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Agreement on the Terms of Use of Certain Services of the Website
https://lolz.live/
1. TERMS AND DEFINITIONS
1.1. Website – a website on the Internet at:
https://lolz.live/
, which is an electronic classified
advertisements catalog (marketplace) of Digital Goods that Users may offer and browse on the Website
for the purpose of concluding transactions directly between Users.
1.2. Digital Goods – virtual property (intangible goods and/or services) intended for use via a
computer/smartphone, offers (advertisements) for the sale of which are posted by Sellers on the Website.
1.3. User – an individual who is a visitor to the Website or uses the Website in accordance with its
functionality as a Buyer and/or Seller.
1.4. Seller – a registered User who uses the Website for the purpose of posting Offers for sale and
carrying out the sale of their Digital Goods.
1.5. “Secure Transaction” Service – a software component of the Website used by the Seller to organize
the sale of their Digital Goods to Users.
1.6. “Premium” Service – a software component of the Website used by the Seller when posting an
Advertisement for the sale of Digital Goods in order to increase the number of views of such
Advertisement by Users by highlighting it on the Website among others.
1.7. 1.7. Director — Fitvana Limited, registration number 79698379, 18 Harbour Road, 35/F, Central Plaza, Wanchai, Hong Kong Island, Hong Kong, who is the person who owns and administers the Website.
The meaning of other terms and definitions used in this Agreement is provided in the User Agreement
(Marketplace Usage Agreement) and the Terms of Sale posted on the Website.
2. GENERAL PROVISIONS
2.1. This Agreement on the terms of use of certain services of the website
https://lolz.live/
(hereinafter referred to as the “Agreement”) is posted on the Website in the form of an electronic
document and defines the general conditions, scope, and procedure for using the Services.
2.2. Acceptance of the terms of this Agreement is carried out by the Seller by performing conclusive
actions to accept the Agreement in the Profile when the Seller creates an Advertisement (offer) for
the sale of Digital Goods.
2.3. Under this Agreement, the Administrator, for a fee, undertakes to provide the Seller with services
for granting access to the functional capabilities of the Services (hereinafter referred to as the
“Services”), and the Seller undertakes to accept and pay for the Services in accordance with the terms
of the Agreement.
2.4. The sale of Digital Goods by the Seller on the Website is carried out in accordance with the User
Agreement and the Terms of Sale, by granting the Seller access to the “Secure Transaction” Service,
through the use of which payment system operators, being third parties engaged by the Administrator,
ensure the performance of the following actions:
- acceptance of cashless payments from Users in favor of the Seller as payment for Digital Goods purchased from the Seller;
- crediting funds to Users in the event of refusal of purchased Digital Goods, return of Digital Goods, as well as in other cases provided for in the Terms of Sale;
- crediting funds to the Seller received from Users as payment for Digital Goods purchased from the Seller, minus the cost of the Administrator’s services in accordance with Clause 3.3 of the Agreement;
- crediting funds to the Administrator as payment by the Seller for the cost of the Services.
3. COST OF SERVICES AND PAYMENT PROCEDURE
3.1. The cost of the Administrator’s Services is determined in accordance with the website rules.
3.1.1. The amount of the Services may be changed by the Administrator individually and depends on the
cost of the Digital Good sold by the Seller using the functionality of the “Secure Transaction”
Service. The specific amount of the Administrator’s fee is displayed to the Seller when creating an
Advertisement (offer) for the sale of a Digital Good;
3.1.2. The cost of the Administrator’s Services includes all taxes payable by the Administrator in
accordance with applicable law.
3.2. The cost of the Administrator’s Services is paid by the Seller by deduction (withholding) by the
payment system operators of the corresponding payment from the Seller when crediting funds to the
Seller received from Users as payment for Digital Goods purchased from the Seller.
4. LIABILITY OF THE PARTIES
4.1. For failure to perform or improper performance of obligations under this Agreement, the Parties
shall be liable in accordance with the Agreement and the applicable law.
4.2. If, during the use of the Services, defects (malfunctions) are discovered that prevent normal use
of the Services and are not caused by improper use by the Seller, the Administrator shall eliminate
incidents and errors in the operation of the Services at its own expense and within a reasonable
period, based on written notification from the Seller sent by email to:
admin@lolz.guru
4.3. The Administrator shall be liable for defects in the Services unless it proves that such defects
arose as a result of the Seller’s violation of the procedure for using the Services as defined by this
offer agreement, Lolzteam rules, user instructions provided to the Seller in the Profile, the User
Agreement, and the Terms of Sale posted on the Website, or due to actions of third parties, or force
majeure circumstances.
4.4. The Administrator is not liable for transactions concluded by the Seller with Users as part of the
Seller’s performance of agreements concluded with Users. However, if a violation of Users’ rights
occurred due to the Administrator’s fault, the Administrator undertakes to compensate the Seller for
documented losses (actual damage only) incurred as a result of claims, lawsuits, or orders related to
consumer rights violations, provided that the Seller immediately notifies the Administrator of such
claims, lawsuits, or requests from government authorities and follows the legal position agreed with
the Administrator.
4.5. The Seller is aware of all functional capabilities of the Services and independently bears the risk
of the Services not meeting the Seller’s expectations and needs. The Administrator is not liable for
any losses arising from improper use or inability to use the Services in accordance with the Seller’s
expectations and needs, including software and technical limitations, incompatibility of software and
settings used by the Seller, as well as other circumstances beyond the Administrator’s control. The
Seller is solely responsible for all actions related to the use of the Services.
4.6. The Parties have established that the Administrator is not a participant in the circulation of
Digital Goods and does not bear obligations imposed on participants in the circulation of Digital
Goods.
5. FINAL PROVISIONS
5.1. The Parties shall be released from liability for partial or total failure to perform obligations
under the Agreement if such failure resulted from force majeure circumstances that arose after the
conclusion of the Agreement due to extraordinary events that the Administrator or the Seller could
not foresee or prevent. In the event of force majeure, the time for performance of obligations under
the Agreement shall be extended proportionally to the duration of such circumstances and their
consequences.
5.2. This Agreement is concluded for an indefinite period and enters into force from the moment
specified in Clause 2.2 of the Agreement.
5.3. In all other matters not regulated by this Agreement, Sellers shall be governed by the provisions
of applicable law.
5.4. The Agreement may be terminated at the initiative of the Administrator in the absence of technical
capability to provide the Services. In this case, the Administrator sends the Seller a notice of
termination of the Agreement to the Seller’s email address or via the Profile. The Agreement shall be
deemed terminated on the day following the date of sending such notice.
5.5. The Agreement may be terminated either by mutual agreement of the Parties or at the request of one
of them. A Party intending to terminate the Agreement unilaterally must notify the other Party.
5.6. Upon termination of the Agreement, the Parties shall make final settlements taking into account
the cost of obligations actually performed by the time of termination.
5.7. Termination of the Agreement does not release the Parties from any obligations, claims, or demands
related to any previous violations of the terms and conditions of the Agreement.
5.8. All disputes and disagreements arising between the Parties shall be resolved through negotiations.
A mandatory pre-trial claim procedure for dispute resolution is established. The Party receiving a
claim must consider it and send a response to the other Party within 30 business days from the date of
receipt.
5.9. All disputes, disagreements or claims arising out of or in connection with this Agreement are subject to judicial review at the Client's place of residence, and if the Client is a legal entity, at the place of its state registration, in accordance with applicable law.
5.10. If one or more provisions of this Agreement are for any reason invalid or unenforceable, such
invalidity shall not affect the validity of any other provision of the Agreement, and the Agreement
shall be interpreted as if it did not contain such invalid provision.
5.11. In all other matters not established by this Agreement, the Parties shall be guided by the
Lolzteam rules, the User Agreement, and the Terms of Sale posted on the Website.