwiftGames.

6.5 If the Member is in breach of the Regulations, SwiftGames.org & SwiftGames also reserves the right to report such breach on the Sites. If such breach involves any unfair or unlawful conduct, SwiftGames.org & SwiftGames also reserves the right to disclose such breach to our partners, including without limitations, etc. SwiftGames.org & SwiftGames partners may restrict, suspend or bar access to all or any part of the services provided by such partners, take any other remedial measures and publish the User’s/Seller’s breach of the regulations on the sites operated or controlled by SwiftGames.org & SwiftGames partners.

6.6 Each User/Seller agrees to indemnify and hold harmless SwiftGames.org & SwiftGames, our partners, officers, personnel, agents and representatives from and against any losses, damage, claims or liabilities (including legal costs incurred to claim full compensation) that may result from your posting, publication or presentation of any User Content, from the use of the Sites or Services or from the violation of Regulations.

6.7 Each User/Seller recognises that SwiftGames.org & SwiftGames will not be held liable or obliged to you or whomever else for any User Content or other materials presented on the Sites, including those that are illegal, false, misleading, inappropriate, libellous, offensive or prohibited, and that the risk of damage caused by such materials is borne only by each User/Seller separately. SwiftGames.org & SwiftGames reserves the right to assume, at our expense, full control and defence of any case other than indemnity for a member. In such an event the Member will cooperate with SwiftGames.org & SwiftGames in claiming any defence.

6.8 SwiftGames.org & SwiftGames reserves its right not to accept any returns of already delivered items/game keys.

7. Dealing between Users and Sellers
7.1 On the Sites SwiftGames.org & SwiftGames provides electronic online platforms to exchange information between buyers and sellers of products and services. In addition, SwiftGames.org & SwiftGames provides Users/Sellers with online platforms to post, accept, place, manage and execute orders subject to the terms and conditions of services contained in SwiftGames.org & SwiftGames Transaction Services Agreement. Nonetheless, SwiftGames.org & SwiftGames make no representation to the seller or the buyer in relation to any Services. SwiftGames.org & SwiftGames does not control, is not obliged to ensure, and cannot be held liable for the quality, safety, lawfulness or availability of any product or service offered for sale on the Sites, nor for the Seller’s ability to sell or the buyer’s ability to buy.

7.2 Users/Sellers acknowledge that engaging in transactions on the Site involves the risk of dealing with abusive people. SwiftGames.org & SwiftGames uses its reasonable endeavours to verify the accuracy of the data and information provided by our Users/Sellers during the registration process. However, as the identity of Internet users is difficult to verify, SwiftGames.org & SwiftGames is unable to confirm and does not confirm the alleged identity of Users (including but not limited to Sellers). We recommend you to use various means, including common sense, to assess who you going to deal with.

7.3 Each User/Seller recognises that they are fully aware of the risk related to buying and selling via the Sites and Services as well as that of claims or damage that might arise in connection with continuous online dealing. This risk includes but is not limited to the misrepresentation of products and services, illegal acts, poor quality, failure to meet the required specifications, defective or hazardous products, illegal products, delays or erroneous delivery or payment, incorrect cost calculation, warranty problems and accidents during transports. Such risk also involves the fact that the manufacturing, import, export, distribution, offering, presentation, sale and/or use of products offered and presented on the Sites may infringe or be deemed to infringe any third party rights, which entails the User’s risk of incurring further costs of defence or any other costs related to third party claims, as well as those in connection with any other claims raised by third parties entitled to defence or indemnity in connection with their claims, demands or proceedings initiated by them with regard to any third party rights. Such risk may also concern the fact that consumers or any other buyers, end users of products or other persons whatsoever may claim to suffer from injuries or damage caused by products originally purchased by Site Users as a result of any purchase transaction and/or raise claims based on their use of such products. All such risks are hereinafter referred to as “Transaction Risk”. Each User accepts the fact that SwiftGames.org & SwiftGames cannot be held liable for any damage, claims, costs, harm, inconvenience, business disruptions or expenses that is arising from and/or incidental to any Transaction Risk.

7.4 Users/Sellers are personally responsible for observing all the terms and conditions of transactions conducted on, via or as a result of using the Sites or Services, including but not limited to payment terms, returns, warranty, delivery, insurance, fees, taxes, licences, penalties, licences, handling, transport and storage.

7.5 The User/Seller agrees to provide all necessary information and documents that may be required by SwiftGames.org & SwiftGames in connection with transactions conducted on, via or as a result of using the Services. SwiftGames.org & SwiftGames is entitled to suspend or remove the User’s/Seller’s account if the latter fails to provide any required information or materials in a timely manner.

8. Limitation of Liability
8.1 To the fullest extent permitted by law, all Services provided by SwiftGames.org & SwiftGames on or via the Sites are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis”, and SwiftGames.org & SwiftGames 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. All warranties, representations, conditions or undertakings are hereby excluded.

8.2 To the fullest extent permitted by law, SwiftGames.org & SwiftGames does not make any representation or give any warranty in relation to the validity, accuracy, correctness, reliability, quality, stability, completeness or commonness of any information provided on or via the Sites. SwiftGames.org & SwiftGames does not represent or warrant that the manufacturing, import, export, distribution, offering, presentation, purchase, sale and/or use of any products or services offered on the Sites is free from infringement of any third party rights, nor does SwiftGames.org & SwiftGames make any representation or give any warranty in relation to any of the Services offered or presented on the Sites in any aspect.

8.3 Each User/Seller shall be personally responsible for his/her act of downloading or otherwise obtaining any material from and/or via the Website, and the User/Seller will be held liable forall loss and/or damages that may be caused to SwiftGames.org & SwiftGames as a result of and/or incidental to any downloaded material. No information or advice, provided either orally or in writing, that can be obtained by the User/Seller from SwiftGames.org & SwiftGames or from/via the Site should not be deemed to be any warranty or representation of whatsoever nature.

8.4 The Sites can give the User access to services or products provided by independent third parties. No warranty or representation is given in relation to such services or products in any aspect. In no event can SwiftGames.org & SwiftGames or our partners be held liable for such services or products.

8.5 Each User/Seller agrees to indemnify and hold harmless SwiftGames.org & SwiftGames, our partners, management, officers, and personnel from and against any losses, damage or claims (including legal costs incurred therefrom) that may occur as a result of any use of the Sites or Services by the User (including the information published by the User/Seller on the Sites) or violation any of the terms and conditions of the Regulations. Each User/Seller agrees to indemnify and hold harmless SwiftGames.org & SwiftGames, our partners, management, officers, and personnel from and against any losses, damage or claims (including legal costs incurred therefrom) that may occur as a result of any warranty infringement or complaints filed by the User against SwiftGames.org & SwiftGames, including those specified in section 5.

8.6 SwiftGames.org & SwiftGames cannot be held liable for any specific, direct, indirect, punitive, incidental or consequential damage or any other damage (including but not limited to loss of profit or savings, business disruptions and loss of information) as a result of:

a) using or being unable to use any of the Sites or the Services;

b) damaging goods, samples, data, information or services purchased or obtained from the User or any third party via any of the Sites;

c) infringing any third party rights or claims and/or receiving any demands in relation to the manufacturing, import, export, distribution, offering, presentation, purchase, sale and/or use of products or services offered on the Sites and the fact that they may infringe or be deemed to infringe any third party rights;

d) any data or private information being accessed by any third party in an unauthorised manner;

e) any statement or conduct on the Sites; or

f) any other matter relating to the Sites that may amount to negligence.

8.7 Notwithstanding the foregoing, the total liability of SwiftGames.org & SwiftGames, our personnel, agents, partners, representatives and all persons acting on our behalf for all claims arising from the use of our Sites or Services throughout the entire calendar year is limited in respect of each User/Seller to (a) the total fees paid by Users/Sellers to SwiftGames.org & SwiftGames or our partners within a calendar year or (b) HK$1,000, whichever is lower. The foregoing sentence does not waive the need to prove the respective damage alleged to be sustained by the User/Seller. All claims arising from the use of the Sites or Services have to be raised within three (3) months after the date on which a problem occurs.

8.8 The limitations and exclusions of liability under the Regulations refer to the fullest extent permitted by law and will be effective regardless of giving notice to SwiftGames.org & SwiftGames that such damage may occur.

9. Force Majeure
9.1 In no event can SwiftGames.org & SwiftGames be held responsible for any delay, interruption or error of the content or service provided via the Sites if caused, either directly or indirectly, by forces of nature, agents beyond our reasonable control, including failures of the Internet, computer hardware, telecommunications or any other equipment, blackouts, strikes, labour actions, riots, insurrections, civil commotion, labour or material shortages, fire, flood, storms, explosions, acts of God, war, government acts, court or tribunal orders or third party negligence.

10. Intellectual Property Rights
10.1 SwiftGames.org & SwiftGames is the sole owner and legal licensor of all the rights and interests to the Sites and their Content. The Sites and their Content contain business secrets and other intellectual property protected by international copyright and other laws. All the titles, ownership and intellectual property rights to the Sites and their Content remain with SwiftGames.org & SwiftGames and our partners. All rights to any claim under the Regulations or raised by SwiftGames.org & SwiftGames are reserved in this case.

10.2 SwiftGames.org & SwiftGames and related icons and logos are registered trademarks or trademarks of SwiftGames.org & SwiftGames Limited and SwiftGames.org & SwiftGamess, related icons and logos are registered trademarks or trademarks and service marks of SwiftGames.org & SwiftGames Limited in various jurisdictions and are protected by the relevant copyrights, trademark or other intellectual property rights. Unauthorised copying, modification, use and publication of such trademarks is prohibited.

10.3 SwiftGames.org & SwiftGames may cooperate with independent third parties involved in the provision of Services (e.g. service provider confirmation and verification). It is forbidden to use any trademark, service mark or logo belonging to any third party without prior permission from such a party.

11. Buyer Protection
11.1 Sellers are required to cooperate with our customer care department. Buyers and sellers let SwiftGames.org & SwiftGames take, at its discretion, final decisions regarding all claims that buyers may file with SwiftGames.org & SwiftGames in connection with SwiftGames.org & SwiftGames Buyer Protection Policy. If we solve a conflict in favour of a buyer, the purchase price of an article is refunded (including sales tax and any related costs such as commission fees, etc.), and the seller has to reimburse us for the transaction cost we have incurred to make a refund to the buyer. The buyer does not have to return any transaction costs if they submit the documentation (e.g. evidence confirming that the article was such as described) indicated in SwiftGames.org & SwiftGames Buyer Protection Policy. SwiftGames.org & SwiftGames reserves the right to freeze any payment payable to Sellers until and unless the relevant claim by the Buyer is withdrawn or its decided in favour of the Seller

Furthermore:

Sellers have to be notified of SwiftGames.org & SwiftGames cost return policy in writing. Sellers agree that SwiftGames.org & SwiftGames may debit buyer refunds to their accounts. Sellers need to contact SwiftGames.org & SwiftGames to change this method. However, we still reserve the right to use the seller’s credit in connection with SwiftGames.org & SwiftGames Buyer Protection Policy.

If the credit on a SwiftGames.org & SwiftGames account turns out to be insufficient, we will require that another seller refund method is selected.

Sellers agree that we may debit their accounts to make refunds to buyers using any method we choose.

A change of the refund method will not affect the way in which SwiftGames.org & SwiftGames will charge fees on files or for any other purpose (such as commission fees payable to SwiftGames.org & SwiftGames). If the seller does not provide a method for refunds to SwiftGames.org & SwiftGames, we may recover any sums payable to us through other payment mechanisms, including collection agencies. We may also suspend or restrict such a seller’s access to our Sites until payment is made.

Correction of errors in payments that sellers make to buyers

11.2 We reserve the right to correct all errors that we may encounter. We will correct all obvious errors by charging the seller’s account or crediting the payment method used to make an erroneous refund under SwiftGames.org & SwiftGames Buyer Protection Policy.

11.3 SwiftGames.org & SwiftGames reserves the right to not accept reports of used keys/gifts acquired from wholesale purchases, submitted later than 30 days from the transaction.

11.4 SwiftGames.org & SwiftGames Buyer Protection fee is not refundable (not including Pre-Order cancellations)

12. Notices
12.1 All legal notices or requests addressed to SwiftGames.org & SwiftGames should be sent in writing to SwiftGames.org & SwiftGames personally, by door-to-door service or by post to the following address: SwiftGames.org & SwiftGames Limited. Notices will be accepted once they have been received by SwiftGames.org & SwiftGames in one of the forms indicated above.

12.2 All legal notices or requests addressed to users will be effective if served personally, by door-to-door service, certified post, fax or e-mail to the last known correspondence address, fax or e-mail address provided by the Users to SwiftGames.org & SwiftGames or if such a notice or request is placed in a publicly available place on the Site free of charge. The notice is deemed to have been served on the User if SwiftGames.org & SwiftGames is able to:

a) present such communication in the physical or electronic form in which it has been sent to the User; or

b) immediately publish such a notice in a publicly available place on the Site free of charge.

12.3 The User agrees that all arrangements, notices, requests, disclosures and any other communications to be sent by SwiftGames.org & SwiftGames electronically will meet the legal requirements for serving such communications in writing.

13. General Provisions
13.1 Unless otherwise stipulated in the Additional Arrangements, the Regulations constitute the entire agreement between you and SwiftGames.org & SwiftGames in respect of your managing and using the Sites and Services and supersede all previous agreements, either oral or in writing, regarding the same subject.

13.2 SwiftGames.org & SwiftGames and the User are independent contractors and no agency, partnership, joint venture, employment or franchise between them are stipulated in the Regulations.

13.3 If any provision of the Regulations turns out to be invalid or unenforceable, such a provision should be deleted and the remaining provisions will continue to be valid and enforceable.

13.4 Headings are used for reference only and in no way do they define, restrict or describe the scope or size of any section.

13.5 The unenforceability of any right SwiftGames.org & SwiftGames may have or its waiver of any violation against the provisions of the Regulations do not constitute a waiver of the claim to enforce such a right or a waiver by SwiftGames.org & SwiftGames of its right to claim such enforcement in respect of subsequent or similar violations.

13.6 SwiftGames.org & SwiftGames is entitled to lay down the provisions of the Regulations (including all our rights, titles, benefits, interests, duties and obligations in the Regulations) in respect of every person or entity (including SwiftGames.org & SwiftGames partners).

13.7 The Regulations are governed by the laws of Hong Kong without reference to their conflicting provisions. Parties approving the Regulations are totally subject to the jurisdiction of courts in Hong Kong.