Welcome to DMarSket. These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services. Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you are using our Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.
We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of our Services after such modifications constitutes your acceptance of the revised Terms.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Order" means a request to purchase Products through the Services.
- "Products" means the video games, gaming accessories, and other items offered for sale through the Services.
- "Subscription" means a recurring Order for Products at specified intervals.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Products and Ordering
4.1 Product Information
We strive to provide accurate product information, including descriptions, prices, and availability. However, we do not warrant that product descriptions or other content on our Services are accurate, complete, reliable, current, or error-free. If a product offered through our Services is not as described, your sole remedy is to return it in unused condition.
4.2 Product Availability
All Products are subject to availability. We reserve the right to limit quantities, terminate or modify promotions, and withdraw or modify Products without notice.
4.3 Prices and Payment
All prices are displayed in the applicable currency and do not include taxes, shipping, or handling fees, which will be added to your total amount at checkout. We reserve the right to change prices at any time. Payment must be made at the time of placing an Order. We accept various payment methods as indicated on our checkout page.
4.4 Order Acceptance and Processing
Your Order constitutes an offer to purchase Products. We reserve the right to accept or decline your Order for any reason. We will send you an order confirmation email once we accept your Order, at which point a binding contract is formed.
4.5 Shipping and Delivery
Shipping methods, times, and fees vary based on the Products ordered, destination, and selected shipping method. We are not responsible for delays caused by factors beyond our control, such as customs processing or natural disasters.
4.6 Risk of Loss
Risk of loss and title for Products pass to you upon delivery to the shipping carrier.
5. Returns and Refunds
Our return and refund policies are detailed in our separate Refund Policy, which is incorporated by reference into these Terms.
6. Content and Intellectual Property
6.1 Our Content
All Content provided through our Services, except for User Content, is owned by us or our licensors and protected by intellectual property laws. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, or transmit any of our Content without our prior written consent, except for personal, non-commercial use.
6.2 User Content
By submitting User Content (such as reviews, comments, or feedback), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our Services.
6.3 Prohibited Content
You may not post User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right
- Contains software viruses or any other computer code designed to disrupt, damage, or limit the functioning of our Services
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (spam)
- Impersonates any person or entity or misrepresents your affiliation with a person or entity
6.4 Content Removal
We reserve the right to remove any User Content at our sole discretion.
6.5 Trademarks
Our name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You may not use these marks without our prior written consent.
7. User Conduct
When using our Services, you agree not to:
- Violate any applicable law, regulation, or these Terms
- Use our Services for any illegal purpose
- Interfere with or disrupt our Services or servers
- Attempt to gain unauthorized access to any part of our Services
- Use any robot, spider, or other automatic device to access or use our Services
- Collect or harvest any information from our Services
- Engage in any activity that would constitute a criminal offense or give rise to civil liability
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE AMOUNT PAID BY YOU TO US FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY.
10. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your access to or use of our Services
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another
- Your conduct in connection with our Services
11. Termination
We may terminate or suspend your access to our Services at any time, for any reason, without notice or liability. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitation of liability, and indemnification.
12. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party websites or services.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved exclusively by the courts of Romania.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the validity, legality, and enforceability of the remaining provisions shall not be affected.
15. Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on our Services, constitute the entire agreement between you and us regarding your use of our Services.
