1 Contractual object and applicability
1. M8XGAME is an online agency for the buyers (hereinafter referred to as Buyers) and sellers of digital and virtual goods in connection with online games. M8XGAME connects the sellers of digital and virtual goods available with Buyers. For this service, the seller must pay M8XGAME a fee in the form of an individually negotiated commission. The relationship between M8XGAME and the Buyer is gratuitous.
1.2. The sellers distribute and deliver digital and virtual products in exchange for remuneration. The products are predominantly
- Online game commodities (e.g., gold, weapons, points, coins)
- Keys and game card codes (access codes or keys to certain online games)
- Leveling services (e.g., power-leveling, where the Buyer is put in touch with professional gamers who progress to higher levels on the Buyer's behalf)
The seller concludes the legal transaction concerning the sale of digital and virtual goods with the Buyer directly. At no point does M8XGAME have ownership of the digital goods.
2 Intermediary role
2.1. A customer account is required in order to use M8XGAME. To register, the Buyer must provide his/her first name(s) and surname, address, a current email address, and create a username and password. Registration is free.
2.2. Additionally, a social media login allows the Buyer to use M8XGAME without registering. In this case, M8XGAME shall authenticate and clearly identify the Buyer using the Buyer's account information at Amazon, Google, PayPal, Facebook, etc.
2.4. On its Platform, M8XGAME hosts sellers' invitations to Buyers - in the form of offer text and images - to submit an offer by clicking on the 'Buy' buttons. After adding goods to the basket by clicking on the 'Buy' button and clicking 'Order' at the end of the order process, the Buyer is submitting a legally binding offer for the goods in question. M8XGAME shall forward the offer to the relevant seller, which can then accept it. If the seller accepts the offer, it will deliver the product to the Buyer within the specified delivery deadline.
2.5. If the seller accepts the offer, M8XGAME shall facilitate contact between the seller and Buyer.
2.6. The seller shall determine the method of delivery. The following delivery methods are possible:
- In-game mail
The seller delivers the product within the game.
- Face to face
An employee of the seller meets the Buyer within the game.
These shall be sent to the Buyer through an external service provider by or on behalf of the seller.
- Comfort trade
The seller logs into the account of the Buyer over an encrypted connection creates a new character and delivers the product to the Buyer.
- Mule account
The seller creates a new account, stores the product there, and sends the account name and password to the Buyer.
Within the game, the Buyer is prompted by a message sent by the seller to accept a contract in order to receive the product.
- Auction house
The Buyer places his/her order in an auction house in the game, the seller identifies the Buyer by his/her character name, for example, and orders the specified product.
3.1. The Buyer shall pay the seller the purchase price indicated by the seller on M8XGAME's Platform.
3.2. The payment shall be rendered directly to the seller via the Platform and account of M8XGAME.
3.3. At no point does M8XGAME automatically collect payments. The payment shall be made only after the seller verifies and accepts the offer; the payment can only be actively initiated by the Buyer. Before the Buyer can select a payment method, feedback is sent to the seller via an interface, which will then check the Buyer's offer. For the Buyer, this process is visually represented by a loading symbol and the message 'Awaiting confirmation from the seller. As soon as the check is complete, the Buyer can select a payment method. Every time he/she places an order, the Buyer must select a payment method and then enter his/her payment information on the payment page. M8XGAME shall then process the transaction.
3.4. Payment methods include Sofort, PayPal, Paysafecard, mobile payments, credit cards, Skrill, giropay, Maestro, EPS (Netpay), Paymentwall, bank transfers, etc. The sellers reserve the right to refuse to accept certain payment methods or accept/demand other payment methods than those listed above.
4.1. The Buyer and M8XGAME are both entitled to terminate their relationship at any time. This can be done by deleting the Buyer's account. To do so, the Buyer must send M8XGAME a message (by email or using the 'Contact' section on the Platform of M8XGAME) requesting the deletion of his/her account. M8XGAME shall fulfill this request five days after receiving the message at the latest.
4.2. M8XGAME can also terminate the relationship. In this case, M8XGAME can either temporarily or permanently block or delete the account of the Buyer. After weighing its interests, M8XGAME shall continue with any ongoing intermediation until it is complete.
5.1. M8XGAME cannot be held liable for the measures taken against the Buyer by a provider of online games, especially not for the blocking of the Buyer's account or the deletion of his/her digital or virtual goods by the online games provider.
5.2. Liability for inaccurate price labeling, faulty performance or non-performance by the seller, and for any other breaches of contract or risks associated with the sale of the goods, rests exclusively with the seller.
6.1. The content available on the Platform is protected by copyright or other proprietary rights and is the property of M8XGAME or third parties which have made it available.
6.2. Some of the content available on the Platform is provided by M8XGAME and some by third parties. M8XGAME does not check that third-party content is complete, accurate, or legal, and therefore accepts no responsibility for said third-party content.
6.3. The Buyer is prohibited from fully or partially processing, modifying, exhibiting, publishing, displaying, duplicating, or distributing content on the Platform which the Buyer did not create. Such content includes photos, logos, text, reports, scripts, and program routines developed independently or provided by M8XGAME. Likewise, the Buyer is prohibited from removing or modifying copyright notices, proprietary notices, or marks of any kind.
7 Data protection
7.1. M8XGAME shall collect the data of the Buyer in connection with the mediation and execution of contracts. M8XGAME shall only collect, process, and use personal data without the consent of the Buyer in so far as necessary.
8 Governing Law
These Terms of Service and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with the laws of the France.
Company Name: Fuing
Registration Number: 841052343
Company Address: 16 Cours Francois Bart, 59140 Dunkerque France