Reviewed on 01 Feb, 2024

TERMS OF USE

CRYSTAL FUTURE OÜ as an administrator of the Website adopts these Terms of Use that specifies User’s rights and obligations and constitute a legally binding agreement for both parties. These Terms of Use affect User’s rights and impose certain obligations while using the Website, so the User must read them carefully.

1. Terms and definition

1.1.

«Agency agreement»

Agency agreement, which concluded between the User and the gifts.tm on the conditions available at https://gifts.tm/agentagreement/. Agency agreement is the integral part of the Terms of Use.

«Bid»

User’s offer for gifts.tm to conclude the Deal of the sale or purchase the Items.

«Deal»

Sale or purchase of Items under these Terms of Use.

«Items»

Virtual goods for use within the computer games listed in the section of “Inventory” of User’s account on the website: https://steamcommunity.com.

«gifts.tm»

CRYSTAL FUTURE OÜ, a legal entity incorporated under the laws of Harju maakond, Tallinn, Kristiine linnaosa, Laki tn 14a, Reg. number: 14198230 10621, e-mail [email protected].

«Personal account»

Account maintained by the User for the purposes of trading through gifts.tm.

«Services»

Services provided by gifts.tm through the Website.

«Terms of Use»

An agreement between the User and gifts.tm available at https://gifts.tm/terms/

«User»

An individual who uses the Website under Terms of Use.

«Website»

Collection of information, texts, graphic elements, design, pictures, photo and video and other intellectual property, as well as the software in the information system available on the Internet at a domain address https://market.dota2.net/, https://market.csgo.com/, https://csgo.tm/, https://tf2.tm/, https://gifts.tm/, https://market.pubg.com/.

1.2.

These Terms of Use shall be governed by and construed in accordance with the laws of Estonia, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to applicable courts at Estonia.

2. Use of the Website

2.1.

Upon these Terms of Use gifts.tm hereby grants the User a non-exclusive, non-transferable limited license to use the Website in accordance with the terms and conditions stated below. All rights not expressly granted herein are fully reserved by gifts.tm, its advertisers and licensors.

2.2.

gifts.tm hereby also grants the User permission to use content of the Website, provided that User (1) uses it solely for personal, noncommercial use (other than trading Items featured on the Website); (2) does not modify or sell content of the Website; and (3) does not reproduce, display, publicly perform, distribute, or otherwise use the content of the Website for any public or commercial purpose, including the use of the content on any other Website.

2.3.

Through its Services, gifts.tm assists Users to find, compare, purchase, and sell Items. gifts.tm receives a fee from Users for connecting them with each other; however, gifts.tm does not provide or otherwise sell Items featured on the Website and, other than acting in its escrow capacity, gifts.tm is not acting as an agent, broker, employee, or employer of any User.

2.4.

gifts.tm is not and will not be a party to any agreement between Users regarding the purchase of any Items featured on the Website. gifts.tm has no control over, and makes no representations, regarding any qualities or characteristics of Items. gifts.tm does not warrant that any Items, prices, taxes, or descriptions are accurate, complete, or reliable. Users are responsible for paying all applicable taxes, including, but not limited to, sales and use taxes.

3. Trading process

3.1.

gifts.tm allows Users to submit Bids to purchase/sell Items through the Website. The procedure of trading process is detailed in a tutorial video available at: https://gifts.tm/how2/.

3.2.

The Deal is executed by the gifts.tm on conditions specified in the Agency Agreement.

3.3.

The User is entitled to cancel his/her Bid at any time before such Bid has been processed for the purposes of accomplishing the Deal.

3.4.

In case of purchase of Items, the Bid shall contain detailed specification of certain Items. gifts.tm executes the Deal and notifies the User in the Personal account. Upon receiving notification, the User is entitled to accept the Deal and receive Items.

3.5.

In case of sale the Items, the Bid shall contain detailed specification of the certain Items and its selling price. All other terms of the Deal are determined at the sole discretion of gifts.tm.

3.6.

Based on Bids submitted by Users gifts.tm places information under para 3.5 of Terms of Use on the Website.

3.7.

Any User has the opportunity to make Deals through the Website and respond to Bids placed by other Users under paras 3.4.-3.5. gifts.tm executes the Deal with the first responded User.

3.8.

gifts.tm effect the Deal and notify the User in the Personal account in accordance with the Bid. Upon receiving notification, the User is entitled to pass the Items to gifts.tm for further compensatory transfer the Items for the User who is first responded on the post. After the transfer of the User’s Items, gifts.tm receive funds from the Deal and transfer it to the User’s account.

4. Fees

4.1.

Upon these Terms of Use, the User agrees to pay and is responsible for all applicable charges and fees for Services. Fees of gifts.tm amounts for 5% (five percent) of the Deal.

4.2.

All fees owed by the User to the third parties (including the Financial institution) are not covered by this Terms of Use. All fees owed by gifts.tm to the third parties (including the Financial institution) related to tranferring funds to Personal account are covered by User.

4.3.

Fees that are specified in para 4.1 of Terms of Use, may be reduced by gifts.tm out of funds received to execute the Deal.

4.4.

gifts.tm provides for additional fees under the Agency agreement.

4.5.

gifts.tm withholds its fees specified in para 4.4 of Terms of Use on conditions specified in the Agency agreement.

4.5.1

All Deals concerning the acquisition of the Inventory are not subject to cancellation. Principal's funds used for concluding Deals concerning the acquisition of the Inventory are not subject to refund

4.6.

The transfer of funds to gifts.tm could be processed via:

4.6.1.

Bank transfer to gifts.tm account or by payment intermediaries which have the contracts with gifts.tm;

4.6.2.

Transfer of electronic money to the account of gifts.tm;

4.6.3.

Transfer of other monetary units to gifts.tm account of e-commerce payment services.

4.7.

gifts.tm shall provide the withdrawal of the User’s funds, within 3 (three) working days following request of the User submitted through the Website. Withdrawal of the User’s funds is provided by transfer to the User’s payment details (check available options at https://gifts.tm/checkout/). There is an 8-day limit on withdrawing money on newly entered money to counter fraud transactions.

4.8.

Upon these Terms of Use, the User agrees that:

4.8.1.

User has read and agrees to the terms of service «Yandex.Money»

4.8.2.

User agrees that the financial obligations of gifts.tm to the User is executed by crediting the appropriate amount to the User's electronic means of payment in the payment service «Yandex.Money»

4.9.

We guarantee the security of payments when you paying by credit card. The processing center complies with PCI DSS requirements for the secure processing of the payer's bank card details. We apply 3D secure technical standard created by Visa and MasterCard to further secure CNP (Card-holder Not Present) transactions over the Internet.

5. Disclaimer

5.1

gifts.tm expressly disclaim any warranty for work of Website, including duties of lack of negligence and lack of workmanlike effort.

5.2

Everything on the Website shall be regarded “as is” without any express or implied representations or warranties of non-infringement, merchantability of the Website and its fitness for a particular purpose.

5.3

gifts.tm may remove or suspend at any time and without any prior warning the services provided to Users under these Terms of Use.

6. Liability

6.1.

gifts.tm shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Website its contents or any information on the Website, or any errors or omissions therein.

6.2.

gifts.tm shall not be liable for:

6.2.1.

hardware, software or internet connection is not functioning properly;

6.2.2.

any suspension or refusal to accept payments which gifts.tm reasonably believes to be made fraudulently or without proper authorization;

6.2.3.

unforeseen circumstances preventing the proper performance despite any reasonable precautions taken by gifts.tm (power outages, fire, flood, theft, equipment breakdowns, hacking attacks, internal mechanical or systems failures as well as downtimes of the Website).

6.3.

The responsibility for payment of taxes on profits derived from trading on gifts.tm lies with the individual who has earned such profits.

7. Links to Other Websites

7.1.

The Website may contain links to third-party Internet websites, resources, advertisers, services, special offers, or other events or activities that are not owned or administered by gifts.tm. gifts.tm is not responsible for the contents of such third-party websites, materials, information or services. The access and use of such websites, materials, information or services are at User’s own risk

8. Changes, Duration and Termination

8.1.

These Terms of Use are subject to changes, amendments and modifications. By continuing to use the Website, User is considered to be bound by the amended version of these Terms of Use. In the event of change of Terms of Use, User will be sent a notice to user’s e-mail address about it. If any changes to Terms of Use are not acceptable to a User, the User’s only remedy is to cancel his/her account and stop using the Website.

8.2.

The services and the information included in the Website have an indefinite duration. gifts.tm may terminate or suspend the service or the information, posted in the Website totally or partially at any time and without prior notice.

9. Dispute Resolution

9.1.

If a dispute, disagreement or claim arises out of Terms of Use or related to its execution, termination or rescission of the Terms of Use both parties agree to try in good faith to settle any dispute, disagreement or claim through negotiation. If the claiming party is gifts.tm, it sends a message with its claim to the User. The message in question shall contain the essentials of the claim and proofs supporting the claim

9.2.

The party which has received the claim shall reply to the claiming party within 5 (five) working days upon the receipt of the claim.

9.3.

In absence of reply to the claim within 10 (ten) working days since the sending date, or if the Parties have failed to resolve the dispute, the claim shall be lodged with the appropriate court.

Reviewed on December 10, 2015

PRIVACY POLICY

gifts.tm adopts this Privacy Policy which describes how it collects and processes the information about the User collected through the Website. Please, do not use the Website if you do not agree to the Privacy Policy.

1. Terms and definition

1.1.

The following terms used in this Privacy Policy have the meanings set forth in this paragraph:

«gifts.tm»

CRYSTAL FUTURE OÜ, a legal entity incorporated under the laws of Harju maakond, Tallinn, Kristiine linnaosa, Laki tn 14a, Reg. number: 14198230.

«Personal account»

Account maintained by the User for the purposes of trading through gifts.tm.

«Personal Data»

Any data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of gifts.tm.

«Privacy Policy»

The present document.

«Processing»

Any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

«Terms of Use»

An agreement between the User and gifts.tm available at https://gifts.tm/terms/

«Traffic Data»

The information of the User’s IP addresses, domain servers, types of computers accessing the Website and types of web browsers used to access the Website.

«User»

An individual who uses the Website under Terms of Use.

«Website»

Collection of information, texts, graphic elements, design, pictures, photo and video and other intellectual property, as well as the software in the information system available on the Internet at a domain address https://gifts.tm/.

1.2.

The headings (of articles) of the Privacy Policy are for convenience only and shall not in any way affect the meaning or interpretation of the Privacy Policy.

1.3.

The Privacy Policy shall be governed and construed in accordance with the laws of gifts.tm domicile, unless otherwise expressly provided.

2. Collected Information

2.1.

A may collect the following information:

2.1.1.

Traffic Data;

2.1.2.

Personal Data;

2.2.

Traffic Data is not Personal Data, however, gifts.tm uses cookies or similar technologies that may to some extend identify the User. Cookies are small text files that enable gifts.tm to collect the information about web-browsing activities of gifts.tm such as the pages visited by the User and the time the User spent on viewing the page. The User may decline the cookies at his or her discretion in the personal settings of the web-browser.

2.3.

gifts.tm collects Personal Data that the User provides directly under the Terms of Use to perform any transactions at gifts.tm or use gifts.tm services. Personal Data may include:

2.3.1.

Contact information, such as name, home address and email address;

2.3.2.

Financial information, such as bank account numbers, bank statement, and trading information;

2.3.3.

Identity verification information, such as images of your government issued ID;

2.3.4.

Residence verification information.

3. The Purposes of Processing

3.1.

gifts.tm uses the Personal Data in order to:

3.1.1.

Process the User’s transactions;

3.1.2.

Respond to the User’s service requests and support needs;

3.1.3.

Contact you about gifts.tm ’s news, updates, promotions and new services (marketing communications). If you wish to stop receiving marketing communications from us, please contact us at [email protected] to opt-out.

3.2.

gifts.tm uses Traffic Data in order to:

3.2.1.

Understand traffic patterns and the number of visitors to the Website;

3.2.2.

Understand how the User uses and interacts with the Website;

3.2.3.

Improve the Website;

3.2.4.

Build up statistical data for auditing, research, modeling, and reporting for our advertisers and other partners;

3.2.5.

Provide the User relevant advertising and content.

4. Security and Transfer of Personal Data to Third Parties

4.1.

gifts.tm reserves the right to store the information, including Personal Data collected under para. 2.3 of the Privacy Policy, within the period up to 5 years. gifts.tm uses standard adequate security measures against loss, misuse or alteration of such information. However, gifts.tm cannot guarantee the total invulnerability of the security system from illegal actions of the third parties and the User shall not address any claim in relation to any damages caused by illegal actions of the third parties.

4.2.

The User agrees that gifts.tm may share and transfer information, including Personal Data collected under para. 2.3 of the Privacy Policy, to the third party who is contracting party with both gifts.tm and the User. This third party may have its own policies and practices of Processing. At any event gifts.tm is not responsible for such policies or practices of any third party.

4.3.

Whether gifts.tm assigns its rights to the third party or is involved in a merger or similar transfer of assets, the User grants to gifts.tm the right to the transfer the Personal Data to its assignee, acquiring company or transferee of the assets.

5. Changes to the Privacy Policy

5.1

gifts.tm reserves the right to add to, change, update, or modify the Privacy Policy. Any such change, update, or modification will be effective immediately upon posting on the Website and the User acknowledges that the ongoing use of the Website is independent and adequate consideration in support of such modification. If any modification is unacceptable, the User’s only recourse is not to use the Website.