Terms and Conditions XMLGold website

Effective date May 20, 2016

Preambule

These Terms and Conditions is applicable to your use and access of the https://www.xmlgold.eu (hereinafter “XMLGold website”), which is owned and operated by DATACLUB S.A., a legal entity established under the Law of Belize with registered address at 99 Albert Street, Belize City, Belize, Central America, Registration Number: 93456

Between the user and the respective performance supplier, the Company solely acts as a mediator. Company provides the website as a platform between user and supplier. For the legal relationship between the user and the supplier the legal terms and conditions of the ordered performance supplier, which can be provided on demand, are effective.

These Terms and Conditions is a binding Agreement between you and the Company. Privacy Policy is a part of the these Terms and Conditions.

1. Prohibition

Any use or access to the website by anyone under the age of 18 is prohibited. If you are under 18, do not use or provide any information on the website or on or through any of its features, register on the website, use any of the interactive or public comment features on the website, or provide any information about yourself to us.

2. Acceptance of Terms and Conditions

You accept and agree to the changes if you continued use of the website following the posting of revised Terms and Conditions. You have to check this page periodically, so you are aware of any changes, as they are binding on you.

We kindly ask you to read attentively, conscientiously and correctly these Terms and Conditions to understand this Agreement.

By using our website, you provide your consent that you accept and agree to be bound and abide by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you must quit using the website urgently.

3. Third Parties Links

There are some third party links on the website. Company is not responsible for the terms of use or content of such third-party websites. We encourage you to be aware when you leave the website and to read the terms of use of each and every website.

4. Changes of the Terms and Conditions

We may amend these Terms and Conditions at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will provide you with 30 days prior notice by posting notice of the change on the website.

5. Service Description

Fundamental features of the Company services. Company offers services in connection with virtual goods. These services are destined for a “character” that the user operates in an virtual goods or for an virtual goods user account. Company provides the user with “virtual goods” that mainly consist of virtual valuables, with which the user can equip his character or account. Company does not offer virtual goods of which we know or have reason to believe that they were acquired by means of so-called “cheating”. Company additionally offers to conduct arranged tasks with the user’s character that lead to an increase in points in the online voucher’s account (high-skilling, high-leveling). Company takes part in the virtual goods with the user’s account or character respectively until the goals that were agreed-upon are reached. This service especially includes the carrying out of specific tasks (“quests”) such as reaching a certain number of experience points or “levels” or obtaining certain “skills.”Company does not use “cheats” to carry out these tasks.

General overview. Between the user and the Company and in return for the payment service agreement is contracted based on which Company bounds itself, to mediate the user the contractual partner (the following service provider) who is able to provide the wanted Game and VoIP assistance (item, gold, character, accounts, digital goods, account key, game time VoIP vouchers and VoIP credit transfers etc.) as fast as possible at the stipulated price. Company mediates every relevant terms and conditions with the service provider. This includes goods, kind, price, offer and acceptance of the contract, provision of the services respectively the goods. Company only works with reliable and trustworthy performance suppliers. The user is liable for the payment of the respective reward to the Company. It takes over the for the user toll-free forwarding of the, the performance supplier owing, reward. The user has to ensure, that on his side, the technical and the realities for the receiving of the game assistances are fulfilled. It is also the case of the users to keep appropriate software ready, which enables an adequate opening, editing and using of the game assistances. Are these requirements not met is this without influence on the establishing of the contract between the user and the Company.

6. Payment

The payment methods are limited to advance payment (bank transfer and various E-Currencies listed). The payment methods debit and cash on delivery are not possible. The payment on account is only possible under certain circumstances and only Company is authorized to offer this payment method. For payment on account, the payment period is 10 days. The user is only entitled to the right to offset when his counterclaim has been legally decided or is undisputed. The user can only exercise a right of retention when his counterclaim is based on the same contractual relationship.

7. Order

The offers on the website are not legally bound offers, but a noncommittal request to submit such a bound offer to enter into a mediation contract. The user gives, by submitting his order, a committal bid on entering a mediation contract, which becomes valid, if the Company accepts it. Due to the order of the user and the concerning acceptance by Company, as the case maybe by the particular performance supplier, there can be accomplished two contracts: - a mediation contract with Company; - the mediated contract with the performance supplier. The contract of the mediation of performances is accomplished by the following, the bid of the user happens as described below. The mediated contract with the performance supplier is accomplished by sending or fulfilling of the service. The mediation contract with Company is accomplished either by individual verification (e.g. email) or at the latest by sending or fulfilling of the service. The performance supplier is informed by Company about the user`s bid. The performance supplier takes the wanted service in corresponding amounts irreparable out of the system. By this booking the contract between the performance supplier and the user is accomplished. The performance supplier manifests his acceptance to the user by sending the ordered game assistance.

8. Prices

All indicated prices are final prices. Eventual costs for eventual package and forwarding are not included. Due to the permanent updating of the internet page of the Company previously made indications, concerning the prices, lose their validation. The shown price at the time of placing the bid from the user is decisive for the bill of cost. The payment can be done by credit card (Visa or MasterCards ® ), Moneybookers or per bank transfer.

9. User

User requirements. The user has to fulfill certain requirements depending on the virtual goods in order to be able to use the services of the Company. These requirements usually consist of being registered with the operating company of the virtual goods, to have an account and to virtual goods. We point out the resulting legal relations with the operating company and the connected costs. User may not:
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the website;
- decompile, reverse engineer or disassemble the website;
- link to, mirror or frame any portion of the website;
- attempt to gain unauthorized access to or impair any aspect of the website;
- assign or transfer your account to any other person or entity;
- use of the website cause nuisance, annoyance, inconvenience, or property damage;
- use the Services for unlawful purposes. Also, the user:
- may use website only for lawful purpose;
- is liable for content which she/he published on the website;
- agrees to not provide content that is violent, pornographic, unlawful, or otherwise offensive;
- is responsible for the security of his/her account;
- uses the website for his/her own risk and liability;

10. Risks for the user regarding the services

Company takes all possible precautions in order to keep the user’s account information secret and to avoid spying by a third party. The user is obliged to enhance the security by means of encrypted data transmission and changes of password after the service provision. Company is not an operator of virtual goods and therefore does not take responsibility for circumstances that lie beyond its sphere, especially regarding the accessibility or operation of the particular virtual goods after the service provision by Company. The use of services by Company can lead to the closing of the user’s account by the operator of the virtual goods or similar measures. In these cases Company does not take any liability.

11. XMLGold Exchange Rules

You agree that all information, communications, materials coming from XMLGold Exchanger- Buy, Sell and Exchange E-Currencies are unsolicited and must be kept private, confidential and protected from any disclosure. Moreover, the information, communications and materials contained herein are not to be regarded as an offer, nor a solicitation for investments in any jurisdiction which deems non-public offers or solicitations unlawful, nor to any person to whom it will be unlawful to make such offer or solicitation.

All the data giving by a member to XMLGold Exchanger- Buy, Sell and Exchange E-Currencies will be only privately used and not disclosed to any third parties. XMLGold Exchanger- Buy, Sell and Exchange E-Currencies is not responsible or liable for any loss of data.

You agree to hold all principals and members harmless of any liability. You are investing at your own risk and you agree that a past performance is not an explicit guarantee for the same future performance. You agree that all information, communications and materials you will find on this site are intended to be regarded as an informational and educational matter and not an investment advice.

We reserve the right to change the rules, commissions and rates of the program at any time and at our sole discretion without notice, especially in order to respect the integrity and security of the members' interests. You agree that it is your sole responsibility to review the current terms.

XMLGold Exchanger - Buy, Sell and Exchange E-Currencies is not responsible or liable for any damages, losses and costs resulting from any violation of the conditions and terms and/or use of our website by a member. You guarantee to XMLGold Exchanger- Buy, Sell and Exchange E-Currencies that you will not use this site in any illegal way and you agree to respect your local, national and international laws.

Don't post bad vote on Public Forums and at Gold Rating Site without contacting the administrator of our program FIRST. Maybe there was a technical problem with your transaction, so please always CLEAR the thing with the administrator.

You also agree that you have red the XMLGold Exchanger FAQ and are aware with all the questions before contacting XMLGold support, All the questions and answers in the FAQ section has the same power as the XMLGold Exchange rules in this page.

We will not tolerate SPAM or any type of UCE in this program. SPAM violators will be immediately and permanently removed from the program.

XMLGold Exchanger - Buy, Sell and Exchange E-Currencies reserves the right to accept or decline any member for membership without explanation.

If you do not agree with the above disclaimer, please do not go any further.

12. Scope of services and service reservations

Company generates the services that are agreed upon via contract according to the current status of the virtual goods concerned. Especially in cases of changes of the virtual goods by the operator,Company reserves the right to render the services divergent from the information on the website, as long as the basic service content is not affected by this. By means of service provision, Company transmits only such rights onto the user to which Company is authorized to having in regards to the immaterial and other rights of the game operator. Company is authorized to withdraw from the contract as far as it does not receive the object of services despite previous conclusion of a contract. Company will immediately inform the user regarding the failure of the delivery to us from our suppliers and will refund the already received payment promptly without delay in case of the user’s withdrawal from the contract.

13. Service time and default

The rendering of services takes place after the payment has been received on the account of Company The delivery deadline is to be gathered from the article description. The user is authorized to withdraw from the purchase if the rendering of services is not possible due to extraordinary situations. In case of a failure to comply with the delivery deadline for other reasons, the user is further authorized to set an adequate grace period in writing under penalty of refusal and to withdraw from the contract after the unsuccessful expiration of the contractual services or delivery. Company reserves the right to partial performance if this option seems beneficial for a speedy processing and is reasonable for the user.

14. Receipt of Services

The modalities for services and receipt of services by the user are adjusted to the respective circumstances of the virtual goods and are to be taken from the article description. For the provision of virtual goods, acts of cooperation by means of the contract partner might be necessary, especially regarding a virtual manner of acceptance in such a way that one of each contract party's characters meet in the virtual goods in order to exchange the virtual goods. In such a case, Company will suggest date, time and location of the meeting to the user and take the user’s wishes into consideration as far as possible. The services for “high-skilling” or “high-leveling” comply with the virtual goods’s guidelines. It requires at least the transmission of the account dates (login-name and password and further information) by the user to Company In the course of the service provision and the use of the account by Company the user is not allowed to use the account simultaneously.

15. Limitation of Liability

The liability of Company for contractual breaches of duty as well as offense is limited to criminal intent and criminal neglect. This does not apply for injuries of life, body or health of the user or claims regarding breach of cardinal obligations or compensation for damage caused by delay. In the aforementioned respect, Company is liable for any degree of fault. In no event, the Company will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the website. Company shall not be liable for any damages, liability or losses arising out of:

1) user use of the website;
2) illegal use of the website of any user.

These Terms and Conditions do not aim to limit liability or restrict your rights as a user that can not be shortened by the Applicable Law.

16. Guarantee

The guarantee takes place according to the legal provisions.
The stated prices are retail prices including the legal sales tax not including costs of delivery if applicable. The contract data consisting of the wording of the contract and the general terms and conditions are saved by Company The user can request the saved data after the conclusion of the contract from Company via Email (Email address: support@xmlgold.net) The user can furthermore print or save the contract data within the context of the order transaction via the browser’s menu navigation or via keyboard combinations (Strg p, Strg s). The contractual language is in English. Contends in other languages on this webpage are non binding translations. If the user is a merchant or has no general jurisdiction (legal domicile) within the country, Seychelles is the exclusive local jurisdiction for any disputes arising from this contractual relationship. Seychelles law applies to the exclusion of the Uniform Law on the International Sale of Goods (CISG). Should one clause of this agreement become completely or partially ineffective or loses its validity later on, the validity of the remaining regulations remains unaffected. In place of the ineffective regulation the legal specifications apply.

17. Disclaimer

The website is provided “as is” and “as available”. We disclaims all warranties and obligation not expressed in these Terms and Conditions. We do not grantee that website will be uninterrupted or without errors. You agree risk arising out of your use of the services, any risk arising out of your use of the website, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

18. Indemnity

You agree to indemnify and hold the Company harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

1) your use of the website or services obtained through your use of the website;
2) your breach or violation of any of these Terms and Conditions;
3) your violation of the rights of other users.

19. Intellectual Property

The website and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company. Company`s intellectual property is protected by international copyright, trade secret and other intellectual property or proprietary rights laws.

You must not distribute, modify, copy, reproduce, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website.

Any use of the content of the website not permitted in written form by these Terms and Condition is a breach of these Terms and Conditions and may violate copyright, trademark, patent and other laws.

20. Governing Law and Jurisdiction

You agree that any dispute arising out of or relating to the website, these Terms and Conditions, or any content posted to the website, will be governed by the laws of Republic of Seychelles.

21. Communication with the user

The communication between Company and the user is mainly done by e-mail or ticket system. The user is responsible to be reachable via e-mail or any other with Company stipulated communication way. The user has especially to make sure, that e-mails from Company can actually reach him. This also includes safety settings, e.g. spam filter and to check an eventual folder for spam.

22. Return policy

If a user did not receive a money within 30 days from the payment day and he/she is able to confirm mentioned above issue, then a user can ask to refund his/her money.You can explain the return also by the demand of withdrawal in text form, as e.g. letter, fax or e-mail. To keep the period it is enough to forward the goods or the demand of withdrawal in time. The demand of withdrawal has to be sent to the following email address: support@xmlgold.net Company mediates solely the rescission of the contract between the performance supplier and the user. The mediation contract between Company and the user expires with the in time exercise of the right of return against the performance supplier. In case of a demand of withdrawal the on both sides received benefits have to be awarded back and should the situation arise the gained advantage as well. If you are not able to return the received goods complete or in a changed form you have to give us insofar compensation. This does not apply, if the change only happened to check the object of contract. Apart from that you cannot avoid the compensation, while you do not take the object of contract into use like an owner and avoid any change of the object of contract within the revocation period. Should the user cancel his order after 14 days and Company refunds his money, so the user has to face a processing fee up to 5 USD.

23. Contacts details

If you have any questions about these Terms and Conditions or any of the issues covered in these Terms and Conditions, please contact us via e-mail support@xmlgold.net


Privacy Policy XMLGold website

Effective date May 20, 2016

Preambule

These Terms and Conditions is applicable to your use and access of the https://www.xmlgold.eu (hereinafter “XMLGold website”), which is owned and operated by DATACLUB S.A., a legal entity established under the Law of Belize with registered address at 99 Albert Street, Belize City, Belize, Central America, Registration Number: 93456

This Privacy Policy (hereinafter “Policy”) describes the ways we collect, store, use and protect your personal information. You accepted this policy when you signed up for our Service. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will provide you with 30 days prior notice by posting notice of the change on the website.

You accept and agree to the changes if you continued use of the website following the posting of revised Policy. You have to check this page periodically, so you are aware of any changes, as they are binding on you.

Throughout this policy, we use the term "Personal Information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.

This policy is a part of the Terms and Conditions of the website.

This policy indicates what information is collected when you use the website. We kindly ask you to read attentively, conscientiously and correctly this Privacy Policy to understand our policies and practices regarding your information and how we will treat it.

There are some third party links on the website. Company is not responsible for the privacy laws or content of such third­party websites. We encourage you to be aware when you leave the website and to read the privacy statements of each and every website that collects Personally Information about you. By using our website, you provide your consent that you accept and agree to be bound and abide by these Privacy Policy​. If you do not agree to be bound by this Privacy Policy, you must quit using the website urgently.

1. Personal Information Collection

1.1. When you visit the XMLGold website, we collect your IP address and standard web log information, such as your browser type and the pages you accessed on our website.
1.2 If you open an account, we collect the following types of information from you:
­ Contact information ­ your name, address, phone, email, instant messenger ID and
other similar information.
­ Financial information ­ the full bank account numbers and credit card numbers that you link to your XMLGold account.
1.3 Before permitting you to use our Service, we may require you to provide additional information we can use to verify your identity or address or manage risk, such as your date of birth, passport or other information. We may also obtain information about you from third parties such as credit bureaus and identity verification services accordingly to the Laws.
1.4. When you are using our Service, we collect information about your account transactions and we may collect information about your computer or other access device for fraud prevention purposes.
1.5 Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.

2. Cookies

2.1. When you access our website, we, or third parties companies we hire to track how our website is used, may place small data files called "cookies" on your computer.
2.2. We send a "session cookie" to your computer when you log into your account. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don't need to ask you for your password on each page. Once you logout or close your browser, this cookie expires and no longer has any effect.
2.3. We also use longer­lasting cookies for other purposes such as to display your e­mail address on our sign­in form, so that you don't need to retype the e­mail address each time you log in to your account.
2.4. We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our website. We may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes.

3. Personal Information Protection

3.1. We store and process your personal information on extremely secured dedicated servers, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable government regulations. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

4. Use of Personal Information

4.1. Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:
­ provide the services and customer support you request;
­ process transactions and send notices about your transactions;
­ resolve disputes, collect fees, and troubleshoot problems;
­ prevent potentially prohibited or illegal activities, and enforce our Terms and Conditions;
­ customize, measure, and improve our services and the content and layout of our website;
­ send you targeted marketing, service update notices, and promotional offers based on your communication preferences;
­ compare information for accuracy and verify it with third parties.

5. Sharing Information with XMLGold Users

5.1. To process your payments, we may need to share some of your personal information with the person or company that you are paying or is paying you. Your contact information, date of sign­up, the number of payments you have received from verified XMLGold users, and whether you have verified control of a bank account are provided to other XMLGold users whom you transact with through our website. Additionally, you can provide to XMLGold users any information about your account by filling in a special form My Account ­> Profile ­> Account ­> Public Information.

5.2. If you are buying goods or services and pay through XMLGold, we may also provide the seller with your address to help complete your transaction with the seller. The seller is not allowed to use this information to market their services to you unless you have agreed to it. If an attempt to pay your seller fails, or is later invalidated, we may also provide your seller with details of the unsuccessful payment. To facilitate dispute resolutions, we may provide a buyer with the seller's address so that goods can be returned to the seller.

5.3. We work with merchants to enable them to accept payments from you using XMLGold. In doing so, a merchant may share information about you with us, such as your email address, when you attempt to pay that merchant. We use this information to confirm to that merchant that you are a XMLGold user and that the merchant should enable XMLGold as a form of payment for your purchase. Also, if you request that we validate your status as a XMLGold user with a third party, we will do so. Please note that merchants you buy from and contract with have their own privacy policies, and we are not responsible for their operations, including, but not limited to, their information practices.

5.4. Regardless, we will not disclose your credit card number or bank account number to anyone you have paid or who has paid you through our service, except with your express permission or if we are required to do so to comply with a subpoena or other legal process.

6. Sharing Information with Other Parties

6.1. We may share your personal information with:
­ Members of the XMLGold Inc. corporate family ­­ to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services.
­ Service providers under contract who help with parts of our business operations; (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
­ Financial institutions that we partner with to jointly create and offer a product such as the XMLGold credit card where we share information with partner bank to determine whether you should receive pre­approved offers for the XMLGold credit card. These financial institutions may only use this information to market XMLGold­related products, unless you have given consent for other uses.
­ Credit bureaus to report account information, as permitted by law.
­ Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you meet their criteria which includes having XMLGold close your XMLGold Account due to your breach of the XMLGold Terms of Service).
­ Companies that we plan to merge with or be acquired by. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.)
­ Law enforcement, government officials, or other third parties when

a) we are compelled to do so by a subpoena, court order or similar legal procedure;
b) we need to do so to comply with law;
c) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service.

­ Other third parties with your consent or direction to do so.
6.2. XMLGold will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this policy.
6.3. If you open an XMLGold account directly on a third party website or application, any information that you enter on that website or application (and not directly on an XMLGold website) will be shared with the owner of the third party website or application.

7. ​Prohibition

7.1. Any use or access to the websites by anyone under the age of 18 is prohibited.​If you are under 18, do not use or provide any information on the website or on or through any of its features, register on the website, use any of the interactive or public comment features on the website, or provide any information about yourself to us.

7.2. In case, we research any personal information from a child under 18 without verification of parental consent, we will delete that information immediately.

8. Accessing and Changing your Personal Information

8.1. You can review and edit your personal information at any time by logging in to your account and clicking the Profile link.

9. Contact Details

If you have questions or concerns regarding this policy, you should contact us by using this web page https://www.xmlgold.eu/en/support/index

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