Terms of Service
CSMEAL ("CSMEAL", "we", "us" or "our") provides its website at https://skingaben.net (the "Site") and related services (the "Service") to you, subject to the following Terms of Service ("Terms"). If you do not agree to these Terms, you must stop using the Site and the Service. We may update these Terms from time to time — please review them whenever you access the Site. Continued use of the Service after any changes take effect constitutes your acceptance of the new Terms. Please read these Terms carefully — they contain important information about your legal rights, remedies, obligations and privacy.
Use of the Site and the Service
The information on this Site is provided "as is", without knowledge of your specific circumstances. The Site may become unavailable due to maintenance, technical issues or other reasons, and information shown on the Site may contain delays, omissions or inaccuracies. Nothing on the Site constitutes legal, accounting, tax or other professional advice. You may view, copy, download and print CSMEAL documents for personal, non-commercial purposes, provided that you do not modify them and do not remove copyright, trademark or other proprietary notices. No license or right to use the Site or its content is granted by implication, estoppel or otherwise, except as expressly permitted in these Terms.
To complete a payment transaction, the Seller transfers to the Platform title to the listed item, and the Platform acts as merchant of record for the Buyer in respect of the transaction. The Platform processes the transaction, fulfils the order, handles disputes, receives settlement from the payment institution and contacts the payment institution on behalf of the Seller. After the payment is processed, the item is delivered to the Buyer through the Platform. The Buyer's bank statement may reference both the Seller and the Platform.
Information published on the Site may reference products or services that are not available or approved by regulatory authorities in your country. Such references do not imply that CSMEAL intends to make those products or services available in your country.
You need a supported web browser to access the Site and use the Service. CSMEAL may discontinue support for any browser at any time; continued use of the Service may then require you to install a supported browser. Performance of the Service depends on your device and Internet connection.
Definitions
- Account — an account kept on the Site for a User, enabling the User to use the Services and benefit from full functionality.
- Consumer — a User who is a natural person acting outside of their trade, business, craft or profession.
- Corporate Customer — any User that is a legal entity (or its representative) buying a Product from a Seller or Selling User through the Site.
- Electronic services — services performed without simultaneous presence of the parties, through transmission of data at the recipient's request via telecommunications networks.
- Privacy and Cookies Policy — a separate document regulating the processing of personal data and privacy protections applied to Users by CSMEAL.
- Seller — an entrepreneur in any form who sells goods or services, including digital content, to Users via the Site.
- Selling User — a natural person who is not an entrepreneur, selling digital items via the Site.
- Service Agreement — a corresponding agreement between CSMEAL and a Corporate Customer with the terms stipulated therein.
- Site — the website available at https://skingaben.net.
- User — any person, including a Corporate Customer, buying a Product through the Site and/or registered on the Site.
All provisions concerning the User apply also to the Selling User; provisions concerning the Selling User apply only to the Selling User. A User may simultaneously hold the status of Selling User; every Selling User is at the same time a User.
Obligations of CSMEAL
- Subject to the conditions in these Terms, CSMEAL shall provide the Seller and Selling User with the opportunity to list and sell products on the Site.
- Unless otherwise provided by CSMEAL, only digital products may be sold on the Site.
- The Seller or Selling User determines the price of the items they intend to sell. CSMEAL collects its commission or other applicable fees from that price. Individual commissions or fees may be agreed for specific Sellers or Selling Users in addition to those defined in these Terms.
- A product listed by the Seller or Selling User constitutes an invitation to enter into an agreement with Users willing to purchase at the chosen price, and does not constitute a sales offer within the meaning of civil law. The Seller or Selling User may change the price before any User has expressed the will to purchase. Product prices and descriptions are publicly visible on the Site.
- If a User expresses the will to buy a product, the Seller or Selling User may withdraw from the contract in accordance with the delivery and payment authorization preferences chosen on the Site.
- Users pay through payment methods offered on the Site (e.g. Visa, Mastercard, cryptocurrency, etc.). CSMEAL deducts its commissions and fees from collected funds and transfers the remainder to the Seller or Selling User.
- Commissions paid to CSMEAL are non-refundable, including where a refund is later issued to the User. The Seller and Selling User have no claim against CSMEAL in respect of such commissions, and CSMEAL may retain commissions, contractual penalties and compensation costs as applicable.
- CSMEAL provides Users and Sellers with dispute resolution mechanisms via the support functionality of the Site to clarify reasons for refund requests. Funds may or may not be returned depending on the outcome of such resolution; Users may otherwise pursue their claims through courts or other lawful means.
- Except as agreed in a Service Agreement, CSMEAL is not entitled to dispose of or manage funds transferred by Users for purchases from Sellers or Selling Users.
- The Seller and/or Selling User authorize CSMEAL to prepare product descriptions on the basis of the information they provide and to translate, modify and use such information free of charge. CSMEAL takes no responsibility for descriptions where the Seller or Selling User has provided inaccurate information about the item, its access to the game, or similar attributes.
- CSMEAL provides Users and Sellers with technical support if they encounter problems with Site functionality or with their Account.
- CSMEAL may issue refunds in any currency at its sole discretion. CSMEAL reserves the right to refuse a replacement or refund where, in its sole discretion, it detects fraud, deception or abuse of the Service. Any refund already issued may be reversed (including by withdrawing funds from the relevant Account) if such fraud or abuse is detected after the fact.
- CSMEAL may delete any Account of a Seller and/or Selling User that has been inactive for more than 2 (two) calendar years from the last activity, without compensation of any remaining funds.
- CSMEAL has no obligation to prepare or submit invoices or other financial documents on behalf of the Seller.
- CSMEAL may, upon request, provide an invoice for amounts topped up by a User. Such request may be submitted via the support channel; CSMEAL may require additional confirmation of the requesting party's data.
Service Fees
CSMEAL collects its commission or other applicable fees from prices set by the Seller or Selling User on each transaction.
- Joining the Site and buying items is free of charge for Users. Users are charged only for the use of selected payment channels or for payments and commissions due to CSMEAL. The amount charged is shown on the payment selection page. CSMEAL charges a fee for putting a product on sale; the exact fee is visible inside the Account during the listing process.
- The prices specified for products or services supplied by CSMEAL do not form part of these Terms and may change before purchase. CSMEAL reserves the right to temporarily suspend or vary fees for promotional purposes or for the launch of new services; such changes become effective once announced on the Site.
- All fees for CSMEAL services are denominated in USD, EUR, GBP or RUB. Where other currencies apply, changes will be communicated. Users and Sellers are solely responsible for paying taxes, fees and any amounts due in connection with the contracts concluded via the Site. If a particular payment method fails or an invoice is overdue, CSMEAL may demand payment via another method, including any additional costs of that method.
- Users and Sellers must sign in to access and use the Site and all its functionalities.
- Services and functionalities incorporated into the Site can differ between countries or regions. CSMEAL may restrict, decline or create another level of access for individual Users.
- CSMEAL does not authorize delivery of products sold by Sellers or Selling Users and is not responsible for payments processed by third-party payment solutions.
- Any User requesting settlement via one of the payment systems agrees to that payment system's own terms. To the extent permitted by law, CSMEAL is not liable for problems related to payments for which the payment provider is responsible, including delays or inability to process the payment for technical reasons. If a payment is not accepted due to CSMEAL's fault, the User must inform CSMEAL by emailing the support team.
- CSMEAL processes personal data to the extent necessary to perform the Service or Sale contract, including name, surname, correspondence address, e-mail and ID document number. Specific rules and rights are described in the Privacy Policy.
- The User and the Seller represent that they will pay for products and services with funds from legal sources.
- The User represents that they are not a VAT taxpayer. If the User becomes or is already a VAT taxpayer, they must provide the data required to issue a VAT invoice. The invoice may be sent to the User's email address or delivered by other electronic means.
- Sellers and Selling Users acknowledge that: (a) they are the seller and supplier of the products, and this is clearly defined in their contractual arrangements with Users and on any invoice, bill or sales receipt; (b) they set the general terms and conditions of their sales; (c) they authorize the relevant charge to Users and the delivery of products; (d) they are solely responsible for paying VAT or similar tax liabilities arising from sales of products via the Site.
- CSMEAL does not usually charge for Account maintenance, but may charge a Maintenance Fee of USD 1.00 (or equivalent in the applicable currency, mathematically rounded) per Account that has had no activity for a period exceeding 90 (ninety) calendar days from the latest operation. The Seller or Selling User consents to CSMEAL collecting this fee from funds on the Account. If there are no funds on the Account, CSMEAL may, at its sole discretion, delete the Account on the date the fee falls due or any date thereafter, without compensation.
- If the Buyer cancels a trade after purchasing an item, the funds will be refunded in the amount of 70% of the amount paid.
CSMEAL is the single point of contact for all queries from Users and Sellers regarding the use of the Site and can be reached through the support team. Price limits are evaluated by CSMEAL in accordance with the standards set out in these Terms, with further details available inside each Account.
Your Responsibilities
You must be 18 or older to sell items on the Site, regardless of any consent from a parent or guardian. As a condition to your use of the Site and Service, you agree not to: (a) impersonate or misrepresent your affiliation with any person or entity; (b) access, tamper with, or use any non-public areas of the Site, Service or CSMEAL's systems; (c) probe, scan or test the vulnerability of the Site or any related system or network, or breach any security or authentication measures; (d) decipher, decompile, disassemble or reverse-engineer any software used to provide the Service; (e) harm or threaten to harm other users, or interfere with their access (including by sending viruses, overloading, flooding or spamming the Service); (f) provide payment information belonging to a third party; (g) use the Service in an abusive way contrary to its intended use, to CSMEAL policies, to any obligation owed to a third party, or to applicable law; (h) systematically retrieve data from the Service to create a database, directory or similar compilation, whether through manual methods, bots, crawlers or spiders; (i) use the Service contrary to the terms of third parties providing facilities and technology for its operation, such as Valve; (j) infringe third-party intellectual property rights; or (k) use, promote or provide access to materials deemed by CSMEAL, in its sole discretion, to be offensive or harmful to its reputation, including illegal content and other content deemed injurious to CSMEAL and/or the Service.
If you notice any discrepancy between the actual and intended reward of any feature, you must not use that feature until you receive notification that the discrepancy has been eliminated, and you must notify us about the discrepancy immediately via support. Using the Service after discovering such a discrepancy without notification shall be deemed abusive use of the Service.
Steam Accounts
You agree to sign in to the Service through a Steam account provided by Valve Corporation or Valve S.a.r.l. (collectively, "Valve"). You are solely responsible for managing your account and password and for keeping your credentials confidential. CSMEAL is not affiliated with Valve or its affiliates. The Steam Subscriber Agreement applies to you, and your rights and obligations toward Valve remain consistent with, and in addition to, these Terms.
Platform
To complete a payment transaction, the Seller transfers title for the listed item to the Platform, and the Platform acts as merchant of record for the Buyer. The Platform processes the transaction, fulfils the order, handles any disputes, deposits the transaction, receives settlement from the payment institution and communicates with the payment institution on behalf of the Seller. After the payment is processed, the item is delivered to the Buyer through the Platform. The Buyer's bank statement may reference both the Seller and the Platform.
Investigation and Enforcement
CSMEAL has the right to investigate and prosecute violations of these Terms and any use of the Site or Service to the fullest extent of the law, including possible infringement of intellectual property rights and security breaches. CSMEAL may involve and cooperate with law-enforcement authorities. By accepting these Terms, you waive all rights not specifically set out herein and agree to hold CSMEAL harmless from any claim arising from any action taken by CSMEAL during, or as a result of, its investigations, and from any action taken as a consequence of investigations by CSMEAL or by law-enforcement authorities.
Termination
CSMEAL reserves the right to suspend or terminate the Service at any time and without notice. CSMEAL may also terminate your use of the Service if you fail to comply with these Terms or use the Service in a way that could cause legal liability for CSMEAL or disrupt use of the Service. If you wish to terminate your Account, you may simply stop using the Service.
Links to Other Websites
The Site may contain links to third-party websites or services not owned or controlled by CSMEAL. CSMEAL has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party website or service. CSMEAL will not be liable, directly or indirectly, for any damage or loss caused by reliance on any content available on or through such third-party sites. We strongly advise you to read the terms and privacy policies of any third-party services you visit.
EULAs
You may be bound by one or more End-User License Agreements ("EULAs") that include additional terms set by the product supplier rather than by CSMEAL or a payment processor. You will be bound by any EULA to which you agree.
Proprietary Rights
All rights, title and interest in the Service are and will remain the exclusive property of CSMEAL and the third parties providing facilities and technology for its operation. The Site and Service are protected by copyright, trademark and other applicable intellectual-property laws. Except as expressly permitted in these Terms, you may not reproduce, modify, create derivative works of, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site or Service. CSMEAL grants you a personal, non-transferable, non-exclusive, revocable and limited right to access and use the Site and Service for your own personal purposes as an individual consumer.
You may use the Service and Site solely for your own personal use, but you may not: (i) sell, grant a security interest in or transfer reproductions of the Service to other parties, nor rent, lease or license the Service to others without CSMEAL's prior written consent; (ii) host or provide matchmaking services for the Service, or emulate or redirect the communication protocols used by CSMEAL in any network feature of the Service, through protocol emulation, tunneling, modifying or adding components, or any other technique now known or developed in the future, including network play over the Internet, without CSMEAL's prior written consent; or (iii) exploit the Service or any of its parts for commercial purposes, except as expressly permitted in these Terms.
Disclaimer of Warranty and Limitation of Liability
You use the Site and Service at your own risk, and the Site and Service may be terminated at any time by CSMEAL or by third parties providing facilities and technology for its operation. CSMEAL does not encourage, condone or promote commercial use of the Site and Service. To the fullest extent allowed by applicable law, CSMEAL's warranties and remedies (if any) expressly set out herein are exclusive and replace all other warranties, express or implied, including the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed.
To the fullest extent allowed by applicable law, in no event shall CSMEAL or its suppliers or licensors be liable, whether in contract, tort (including negligence) or strict liability, for any incidental, indirect, consequential, special or punitive damages of any kind, loss of revenue or profits, loss of business or goodwill, loss of or unauthorized access to information or data, or any other financial loss arising out of or in connection with the use of, or inability to use, the Site or Service, whether foreseeable or not, even if CSMEAL has been advised of the possibility of such damages. In the event CSMEAL is found liable to you, its total cumulative liability shall not exceed USD 50. The above limitations apply even if any remedy provided herein fails its essential purpose.
Indemnification
You agree to defend, indemnify and hold harmless CSMEAL, its officers, directors, affiliates, employees and agents from and against any claims, liabilities, damages, losses and expenses (including legal and accounting fees) arising out of or in any way connected with your access to or use of the Site or Service.
Applicable Law; Jurisdiction
These Terms are governed by and construed in accordance with the applicable laws of CSMEAL's place of incorporation. Any disputes arising under or in connection with these Terms shall be subject to the jurisdiction of the competent courts of that jurisdiction.
General Provisions
These Terms are the entire and exclusive agreement between CSMEAL and you regarding the Service, and they supersede any prior agreements or understandings. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, that provision shall be deemed severed from these Terms and shall not affect the validity of the remainder. Nothing in these Terms creates a partnership or joint venture between you and CSMEAL. CSMEAL's failure to exercise or enforce any right or provision shall not operate as a waiver of that right or provision.
Contact
If you have any concerns, questions or complaints regarding these Terms, please contact CSMEAL at [email protected]. Anyone pretending to be an "administrator", "moderator" or "trade bot" of CSMEAL is a scammer — we will never send you screenshots of our control panel or add you on Steam to trade your items.