Welcome to read the terms and conditions, these terms and conditions are made by network users who use Vgswap for any operation (hereinafter referred to as "you" or "user") and this website www.vgswap.com (hereinafter referred to as "Vgswap platform" or "This website") is jointly concluded by Sichuan Liangyou Technology Co., Ltd. (hereinafter referred to as "the company"), the owner of which has the effect of a contract.
In order to use the services of the Vgswap platform and better protect your rights and interests, you should read and abide by these terms and conditions. Please be sure to carefully read and fully understand the contents of each clause, especially the clauses that exempt or limit the liability of the Vgswap platform. Unless you have read and accepted these terms and conditions, you have no right to use the services provided by the Vgswap platform, including the Vgswap website. Your use of the services of the Vgswap platform means that you have read, clearly understood and agreed to be bound by these terms and conditions, otherwise please do not use the Vgswap website and related services.
The Vgswap platform is an online trading place that provides a safe space for game lovers to trade various game-related content. Please note that the Vgswap platform is not an online store, but an online trading platform, all transactions are between users and sellers, and the Vgswap platform does not participate in the sale or purchase of digital content unless otherwise expressly stipulated.
For the avoidance of doubt:
- Sales through the platform are between users and sellers, while the Vgswap platform only provides secondary services related to establishing and maintaining the platform, and provides additional services related to ensuring a smooth and safe experience for users and sellers.
- These terms and conditions stipulate the contractual relationship between the Vgswap platform and users, and between the Vgswap platform and sellers regarding the Vgswap management platform. These terms and conditions do not govern the relationship between the user and the seller.
- These terms and conditions do not stipulate the terms of a specific transaction concluded between the user and the seller, such as: purchase price, content and quality of digital content, terms of safety, guarantee and liability related to the sale of digital content through the platform. The Vgswap platform does not verify Authenticity and accuracy of data provided by users and sellers.
- Notwithstanding the above, Vgswap reserves the right to formulate general guidelines related to buying and selling content through the platform solely for the purpose of maintaining the Vgswap brand, ensuring the smooth operation of the platform, and avoiding unfair practices and illegal activities on the platform.
Vgswap platform may formulate and revise these terms and conditions and related rules from time to time according to legal and business development needs, and make an announcement in the "User Service Agreement" column at the bottom of the Vgswap platform website by means of website publicity, and will not notify you separately. If the feedback is adopted, the Vgswap platform will adjust the changes as appropriate. If you still disagree with the effective changes, you should immediately stop using the Vgswap platform and stop all operations. All kinds of rules, statements, etc. will come into effect after they are published and become part of these terms and conditions. Logging in or continuing to use various functions of this website or enjoy various "services" will indicate that the user accepts the revised agreement. Except for additional expressed statement, any new content that will extent the range of “service” or strength its function will be binded by the terms and conditions.
- Account — an account that makes it possible for a user or seller to use the services offered by the platform and obtain all the benefits from them.
- Digital Content — digital content that has an activation code and can only be used after activation on the user's computer platform or other digital content that the seller offers for purchase through the platform.
- Vgswap Platform — The platform is available on the Internet at: www.vgswap.com and/or via the app.
- Contract of Sale — any contract between a user and a seller that obligates the seller to transfer access to digital content to the user, for payment by the user.
- Service — one of the services provided by Vgswap as described in these Terms and Conditions.
- Terms and Conditions — the set of rules that determine the rights and obligations of users, sellers, and Vgswap, and the agreement that regulates the use of the platform.
- User – a natural person acting in accordance with these terms and conditions for purposes other than trade, business, craft or profession (i.e. consumer) and has registered an account on the platform and/or intends to use the The service purchases digital content.
- Seller — An individual or business that operates in any form and sells digital content to users through the platform.
Scope of application
- Users who are prohibited from using this platform due to national or regional restrictions such as the country/region where they are located and the place where the service is used, please stop using this platform.
- Each User confirms that they are at least 18 (eighteen) years of age or have reached the age under the laws of their respective country that allows them to be responsible for obligations arising from a contractual relationship and to have full capacity to take legal action. In addition, each user confirms that the laws of their respective countries have no restrictions on their use of the services provided by the Vgswap platform.
- Each seller hereby declares that there is no factual or legal basis preventing them from accepting these terms and conditions and entering into a sales contract with the user through the platform for the purpose of selling digital content to the user.
- Vgswap has the right to unilaterally change and modify these terms and conditions at any time by publishing the revised terms on the platform, including the right to formulate new agreements and withdraw old agreements at its own discretion.
- For further use of the platform and services, users and sellers acknowledge to be bound by all changes to these terms and conditions. Unless otherwise expressly stated, the amendments to the terms and conditions shall become effective 7 (seven) days after the announcement on the platform.
- Users and sellers can enter into additional separate agreements with the Vgswap platform. In the event of any conflict between the provisions of these Terms and Conditions and such Additional Agreements, unless expressly stated otherwise in the Additional Agreement, the provisions of the Additional Agreement shall prevail.
- Unless expressly stated otherwise, Vgswap charges commission and any other possible fees from the price determined by the seller in connection with each trade. During the process of creating an offer, the platform provides the seller with all information about commissions and other fees.
- Users can use the platform, create accounts and purchase digital content through the platform for free. Vgswap’s commission is collected from the sales price of the digital content specified by the seller. But users may need to pay for additional services signed with the Vgswap platform.
- Users and Sellers are solely responsible for the payment of fees and taxes associated with their use of the services offered on the Platform. In particular, Users and Sellers are responsible for paying their own taxes, fees or other amounts due in connection with contracts concluded through the Platform. Under no circumstances will Vgswap be responsible for settling such fees and taxes. If a payment method fails or the invoice is overdue, Vgswap reserves the right to request payment by another payment method, including all additional fees that may be incurred by that method.
- Whenever Vgswap provides services to any user deemed a business, such user acknowledges and agrees to pay any due GST, VAT, sales tax or any similar tax through the applicable reverse charge mechanism.
- Every user is obliged to disclose their place of residence. Users are hereby informed that Vgswap may use tools to detect the location of computer network equipment (and connections) with respect to the country of origin from which the registration was performed. Vgswap may refuse to set up accounts or suspend or terminate such accounts if the user's specified place of residence differs from Vgswap's verification results, in particular the localization of computer network equipment (and connections), regarding the country of origin of access to the platform. Unless otherwise expressly agreed on a case-by-case basis, each user is only entitled to set up one account. For the avoidance of doubt, unless expressly agreed otherwise on a case-by-case basis, the User may not use a VPN connection while using the Platform.
- Vgswap may from time to time perform identity verification procedures and require its users and sellers to present appropriate documents and information related to their identities and activities within the platform. This may include the user's identification documents as well as various seller's documents confirming the seller's legal status, registered address, authorization to act on behalf of the seller, VAT identification number and other data that may be required in a given case. Failure to provide such documents and information within the period specified by Vgswap may constitute grounds for refusal of registration and/or grounds for suspension or termination of registered accounts.
- At any time, if Vgswap believes that the account has a high risk of causing damage to anyone, Vgswap has the right to suspend the use of the account by restricting access to the login account, suspending transactions, etc. Vgswap shall reactivate the account after the risk is eliminated (at Vgswap's sole discretion). Vgswap reserves the right to terminate the account in case the account administrator violates the law or these terms and conditions. Vgswap has the right to suspend or terminate the use of accounts, provided that Vgswap believes that any other occurrence may pose a risk to anyone or violate the law.
- Users are responsible for the safekeeping of their accounts and must keep their email addresses up to date. Vgswap is not responsible for the failure to receive information due to user negligence.
- In case Vgswap decides that the platform must be modernized or there are technical problems, Vgswap reserves the right to limit the possibility of logging into the account or using the corresponding service or even general access to the platform.
- The user acknowledges that disclosing the login details of his account to others may cause damage to Vgswap or third parties. It is the user's responsibility to ensure the security of such information, and if they fail to do so, it is the user's responsibility to eliminate all damage caused.
- The account is provided free of charge to users by Vgswap and allows them to use the services offered through the platform, which can be done from anywhere in the world via the Internet.
- Services (or any other functionality incorporated into the Platform) may vary by country. Vgswap does not guarantee that all users can use a certain type or range of services or functions. Vgswap reserves the right to restrict, deny or create another level of access related to the use of the Services (or any other functionality incorporated into the Platform) by different individual users.
- In order to start selling through the platform, sellers must be authenticated.
- Vgswap reserves the right to suspend or terminate a seller's account if the seller violates these terms and conditions and applicable laws.
- Notwithstanding the foregoing, Seller's account may also be suspended or terminated if the digital content sold is found to infringe third party intellectual property rights or has been used.
- Users and Sellers may not use other accounts, nor provide their accounts to other users or any third parties. The foregoing does not apply to sellers making their accounts available to persons duly authorized to act on their behalf and their employees. For the avoidance of doubt, Users and Sellers shall be solely responsible for the actions and results of the actions of those to whom they provide access to their accounts.
- Both users and sellers are obliged to promptly update their registration data and promptly notify Vgswap of any changes to such data.
Terms and Conditions of Use
- Subject to these terms and conditions, Vgswap grants users a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services provided by Vgswap. Such licenses are strictly limited to the functionality of the platform and do not extend to any licensing of digital content (including game activation codes provided by sellers through the platform). For the avoidance of doubt, any license to digital content may only be granted at the sole discretion of its owner or other authorized person.
- All rights not expressly granted to users in these terms and conditions are reserved by Vgswap or its owner, licensor, seller, publisher or other licensors.
- Any intellectual property object, such as any text, graphic material, interactive features, logos, photographs, documents, software on the Platform, except those uploaded, transmitted, made available, published by users and sellers, as well as the selection, organization, coordination, compilation of materials And the general outline and nature of the platform constitute the intellectual property rights of Vgswap. They are protected by copyright, trademarks, patents, industrial design rights and any other rights and regulations, including international conventions and property rights. Vgswap reserves any such rights. Any trademarks, logos and trade names constitute the property of Vgswap.
- Except with the express written consent of Vgswap, neither the user nor the seller may: copy, reproduce, download, transmit, sell, distribute or resell any service, information, text, graphics, video clips, sounds, scripts, files, databases or listings in available on or through the Platform, nor otherwise used. Systematic retrieval of platform content to directly or indirectly create or compile collections, compilations, databases and directories (by using robots, search engines, automatic or manual devices) is prohibited without express written permission of Vgswap. Use of any content or material available on the Platform for purposes not specified in the Terms and Conditions is prohibited, in particular any form of use, publication, reproduction - whether electronic, mechanical, photographic or otherwise (all rights reserved).
Vgswap is allowed to provide users with hyperlinks (i.e. banners, channels) on the platform to access content, products or services offered by other providers, leading them to the platforms of such providers. Vgswap is not responsible for the certainty, accuracy or reliability of the information submitted by the above sellers. Vgswap recommends reading all documents on the websites of such providers. Users acknowledge that Vgswap has no control over the actions of these providers.
Users and sellers include but are not limited to acknowledging and stating that they:
- Will not post any inappropriate or wrong information that may be harmful to Vgswap, other users, sellers or third parties.
- Do not upload or disseminate any information that may violate laws, contractual agreements or third-party rights on the platform. Such potentially sensitive information may be copyrighted material, personal data, trade secrets, etc.
- Will not impersonate another person or entity, whether existing or fictitious, or falsely claim to be related to any other person or entity, nor access the accounts of other users or sellers, nor provide any information that may mislead Vgswap, other users or false information from sellers.
- You will not attempt to hack, modify, disable or affect the Platform or challenge its security in any other way.
- The platform will not be used for any purpose other than the purpose of considering the Vgswap service.
- No attempt will be made to collect any personal data held in the system of the platform without the consent of the specific data subject, nor to offend or deceive other users or sellers.
- You will not use the platform for any illegal purpose or violate any laws, including provisions on copyright, intellectual property and other property rights protection.
- There will be no attempt to interfere with the activities of the Platform or to disable (or make it difficult for) other users or sellers to use the Platform.
- No transfers will be made for compensation or compensation for part or all of the account will be provided in any other way.
- No transactions will be made with funds from illegal or undisclosed sources.
- All of the above actions include attempting to carry out one of the actions or creating the conditions for the realization of such actions.
- By posting or publishing their own materials on the platform or distributing such materials to Vgswap by any other means, users and sellers grant Vgswap an irrevocable, perpetual and free license to use these materials to the extent permitted by law, including but not Limited in any way and for any purpose that may benefit the operation of Vgswap, currently or in the future. Users and Sellers acknowledge and warrant to Vgswap that they have sufficient means and rights to secure such permission.
- Seller is strictly prohibited from posting and selling any digital content that violates applicable laws, rights of third parties (including copyright), or these terms and conditions.
Transactions between users and sellers and the role of Vgswap
- As the administrator of the platform, Vgswap provides sellers who meet specific requirements with the opportunity to sell digital content to users through the platform.
- Each seller determines the price of the digital content they intend to sell through the platform. Unless expressly stated otherwise and subject to Sections 3.1-3.2, Vgswap will charge commission and any other possible fees from such prices. Users and sellers confirm their understanding that Vgswap and individual sellers may also enter into additional agreements regarding other commissions and fees as described in Section 2.8.
- By listing the digital content on the platform, the seller instructs Vgswap to publish the seller's offer on the platform, signing an agreement for users who are willing to purchase the digital content at the price determined by the seller. Therefore, it should not constitute an offer of sale in the sense of civil law. The seller reserves the right to change the price of the offered digital content, provided that there is no user's expressed desire to purchase such content. Each Seller acknowledges and agrees that product prices and descriptions are public and available to all users of the Platform.
- In order to publish digital content on the platform, sellers need to read and confirm that the description information of the product on the platform correctly reflects the true characteristics of the product before publishing the quotation. Vgswap is not responsible for the digital content published by the seller that does not match the product description information.
- Each User is aware and acknowledges that expressing their desire to purchase Digital Content through the Platform (i.e. placing an order in connection with the purchase of Digital Content) may entail payment obligations. For the avoidance of doubt, users who express their desire to purchase digital content must be aware that, depending on the delivery and payment authorization preferences selected by the seller, the seller may have the right to rescind the conclusion of the sales contract.
- Vgswap does not authorize the delivery of digital content sold by sellers, nor is it responsible for nor authorizes payment for digital content delivered by sellers through the platform.
- Vgswap enables users and sellers to pay users when due through specific payment channels available on the platform. For the avoidance of doubt, the seller may allow such payments to be made outside the Vgswap ecosystem, in which case the user shall be responsible for ensuring that the payment has been properly and securely made, recorded and all information has been communicated to the seller. For payments made within the Vgswap ecosystem, each seller hereby agrees and grants Vgswap permission to deduct commissions and other fees from funds collected in its bank account and transfer the remainder to the seller's bank account.
- Vgswap encourages friendly resolution of any disputes between users and sellers. To this end, Vgswap provides a dispute resolution mechanism for users and sellers through the help center function available on the platform. In which the user and the seller can agree to refund the funds to the user or replace a defective product purchased. In order to maintain the Vgswap brand and avoid improper and illegal actions on the platform, Vgswap can participate in the above process as an intermediary, but the right to resolve such disputes still belongs to the seller. If users are not satisfied with the conclusions of such resolutions, they may file a corresponding claim against the seller through court or any other means.
- Users and sellers acknowledge that entering into any contract on the platform involves the risk of dealing with people with malicious intent. Vgswap acts with care and uses reasonable measures to verify the authenticity of the information and data provided by users and sellers in order to identify the respective users and sellers and determine their suitability to use the platform and dispose of accounts. Notwithstanding, users and sellers shall use reasonable efforts to ensure that the respective user or seller is suitable for any business transactions and relationships.
- Users and sellers are personally responsible for complying with all terms and conditions, in particular terms and conditions and other commitments, of transactions carried out on, through or as a result of the use of the platform or services. This also includes, but is not limited to, payment terms, warranties, returns, delivery, delivery times, insurance, fees, taxes, licenses or penalties.
- In order to unify the rules of transactions conducted through the Platform and to ensure a standard of fair practice when conducting said transactions, the User and the Seller hereby confirm that the sale contract between the User and the Seller becomes effective upon providing access to the Digital Content, and to the Fees charged by users are authorized by sellers. All further actions related to sales contracts, rights and obligations are governed by the applicable laws or agreements between the user and the seller.
- Vgswap will work with users and sellers on all issues related to the proper provision of services. The communication between Vgswap and users and sellers will be carried out through the platform's support center, email or other communication channels agreed separately.
- Vgswap will provide technical support to users and sellers should they encounter any issues related to account or platform functionality.
- The sale of digital content through the Platform may result in the seller being obliged to record such sales with a corresponding bill (transaction document). Since Vgswap has the technical resources necessary to issue such transaction documents, the seller hereby authorizes Vgswap to issue such documents in the seller's name and on behalf of the seller with respect to its sales through the platform.
- Sellers agree to disclose and provide Vgswap with all information necessary to prepare such transaction documents. Seller confirms that they understand that such transaction documentation should be provided to users purchasing digital content from Seller.
- Although Vgswap has taken due care in issuing such transaction documents, Vgswap does not in any way guarantee compliance with all laws and regulations of such transaction documents. Sellers are advised that it remains the sole responsibility of each seller to ensure that any and all transaction documents comply with applicable laws.
- Vgswap Transaction Document Services shall be provided "as is" and each Seller acknowledges that Vgswap makes no representations or warranties, express or implied, oral or written, with respect to Transaction Document Services, including but not limited to any implied warranties of accuracy or compliance.
- Each Seller shall defend, indemnify, and hold harmless Vgswap, its affiliates, and its directors, officers, employees, agents, and licensees from any claims, charges, actions, losses, damages, liabilities, costs, settlements, and DAMAGES FOR COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ANY THIRD PARTY CLAIMS, SUIT OR PROCEEDING ARISING OUT OF OR RELATED TO THE ACTS OR OMISSIONS OF SELLER OR ANY OF ITS OFFICERS OR EMPLOYEES. The defense and indemnification obligations set forth in this section will survive termination of these terms and conditions.
- Seller's sole remedy for any errors, defects or failures in the Transaction Documents is to correct such defects or errors.
- The user has the right to request the seller to issue an invoice related to the user's purchase of digital content through the platform. Under Applicable Law, each Seller may be obliged to issue and deliver the requested invoice as soon as possible, but not in excess of the applicable Law.
- Each Seller acknowledges that it may be obliged to invoice User for the sale of Digital Content in accordance with applicable law. The above-mentioned invoice can be delivered to the user after being uploaded by the seller on the platform.
- Each seller acknowledges, agrees and confirms that Vgswap is not responsible for the invoicing and delivery of sales of digital content under applicable law. Seller hereby agrees to be harmless from or against any claim, allegation, action, loss, damage, liability, cost, settlement, claim, suit or proceeding of any third party arising out of or arising out of any act or omission of Seller or any of its officers or employees. costs, including reasonable attorneys' fees, that may be incurred or may arise from failure or incorrect performance of obligations related to invoicing and delivery to User.
By accepting these terms and conditions, and by placing any digital content on the platform for sale, each seller warrants and acknowledges that:
- It has full capacity and right to accept any related documents of the terms and conditions, to grant licenses and authorizations and to undertake the obligations described herein. Such digital content is legally obtained and derived from lawful sources, free from defects and of any third party rights and claims, and seller has all necessary licenses, rights, licenses and consents to use, distribute, post, publish, sell, including The right to sell via the Internet, on-line systems, and this right without restriction.
- Such Digital Content does not infringe any third party rights, including copyrights, trademarks, patents, trade secrets, privacy rights, likeness rights, or any other proprietary or intellectual property rights.
- Commit to using the Platform and Services in accordance with these Terms and Conditions, applicable law and good practice.
- Will not engage in any activity that may be harmful to the Vgswap brand or that may negatively impact the platform or digital content sold through the platform.
- The platform will not be used for any money laundering related activities, nor for any action that Vgswap believes may increase the risk of being accused of using the platform for money laundering purposes.
- The platform will not be used to resell free or discounted digital content related to or in support of charitable events.
- No VPN connection will be used during use of the Platform, unless expressly agreed otherwise on a case-by-case basis.
- Digital content that contains or may be used to directly or indirectly receive illegal content and services will not be listed nor sold on the platform.
Each seller agrees and acknowledges that:
- are sellers and suppliers of digital content, as will be expressly defined in their contractual arrangements with users and related invoices, bills or sales receipts.
- General terms and conditions of sale to users will be set.
- Authorization will be made to charge users for the relevant fees and deliver the digital content.
- is solely responsible for the payment of value added tax, goods and services tax, sales tax or any similar tax in accordance with applicable laws arising from the sale of digital content (if any) to users through the platform.
- If Seller is a business representative of a legal entity, they warrant, represent and certify that, as such representatives, they have obtained the necessary consent and authorization from their principals to act as sales representatives and publish the contact details necessary to conduct business.
Sellers are obliged to provide information or documents related to their business, company or digital content at the first request of Vgswap. Each seller represents, warrants, acknowledges and assumes full responsibility for:
- The information and documents submitted during the registration process or further use of the platform are true, accurate, valid and complete.
- If there is any document change, it will be reported in time to ensure the authenticity, effectiveness and completeness of the document.
- Each seller agrees to provide Vgswap with all necessary information, materials and licenses and all reasonable support and cooperation in order for the latter to comply with whether the seller has violated the terms and conditions and/or whether the complaint against the seller has been filed. If the failure to do so results from a delay, suspension or denial of access to any service, Vgswap shall not be obliged to extend the period of such service nor shall it be liable for any loss or damage arising from such delay, suspension or denial.
- Each seller agrees and acknowledges that it is their obligation to act in accordance with all laws and regulations applicable to themselves, the transaction and their respective users.
- Unless expressly stated otherwise by Vgswap, Sellers acknowledge and agree that they will only use the Platform to sell Products in digital form, meaning that Products will be available for users to download to their hard drives and will not be delivered or stored on physical media carriers.
About after-sales communication, each seller promises:
- Use the features noted in Section 6.8 to resolve any post-sale issues.
- Not engage in unfair practices and address issues that arise in good faith, that is, actively attempt to resolve users' issues and avoid response delays beyond what is reasonably necessary to investigate and resolve such issues.
- Not to post, promote or transmit any unlawful, harassing, defamatory, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
- Do not mislead users or publish false information.
- Do not refer to Vgswap as the party responsible for solving after-sales problems, except in the case of failure of the services provided by the platform.
- Vgswap reserves the right to take action against any seller found to be in violation of the terms set forth in Section 7.8 above, including restricting the services provided through the platform. For the avoidance of doubt, Vgswap only acts as an intermediary and is not responsible for the content of the conversation between the user and the seller.
- If you are under the age of 18/the age required by law in your region, any participation in online activities should obtain the prior consent of your parent/guardian. If you are a minor, please inform your parents/guardians to read this policy together, and seek your guardian's consent and guidance before you use the service or submit personal information. You and your guardian must carefully read and fully understand this agreement, and start using it after confirming that you fully understand and agree to all the terms. When you click to agree to this agreement online, or if you use/continue to use the service or submit personal information, it means that you have obtained the permission of your guardian, and your guardian agrees to this agreement (including updated versions).
Underage users are not deeply involved in the world, are easily confused by virtual images on the Internet, and have strong curiosity. They lack the ability to deal with emergencies and are easily used by people with ulterior motives and lack the ability to protect themselves. Therefore, minor users should pay attention to the following items when using this service to increase safety awareness and strengthen self-protection:
- Recognize the difference between the online world and the real world, and avoid being addicted to the Internet, which will affect your daily study life.
- When filling in personal information, strengthen the awareness of personal protection to prevent unwanted elements from harassing personal life.
- Under the guidance of guardians or teachers, learn to use the Internet correctly.
- Avoid random meeting or participation in social activities with strangers, lest criminals take advantage of it and endanger their own safety.
- Guardians and schools should give more guidance to minors when using this service. In particular, parents should care about the growth of their children, pay attention to communication with them, and guide them on the safety issues they should pay attention to when surfing the Internet, so as to prevent problems before they happen. Guardians of minors should supervise minor users to raise safety awareness and strengthen self-protection when using this service. At the same time, guardians should strengthen the supervision and protection of minors. If guardians fail to carefully perform their guardianship responsibilities, guardians should bear corresponding responsibilities.
Special instructions for guardians:
- Minor users are not deeply involved in the world, are easily confused by virtual images on the Internet, and have strong curiosity. They lack the ability to deal with emergencies and are easily exploited by people with ulterior motives but lack the ability to protect themselves. Therefore, guardians are required to protect your child's personal information and safety, and require them to read and accept this agreement together under your guardianship, and use the service and submit personal information with your consent and guidance. If you do not agree to the content of this agreement, it may cause the service to fail to operate normally, or the service effect we intend to achieve cannot be achieved, and you should ask your child to stop accessing/using the service immediately. When you click to agree to this policy online, or your child uses/continues to use the service and submits personal information, it means that you agree to this agreement (including updated versions).
- Vgswap will take practical and effective measures to protect the legitimate rights and interests of minors in the process of using the service in accordance with relevant laws and regulations and the provisions of this agreement, including the possible adoption of technical measures, prohibiting minors from accessing inappropriate functions, restricting minors online time and prevent minors from indulging in the Internet. As part of the rules, Vgswap will also publish Vgswap user guidelines and warning instructions in appropriate places, including content introduction, correct use methods, and methods to prevent harm from happening. All minor users should carefully read and follow these guidelines and instructions under the guidance of their legal guardians.
- Other users should refrain from publishing or producing any content that is detrimental to the physical and mental health of minors in the process of using the service, and jointly create a healthy network environment.
Vgswap Liability is excluded in relation to:
- Any adverse consequences resulting from accessing, using or being unable to use the platform for reasons beyond Vgswap's control.
- Any action taken by Vgswap against users or sellers who violate these terms and conditions or applicable laws. This includes suspending or terminating accounts or restricting the platform's functionality.
- The impact of third parties accessing any data and information in an unauthorized manner that cannot be tracked in time, unless Vgswap does not take reasonable actions as soon as possible to prevent the consequences, including any adverse consequences for private data that are subject to the actions and omissions of users and sellers Impact.
- Due to any adverse consequences that viruses, Trojan horses, etc. may be transmitted to or through the platform by third parties, Vgswap shall ensure that all reasonably available measures are taken to eliminate such threats.
- Any third-party rights violated by law or by the User and the Seller, in particular with regard to any damage caused by the User and the Seller to third parties as a result of infringement of copyright, industrial property rights, etc., in particular with regard to any request to transmit, distribute, publish, make available, present to third parties Data with claims or rights to digital content.
- Due to a technical problem with one of the proposed payment methods on the platform, the purchase transaction was not completed.
- Purchased digital content does not work properly.
- Vgswap cannot reasonably ensure that users and sellers have the full ability to perform any sales contracts entered into on the platform. Users and sellers are solely responsible for the performance of their sales contracts.
- Vgswap disclaims all warranties including guarantees of condition, fitness for purpose, quality or functionality related to the services offered on the platform and digital content sold by sellers. Vgswap is only responsible for the proper availability of the service. Sellers are solely responsible for the digital content sold through the Platform. Vgswap shall not be liable to any third party, especially with regard to the seller’s failure to perform or improperly perform the sales contract signed with the user, any misconduct of the seller, any violation of current laws by the seller or any false information, guarantee or statement submitted by the seller . If a third party makes any claim, complaint, petition, request, etc. to Vgswap in connection with any of the seller's actions described in the above text section, the seller is obliged to take full responsibility for these entities, and the seller shall bear the responsibility related thereto and shall be borne by Vgswap all and any costs incurred. In addition, if a third party brings any claim against Vgswap for any violation of any seller (especially copyright infringement), such seller shall replace Vgswap or be a third-party defendant in such proceedings.
- To the fullest extent permitted by law, all services provided by Vgswap on or through the platform are provided "as is", if available, with all defects, and Vgswap hereby expressly disclaims all warranties, including but not limited to any warranties sold by sellers The condition, quality, durability, functionality, reliability, merchantability, or fitness for any particular purpose of the content, except as otherwise required by consumer protection laws.
- Vgswap's total liability limit for sellers is 2000 RMB. The above judgment does not relieve the need to prove and record the corresponding damages claimed by the seller. Sellers must prove that they have suffered damage in order to be entitled to claim compensation from Vgswap. Any claim must be filed with Vgswap within 20 (twenty) days of the date the problem occurred. In countries where liability to consumers may be limited, the terms of the first and second sentences of this section shall apply accordingly.
- Each seller shall notify Vgswap in writing of any claim, demand or proceeding and shall fully cooperate in its defense. No seller will agree to settle any such claim, demand or proceeding prior to final judgment without the consent of Vgswap, which Vgswap may in its sole discretion decide not to agree to.
- Unless otherwise provided by applicable law, Vgswap reserves the right, in its sole discretion, to effect any setoff from funds accumulated by any seller.
- Each Seller acknowledges and agrees that Seller shall continue to be liable for all indemnity obligations under these Terms and Conditions during the term of these Terms and Conditions and after their termination or expiration for any reason. This liability is not subject to any limitation of liability that may be expressed elsewhere in these terms and conditions.
Events outside Vgswap control
- Vgswap shall not be liable for Vgswap's failure or delay in performing any of Vgswap's obligations under these terms and conditions due to events beyond Vgswap's control. Events outside of Vgswap's control are defined in Section 10.2 below.
- Events outside the control of Vgswap refer to any act or event beyond the reasonable control of Vgswap, including but not limited to strikes, lockouts or other industrial actions by third parties, civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, wars ( whether declared or not) or the threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, local legal regulations/requirements of competent authorities or other natural disasters, or failure of public or private telecommunications networks or inability to use rail, air, airplane, motor vehicle or other public or private transportation.
If events beyond the control of Vgswap occur, affecting the performance of Vgswap's obligations under these terms and conditions:
- Vgswap will contact the affected users and sellers as soon as reasonably possible to notify them.
- Vgswap's obligations under these terms and conditions will be suspended and the time to perform Vgswap's obligations will be extended during events outside of Vgswap's control.
- If a User has a complaint about Digital Content purchased under Section 6.8, they may lodge a complaint with the Seller within the Help Center function available on the Platform. In this case, Vgswap only helps initiate the complaint process and facilitates communication between the disputing parties, but does not resolve the complaint.
- If users have purchased digital content and have not viewed such content on the Vgswap platform, they can return such digital content, provided that the seller grants the user the right to return the purchased digital content. Sellers should clearly identify and indicate in their terms of sale whether they grant such rights with respect to a given digital content or a given user.
- Users and sellers can terminate their agreement with Vgswap by deleting their accounts from the platform. This can be done by submitting a request in their account system. During the pending deletion, the corresponding user or seller has the right to undelete the account.
- Due to the establishment of the credit system, users or sellers cannot create other accounts on the platform after the agreement is terminated.
- If Vgswap's security is compromised in any way, or if (user or seller) is found to be in serious violation of this agreement or the law (if Vgswap does not terminate the agreement accordingly), Vgswap may temporarily restrict or suspend access to the user's or seller's account). Enforcement of decisions set forth in this Section 12 shall not infringe consumer rights.
- Without the permission of Vgswap, users have no right to transfer their obligations, claims or rights to third parties. The user agrees that Vgswap has the right to transfer its rights and obligations arising from this agreement to a third party. Vgswap will notify such transfers on the platform.
- If any provision of these terms and conditions is held by a court or arbitral tribunal to be illegal, invalid or unenforceable, the other provisions of these terms and conditions will continue in full force and effect. Any provision of these terms and conditions which is held to be illegal, invalid or unenforceable only in part or in part, will remain in full force and effect to the extent it is not held illegal, invalid or unenforceable.
- These terms and conditions and the relationship between Vgswap and users regarding these terms and conditions (including the execution, validity, invalidity, execution and termination of these terms and conditions) are governed by and interpreted in accordance with the laws of the People's Republic of China, unless applicable as The domestic law of the consumer user provides otherwise. Any dispute, controversy or claim arising out of or in connection with these terms and conditions, their breach, termination or validity shall be finally resolved in accordance with the rules of jurisdiction in the Court of Tianfu New District, Chengdu City, Sichuan Province, People's Republic of China, unless domestic law applies There are other regulations for users who are consumers.
- Unless otherwise provided in these Terms and Conditions, any delay by Vgswap or the User in exercising any right or performing an obligation under these Terms and Conditions shall not be deemed a waiver of such right or a single or partial waiver from the performance of any obligation . The sole or partial exercise of any right does not imply that that obligation shall not be fulfilled, or that such right shall not be exercised in the future.
- All data and information stored on the platform can be used intentionally by Vgswap to realize its functions.
- The laws of different countries may prevent some users or service providers from using the corresponding services of the platform.
- If the terms and conditions are translated into other languages, and if there is a discrepancy between the Chinese version and such translation, the Chinese version shall prevail, unless otherwise specified or unless such apparent inconsistency is due to the legal requirements of a particular jurisdiction caused by the difference.