TERMS AND CONDITIONS OF THE SITE LUNADIGITALGAMES.COM

Whereas

(i) LUNADIGITALGAMES.COM possesses and operates the Site integrating various tools and features designed to help Sellers and/or Selling Users to sell various products, especially game activation codes, by enabling them to set up their Sellers’ Stores on this website or any subpages;

(ii) this Site also allows to search for and view products offered by the Sellers’ Stores, as well as to manage purchases from Sellers’ Stores;

(iii) LUNADIGITALGAMES.COM is never a Buyer and usually not the Seller, unless otherwise indicated on the Site, thus LUNADIGITALGAMES.COM habitually does not purchase digital content from Sellers and Selling Users and does not re-sell digital content to Users;

(iv) the offers and sales performed within Sellers’ Stores are made between particular Sellers or Selling Users and Users while LUNADIGITALGAMES.COM only provides tools and technology to host, set up and operate the Sellers’ Stores, search and view products offered by the Sellers’ Stores, as well as manage the purchases made from the Sellers’ Stores, and provides certain additional services to the Users aimed at improving safety, speed and certainty of the transactions;

• this document defines legal (contractual) relations between LUNADIGITALGAMES.COM and Users and between LUNADIGITALGAMES.COM and Sellers with LUNADIGITALGAMES.COM acting as an administrator of the Site;
• this document does not define legal (contractual) relations or terms and conditions between Users and Selling Users and between Users and Sellers;
• this document does not cover the terms of use for receiving and making payments through the Site, which are provided by external payment providers in separate document (“LUNADIGITALGAMES Pay Terms and Conditions”): using their services, Users are agreeing to be bound by their terms of service, as they may be amended from time to time;
• in particular, this document does not determine conditions specific for transactions and contracts being concluded between Users and Selling Users and between Users and Sellers such as: prices, content, quality, safety and legality of game activation codes, warranty and liability with regard to selling game activation codes. LUNADIGITALGAMES.COM employs certain controls to verify if the products offered via a given Seller’s Store are compliant with these Terms and Conditions, however LUNADIGITALGAMES.COM does not verify and warrant the veracity and accuracy of data provided by Users or Seller; each Seller’s Store is responsible for all activity and content generated within the respective Seller’s Store;
• notwithstanding the above – given LUNADIGITALGAMES.COM is a commerce provider of tools and technology allowing Sellers and Selling Users to set up their Sellers’ Stores, and, merely for purposes related with care for LUNADIGITALGAMES.COM brand, and avoiding unfair practices on the SiteLUNADIGITALGAMES.COM reserves the right to establish basic set of activities prohibited on the Site as further mentioned in these Terms and Conditions.

(v) If you participate in the Goldmine program, then you agree to its terms and conditions available at this address: https://www.LUNADIGITALGAMES.com/goldmine-terms-and-conditions

 

Definitions

Account – an account kept on the Site for a User, enabling the User to use the services offered through the Site and benefit from its full functionality.

Adjustments – means any and all refunds, chargebacks, Penalties, returns, adjustments, fees, surcharges, expenses, interchange fees and similar fees and assessments, and other payments or amounts due from the Seller or Selling User and/or from LUNADIGITALGAMES.COM as a result of the Seller’s or Selling User’s breach of these Terms and Conditions, law or any Intermediate Body Scheme Rules (which are applicable to given Seller or Selling User).

consumer – means any User, who is a natural person and who acts in these Terms and Conditions for purposes, which are outside his/her trade, business, craft or profession.

Durable Medium – any instrument which enables the User or the Seller or LUNADIGITALGAMES.COM to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purpose of the information and which allows the unchanged reproduction of the information.

Electronic services - performance of the service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely transmitted, received or transmitted via telecommunications network.

Agreement on rendering Electronic services – the agreement concluded between LUNADIGITALGAMES.COM and User, Seller or Selling User by the acceptance of these Terms and Conditions.

LUNADIGITALGAMES.COM – LUNADIGITALGAMES.COM LIMITED with its registered office in Hong Kong, 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong; OR the company LUNADIGITALGAMES LLC with its registered office at 401 Ryland St, Suite 200-A Reno, Las Vegas, NV 89502, USA, depending on which of them is a party to the agreement in accordance with further provisions of these Terms and Conditions.

LUNADIGITALGAMES Balance - means a personalized electronic payment instrument where are accumulated funds (balance) by the Seller or Selling User and is used in order to make or receive payments and/or pay-outs at the Seller’s or Selling User’ discretion.

Goldmine Marketing Program or Goldmine – a partnership program defined in separate regulations, allowing Users to search for persons purchasing products and services offered through the Site and to benefit from the situation where purchase of goods or services is made by a person found in this way.

Intermediate Body - means an institution which participates in the transfer of payment between the User and the Seller’s Store due to purchase of digital products, or services offered by the relevant Seller on the Seller’s Store, in particular banks, settlement agents, entities operating payment systems, card organizations, electronic money institutions, payment service provider, or financial institution.

Intermediate Body Scheme Rules - means all current and future bylaws, rules, regulations, interpretations and other guidelines promulgated by any Intermediate Body from time to time.

Penalties - means any fine or amount (including any associated costs) which may be levied on LUNADIGITALGAMES.COM and/or the Seller’s Store by an Intermediate Body due to breach or violation of Intermediate Body Scheme Rules referred to and/or connected to a prior sales transaction.

Privacy and Cookies Policy – a set of rules regulating the processing of personal data and privacy protection policies applied against Users by LUNADIGITALGAMES.COM.Privacy and Cookies Policy constitutes a separate document.

Seller – an entrepreneur operating in any form who sells its goods or services, including digital content, to Users particularly via his/her Seller’s Store. The Seller may also purchase goods/products from other Sellers’ Stores.

Seller’s Store - a dedicated separated space within the Site, hosted by LUNADIGITALGAMES.COM, with a unique name and unique web address as a subpage in the main domain LUNADIGITALGAMES.com, operated by the Seller or the Selling User, for whom LUNADIGITALGAMES.COM provides tools and functionalities to host, create, modify and operate his/her own online dedicated store within the Site.

Selling User – a natural person, who is not an entrepreneur or who does not act as an entrepreneur when using this Site, selling via his/her Seller’s Store and being the owner of game activation codes in the digital form.

Site – a group of affiliated websites made available on the Internet from the address: www.LUNADIGITALGAMES.com, other than these available from the address: www.LUNADIGITALGAMES.com/goldmine.

Service – a service described below in point 1.9.

Terms and Conditions – these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Sellers and LUNADIGITALGAMES.COM.

User – any person buying a Product from a Seller's Store and/or who has registered on the Site.

All provisions of these Terms and Conditions concerning the User apply also to the Selling User, whereas all provisions concerning the Selling User apply only to the Selling User. The User may (but does not have to) possess the status of the Selling User at the same time. Every Selling User possesses the status of the User at the same time.

1. Applicability and Acceptance of the Terms and Conditions

1.1. The User and the Seller hereby agree to and accept these Terms and Conditions and the Privacy and Cookies Policy as a whole and without reservations. Any User willing to participate in the Goldmine Marketing Program is obliged to accept separate regulations available at the following address: www.LUNADIGITALGAMES.com/goldmine. Acceptance of these Terms and Conditions is a condition of rendering Services.

1.2. Users unable to conclude a legally binding agreement with LUNADIGITALGAMES.COM, with Selling Users or with Sellers and those who are prohibited from using the services due to the regulations of the State or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Site. The User hereby confirms that he or she is at least eighteen (18) years old (or has reached another age which in light of his or her domestic law entitles the User to conclude legally binding agreements), has full capacity to take legal actions and agrees to these Terms and Conditions. Should the User act for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – he or she hereby asserts LUNADIGITALGAMES.COM that they are authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such User is of the same effect as if they were accepted by such third party.

1.3. The Seller hereby confirms that it is an entrepreneur and accepts these Terms and Conditions. Where the Seller uses the Site for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – hereby asserts LUNADIGITALGAMES.COM that he or she is authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such Seller is of the same effect as if they were accepted by such third party. The Seller states that there are no factual or legal grounds preventing him from the conclusion of this agreement with LUNADIGITALGAMES.COM and contracts with the Users concluded through his/her Seller’s Store.

1.4. LUNADIGITALGAMES.COM reserves the right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, due to important reasons, in particular (i) a change in the scope of economic activity carried out by LUNADIGITALGAMES.COM, (ii) the need to adjust the provisions of these Terms and Conditions to the applicable law, including case law of common courts or new resolutions, decisions, recommendations or other acts issued by the authorities authorized to issue binding regulations, (iii) in order to ensure proper functioning of the Site, (iv) in order to introduce new products or services offered by LUNADIGITALGAMES.COM or to highlight new product categories introduced by the Sellers on their respective Sellers’ Stores, (v) modifying the functionality of products, services or service delivery methods due to technological considerations, (vi) and to ensure the safety and security of the Users, Sellers, Selling Users, (vii) changes in the amount of fees and commission charged by LUNADIGITALGAMES.COM due to LUNADIGITALGAMES.COM economics’ decision, or (viii) in order to preventing abuse or crime.

In this case, LUNADIGITALGAMES.COM shall inform the Users, Sellers, Selling Users of the changes, by sending them a copy of the amendments on the durable medium, (for example via e-mail) and a revised version of the Terms and Conditions, no later than fifteen (15) days prior entry into force to the planned amendments.

If the User, Seller, Selling User does not accept the providing amendments to these Terms and Conditions, he or she shall have the right to terminate the Terms and Conditions concluded with LUNADIGITALGAMES.COM before the expiry of the notice period. Such termination shall take effect within fifteen (15) days from the receipt of the notice.

Without prejudice to the above, LUNADIGITALGAMES.COM may amend these Terms and Conditions without the fifteen (15) days period referred to above, with immediate effect, if: (i) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner which does not allow it to respect the aforementioned fifteen (15) days’ notice period, (ii) has exceptionally to change these Terms and Conditions to address an unforeseen and imminent danger related to the Site’s operation, as well as defending the Site,, consumers or business users from fraud, malware, spam, data breaches or other cybersecurity risks.

1.5. In the event that the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail, unless otherwise provided or unless such apparent inconsistency arises out of a difference in legal requirements in a specific country.

1.6. Users or Sellers may conclude with LUNADIGITALGAMES.COM, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and LUNADIGITALGAMES.COM (Additional Provisions). In case of any conflict or discrepancy between the Terms and Conditions and Additional Provisions, the Additional Provisions shall prevail over the Terms and Conditions unless explicitly provided otherwise in the Additional Provisions.

1.7. When using any services or sending e-mails to LUNADIGITALGAMES.COM, the User and the Seller communicate with LUNADIGITALGAMES.COM electronically. LUNADIGITALGAMES.COM communicates with Users and Sellers by e-mail or by posting notices on the Site or through their distribution via communication channels within other services. For contractual purposes, the User and the Seller consent to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that LUNADIGITALGAMES.COM electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.

1.8. As part of the Site – within the scope of agreements concluded between the Seller and the User or between the Selling User and the User – LUNADIGITALGAMES.COM provides the Service consisting exclusively of regular transfer, caching and hosting services (specified below in letters a), b) and c)). To such extent, LUNADIGITALGAMES.COM renders the Service based on making available a computerized infrastructure to intermediate in data transmission and in the storage and sharing of data by Users and Sellers:

a) LUNADIGITALGAMES.COM, at the instruction of Seller or Selling User, enables transmission of data transferred by one recipient (User or Seller) and ensures access to the telecommunication network, except that LUNADIGITALGAMES.COM:

i. is not the initiator of the data transfer,

ii. does not choose the recipient of the data transfer,

iii. does not choose nor modify the information contained in the transfer.

Within this scope, LUNADIGITALGAMES.COM may conduct automatic and short-lasting, indirect storage of the transmitted data solely for the purpose of conducting transmission, whereas the data shall not be stored any longer than necessary in regular conditions to perform transmission.

b) LUNADIGITALGAMES.COM enables data transmission and automatic and short-lasting, indirect storage of data aimed at making their further access more rapid, except that LUNADIGITALGAMES.COM:

i. does not modify the data,

ii. uses accredited and applied IT techniques determining technical parameters for the access to and updating of data,

iii. does not disturb the use of IT techniques.

c) LUNADIGITALGAMES.COM makes available computerized system’s resources aimed at storage of data by Users and Sellers.

1.9. LUNADIGITALGAMES.COM provides Users, Sellers and Selling Users the following Electronic services where applicable:

a) tools to host, set up and operate an online store (Seller’s Store) within the Site, as well as conduct sales via the Seller’s Store,

b) digital tool for the presentation of information on products and services offered by the Sellers’ Stores, including functionality which may list, feature, or otherwise organize the display of Sellers’ Stores to potential Users in a variety of different ways,

c) the possibility of browsing the content of the Site,d) Account and its functionalities,

e) specific assistance and administration services for Sellers’ Stores (e.g., providing templates), LUNADIGITALGAMES.COM is neither a party of the agreement between the User and the Seller, nor between the Selling User and the User, nor between Sellers, nor between Selling Users,

f) presenting to Users, Sellers and Selling Users with advertising content tailored to their interestsg) newsletterh) LUNADIGITALGAMES API,

i) LUNADIGITALGAMES Pro, LUNADIGITALGAMES Price Match, LUNADIGITALGAMES Coins and LUNADIGITALGAMES GiftCard,

j) enabling viewing of content placed as part of the Site.

Under the law, LUNADIGITALGAMES.COM is required to provide the Electronic services referred to above in accordance with these Terms and Conditions and the applicable law.

1.10. Notwithstanding the provisions above, LUNADIGITALGAMES.COM also may sell to the Users its own products and services through the Site, where it is explicitly provided.

1.11. The technical requirement for the use of the Site by the User and the Seller is to possess an operational system-equipped workstation with access to the Internet and standard software necessary to view websites, including to enable support of cookies.

1.12. For the correct performance of some of the Site’s functionalities it may be necessary for the User or the Seller to enable Java, Java Script, Flash support etc.

1.13. The User having its place of residence, headquarter or place of habitual residence in the territory of Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom executes an agreement with LUNADIGITALGAMES LLC with its registered office at 401 Ryland St, Suite 200-A Reno, Las Vegas, NV 89502, USA. The Users having its place of residence, headquarter or place of habitual residence in other countries executes an agreement with LUNADIGITALGAMES.COM LIMITED with its registered office in Hong Kong, 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. If the Seller or the Selling User sells products or services to the User having its place of residence (headquarter or place of habitual residence) in the territory of Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom then the Seller/Selling User executes an agreement with LUNADIGITALGAMES LLC. If the Seller or the Selling User sells products or services to the User who is not having its place of residence (headquarter or place of habitual residence) in the territory of Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom then the Seller/Selling User executes an agreement pursuant to the Terms and Conditions with LUNADIGITALGAMES.COM LIMITED. Notwithstanding the above, services stated under clauses 6.13, 6.14, 6.15, 6.19 and 6.20 are solely provided by LUNADIGITALGAMES.COM LIMITED, with its registered office in Hong Kong, 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong.

The User, the Selling User and the Seller hereby agree on confirming or making available specific data in order to confirm their place of residence, headquarter or place of habitual residence (if in doubt about their place of residence). The aforesaid agreement relates to obligations and reporting tasks of LUNADIGITALGAMES.COM (in relation to Value Added Tax, in particular under art. 58 of Council’s Directive 2006/112/WE and the Implementing Regulations no 282/2011 and 1042/2013

1.14. The User acknowledges and confirms that he/she is aware that LUNADIGITALGAMES Balance functionalities shall be substantially limited to an User who has place of residence, headquarter or place of habitual residence in European Economic Area or Hong Kong.

1.15. The User is obliged to the prohibition on abuse of electronic means of communication and to provide the following content to LUNADIGITALGAMES.COM IT systems:
a) causing work disturbance or overloading of IT systems,
b) incompatible with universally applicable law,
c) violating third party rights, including copyright, intellectual property rights or personal rights,
d) provide unlawful content.

1.16. Minimum technical requirements necessary for cooperation with ICT system used by LUNADIGITALGAMES.COM:

a) access to e-mail

b) computer, laptop, or other device with Internet access with a minimum screen resolution 1366px x 768px and web browser with support enabled Cookies and JavaScript, one from:

• Mozilla Firefox 65 or newer
• Microsoft Edge 79 or newer
• Opera 58 or newero Safari 12 or newer
• Google Chrome 72 or newer

c) Mobile device with Internet access:

• With Android version 4.4 or newer with the application installed from Google Play: LUNADIGITALGAMES.COM – Play More. Pay Less. (https://play.google.com/store/apps/details?id=com.LUNADIGITALGAMES.marketplace)
• With iOS version 11 or newer with the application installed from Apple Store: LUNADIGITALGAMES - Games, Gift Cards and More (https://apps.apple.com/pl/app/LUNADIGITALGAMES-gry-gift-cardy-i-wi%C4%99cej/id895515193)

1.17. LUNADIGITALGAMES.COM informs in the form chosen by the User about any special risks associated with the use of an Electronic service.

1.18. LUNADIGITALGAMES.COM provides Services set forth in section 1.9 above and does not allow the Seller to provide services identical to those listed in section 1.9 above. The Seller and/or the Selling User also agrees that LUNADIGITALGAMES.COM reserves the right to provide its services to Seller’s and/or Selling User’s competitors and make no promise of exclusivity in any particular market segment.

2. Service Fees

Subject to point 2.1 below, LUNADIGITALGAMES.COM collects its commission or other possible fees (if such are due) from the prices determined by the Seller or the Selling User in relation to each transaction concluded within the Seller’s Store. All commissions and other fees which the Seller or the Selling User are obliged to pay are presented within the Seller’s Store area, e.g., during adding an item for sale on Seller’s Store.

2.1. Joining and using the Site is free of charge for the Users, unless otherwise explicitly indicated by a given Seller’s Store, or within the Site (e.g., for products directly sold to Users by LUNADIGITALGAMES.COM). LUNADIGITALGAMES.COM shall collect its commission from each sale price of a given product specified by the Seller or the Selling User. The terms and conditions for making and receiving payments and relevant charges are provided in separate documents by external payment providers, whose terms and conditions must be accepted by the User before using their services and may amend from time to time. The LUNADIGITALGAMES Pay Terms and Conditions which can be accessed via the following link: https://pay.LUNADIGITALGAMES.com/terms-and-conditions . LUNADIGITALGAMES.COM charges a fee for putting a product on sale via the Seller’s Store. The fees and commissions are specified in the “Table of fees and commissions” annexed to these Terms and Conditions.

LUNADIGITALGAMES.COM utilizes Hyperwallet payment services to deliver payments to you. Such payment services are subject to the Hyperwallet Terms of Service and the Hyperwallet Privacy Policy.

2.2. Unless stated otherwise, all LUNADIGITALGAMES.COM service fees are exclusive of VAT, and any other taxes, charges or levies applicable under any applicable law, now in force or enacted in the future, for which the Seller or the Selling User will be separately liable and no deductions for such taxes, charges or levies will be made from amounts due LUNADIGITALGAMES.COM herein. Particularly, to the amount of the commission referred to in point 2.1. LUNADIGITALGAMES.COM may add the amount of Value Added Tax valid at the place of residence, headquarter or place of habitual residence on the territory of the European Union which is connected with obligations related to Value Added Tax in conformity with Community Law, in particular with those referred to in paragraph 1.13.

The Selling User and the Seller gives his/hers consent to LUNADIGITALGAMES.COM for adding to the price referred to in point 2.1. the amount of Value Added Tax or similar tax valid at the place of residence, headquarter or place of habitual residence of the User who does not run a business activity. The aforesaid consent is connected with obligations of LUNADIGITALGAMES.COM in relation to Value Added Tax or similar taxes. In the present case, the amount of the commission collected by LUNADIGITALGAMES.COM shall be calculated on the amount of the selling price without including the amount of Value Added Tax.

2.3. The prices specified for products or services supplied by LUNADIGITALGAMES.COM – in accordance with point 2.1 above – do not form part of these Terms and Conditions and they may be subject to change before the User purchases a particular product or service. LUNADIGITALGAMES.COM reserves its right to temporarily suspend the Service Fees for promotional purposes (e.g. free bidding days) or for development of new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.

2.4. All fees for LUNADIGITALGAMES.COM services are denominated in EUR, USD, GBP or PLN. If other currencies are to be applied, changes will be communicated. The User and the Seller are solely responsible for paying fees and taxes relating to his/her use of the services available on the Site on time. The User and the Seller are particularly responsible for paying due taxes, fees or other due amounts required in connection to the agreements concluded via the Site on their own, e.g., Sellers and/or Selling Users are responsible for all applicable taxes that arise from or as a result of any activity, and/or sales on their Seller’s Store. LUNADIGITALGAMES.COM in any case is not responsible for settling above fees and taxes. If certain payment method shall fail or an invoice is overdue, LUNADIGITALGAMES.COM reserves its right to demand payment by way of other method of payment including all possible additional costs of such method. For the avoidance of doubt, all sums payable by the User and/or Seller to LUNADIGITALGAMES.COM under these Terms and Conditions shall be paid free and clear of any deductions or withholdings whatsoever. In case of any deductions or withholdings that are required by law shall be borne by the User and/or Seller and paid separately to the relevant tax authority. LUNADIGITALGAMES.COM is entitled to charge the full amount of services fees stipulated under these Terms and Conditions ignoring any such deduction or withholding that may be required.

2.5. The User and the Seller should sign in to access and use the Site and all its functionalities.

2.6. Services (or any other functionalities incorporated into the Site) can be different for different countries or regions. No guarantee is given to the effect that a service or functionality of a certain type or reach will be available for all Users. LUNADIGITALGAMES.COM may restrict, decline or create another level of access relating to the use of services (or any other functionality incorporated into the Site) for different individual Users.

2.7. LUNADIGITALGAMES.COM does not authorize delivery of products sold by the Sellers on their respective Sellers’ Stores and is not responsible for and does not authorize payments for services provided/products delivered via Sellers’ Stores. Selling Users or Sellers and Users may choose to conclude payment with various payment solutions supported by the Site, such as PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers and others or outside the Site. All the payment solutions are described within the Site and provided by external payment providers. Each Selling User or Seller, when setting up the Seller’s Store, sets his/her authorization settings, e.g., customer charges and digital product delivery. Authorization settings may be amended at any time at Selling User’s or Seller’s discretion.

2.8. Any User (or Seller) demanding settlement through one of the payment systems agrees thereby for the payment to be made through sites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, LUNADIGITALGAMES.COM shall not be liable against the Users (or Sellers) for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User/Seller shall contact the applicable operator of the payment site in accordance with that site’s terms and conditions. If the payment has not been accepted due to LUNADIGITALGAMES.COM fault, the User shall inform LUNADIGITALGAMES.COM thereof by sending an e-mail to the address: support@LUNADIGITALGAMES.com

2.9. LUNADIGITALGAMES.COM processes personal data in the scope necessary to entering into and performing Service or Sale contract such as: name, surname, correspondence address, e-mail, ID card number. Specific rules including grounds, rights relating to personal data processing are included in Privacy and Cookies Policy which constitute a separate document.

2.10. The User and the Seller assert that he/she shall pay for any products and services offered within the Site by Sellers’ Stores with use of funds coming from legal sources.

2.11. The User asserts that he/she is not a VAT taxpayer. When the User becomes or already is the VAT taxpayer, he/she is obliged to provide all the data required to issue a VAT invoice. Such an invoice may be sent to the User’s email address or delivered with other electronic means.

2.12. The Sellers/Selling Users agree and acknowledge that:

a) as the operators of their Seller’s Stores they are the seller and supplier of the products and this fact will also be clearly defined in their contractual arrangements with the Users as well as the relevant invoice, bill or sales receipt;

b) they will set the terms and conditions of the sales made to the Users;

c) they will authorize the relevant charge to the Users and the delivery of the products; and

d) they are solely responsible for all applicable taxes and any similar charges and fees that arise from or as a result of their activity performed within their Seller’ Stores, particularly paying Value Added Tax - VAT or similar tax liabilities (such as Australian Goods and Services Tax - GST) in compliance with the applicable laws.

2.13. Whenever LUNADIGITALGAMES.COM or any entity of the LUNADIGITALGAMES.COM Ecosystem provides services or digital goods to any person who is considered to be an entrepreneur, that person acknowledges and agrees to account for any GST/VAT due via the applicable Reverse Charge Mechanism (such as in Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom).

2.14. The User is aware and hereby acknowledges that placing an order connected with purchase of the digital content, especially game activation codes, from the Seller or the Selling User via his/her Seller’s Store may entail an obligation to pay provided that a will to conclude a contract and to charge the User is expressed by the Seller or the Selling User in accordance with point 6.5 below.

2.15. To any User who has made a purchase on the Seller’s Store, information may be sent randomly via e-mail that automatically one Bonus Person was assigned to him (please see Goldmine terms and conditions) together with information that conditional remuneration was therefore granted to him – indicating the remuneration amount. From this moment the User has three (3) months to decide whether to register with the Goldmine site and participate in the Goldmine Marketing Program. No registration within that period will result in the conditional remuneration being withdrawn and treated as undue because of the unfulfilled condition. In case the registration is made the remuneration defined in this section shall be paid into the technical account specified in point IV section 1 of the Goldmine terms and conditions. The provisions of this section are part of a marketing campaign valid until revoked. Revocation shall be made by striking out this section in accordance with these Terms and Conditions.

2.16. The Seller may sell pre-order products on his/her Seller’s Store. The Seller agrees and undertakes to pay a pre-order advance to LUNADIGITALGAMES.COM which constitutes the contractual protection relating to the Seller’s obligation to place products on the Seller’s Store. The amount of pre-order advance is 1% (one percent) of the value of each pre-order product which the Seller undertakes to sell to the Buying User via the Seller’s Store. Pre-order products should be placed on the Seller’s Storeby the Seller on the day before release date at 23:59 CET. The pre-order advance is fully returnable within two (2) calendar days from the abovementioned release day if the Seller places all the pre-order products to his/her Seller’s Store. The amount of pre-order advance, which should be returned to the Seller, will be proportionally reduced by the part of the pre-order advance which refers to the number of undelivered pre-order products by the Seller. The Seller may at any time change the value of the declared selling price of a given pre-order product. However, it has no impact on the amount of the aforesaid pre-order advance accrued if the Buying User has previously submitted an offer to purchase the given pre-order product.

2.17. User may buy the pre-order products through the Seller’s Store. User pays for the pre-order products on the date of the order but the product is sent to the User on the date indicated on the Seller’s Store. User acknowledges that the date of receiving of the pre-ordered product may vary. User acknowledges that the price of the pre-ordered product may vary. User acknowledges that the sale of the pre-ordered product may be revoked and in this case the price paid for the pre-ordered product is reimbursed by the Selling User.

3. Users’ accounts

3.1. In order to set up his/her account, the User is obliged to register by filling in the registration form available on the Site. During registration, the User is prompted to supply his or her current email address and username as well as to accept the Terms and Conditions and Cookies Policy. After subscription to the Site, LUNADIGITALGAMES.COM will open an account and assign a password that may then be changed by the User. If it is discovered by LUNADIGITALGAMES.COM that the User utilized an email address that was created by the User with the intent that the email address be in existence for a limited period of time (e.g. a so called disposable email address) LUNADIGITALGAMES.COM reserves the right to suspend User’s account. If a User’s account is suspended any balance on said account may be fortified. LUNADIGITALGAMES.COM may, at LUNADIGITALGAMES.COM’s sole discretion, re-activate such an account or assist in transferring funds.

The User who wants to set up his/her Seller’s Store within the Site (becoming the status of the Selling User) is obliged to provide in the registration process (or later when completing the account data) i.e. the following data: name, surname, address of residence, phone number, bank account number, VAT (or other tax) identification number, business registration number. Each User shall disclose his/her place of residence (headquarter or place of habitual residence). The Users take note and accept that LUNADIGITALGAMES.COM utilizes of tools to detect the localization of computer network device (and the connection) as regards the country of origin from which the registration is performed. In case of discrepancies between the place of residence, headquarter or place of habitual residence indicated by the User in the course of registration process and the results of verification made by LUNADIGITALGAMES.COM, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, LUNADIGITALGAMES.COM shall be entitled to refuse to set-up the Account. The User is entitled to set up only one account, unless LUNADIGITALGAMES.COM gives individual permission. For avoidance of doubt, the User will not use VPN connection during the use of Site, unless it is necessary to run a registered business.

3.2. LUNADIGITALGAMES.COM is entitled to verify the data of the User or the Seller by requesting from the User or the Seller presentation of proper documents, their copies, scans, etc. In particular, LUNADIGITALGAMES.COM may request from natural persons not being entrepreneurs, natural persons being entrepreneurs, from legal persons, as well as from organization units being the Sellers, presentation of proper documents which would confirm: the company address, being entered in the proper register, authorization to represent the natural person or organization unit, as well as to enter into obligations on his/her behalf for a person registering on the Site, VAT identification number and contact data such as phone number or email address (if any). The documents (their scans or copies) confirming the above data shall be provided within 14 days since the day, on which LUNADIGITALGAMES.COM requested providing them from a person intending to register on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site. LUNADIGITALGAMES.COM may also request proper documents (their scans or copies) after registration of the User or the Seller – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given Seller or User or result in inability of LUNADIGITALGAMES.COM to provide services to a given Seller or User, particularly resulting in blocking the possibility of operating via Seller’s Store created by a given Seller.

3.3. Following correct registration on the Site by the User he or she is provided with access to the full functionality of the Site after entering his or her login and password on the login page.

3.4. Registration on the Site by the User, Seller and/or Selling User is equivalent to the User, Seller and/or Selling User Seller having read, understood and accepted the Terms and Conditions in full, including the Privacy and Cookies Policy. Notwithstanding the above, the User, Seller and/or Selling User who has not registered on the Site is also regarded as having accepted the Terms and Conditions and the Privacy and Cookies Policy at the moment he or she chooses to use any of the functionalities of the Site.

3.5. The User, Seller and/or Selling User is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his account on the Site.

3.6. The account is made available to the User by LUNADIGITALGAMES.COM free of charge and allows him or her to use the services offered through the Site, which is possible from any place in the world via the Internet network.

3.7. In case of any violation of these Terms and Conditions and the law in force by the User, LUNADIGITALGAMES.COM reserves its right and possibility to block the User’s account.

3.8. Within the scope permitted by law, LUNADIGITALGAMES.COM reserves the possibility of temporary unavailability of the access to the Site or to accounts, which may occur due to modernization works conducted or technical problems. Where technical problems arise, LUNADIGITALGAMES.COM hereby commits to deal with them as soon as possible.

3.9. The User acknowledges that sharing their account with other people or giving access thereto to many persons other than the User’s personnel may cause irreversible damage to LUNADIGITALGAMES.COM, Sellers or other Users. The User is obliged to protect LUNADIGITALGAMES.COM and our partners against losses and damage caused by the use of their account by third parties.

3.10. Accounts are also created for the Sellers. Creating an Account is a prerequisite and necessary condition to set up a Seller’s Store. In order to set up his/her account, the Seller is obliged to register by filling in the registration form available on the Site. During registration, the Seller is obliged to provide, first and foremost: name, surname, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number as well as to accept these Terms and Conditions and Privacy and Cookies Policy. After creating an account, LUNADIGITALGAMES.COM shall provide the Seller with the password, which may later be changed by the Seller.

3.11. The Seller is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his/her account on the Site.

3.12. In case of any violation of these Terms and Conditions and the applicable laws and regulations by the Seller, LUNADIGITALGAMES.COM reserves its right to block the Seller’s account. Blocking the account is tantamount to blocking the possibility of operating through the Seller’s Store. Provisions 3.8 and 3.9 above are also applicable for the Sellers’ accounts respectively.

3.13. The User and the Seller shall neither use other Users’ and Sellers’ accounts nor make their accounts available to other Users, Sellers or third parties. The above does not apply to the Seller in terms of making his/her account available to the persons entitled to act on his/her behalf and his/her employees, who are entitled by the Seller to use the account on the Site. LUNADIGITALGAMES.COM may request from the Seller a list of persons entitled to use the account, which the Seller shall deliver within 7 days.

3.14. To the extent permitted by law, LUNADIGITALGAMES.COM assumes no responsibility against the Users and the Sellers, should they violate the provision specified in 3.13 above. The Users and the Sellers assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site, particularly within Sellers’ Stores.

3.15. The account of the Seller and the Selling User may be blocked if it is noticed that the products put on sale on his/her Seller’s Store are faulty.

3.16. The Users and the Sellers assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site.

3.17. The Sellers and/or Selling Users are responsible for setting up and operation of their Sellers’ Stores.

3.18. Any contract of sale through a given Seller’s Store is directly effected between the Seller/Selling User and the Buyer. LUNADIGITALGAMES.COM will not be responsible for any taxes, charges or any similar fees related to the operations of the Seller’s Store. Each Seller and/or Selling User must determine himself/herself whether any of these taxes, charges or fees will become due, and, if applicable, arrange for their payment. LUNADIGITALGAMES.COM strongly recommends seeking specialist advice in this respect. In particular, tax rates management tools available on the Seller’s Store should be used for ease of reference only and not as a substitute for independent tax advice.

3.19. The Sellers and/or the Selling Users may tailor the appearance of a Seller’s Store to suit their needs. LUNADIGITALGAMES.COM may add or modify certain elements in the appearance of a Seller’s Store (e.g., the footer, or headings) that refers to LUNADIGITALGAMES.COM at LUNADIGITALGAMES.COM’s discretion. LUNADIGITALGAMES.COM may modify the Seller’s Store appearance where the appearance set by the Seller’s Store operator violates these Terms and Conditions or any applicable law in a given jurisdiction. The Seller and/or the Selling User is responsible for ensuring that the name of the Seller’s Store owner (including the legal name of the company that owns a given Seller’s Store, if applicable), as well as its tax identification number (VAT ID number) is clearly visible within the Seller’s Store area or Sellers Terms and Conditions on the Seller’s Store.

3.20. The Sellers and/or the Selling Users are responsible for all activity and content such as photos, images, graphics, information, or data uploaded, generated, stored, or displayed on or in connection with their Sellers’ Stores. By uploading any materials mentioned in the preceding sentence, the Seller and/or the Selling User agrees to allow other Users to view these materials and content uploaded to the Seller’s Store (e.g. the product offer, the prices of products etc.); as well as allow LUNADIGITALGAMES.COM to store, display and use uploaded content to enable the provision of services described under these Terms and Conditions (particularly those mentioned in section 1.9 letter b).

4. General Terms and Conditions of Use

4.1. Subject to the other provisions set forth in these Terms and Conditions, LUNADIGITALGAMES.COM grants the Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services offered by LUNADIGITALGAMES.COM. This license refers strictly to the functionalities of the Site and does not concern any licenses to digital content, especially game activation codes offered via the Sellers’ Stores by Sellers or Selling Users – the licenses to digital content, especially game activation codes may be granted upon discretion of their owners or other authorized persons.

4.2. All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by LUNADIGITALGAMES.COM or their owners, licensors, suppliers, publishers or other authorized persons.

4.3. The users must not misuse the LUNADIGITALGAMES.COM services. The Users may use the LUNADIGITALGAMES.COM services only as permitted by law. Users and Sellers are not allowed to use them in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.

4.4. Any texts, graphic materials, interactive functions, logos, photographs, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users or Sellers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of LUNADIGITALGAMES.COM. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for LUNADIGITALGAMES.COM. Any trademarks, marks and trade names constitute LUNADIGITALGAMES.COM property. Without explicit consent of LUNADIGITALGAMES.COM, the User nor the Seller must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise. It is forbidden to retrieve the Site content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission of LUNADIGITALGAMES.COM. The use of any content or materials available from the Site for purposes not specified in the Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other (All Rights Reserved). These materials constitute Works within the meaning of applicable protection copyright Act. Furthermore the Works are protected under international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.

4.5. In order to protect his/her personal data, the User is obliged to read and accept the Terms and Conditions and the information Privacy and Cookies Policy concerning personal data uploaded through the Site and on the partnership websites of LUNADIGITALGAMES.COM. By using the Site, the User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy and Cookies Policy.

4.6. LUNADIGITALGAMES.COM may provide Users with access to the content, products or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else) leading to the sites of such providers. It is recommended to read the regulations of such sites, their Privacy and Cookies Policy and Terms and Conditions before starting to use such sites. The User is informed that LUNADIGITALGAMES.COM has no control of the websites owned by other providers, nor does LUNADIGITALGAMES.COM monitor such sites or is liable to Users for such websites, their content or the products or services that are available from such websites.

4.7. The User, Seller, and Selling User hereby confirm and assert that they will not engage in the following:

a) upload, create nor distribute through the Site any data violating any laws, terms of binding agreements or third parties’ rights (including any trade secrets, intellectual property rights, copyrights, personality rights or rights relating to personal data protection);

b) publish any false or misleading information, which may be detrimental to or may expose LUNADIGITALGAMES.COM or third parties to any harm;

c) impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Users’ accounts, provide false information on the sources, type and content of the data transferred through the Site, nor in any other way mislead other Users, Sellers or LUNADIGITALGAMES.COM;

d) use the Site for any other purposes than the use of services offered by LUNADIGITALGAMES.COM, other Sellers or Users;

e) circumvent or disable the Site’s security;

f) use the Site for any illegal purposes nor to violate domestic or international laws, including provisions relating to copyright, intellectual property rights and other property rights protection, as well as data protection provisions;

g) slander, defame, offend, haunt, deceive other Users of the Site, will not collect nor attempt to collect their personal data or the personal data of other persons without their consent nor threaten them;

h) attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;

i) modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;

j) in any way deliberately disturb the Site’s activity or disturb other Users or Sellers in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc.;

k) in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;

l) take any actions aimed at discovering access passwords of other Users or Sellers, including any attempts to guess the passwords;

m) transfer for remuneration nor in any other way make available for remuneration part or whole of his/her account;

n) upload on the Site any data containing any personal data of third parties;

o) in any way make other Users’, Sellers’ or Selling Users' use of the Site difficult;

p) make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources;

s) create more than one (1) account which is used by the relevant User, Seller, or Selling Users on the Site without LUNADIGITALGAMES.COM’s prior consent;

g) made settings in the User's systems that are inconsistent with the actual state of affairs or whose purpose is to deceive LUNADIGITALGAMES.COM's systems;

h) abuse the type or number of payment methods that result or may result in fraud or abuse of legal provisions and regulations of payment organizations;

4.8. By posting or publishing their own content and materials on the Seller’s Store or by distributing them in any other way to LUNADIGITALGAMES.COM or its partners, the User and the Seller, within the scope permitted by law, grants an irrevocable, permanent and free license, to use the said materials in any way and in any place by LUNADIGITALGAMES.COM. The license also covers the right to present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related to or otherwise use the User content in any way and for any purpose whatsoever that might be beneficial to the operation of LUNADIGITALGAMES.COM, currently or in the future. The User acknowledges and warrants to LUNADIGITALGAMES.COM that he/she has sufficient means and rights to ensure such license.

4.9. Whenever LUNADIGITALGAMES.COM or any entity of the LUNADIGITALGAMES.COM Ecosystem provides services or digital goods to any person who is considered to be an entrepreneur, that person acknowledges and agrees to account for any GST/VAT due via the applicable Reverse Charge Mechanism (such as in Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom).

4.10. IT IS PROHIBITED TO LIST AND SELL ON THE SELLER’S STORE ANY DIGITAL CONTENT, INCLUDING CD-KEYS, WHICH INFRINGE THE APPLICABLE LAWS, THIRD PARTY RIGHTS (IN PARTICULAR COPYRIGHTS) OR THESE TERMS AND CONDITIONS.

4.11. LUNADIGITALGAMES.COM, when providing tools and features enabling browsing the offers from various Sellers’ Stores, uses the default placement of product offers, which adjusts the order in which they are placed, taking into account the Users' preferences. Placement takes into account the following factors:

• Data about the product offer: ie. mainly compliance of the product offer description with these Terms and Conditions, the number of product offer views in different time intervals, the number of purchases made as part of a given product offer, the price of the product being the subject of the offer, using the product offer promotion option;
• Data about the Seller or Selling User: ie. mainly the number of positive and negative opinions, percentage of recommendations from Users.

4.12. The Seller and Selling User does not have access to all data available to LUNADIGITALGAMES.COM. The Seller and Selling User have free access to data related to its activities performed within his/her Seller’s Store.

LUNADIGITALGAMES.COM does not provide paid access to sales statistics on the Site. General Sales statistics on the Site are stored by LUNADIGITALGAMES.COM also after the termination of the contract with the Seller and Selling User. Each Seller/Selling User may gather his/her own sales statistics for own use and/or may maintain accounting data according to the relevant laws of his/her jurisdiction.

LUNADIGITALGAMES.COM’s access to Seller and Selling User’s personal data, the rules for this access, as well as the storage period and the rules for deleting such data are set out in Privacy and Cookies Policy.

5. Removed

6. Obligations of LUNADIGITALGAMES.COM

6.1. Under the condition of meeting the requirements specified in these Terms and Conditions by the Seller and the Selling User, LUNADIGITALGAMES.COM shall provide every Selling User and Seller with the opportunity to set up and operate his/her Seller’s Store. However, bearing in mind the LUNADIGITALGAMES.COM business principles and the care of the LUNADIGITALGAMES.COM brand, the Seller and/or the Selling User using LUNADIGITALGAMES.COM services to operate their Seller’s Store must follow all applicable guidelines established by the applicable law and could follow good practices recommended by LUNADIGITALGAMES.COM aimed at ensuring highest level of security of ecommerce transactions. The guidelines below are examples of practices that may be used by the Seller and/or the Selling User when selling via the Seller’s Store. Nevertheless, the above does not exclude the Seller’s and/or Selling User’s responsibility for operations, transactions and activity performed within his/her Seller’s Store.

6.2. Unless otherwise provided by LUNADIGITALGAMES.COM, the Seller and the Selling User may only sell on their Sellers’ Stores the products in the digital form, i.e. such products which may be downloaded by the Users to their workstations’ hard drive. Such products are not stored on material media carriers.

6.3. The Seller or the Selling User determines the price of products which he/she intends to sell on his/her Seller’s Store. Subject to point 2.1 above, LUNADIGITALGAMES.COM collects its commission or other possible fees (if such are due) from the amount of such price. The Users and the Sellers acknowledge and accept the fact that LUNADIGITALGAMES.COM may, as part of Additional Provisions mentioned in 1.6 above, set with a given Selling User or Seller commissions and fees being other from those defined in these Terms and Conditions including possible attachments.

6.4. By adding the product by the Seller or the Selling User to his/her Seller’s Store he or she authorizes LUNADIGITALGAMES.COM to present the product on the Site as an invitation to enter into agreement by Users willing to purchase the product offered by a given Seller’s Store at a price determined by this Seller’s Store. As such it does not constitute a sales offer within the meaning of the civil law. Provided that no User (or other Seller) has expressed the will to enter into agreement of buying the product, the Seller or the Selling User may change the product’s price. In case of the price change, provisions defined in 6.3 above are directly applied. The Seller and the Selling User acknowledge and accept that their offer presented within the Seller’s Store (e.g., product listings, prices and descriptions) is made public and available for all Users of the Site.

6.5. If the User (or the Seller making a purchase) expresses the will to buy a product from chosen Seller’s Store, he/she acknowledges that such Seller’s Store may be entitled to withdraw from concluding a contract of selling the product according to delivery and payment authorization preferences set by this Seller’s Store.

6.6. Moreover, the Parties mutually agree that their due payments made by the Users (or Sellers if they have purchased goods from other Sellers) may be paid by these Users (or Sellers) by means of a chosen payment channel (e.g. PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers) or outside the LUNADIGITALGAMES Ecosystem. For the avoidance of doubt, the Users are not obliged to make the payments solely via methods offered on the Site; provided however, the Users shall be responsible for ensuring that the payment has been duly and securely made, documented and all information has been communicated with the Seller or Selling User. From the funds collected on its account, LUNADIGITALGAMES.COM deducts its due commissions and fees indicated in these Terms and Conditions from the Seller and the Selling User, by making deductions from the funds, whereas the remaining part shall be transferred to the Seller’s or the Selling User’s bank account.

6.7. The commission paid by the Seller or the Selling User to LUNADIGITALGAMES.COM is non-returnable, in particular in a situation when the payment, which shall be settled in relation to these Terms and Conditions, made by the User (or other Seller) for products or services purchased from the Seller or the Selling User, would have to be returned by the Seller or the Selling User to the User (or other Seller) (e.g. as a result of the User’s complaint caused by faults of the products or services provided by the Seller or the Selling User). Due to the commission being non-returnable, the Seller and the Selling User are not entitled to claim any compensation from LUNADIGITALGAMES.COM and LUNADIGITALGAMES.COM may retain the sums of back commissions, contractual penalties and compensations costs which the Seller or the Selling User shall cover.

6.8. Notwithstanding provisions stipulated in point 6.7 above, LUNADIGITALGAMES.COM provides tools and features that enable resolution mechanisms for Sellers’ Stores and their customers – via Help Desk functionality available on the Seller’s Store – in order to clarify the reasons for demanding refund by the User. Seller may choose to use different resolution mechanisms on his/her Seller’s Store. Depending on the conclusions of such resolution, the funds shall be returned by the Seller or the Selling User or shall not be returned to the User, who may vindicate his claims against the Seller or the Selling User at court or in any other way.

6.9. Notwithstanding the above, LUNADIGITALGAMES.COM is not entitled to dispose of and manage the funds transferred by the Users/Sellers in relation to purchases of products or services from the Sellers’ Stores.

6.10. LUNADIGITALGAMES.COM provides exemplary, pre-prepared templates of descriptions of selected product categories, which may be offered by the Seller’s Store – basing on the information provided by a given Seller’s Store. Templates of the product descriptions should be used for reference only and not as a substitute for independent assessment of specific product features. The Seller and the Selling User are obliged to provide reliable and complete information needed to prepare the product descriptions, in compliance with real product features such as quality, producer or brand. LUNADIGITALGAMES.COM is obliged to prepare reliable product descriptions, corresponding to the product’s content. The product descriptions are available for every product under the tab „product details”. However, LUNADIGITALGAMES.COM assumes no responsibility for the compliance of the product description with its content, in a situation when the Seller or the Selling User misinforms LUNADIGITALGAMES.COM regarding the product, its access to a given gaming platform, etc. The Seller and the Selling User hereby entitle LUNADIGITALGAMES.COM to use the information defined here and provided by them free of charge, to prepare descriptions of products being sold, including modifications, alterations, translation of this content into other languages, etc.

6.11. LUNADIGITALGAMES.COM shall provide the Users and the Sellers with technical support in case of encountering problems with the functionality of the Site, Seller’s Store, or Account.

6.12. In case of a purchase transaction, in connection to which the payment is performed by Users by means of a credit card, an affiliate party LUNADIGITALGAMES.COM Sp.z o.o. accepts and assumes (together with the Seller) responsibility against the User. LUNADIGITALGAMES.COM Sp.z o.o. assumes responsibility against User in terms of order compliance, correct functioning of the payment and any potential legal faults, customer support functions are performed by LUNADIGITALGAMES PL. LUNADIGITALGAMES.COM Sp.z o.o. responsibility concerns solely these products, for which the User pays by means of a credit card. The responsibility described here does not constitute taking over the Seller’s responsibility by LUNADIGITALGAMES.COM Sp.z o.o. It only concerns participation in this responsibility in the scope mentioned above; which means in particular that the Seller still assumes the responsibility against the User. Participation in the responsibility does not mean that LUNADIGITALGAMES.COM Sp.z o.o. becomes the owner or co-owner of the product sold by the Seller – the Seller remains the exclusive owner and the supplier of the product being sold.

6.13 Every User who purchased access to the security membership program for buyers named LUNADIGITALGAMES Shield is entitled to receive the replacement product in case the purchased product was faulty or different from the description (the purchase option of the LUNADIGITALGAMES Shield is no longer available on the Site, however, the LUNADIGITALGAMES Shield remains active solely for Users who bought it already in the past). If such a replacement cannot be granted the User who bought the LUNADIGITALGAMES Shield shall receive a full refund for the said purchase. The User will also receive exclusive access to LUNADIGITALGAMES Price Match. The User is entitled to use the benefits under LUNADIGITALGAMES Shield only in the period when LUNADIGITALGAMES Shield is active.

LUNADIGITALGAMES Shield does not transfer responsibility for any product from the Seller or from the Selling User to LUNADIGITALGAMES.COM – it is an additional service that gives LUNADIGITALGAMES Shield Users additional protection independently from the responsibility of the Seller/Selling User for the product and ultimate responsibility for the product always lies with the Seller/Selling User. LUNADIGITALGAMES Shield does not transfer responsibility for any product from the Seller or from the Selling User to LUNADIGITALGAMES.COM.

6.14. The LUNADIGITALGAMES Shield is free of charge for one month from the purchase (“initial term”) and shall last for undefined period of time unless earlier terminated by User. After the initial term is lapsed the User shall pay to LUNADIGITALGAMES.COM the monthly subscription fee as presented on the Site during purchasing process. If the User does not want to continue the LUNADIGITALGAMES Shield membership he/she can unselect the LUNADIGITALGAMES Shield in his/hers account panel at any time. The aforesaid remuneration for the LUNADIGITALGAMES Shield will be automatically deducted from Users credit card or LUNADIGITALGAMES Balance or any other available funds and the User hereby accepts making such payment pursuant to these terms.

6.15. The User that elects to purchase a LUNADIGITALGAMES Shield, in addition to the standard benefits of LUNADIGITALGAMES Shield shall be entitled to the following benefits, subject to these Terms and Conditions:

a) reduced conversion fees for LUNADIGITALGAMES Coins;

b) free LUNADIGITALGAMES Coin transfers; and

c) Shield cashback.

The above-mentioned benefits set forth in section 6.15 shall not be granted to an User who has place of residence, headquarter or place of habitual residence in European Economic Area or Hong Kong.

6.16. LUNADIGITALGAMES.COM is entitled to make the refund in any currency at its own discretion. LUNADIGITALGAMES.COM reserves the right to refuse to issue a replacement or refund if in LUNADIGITALGAMES.COM’s sole discretion LUNADIGITALGAMES.COM detects that a User has engaged in fraud, deception or abuse of the LUNADIGITALGAMES Shield. Moreover, in the event that LUNADIGITALGAMES.COM detects a User has engaged in fraud, deceit or abuse after the issuance of a refund LUNADIGITALGAMES.COM reserves the right to reverse any refund already issued including withdrawal of any funds in said User’s LUNADIGITALGAMES Balance.

6.17. The time to process User’s refund request depends on the terms and conditions established by a given Seller’s Store, applicable law, as well as sometimes may be affected by the User’s rating and his buying history . The said rating is created by Users. For each transaction, Users can choose to rate each other by leaving a comment. Buyers can leave a positive, negative, or a neutral rating, negative or neutral rating plus a short comment. Sellers/Selling Users can leave a positive rating and a short comment.

6.18. Documentation Services and invoice issuance by the Seller

a) Removed.

b) Operating via Seller’s Store may trigger an obligation by the Seller or Selling User to document his/her sales with respective bills (referred to hereinafter as “Documentation”). LUNADIGITALGAMES.COM possesses and ensures technical resources necessary to issue Documentation in the name and on behalf of the Seller’s Store, who hereby agrees to outsource to LUNADIGITALGAMES.COM, the task of issuing Documentation concerning its sales made via the Seller’s Store.

c) The Seller and Selling User agrees to disclose and provide LUNADIGITALGAMES.COM with all information (including but not limited to personal information such as registered address, VAT registration number, full title etc.) necessary for Documentation purposes. The Seller and Selling User agree that the aforementioned information will be presented on the Documentation made available to Users making purchases from the Seller’s Store and this information will be presented on the Seller’s Store subpage.

d) LUNADIGITALGAMES.COM will, when appropriate, issue Documentation (“Documentation Service”) in the name and on behalf of the Seller or Selling User. Such Documentation will be issued and delivered to Users in a digital form. Copies of Documentation will be made available to the Seller or Selling User by electronic means. LUNADIGITALGAMES.COM shall exercise due care when performing the Documentation Service, however, LUNADIGITALGAMES.COM does not and will not guarantee Territory-wide compliance with all laws and regulations concerning the Documentation Service. As such, it is the Seller or Selling User’s sole responsibility to ensure that any and all Documentation complies with all applicable laws.

e) The Seller and Selling User agree that LUNADIGITALGAMES.COM provides Seller and Selling User with the Documentation Service “as is” and LUNADIGITALGAMES.COM makes no representations or warranties whatsoever, express or implied, whether oral or written, with respect to the Documentation Service, including but not limited to any implied warranties of accuracy or compliance.

f) The Seller and Selling User hereby agree to defend, indemnify and hold harmless LUNADIGITALGAMES.COM, its related companies, and its and their directors, officers, employees, agents and licensees, from and against any claims, allegations, suits, losses, damages, liabilities, costs, settlements and expenses (including reasonable attorneys’ fees) arising from or related to any third party claim, suit or proceeding resulting from an act or failure to act on the part of the Seller or Selling User or any of their officers or employees, that may occur during or which may arise out of the performance of the Documentation Services. This defense and indemnification obligation set forth in this section will survive termination of these Terms and Conditions.

g) In addition to any limitation stated elsewhere in these Terms and Conditions, the Seller’s or Selling User’s sole remedies for any error, defect or failure in the Documentation Service is the correction of the defect or error.

h) The User is entitled to request the Seller to issue and deliver an invoice relating to the purchase by the User of products via the Seller’s Store. Pursuant to the applicable law, the Seller is obligated to issue and deliver the requested invoice as soon as possible, however, no longer than the applicable law provides.

i) The Seller agrees and acknowledges that he/she is obligated to issue and deliver an invoice to the User due to the sale of digital products via the Seller’s Store in accordance with applicable law. The said invoice may be delivered by the Seller to the User as a result of uploading it on the Seller’s Store. The uploaded invoice shall be available to download by the User within 31 (thirty one) days from its upload on LUNADIGITALGAMES.COM servers. If the User does not receipt the invoice with aforesaid period, the invoice shall not be longer available for the User. However, the User is entitled to provide the Seller an invoice request again.

j) If the invoice uploaded on the Seller’s Store by the Seller regarding the sale of the products is covered by intellectual property rights (like image or trademark), the Seller grants LUNADIGITALGAMES.COM a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to store, host, use, distribute, modify, copy, publicly perform or display, translate, and create derivative works for that invoice.

k) The Seller acknowledges, agrees and confirms that he/she is aware that LUNADIGITALGAMES.COM shall not be responsible for issuance and delivery of the invoice due to the sale of digital products via his/her Seller’s Store in accordance with applicable law. The Seller hereby agrees to defend, indemnify and hold harmless LUNADIGITALGAMES.COM, its related companies, and its and their directors, officers, employees, agents and licensees, from and against any claims, allegations, suits, losses, damages, liabilities, costs, settlements and expenses (including reasonable attorneys’ fees) arising from or related to any third party claim, suit or proceeding resulting from an act or failure to act on the part of the Seller or any of its officers or employees, that may occur during or which may arise out due to failure or improper performance of the obligation related to issuance and delivery of an invoice to the User. The defense and indemnification obligation set forth in this section will survive termination of these Terms and Conditions.

l) The Seller is not entitled to demand from LUNADIGITALGAMES.COM any remuneration, fee or compensation due to fulfill his/her obligation related to issuance and delivery of an invoice to the User regarding the sale of products or Digital Products via his/her Seller’s Store, nor reduce of the commission charged by LUNADIGITALGAMES.COM. The Seller is aware that issuance and delivery of an invoice to the User due to the sale of products or Digital Products via his/her Seller’s Store is the User’s obligation required by applicable law.

6.19. LUNADIGITALGAMES Price Match

Removed.

a) Each User who has made a purchase covered with LUNADIGITALGAMES Shield (the “Privileged User”) can use the LUNADIGITALGAMES Price Match service (“LUNADIGITALGAMES Price Match”). LUNADIGITALGAMES Price Match does not modify the price set by the Sellers/Selling Users but is an additional service that gives the Privileged User a benefit in LUNADIGITALGAMES Coins in eligible cases.

b) LUNADIGITALGAMES Price Match entitles the Privileged User to receive a difference between the price paid for the product marked with “Lowest Price” tag (“Lowest Price”) and the price of the same product (including model, version, date of release and the whole content) offered at online shop(s) being authorized sellers of such product or at online shop with daily visitors amount exceeding five thousand (“online shop(s)”) if the Lowest Price is higher than the price offered at online shop(s), provided however that the difference the Privileged User may receive shall not be greater than 10% of the Lowest Price.

c) The Privileged User can use LUNADIGITALGAMES Price Match within 30 days from the day of purchase. In case of purchase of product(s) offered as a Pre-Order(s) LUNADIGITALGAMES Price Match can be used any time.

d) LUNADIGITALGAMES Price Match does not cover products offered by online shops within sales promotions or limited offers.

e) The price which is compared should be a net product price (i.e. without any additional fees and taxes). The price at online shop should be a regular price excluding any discounts the User is granted as the online shop user.

f) The compared prices shall be always expressed in EUR.

g) The difference between the Lowest Price and the price at online shop(s) shall be transferred to Users balance within LUNADIGITALGAMES Balance and may only be redeemed for the purchase of products within the Service and may not: be paid out, transferred to User’s bank account, transferred to any other account, resold, redeemed for fiat currency – unless required by law.

h) User confirms and accepts that terms and conditions regarding LUNADIGITALGAMES Price Match may be changed or amended at any time without notice.

6.20. Promotional Cashback

Cashback codes and Shield cashback (collectively “Promotional Cashback”) provide a User with the ability to earn Promotional Cashback in the form of LUNADIGITALGAMES Coins on each eligible purchase, as defined below, of a game-key in digital form. Cashback codes will expire and will not be usable unless they are redeemed within 30 days. User acknowledges that Promotional Cashback is provided for the whole purchase and cannot be divided into separate order of game-keys covered by aforesaid purchase. In case of any refund to the User for one or more game-keys related to a given purchase, the entire amount of Promotional Cashback granted to the User for the purchase in its entirely, shall be lost. To avoid doubt, the User is not entitled to retain any of the Promotional Cashback as per individual game-key within the said purchase that have not been subject of a refund process.

a) Eligible Purchase Requirements for Cashback code LUNADIGITALGAMES Coins

To receive LUNADIGITALGAMES Coins for using a Cashback code, a User must: input the Cashback code prior to completing a purchase; the purchase must be for an eligible game-key in digital form, paid for using User’s LUNADIGITALGAMES Balance; the game-key in digital form must be received by User; User must have a verified phone number; and finally User must elect to receive the Cashback code amount in LUNADIGITALGAMES Coins after satisfying the aforementioned eligibility criteria.

b) Eligible Purchase Requirements for Shield Cashback LUNADIGITALGAMES Coins

To receive LUNADIGITALGAMES Coins pursuant to Shield cashback, a User must: have a valid Shield membership; the purchase must be for an eligible game-key in digital form, paid for using User’s LUNADIGITALGAMES Balance; the game-key in digital form must be received by User; User must have a verified phone number; and finally User must elect to receive the Shield cashback amount in LUNADIGITALGAMES Coins after satisfying the aforementioned eligibility criteria.

All Promotional Cashback LUNADIGITALGAMES Coins are deposited in a User’s LUNADIGITALGAMES Ballance as LUNADIGITALGAMES Coins. Any Coins so deposited are subject to the rules and restrictions governing LUNADIGITALGAMES Coins. These LUNADIGITALGAMES Coins may be utilized by the User during a subsequent purchase on the Site.

Only certain products are eligible for Promotional Cashback and LUNADIGITALGAMES reserves the right in its sole discretion to unilaterally and without notice change Promotional Cashback eligible products. The Promotional Cashback rates and percentages are set by LUNADIGITALGAMES.COM and the actual Promotional Cashback percentage may vary from product to product and is subject to change by LUNADIGITALGAMES.COM . The Promotional Cashback amount is calculated from the base price established by the given Seller’s Store (that is the price exclusive of VAT, GST, sales tax or any other costs or fees that may be levied upon the product).

The maximum Shield Cashback LUNADIGITALGAMES Coin balance that any User may accumulate in any one month period is one thousand (1000) Coins and any Shield Cashback amount over said limit will not accumulate, rollover or carryforward to any subsequent months. LUNADIGITALGAMES.COM will not issue Promotional Cashback for any game-key in digital if the Promotional Cashback amount for that game-key in digital form is not at least 0,1 (one-tenth) of a LUNADIGITALGAMES Coin. The entry by a User of a Cashback code on any purchase also eligible for Shield cashback will result in only the accumulation of the Cashback code amount and not the Shield cashback amount.

Please note that Promotional Cashback is not a rebate nor a discount from the product price as each product price is set by each individual Seller’s Store but it is a promotional program created and maintained by LUNADIGITALGAMES.COM and not by any Seller’s Store. LUNADIGITALGAMES.COM reserves the right to take any action it deems appropriate, including the modification or termination of an account suspension and/or termination, of any User or Privileged User who engages in conduct that LUNADIGITALGAMES.COM determines in its sole discretion is abusive, harmful, objectionable of the Promotional Cashback or violates any of the Terms and Conditions, General Terms or the Privacy and Cookies Policy.

Promotional Cashback shall not be available to an User who has place of residence, headquarter or place of habitual residence in European Economic Area or Hong Kong.

6.21. LUNADIGITALGAMES Coins and LUNADIGITALGAMES GiftCard

a) The User is entitled to purchase LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards in order to redeem them on the Site. LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards may be used only to top up balance on the Site in order to purchase eligible digital products and/or services available there.

b) LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards will be redeemed as a whole after entering the code from LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards on the Site.

c) Each LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards, when making purchases through the Site, may have different value which depends on the currency which have been used to purchase it. It means that LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards purchased by means of EUR has not the same value as LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards purchased by means of PLN. The value of LUNADIGITALGAMES Coins is always presented on the Site.

d) LUNADIGITALGAMES Coins and LUNADIGITALGAMES GiftCards cannot be resold, transferred for value, or applied to any other account, except to the extent required by law. LUNADIGITALGAMES.COM may limit the number of LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards as an User may purchase within certain periods of time, or implement other restrictions on the receipt or use of LUNADIGITALGAMES Coins and LUNADIGITALGAMES GiftCards.

e) The balance top up upon Site by means of redemption of the LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCard, do not confer any rights to demand interest or other charges in respect of its depositing.

f) An User is not entitled to demand any claims for the reimbursement of a current nominal value of unused on LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards from LUNADIGITALGAMES.COM. LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards are not redeemable for cash or other cards, is not reloadable or refundable and cannot be resold, exchanged or transferred for value, except as required by law.

g) LUNADIGITALGAMES.COM has the right to block the redemption or use of LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards in the following cases:

• expiration of the LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards;
• the occurrence of reasonable objections to revoke LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards, in particular LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards are used in violation of applicable law;
• LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards are obtained from an illegal source or in an illegal manner;
• an User use the LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards in violation of Terms and Conditions, or applicable law.

h) LUNADIGITALGAMES.COM is not responsible if the unredeemed LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards are lost, stolen, destroyed or used without the User’s permission.

i) The redeemed balance on the Site may not be used to purchase other LUNADIGITALGAMES Coins and/or LUNADIGITALGAMES GiftCards.

j) LUNADIGITALGAMES.COM is entitled to establish redemption limitation related to due to AML/CTF policy and/or applied law.

k) LUNADIGITALGAMES Coins and LUNADIGITALGAMES GiftCard may not be redeemed by the User who has place of residence, headquarter or place of habitual residence in European Economic Area and Hong Kong.

6.22. LUNADIGITALGAMES API

a) The goods and/or services listed on the Seller’s Store may be sold on the Seller’s external online store where the LUNADIGITALGAMES API was implemented. The LUNADIGITALGAMES API is an application allows the Seller to integrate the external online store with the Seller’s Store under which the goods and/or services listed on the Site may be sold on said external online store.

b) In order to implement the LUNADIGITALGAMES API by the Seller on external online store, the Seller is obligated to complete the entire AML/CFT process and provide LUNADIGITALGAMES.COM with the store URL address. During the verification procedure LUNADIGITALGAMES.COM is entitled to ask the Seller for personal and/or register data, including but not limited to name, surname, nationality, address, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number, and ultimate beneficial owner, etc. The Seller is obligated to offer goods and/or services via the LUNADIGITALGAMES API solely through a website to which the aforesaid URL address was provided to LUNADIGITALGAMES.COM.

c) The transaction between the Seller who implemented the LUNADIGITALGAMES API and the external buyer is done when LUNADIGITALGAMES.COM receives confirmation from the bank or payment institution’s internal system that funds for sold good and/or service are duly processed and/or the cd-key related to sold good and/or service was downloaded or displayed by the Seller or external buyer.

d) Each time once the external buyer purchase a good and/or service with use of the LUNADIGITALGAMES API on the Seller’s external online store, then the Seller’s LUNADIGITALGAMES Balance is to be immediately charged by the price and other fee which shall be paid for the sold good and/or service on the Seller’s Store. The Seller who implemented the LUNADIGITALGAMES API on the external online store is required to maintain appropriate and adequate funds level on LUNADIGITALGAMES Balance to meet all external buyers demands for a good and/or service offered on the Seller’s Store and to pay LUNADIGITALGAMES.COM all and any price and fee. In the event of insufficient funds on the Seller’s LUNADIGITALGAMES Balance, the sale transaction of goods and/or services offered on the Seller’s Store may be suspended or canceled by LUNADIGITALGAMES.COM. For the avoidance of doubt, LUNADIGITALGAMES.COM is not responsible for collection of any price or fee from external buyer who purchased a good and/or service via external online store where the LUNADIGITALGAMES API was implemented – this obligation is on the Seller’s side.

e) The Seller who implemented the LUNADIGITALGAMES API on the external online store and external buyer who purchased a good and/or service on the external online store where the LUNADIGITALGAMES API was implemented are not entitled to receive cashback or LUNADIGITALGAMES Loot Points.

f) Each Seller who implemented LUNADIGITALGAMES API on the external online store is entitled to have only limited number of transaction requests per day as may be executed with use of LUNADIGITALGAMES API and as are defined accordingly in the following links: https://www.LUNADIGITALGAMES.com/integration-api/documentation/import and https://www.LUNADIGITALGAMES.com/integration-api/documentation/export. If there is a need to increase the said transaction requests number, the Seller shall to contact with LUNADIGITALGAMES.COM in this regards.

g) Each Seller is entitled to have only one account and set up only one Seller’ Store with LUNADIGITALGAMES API, unless LUNADIGITALGAMES.COM decides otherwise.

h) The LUNADIGITALGAMES API may also be implemented with the third party application which allows to list and sell goods and/or services on the Site directly form the third party application panel. Without prejudice to other sections set forth in this point 6.22, sections a) – g) above shall not be applied to LUNADIGITALGAMES API implemented in the third party application which allows to list and sell goods and/or services on the Site.

i) Each Seller who uses third party application where LUNADIGITALGAMES API was be implemented acknowledges that he acts as the administrator of personal data of the User within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) Under this obligation, the Seller authorizes LUNADIGITALGAMES.COM to share personal data of the User to third party applications where LUNADIGITALGAMES API was implemented on the terms and conditions described below:

• The Seller is the data controller of a buyer personal data, and the LUNADIGITALGAMES.COM is the data processor within the meaning of GDPR. The Seller declares that the Buyer’s personal data entrusted to LUNADIGITALGAMES.COM are being processed by it in accordance with the law.
• LUNADIGITALGAMES.COM will process the Buyer’s personal data exclusively on behalf of the Seller under these Terms and Conditions, and in accordance with the Buyer’s personal data protection regulations for the purposes and for the time required to perform these Terms and Conditions. LUNADIGITALGAMES.COM will allow only appropriately authorised persons to process Buyer’s personal data. LUNADIGITALGAMES.COM will ensure the highest confidentiality for Buyer’s personal data, including ensuring that all persons authorised to process Buyer’s personal data maintain confidentiality. LUNADIGITALGAMES.COM will use appropriate technical and organisational measures to ensure the security of entrusted Buyer’s personal data, taking into account the scope of application and methods of protection referred to in Article 32 of GDPR. LUNADIGITALGAMES.COM must, in particular, secure Buyer’s personal data against disclosure to unauthorised parties, and their removal, loss, damage or destruction.
• The Seller has the right to inspect whether LUNADIGITALGAMES.COM is securing and processing Buyer’s personal data using organisational and technical measures that ensure the compliance of the Buyer’s personal data processing with Buyer’s personal data protection regulations, in particular GDPR. The Seller’s inspection may include, in particular, the systems and procedures that the LUNADIGITALGAMES.COM has adopted. The Seller’s inspections may not take place more frequently than every year. The inspections may be carried out by the Seller or by an auditor authorised by it. For each inspection, the Seller notifies the LUNADIGITALGAMES.COM in advance, albeit with not less than 10 days’ notice of the intention to carry out an inspection. The Seller will exercise the right of inspection during the LUNADIGITALGAMES.COM’s working hours in a way that does not impede the LUNADIGITALGAMES.COM’s work.
• LUNADIGITALGAMES.COM will cooperate, including replying fully and promptly to questions from the supervisory authority, in the extent in which the questions addressed to the Seller may relate to Buyer’s personal data entrusted the LUNADIGITALGAMES.COM by the Seller. LUNADIGITALGAMES.COM will promptly inform the Seller about any breaches of data protection, not later than within 72 hours from identifying such breach, or gaining suspicion of such breach. LUNADIGITALGAMES.COM will assist the Seller in complying with the obligation to report a breach to the supervisory authority and notify the data subject about the breach, in particular by providing the Seller with detailed information regarding the breach or suspected breach and through close cooperation with the Seller.
• LUNADIGITALGAMES.COM is responsible for non-performance or improper performance of hereby this point i) up to the amount of 1000 Euro.
• LUNADIGITALGAMES.COM will assist the Seller as far as possible to comply with the obligation to respond to requests from a Buyer’s personal data in the exercise of that person’s rights set out in the provisions of Section III of GDPR and all other obligations of the Seller set out in GDPR. If a request is received from any Buyer, whose Buyer’s personal data is being processed LUNADIGITALGAMES.COM will promptly forward such request to the Seller.
• LUNADIGITALGAMES.COM will not transfer to any Buyer, whose Buyer’s personal data is being processed any information, without the prior written consent of the Seller and after agreeing the content of such information with the Seller.
• LUNADIGITALGAMES.COM will not use the services of another LUNADIGITALGAMES.COM without the prior detailed consent of the Seller expressed in writing, including in electronic form, although the processing of the Buyer’s personal data must remain within the limits, purposes and scope of the data processing.
• Consent for LUNADIGITALGAMES.COM to use the services of another LUNADIGITALGAMES.COM may be granted, only if the same data protection obligations that are set out in these Terms and Conditions are imposed on this other LUNADIGITALGAMES.COM. Nevertheless, in any case, LUNADIGITALGAMES.COM will retain full responsibility towards the Seller for the fulfilment of obligations by such other data processor.
• Buyer’s personal data will be processed only in EEA countries. The transfer of Buyer’s personal data outside the EEA is allowed only with the prior consent of the Seller expressed in writing, including in electronic form. If the Seller consents to a transfer of Buyer’s personal data outside EEA countries or to an international organisation, the transfer will take place in accordance with the specifications of Section V of GDPR.
• The Terms and Conditions regarding the point i) may be terminated by LUNADIGITALGAMES.COM with two weeks’ notice in writing.
• The transferred Buyer’s personal data will be subject to the following processing - disclosure by transmission, dissemination or otherwise making available to any entity each time indicated by the Seller. Categories of Buyer’s personal data as will be processed under this section i) of these Terms and Conditions are as follows: (i) Buyer as a physical person - first name and surname, place of residence (correspondence address), email address, phone number (ii) Buyer as a legal entity, persons operating as sole traders - company name / full name, company ID, also trading name in the case of persons operating as sole traders: VAT/ tax number, address, post code/ ZIP, city, country.

j) The Seller are obligated to promptly restrict access to a good and/or service obtained or provided via the LUNADIGITALGAMES API, if it is required by applicable laws and/or regulations.

k) LUNADIGITALGAMES.COM declares the LUNADIGITALGAMES API is the constantly evolving product and it causes that LUNADIGITALGAMES.COM is entitled to provide updates to the LUNADIGITALGAMES API from time to time to Seller. Each Seller who uses the LUNADIGITALGAMES API is obligated to instantly applied any updates released by LUNADIGITALGAMES.COM, despite of that it may bring backward incompatible changes. For the avoidance of doubt, LUNADIGITALGAMES.COM shall not at any time be obliged to provide any modifications to the LUNADIGITALGAMES API, including without limitation any updates, upgrades and/or any new version of the LUNADIGITALGAMES API.

l) The Seller who use the LUNADIGITALGAMES API are aware that LUNADIGITALGAMES.COM hereby expressly declines all warranties, including but not limited to any good or service description, warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose of the good and/or service sold by the Seller - LUNADIGITALGAMES.COM makes no warranty regarding any good and/or service that are purchased or obtained through the LUNADIGITALGAMES API.

m) Any complaints regarding the LUNADIGITALGAMES API should be reported by the Seller on the LUNADIGITALGAMES.COM’s Support Center.

n) LUNADIGITALGAMES.COM grants the Seller and a third party provider who implement the LUNADIGITALGAMES API in the application a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the LUNADIGITALGAMES API in the manner permitted by and subject always to these Terms and Conditions, without the right to modification of the LUNADIGITALGAMES API.

o) The Seller and a third party provider who implement the LUNADIGITALGAMES API in the application shall not:

• sell, resell, assign, sublicense, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis or publish the LUNADIGITALGAMES API or any part thereof in any form by any means to any third party, for monetary benefit or any other consideration;
• interfere with or disrupt the LUNADIGITALGAMES API or the servers or networks providing the LUNADIGITALGAMES API or any part thereof;
• reverse engineer or extract, or attempt to reverse engineer or extract, the source code from any LUNADIGITALGAMES API;
• change, modify, add, or remove portions of the LUNADIGITALGAMES API source code;
• provide access to the LUNADIGITALGAMES API in any unauthorized way;
• make any action which may compromising or destabilizing the LUNADIGITALGAMES API;
• transmitting any code which may cause damage of the LUNADIGITALGAMES API or any data;
• use the LUNADIGITALGAMES API in a manner which: (i) contravenes any applicable laws and regulations; or (ii) promotes or facilitates any form of material or activity which LUNADIGITALGAMES.COM deems objectionable or would subject itself to reputational risk, including, without limitation, gambling, obscenity, pornography, prostitution, drugs, crime, cruelty, violence and any other materials or activities; (iii) delete or alter any trade names, trademarks, logos, domain names and/or other attribution to LUNADIGITALGAMES.COM’s brand, which are provided due to the use of the LUNADIGITALGAMES API.

Any breach of the aforesaid requirements or restrictions shall result in immediate and automatic termination of all rights and license granted hereunder.

p) The Seller who implement the LUNADIGITALGAMES API on the external online store and a third party provider who implement the LUNADIGITALGAMES API in the application must (i) obey all applicable laws and regulations related to its business operation; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another’s computer or equipment via LUNADIGITALGAMES API; and (iv) not post, promote or transmit any unlawful, harassing, libelous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature via LUNADIGITALGAMES API.

q) The Seller who implement the LUNADIGITALGAMES API on the external online store and a third party provider who implement the LUNADIGITALGAMES API in the application may not:

• use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
• upload, post, host, or transmit unsolicited e-mail, SMS, or spam messages;
• transmit any worms or viruses or any code of a destructive nature. If the Seller who implement the LUNADIGITALGAMES API on the external online store and/or a third party provider who implement the LUNADIGITALGAMES API in the application become aware of any issues with the LUNADIGITALGAMES API that result in the improper functioning of the LUNADIGITALGAMES API, he/she is bound to inform LUNADIGITALGAMES.COM instantly in this regards. If no such notice is provided, the LUNADIGITALGAMES API cannot be held responsible for the due consequences.

r) LUNADIGITALGAMES.COM shall not be liable for any errors or delays in the LUNADIGITALGAMES API, or third party application uses the LUNADIGITALGAMES API, the external online Seller store or for any actions taken in reliance thereon. The Seller and a third party provider who implement the LUNADIGITALGAMES API in the application understand and agree to use the LUNADIGITALGAMES API his/her own discretion and risk and that he/she will be solely responsible for any damages that arise from use of the LUNADIGITALGAMES API. LUNADIGITALGAMES.COM will use commercially reasonable efforts to make the LUNADIGITALGAMES API services available with a yearly uptime percentage of at least 95% during any yearly cycle. In the event of occurrence any critical issue in the LUNADIGITALGAMES API, LUNADIGITALGAMES.COM will endeavor to remove a bug or provide a bug workaround (workaround does not mean a bug fixation, but allows to use key functionalities of the LUNADIGITALGAMES API) within 1 (one) week hereof.

s) The LUNADIGITALGAMES API is provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE LUNADIGITALGAMES API, OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH THE LUNADIGITALGAMES API. Without prejudice to the generality of the foregoing, LUNADIGITALGAMES.COM does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the LUNADIGITALGAMES API; (ii) that the use of and/or access to LUNADIGITALGAMES API will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the LUNADIGITALGAMES API will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the LUNADIGITALGAMES API will not infringe rights of third parties.

t) LUNADIGITALGAMES.COM shall in no event nor for any reason whatsoever be liable, even if LUNADIGITALGAMES.COM has been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use the LUNADIGITALGAMES API; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage linked to the LUNADIGITALGAMES API or provided through the LUNADIGITALGAMES API; (iv) any services, products, information, data, software or other material made available, obtained or downloaded from the LUNADIGITALGAMES API or from any other website or webpage linked to the LUNADIGITALGAMES API or from any other party referred by the LUNADIGITALGAMES API, or through the use of the LUNADIGITALGAMES API, or (v) your use or misuse of the LUNADIGITALGAMES API. In no event shall LUNADIGITALGAMES.COM be liable to the User, or any other party for: (i) amounts due from other users of the LUNADIGITALGAMES API in connection with the purchase of any products/services; (ii) damages arising in connection with the use of the LUNADIGITALGAMES API, by the User or other third party; and/or (iii) sales, customs and/or import or export taxes.

u) The Seller who implement the LUNADIGITALGAMES API on the external online store and a third party provider who implement the LUNADIGITALGAMES API agree to indemnify and hold LUNADIGITALGAMES.COM and its related organizations, and any of their officers, directors, agents, employees and licensors harmless from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including legal fees) arising out of or relating to use of the LUNADIGITALGAMES API. The Seller who implement the LUNADIGITALGAMES API on the external online store and a third party provider who implement the LUNADIGITALGAMES API will cooperate fully in the defense of any allegation or third-party legal proceeding. LUNADIGITALGAMES.COM reserves the right to assume the exclusive control and defense of any indemnified matter under this clause 6.22. Notwithstanding the foregoing, the total liability of LUNADIGITALGAMES.COM against the Seller who implement the LUNADIGITALGAMES API on the external online store and a third party provider who implement the LUNADIGITALGAMES API is limited to the amount of EUR 500. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained Seller who implement the LUNADIGITALGAMES API on the external online store and a third party provider who implement the LUNADIGITALGAMES API. All claims arising from the use of the LUNADIGITALGAMES API have to be raised within fourteen (14) days after the date on which a problem occurs.

v) Each Party, in its sole discretion, may terminate the agreement related to use the LUNADIGITALGAMES API with 30 (thirty) calendar days’ notice period. LUNADIGITALGAMES.COM is entitled, at its own discretion, to restrict, suspense or terminate LUNADIGITALGAMES API without termination period if LUNADIGITALGAMES.COM: (i) is subject to a legal or regulatory obligation which requires it to restrict, suspense or terminate the provision of the whole of its Services to a given Sellers in a manner which does not allow it to respect that notice period; (ii) exercises a right of termination under an imperative reason pursuant to national law; (iii) can demonstrate that the Sellers concerned has repeatedly infringed the applicable Terms and Conditions, resulting in the termination of the provision of the whole of the Services Upon termination of the agreement related to use the LUNADIGITALGAMES API for any reason whatsoever, all rights and/or licenses granted under these Terms and Conditions shall immediately cease and terminate and the Seller who implement the LUNADIGITALGAMES API on the external online store and a third party provider who implement the LUNADIGITALGAMES API shall forthwith cease the access and use of the LUNADIGITALGAMES API in any way whatsoever. Termination of the agreement related to use the LUNADIGITALGAMES API for any reason: (i) shall not affect the Sellers’s obligation to make full payment of any fees payable if such fee has not already been paid; and (ii) shall not bring to an end the Sellers’s obligations or LUNADIGITALGAMES.COM’s rights under any provisions of these Terms and Conditions which are meant to survive the termination.

w) Using LUNADIGITALGAMES.COM’s brand to be visible on the Seller's external online store such as e.g. "Powered by LUNADIGITALGAMES" label should be obligatorily consulted with account manager (if designated to the given User) or requested through tickets@LUNADIGITALGAMES.com.

6.23. Deleted

6.25. LUNADIGITALGAMES Marketplace Rating System

a) LUNADIGITALGAMES.COM makes available the LUNADIGITALGAMES Marketplace Rating System under which the User has the right to provide the Seller or Selling User with a feedback related to a product purchased on his/her Seller’s Store. Under this service, LUNADIGITALGAMES.COM offers the dispute management tool where the parties may resolve their problems concerning the transaction executed via the Seller’s Store.

b) After 30 (thirty) days of purchase of a product on the Seller’s Store, the User is entitled to give the Seller or Selling User a positive or negative rating related to foregoing transaction.

c) If the Seller or Selling User received the negative rating from the User, he is entitled to:

• start dispute with the User via the conversation module available in his/her Seller’s Store; under foregoing dispute, the Seller or Selling User is entitled to demand from the User to (i) provide him with clarification of the negative rating and/or (ii) request to its change; the change of negative rating is proceeded on the User discretion; LUNADIGITALGAMES.COM does not interfere in dispute conducted between the User and Seller or Selling User;
• provide LUNADIGITALGAMES.COM with information concerning the rating abuse incident made by the User, provided, however, that the Seller or Selling User had contacted with the User in order to resolve the dispute, and it has not been resolved properly.

d) The negative rating granted by the User to the Seller or Selling User may be one-time changed by the User, if the Seller or Selling User resolves the User’s problem with the purchased product in one of the following way:

• provide the User with a full refund for sold product; or
• provide the User with the same replaced product.

e) If the User accepts the refund or replaced product, then he will be required to change the Seller’s or Selling User’s negative rating. If the User does not response for requirement within 7 (seven) days hereof, the rating of the Seller or Selling User shall be automatically changed into neutral.

f) Providing the User with a different product by the Seller or Selling User does not grant a possibility to change negative rating related to disputed product – in that case the User is entitled to grant the Seller or Selling User with the new rating for such different product.

g) The rating abuse incident reported by the Seller or Selling User may be declined by LUNADIGITALGAMES.COM at its absolute discretion, if the negative rating being the subject of rating abuse report violates these Terms and Conditions.

h) Rejected rating abuse incident by LUNADIGITALGAMES.COM will deduct the limit of available rating abuse requests that may be reported by the Seller or Selling User on monthly basis.

i) If the User violates these Terms and Conditions, LUNADIGITALGAMES.COM reserves the rights to:

• remove or change the neutral or negative rating granted by the User without receiving a rating abuse incident request from the Seller or Selling User, or
• suspend or terminate access to LUNADIGITALGAMES.COM services offered on the Site to the User.

j) At its absolute discretion, LUNADIGITALGAMES.COM is entitled to verify and edit the comment provided by the User, Seller or Selling User within the LUNADIGITALGAMES Marketplace Rating System if:

• it is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libelous, untrue, hateful, discriminatory, obscene, inflammatory, racist, unlawful, malicious, misleading, discriminatory or which might call LUNADIGITALGAMES.COM or the Service into disrepute;
• the User acts against the Seller or Selling User by deliberately giving him/her negative ratings;
• impersonates any moderator, administrator or any staff or other persons connected with LUNADIGITALGAMES.COM;
• infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;
• includes restricted and/or password protected content or material;
• tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network and the computers of other users;
• tries to gain unauthorized access to any profiles, blogs, forums, communities, account information, bulletins, or other aspects of the Service.

6.26. LUNADIGITALGAMES Pro

a) The User is entitled to engage in LUNADIGITALGAMES Pro program which lets to participate in challenges and quests organized by LUNADIGITALGAMES.COM as well as to communicate with other Users.

b) As a part of LUNADIGITALGAMES Pro program, each User can receive different types of rewards by doing activities chosen by him/her on the LUNADIGITALGAMES Pro account. The foregoing rewards that User can receive include: avatar frames, badges, cover images, experience points, titles and LUNADIGITALGAMES Coins, LUNADIGITALGAMES Loot Points (LUNADIGITALGAMES Coins shall not be granted to the User who has place of residence, headquarter or place of habitual residence in European Economic Area or Hong Kong). The aforesaid rewards may be claimed by the User from LUNADIGITALGAMES Pro account in accordance with the rules described on the Site.

c) THE LUNADIGITALGAMES LOOT POINTS ARE GRANTED DIRECTLY TO THE USER BY LUNADIGITALGAMES.COM’S EXTERNAL PARTNER, I.E. STERLING MEDIA LIMITED WITH ITS REGISTERED OFFICE ON MARSHALL ISLANDS. BEFORE USING LUNADIGITALGAMES LOOT POINTS, THE USER IS OBLIGATED TO FAMILIAR, ACCEPT AND OBSERVE THE LUNADIGITALGAMES LOOT TERMS AND CONDITIONS. IF THE USER DOES NOT FAMILIAR, ACCEPT AND OBSERVE SAID LUNADIGITALGAMES LOOT TERMS AND CONDITIONS, HE/SHE IS NOT ENTITLED TO RECEIVE PRODUCT OFFERED UNDER THE LUNADIGITALGAMES LOOT.

d) WITHOUT PREJUDICE TO ANY OTHER RESTRICTIONS OR LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS, THE USER IS ENTITLED TO CLAIM THE LUNADIGITALGAMES LOOT POINTS AND THE LUNADIGITALGAMES COINS SOLELY WITHIN THE TIME LIMIT SPECIFIED IN THE LUNADIGITALGAMES PRO ACCOUNT. IF THE USER DOES NOT CLAIM THE LUNADIGITALGAMES LOOT POINTS OR LUNADIGITALGAMES COINS IN SPECIFIED PERIOD OF TIME, HE/SHE LOSES RIGHT TO DO SO.

e) In the event of the User makes a refund of any part of the order which is connected to rewards obtained under LUNADIGITALGAMES Pro, the rewards granted under LUNADIGITALGAMES Pro program related to that refund are to be reverted from the User’s LUNADIGITALGAMES Pro account.

f) LUNADIGITALGAMES.COM is entitled to revert any rewards obtained by the User under LUNADIGITALGAMES Pro program, if the User makes any fraud related to order having influence of gaining rewards under LUNADIGITALGAMES Pro program. For the avoidance of doubt, the entitlement set out in previous sentence does not restrict or limit LUNADIGITALGAMES.COM’s rights to protect its rights in accordance with applicable law.

g) The User may upload digital contents, including avatars, images etc. on the LUNADIGITALGAMES Pro account. The User is solely responsible for such digital content. Once the User upload digital content which is covered by intellectual property rights (like photos or videos), he/she grants LUNADIGITALGAMES.COM a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to said digital content to host and/or publicly display. The User can end such license at any time by deleting uploaded digital content via the LUNADIGITALGAMES Pro account. The User acknowledges and confirms that digital content deleted by the User - due to technical reasons - may persist for a limited period of time in backup copies (though it will not be visible to other Users). In addition, digital contents that have been deleted may continue to appear if the User have shared it with others and they have not deleted it.

h) LUNADIGITALGAMES.COM shall not be liable for any storage digital content which has been uploaded, submitted, presented or published through the Site by the User. The User warrants, acknowledges and is responsible for the fact that any digital content, including image, as to be uploaded submitted, presented or published through the Site by the User, including in the LUNADIGITALGAMES Pro account, shall fulfill the following conditions and:

• be genuine, appropriate, complete and lawful;

• not be false, deceitful or unreliable;

• not contain information that is libelous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;

• not violate these Terms and Conditions or the Privacy and Cookies Policy;

• not infringe any applicable laws, regulations, third party’s rights including copyrights, license, or intellectual property rights or promote any behavior that might infringe or violate any applicable laws or legal provisions;

• not link to any website(s) that might contain content infringing the above.

i) LUNADIGITALGAMES.COM uses reasonable skill and care in providing services under LUNADIGITALGAMES Pro to Users and in keeping a safe, secure, and error-free environment, but LUNADIGITALGAMES.COM cannot guarantee that its services under LUNADIGITALGAMES Pro will always function without disruptions, delays, or imperfections. Provided LUNADIGITALGAMES.COM have acted with reasonable skill and care, LUNADIGITALGAMES.COM does not accept responsibility for: losses not caused by LUNADIGITALGAMES.COM’s breach of these Terms and Conditions or otherwise by LUNADIGITALGAMES.COM’s acts; losses which are not reasonably foreseeable by the User and LUNADIGITALGAMES.COM at the time of entering into these Terms and Conditions. The above does not exclude or limit our liability for any other things where the law does not permit to do so.

j) If LUNADIGITALGAMES.COM determines that the User has violated these Terms and Conditions or applicable law, LUNADIGITALGAMES.COM may suspend or permanently disable access to his/her LUNADIGITALGAMES Pro account. LUNADIGITALGAMES.COM may also suspend or disable any LUNADIGITALGAMES Pro account, if LUNADIGITALGAMES.COM required to do so by law. Where appropriate, LUNADIGITALGAMES.COM will notify the User about actions regarding the LUNADIGITALGAMES Pro account the next time the User try to access it.

k) By entering the LUNADIGITALGAMES Pro program the User accepts and grants consent to use his/her personal data for the purpose of participation in the LUNADIGITALGAMES Pro program.

l) LUNADIGITALGAMES.COM declares that any images uploaded by the User on LUNADIGITALGAMES Pro account will not be a subject of technical processing which allow or confirm the unique identification of that User. LUNADIGITALGAMES.COM collects personal data, the content, communications and other information that the User provides when participate in LUNADIGITALGAMES Pro program, including when the User signs up for an account, create or share content, and message or communicate with others. This can include information in or about the content the User provides, such as a photo. LUNADIGITALGAMES.COM collects all the above in order to provide the User with services available in LUNADIGITALGAMES Pro program.

m) By uploading the User’s photo in LUNADIGITALGAMES Pro program account the User consents to process her/his personal data like image in the purpose relating to participation in LUNADIGITALGAMES Pro program, User consents to public availability of his/her image during participation in LUNADIGITALGAMES Pro program, or until the User delates her/his photo. This consent is voluntary and may be withdrawn at any time by sending a request by https://supportcenter.LUNADIGITALGAMES.com/#/tickets/add/gdprform. Withdrawal of consent, however, does not affect the legality of processing that takes place on the basis of consent prior to its withdrawal.

n) Data controller of personal data of the User is LUNADIGITALGAMES.COM Limited with its registered office in 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong.

o) The User has the right to demand to provide access to personal data, its correction, deletion, limitation on processing, or transfer, as well as the right to file a complaint with the Chairman of the Personal Data Protection Office. In order to benefit from these rights, the User should contact with https://supportcenter.LUNADIGITALGAMES.com/#/tickets/add/gdprform. Any detailed information relating to processing your personal data you will find in the Privacy and Cookies Policy.

p) When the User deletes his/her account, LUNADIGITALGAMES.COM deletes things that have been posted by him/her, such as photos and status updates, and the User will not be able to recover that information later. Information that others Users have shared about the User is not part of the User’s account and will not be deleted.

6.27. LUNADIGITALGAMES PLUS

a) The User is entitled to purchase LUNADIGITALGAMES PLUS a subscription program under which they may obtain in each month of subscription benefits which include access to:

• One (1) product key for video game as the User may receive under LUNADIGITALGAMES Loot program which may be claimed starting from 5th day of each month (00:00 UTC) and up to 4th day of next month (23:59 UTC); the unclaimed product key for video game within aforesaid period is lost;
• Top Priority Support;
• Discounts for products and/or service which are to be presented LUNADIGITALGAMES.com/plus.

The aforesaid benefits are presented on website at LUNADIGITALGAMES.com/plus.

The product key is assigned to the User’s account on an external platform that offers a video game to download.

LUNADIGITALGAMES PLUS is offered solely to the User which is a consumer. LUNADIGITALGAMES PLUS is offered by the LUNADIGITALGAMES.COM LIMITED or LUNADIGITALGAMES LLC, depending on which of them is a party to the agreement in accordance with next sentence of these Terms and Conditions. The User who purchases LUNADIGITALGAMES PLUS and having its place of residence, headquarter or place of habitual residence not in the territory of Australia, Singapore or United Kingdom executes the purchase agreement with the LUNADIGITALGAMES.COM LIMITED while the User who purchases LUNADIGITALGAMES PLUS and having its place of residence, headquarter or place of habitual residence in the territory of Australia, Singapore or United Kingdom executes the purchase agreement with LUNADIGITALGAMES LLC.

Discounts on products and/or services to which LUNADIGITALGAMES PLUS applies may be subject to limitations which include, but are not limited to, minimum and/or max purchase requirements, category/item restrictions, number, category and/or kind of products and/or services that may be purchased with discount in each month, and/or territory restrictions. The aforesaid limitations shall be always presented at LUNADIGITALGAMES.com/plus.

b) LUNADIGITALGAMES.COM represents and the User agree that all of the benefits set forth in section a) above may not be available in each month of LUNADIGITALGAMES PLUS subscription. The User agrees that in some months of LUNADIGITALGAMES PLUS subscription they will be able to obtain only part of the benefits mentioned above, which will not affect the reduction or refund of the fee paid by the User for LUNADIGITALGAMES PLUS subscription.

c) Discounts for products and/or services under LUNADIGITALGAMES PLUS are available within a limited amount and/or for limited time. The User is not entitled to get access to Discounts for products and/or services if the limited amount of offers related to them expires or have been sold.

d) The User acknowledges and agrees the products and/or services prices offered at the Site are presented on a LUNADIGITALGAMES PLUS banner is the suggested price. The final products and/or services prices offered at the Site by various Sellers’ Stores shall be displayed in the LUNADIGITALGAMES PAY checkout summary (the place where the User can choose a payment method).

e) The User may purchase LUNADIGITALGAMES PLUS for:

• limited period of time - 1 (one), 3 (three), 6 (six), 12 (twelve) months, or
• indefinite period of time – with billing period of 1 (one) or 12 (twelve) months.

To a price for the LUNADIGITALGAMES PLUS shall be added taxes. The LUNADIGITALGAMES PLUS subscription shall start once the User active it on the administration panel.

f) The price for LUNADIGITALGAMES PLUS shall be paid, in advance, by the User through a single payment or by means of recurring payment method. The single payment may be used solely to LUNADIGITALGAMES PLUS concluded for limited period of time. The recurring payment method may be used solely to LUNADIGITALGAMES PLUS concluded for indefinite period of time.

g) If the User purchased LUNADIGITALGAMES PLUS for indefinite period of time, the LUNADIGITALGAMES PLUS subscription fee shall be billed each times in advance monthly or yearly (depending on the billing period selected by the User) from the User’s bank account, PayPal, LUNADIGITALGAMES Balance account or any other payment instrument selected by the User during purchasing process, unless and until the User cancel it.

h) LUNADIGITALGAMES PLUS purchased via LUNADIGITALGAMES PAY checkout by means of recurring payment method is free of charge for initial term lasting for 7 (seven) calendar days from the date of its purchase. Thereafter, LUNADIGITALGAMES PLUS is concluded for undefined period of time with monthly billing period, unless earlier terminated by the User or LUNADIGITALGAMES.COM. AFTER THE INITIAL TERM IS LAPSED, THE USER SHALL PAY TO LUNADIGITALGAMES.COM THE FEE THAT IS ALWAYS SHOWN ON THE SITE. THE PAYMENT FOR THE SUBSCRIPTION IS CHARGED IN ADVANCE ONCE A MONTH. THE SUBSCRIPTION PRICE OF LUNADIGITALGAMES PLUS MAY VARY IN A GIVEN MONTH OF SUBSCRIPTION, HOWEVER, THE CURRENT PRICE SHALL ALWAYS BE PRESENTED ON THE SITE - SUBSCRIPTION PRICE FOR LUNADIGITALGAMES PLUS IS SUBJECT TO CHANGE. New price of the LUNADIGITALGAMES PLUS takes effect upon the start of a new month of LUNADIGITALGAMES PLUS subscription. LUNADIGITALGAMES.COM shall notify the User who has purchased the subscription of LUNADIGITALGAMES PLUS of any price changes related to subsequent month of LUNADIGITALGAMES PLUS via e-mail prior to it takes into effect. If the User does not agree upon changed price, they are entitled to cancel LUNADIGITALGAMES PLUS subscription in any time.

i) The benefits under LUNADIGITALGAMES PLUS set forth in section a) above are provided to the User who purchased it with use of recurring payment method only when LUNADIGITALGAMES.COM receives price for given month or year of LUNADIGITALGAMES PLUS subscription from the User.

j) If the User does not want to continue the subscription of LUNADIGITALGAMES PLUS concluded for indefinite period of time, they may cancel it by unselecting subscription in the account panel at any time, however, the cancellation of the subscription does not assure the right to refund of any LUNADIGITALGAMES PLUS subscription fee provided by the User to LUNADIGITALGAMES.COM before the date of receipt the cancellation by LUNADIGITALGAMES.COM. Following any cancellation of LUNADIGITALGAMES PLUS, the User may continue to have access to LUNADIGITALGAMES PLUS through the end of the User’s current billing period. LUNADIGITALGAMES.COM DOES NOT PROVIDE REFUNDS FOR ANY PARTIAL LUNADIGITALGAMES PLUS BILLING PERIODS.

k) The User is obligated to create an account on www.LUNADIGITALGAMES.com or in the mobile LUNADIGITALGAMES app (available on Google Play and App Store) in order to participate in LUNADIGITALGAMES PLUS.

l) LUNADIGITALGAMES.COM reserves the right to suspend or cancel the User’s LUNADIGITALGAMES PLUS subscription at any time if the User violates these Terms and Conditions, applicable law, and/or it is not enough funds in the User’s bank account, virtual balance or any other payment instrument selected by the User during purchasing process to charge price for the next installment of LUNADIGITALGAMES PLUS subscription. In the event of suspense or cancellation of the User’s subscription, LUNADIGITALGAMES.COM provides the User with a notice of such suspension or cancellation via User’s account or e-mail.

m) The User loses their right to access to benefits set forth in section a) at the moment of resignation from LUNADIGITALGAMES PLUS subscription by the User or suspension, cancellation of the User’s LUNADIGITALGAMES PLUS subscription by LUNADIGITALGAMES.COM.

n) LUNADIGITALGAMES.COM shall not be responsible for any services and/or products which the User may receive from an external partner (this section shall not be applied to Top Priority Support) with use of LUNADIGITALGAMES PLUS, unless the applicable law provides otherwise. The User acknowledges and accepts that under LUNADIGITALGAMES PLUS they may receive only possibility to access for benefits provided by an external partner, and LUNADIGITALGAMES.COM is not a provider of products and/or services that can be purchased from the external partner on preferential conditions due to participation in LUNADIGITALGAMES PLUS. Any responsibility related to a given benefit received by the User within participation in LUNADIGITALGAMES PLUS lies on the external partner who provides to the User with products and/or services, unless the applicable law provides otherwise.

o) The User having a place of residence, or place of habitual residence within the European Union being a consumer has the right to withdraw from the LUNADIGITALGAMES PLUS subscription within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the commencement of the provision of the LUNADIGITALGAMES PLUS subscription. To exercise the right of withdrawal, the User, who is a consumer, must inform LUNADIGITALGAMES.COM of their decision to withdraw from the agreement by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). The User may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If the User withdraws from this agreement, LUNADIGITALGAMES.COM shall reimburse to him/her all payments received from his/her, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which LUNADIGITALGAMES.COM is informed about the decision to withdraw from the agreement. LUNADIGITALGAMES.COM will carry out such reimbursement using the same means of payment as you used for the initial transaction unless the User has expressly agreed otherwise; in any event, the User, who is a consumer, will not incur any fees as a result of such reimbursement. To withdraw from the LUNADIGITALGAMES PLUS subscription, the User may send a statement of withdrawal, for example (i) via the contact form on the Site by creating a ticket in LUNADIGITALGAMES Support Center, (ii) in writing to LUNADIGITALGAMES.COM’s address, or (iii) via e-mail mail at the following address: support@LUNADIGITALGAMES.com. The User may use the form attached and the end of these Terms and Conditions. In the statement of withdrawal from the agreement, the User should enter (i) name and surname, (iii) email address, and (iv) postal address, if available. LUNADIGITALGAMES.COM shall immediately confirm to the User the receipt of the withdrawal from the agreement in feedback to him/her on a durable medium, including via e-mail.

6.28. LUNADIGITALGAMES Discount program

a) Each Seller or Selling User may take part in the LUNADIGITALGAMES Discount program. Seller and/or Selling User participating in the LUNADIGITALGAMES Discount program make available to the User discount code(s) that may be used to decrease the sale price of the goods and/or services offered within Seller’s Store.

b) LUNADIGITALGAMES Discount program allows the User to obtain a discount for goods and/or services offered within Seller’s Store. In order to use the discount code under the LUNADIGITALGAMES Discount program, the User can insert it in the dedicated place during the purchasing process.

c) Use of the discount code may be subject to the terms and conditions set by a particular Seller or the Selling User and provided in separate documents available within the Seller’s Store. For the avoidance of doubt, the User who intends to use the discount code must meet all criteria as stated in the discount offer, which includes, but are not limited to, minimum and/or maximum purchase requirements, category/item restrictions, discount reuse limitations, expiration date, territory restrictions, the value of the discount etc. Therefore, it is recommended to read the terms of the discount offer and any other regulations set by a Seller or Selling User before completing the purchasing process within the Seller’s Store.

d) The discount code under the LUNADIGITALGAMES Discount program is valid for a limited time and may be used once or more depending on the discount offer; however, it cannot be combined with any other promotion, and/or discount, unless otherwise stated on the Site, especially within the Seller’s Store area.

e) The discount code under the LUNADIGITALGAMES Discount program:

• must be used in one (1) payment for a transaction, but it may be a transaction for one (1) or more goods and/or services, for which such one (1) payment will be executed.
• cannot be combined with other discount codes in one (1) sale transaction.

f) In the event the given User violates the provisions of these Terms and Conditions, violates the law in connection with the program, and/or the User takes any actions to bypass or circumvent the provisions of a given promotion and/or security measures that have an impact on falsifying the data to collect and/or use the discount code, then Seller or Selling User may authorize LUNADIGITALGAMES.COM to:

• exclude such User from the LUNADIGITALGAMES Discount, which means that the discount code possessed by them will be cancelled and/or they will not be entitled to use any further discount code for a specified time or permanently,
• suspend, restrict, block or close such a User’s account.

g) If the User withdraws from the transaction in which he/she used a discount code on the Seller’s Store, then the Seller and/or Selling user reserves the right at his/her discretion not to return the amount which reduced the sale price by the use of the discount code, and the User is not entitled to a refund or receive a new discount code in connection with such withdrawal.

h) The discount code offered by the Seller and/or Selling User under the LUNADIGITALGAMES Discount program is not refundable, redeemable for cash, and cannot be resold, exchanged, transferred, or monetized in any way by the User unless the discount code offer’s or laws state otherwise.

i) The discount code is void if restricted or prohibited by law.

j) Each Seller or Selling User who participates in the LUNADIGITALGAMES Discount program authorizes LUNADIGITALGAMES.COM to provide administration services and to administer marketing campaigns related to the LUNADIGITALGAMES Discount program, including the provision of tools enabling sharing and use of discount code(s).

k) Each Seller or Selling User who wishes to not participate in the LUNADIGITALGAMES Discount program is entitled to resign from it at any time. To do so, such Seller or Selling User must provide LUNADIGITALGAMES.COM with their resignation in the written form delivered at the following address: LUNADIGITALGAMES.COM, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong.

7. Obligations of the Seller and the Selling User

7.1. Every Seller and every Selling User warrants and acknowledges that:

a) has the full capacity and right to accept the Terms and Conditions and the Privacy and Cookies Policy, to grant licences and authorizations and assume such obligations;

b) by accepting these Terms and Conditions and by operating his/her Seller’s Store within the Site, particularly by placing any services or products or selling it on the Seller’s Store he/she confirms and asserts that such services or products are legally purchased and/or obtained and originate from legal sources, are free from any defects (both legal and physical) and any third party rights and claims and that the Seller and the Selling User are entitled to place and sell such products or services, especially by way of copyrights possession, and that it has all the necessary licenses, rights, permits and consents to their use, distribution, posting, publication, sale etc., in particular the right to sale through the Internet, online system, as well as that the rights are not limited in any way;

c) the products and services offered through their Sellers’ Stores (a) do not violate any third party rights, including copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, nor any other ownership rights or intellectual property rights, and (b) do not slander, defame, backbite, nor insult any persons nor entities and they do not violate their rights, including privacy rights, image rights, nor any personality rights;

d) commits to use the Site and its functionalities in accordance with these Terms and Conditions, the law in force, rules of social conduct and good practices;

e) they will not engage in any activity detrimental to the good name and reputation of LUNADIGITALGAMES.COM, which may have negative effect on the Site, or the products and services sold via the Site by multiple Sellers’ Stores;

f) they will not take any actions violating the law in force, contrary to good practices, rules of social conduct nor detrimental in any way to LUNADIGITALGAMES.COM interests;g) they will not use the Site for any money laundering related activities nor for any actions providing to LUNADIGITALGAMES.COM the risk of being accused of using the Site for money laundering purposes;

h) will not use the Site to resell products which were acquired free of charge or with a discount connected with a charity event or supporting such an event;

i) will not use more than one account for selling or buying; will not use VPN connection unless it is necessary to run a registered business;j) will not list and will not sell on his/her Seller’s Store digital goods which contain or may be used to receive, directly or indirectly: (i) pornographic contents or sexually-oriented materials, (ii) gambling, lottery or betting materials, (iii) personal information, (iv) hazardous, restricted, regulated materials, (v) embargoed digital goods, (vi) currency, or (vii) any other illegal contents and services, as well as (viii) any cdkeys or digital vouchers which indirectly allow access or acquisition to the digital contents as set forth in this section (j).

7.2. The Seller and the Selling User are obliged to provide information or documents concerning their business, company or products/services at first request of LUNADIGITALGAMES.COM. Each Seller and each Selling User represents, warrants, acknowledges and takes full responsibility that:

a) the information and documents submitted during the registration process or further use of the Site are true, accurate, valid and complete; and

b) they will immediately report all changes to the documents accordingly in order to keep them true, valid and complete.

7.3. Furthermore, each Seller and each Selling User warrants, acknowledges and are responsible for the fact that the property on sale that they submit, present and publish through their Sellers’ Stores will fulfill the following conditions and:

a) will be genuine, appropriate, complete and lawful;

b) will not be false, deceitful or unreliable;

c) will not contain information that is libelous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;

d) will not violate the Password Policy, Terms and Conditions or the Privacy and Cookies Policy;

e) will not infringe any applicable laws or regulations (including but not limited to regulations regarding export control, protection of consumer rights, unfair competition or fraudulent advertising) or promote any behavior that might infringe or violate any applicable laws or legal provisions;

f) does not link, to any website(s) that might contain content infringing the above.

7.4. Furthermore, each Seller and each Selling User assumes responsibility, warrants and acknowledges that they:

a) will take all actions when visiting the Sites in accordance with applicable laws and regulations;

b) will deal with other Site Users properly and in good faith;

c) will take all actions in accordance with the Terms and Conditions, other documents and applicable additional arrangements specified within the framework of the Site;

d) will not use the Site for embezzlement or abuse of other Users (e.g. sale of stolen property, use of stolen credit/debit cards);

e) will not profess themselves as someone or whatever else or misrepresent their details or relations with someone or whatever else;

f) will not become involved in spamming or phishing (will not acquire information deceitfully);

g) will not become involved in any other unlawful activity (including crimes, torts, etc.) or encourage or persuade to commit unlawful acts;

h) will not become involved in any attempt to reproduce, use or embezzle any legally reserved LUNADIGITALGAMES.COM address directories, databases and password lists;

i) will not use any computer virus or any other destructive equipment or code to destroy, tamper, intercept or appropriate any software or hardware, data or personal information whatsoever;

j) will not attempt to compromise the integrity of data, systems or networks used by LUNADIGITALGAMES.COM and/or any other User or gain unauthorized access to such data, systems or networks;

k) will not become involved in any action that might otherwise render LUNADIGITALGAMES.COM or our partners liable, in particular these specified in section 4.7 above.

7.5. If the Seller is a business representative of a company, it warrants and certifies that as such a representative he/she possesses the necessary consents and authorizations from their principal to:

a) act as a sales representative,

b) publish the contact details necessary to conduct business,

c) a third party will be able to use this data to contact him in matters important in the context of the business activity. In addition, the Seller certifies that third parties may contact the representative without the consent of his principal.

7.6. The Seller agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to LUNADIGITALGAMES.COM customer care department for LUNADIGITALGAMES.COM to provide its services depending on whether or not the Seller has violated the Terms and Conditions and/or a complaint against the User has been filed. If failure to do so is caused by any delay, suspension or denial of access to any Service, LUNADIGITALGAMES.COM will not be obliged to extend the term of such a service or held liable for any loss or damage caused by such a delay, suspension or denial.

7.7. Each Seller and Selling User agrees and acknowledges that they are obliged to act in conformity with all the laws and regulations applicable to themselves, the transaction and the respective User.

7.8. Every User warrants and acknowledges that they:
a) accept the Terms and Conditions and the Privacy and Cookies Policy;
b) will not engage in any activity detrimental to the good name and reputation of LUNADIGITALGAMES.COM, which may have a negative effect on the Site, or the products and services sold via the Site;
c) will not take any actions violating the law in force, contrary to goods practices, rules of social conduct nor detrimental in any way to LUNADIGITALGAMES.COM interests;
d) will not use the Site for any money laundering related activities nor for any actions which cause LUNADIGITALGAMES.COM to run the risk of being accused of using the Site for money laundering purposes;
e) will not use more than one account for buying; will not use VPN connection unless it is necessary to run a registered business.

7.9. The Seller is solely responsible to provide the User being a consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the contract as well as fulfill other documentary obligations resulting from any applicable law.

7.10. Post sale-process and conversations with the Sellers and Selling Users. Every Seller and Selling User warrants and acknowledges that they:

a) will use the conversation module available in the Seller’s Store to resolve all post-sale issues, including all cases involving payment reversals;

b) will observe the rules of due diligence in the conversations; i.e. will respond in the conversations and will not postpone the resolution of the reported issues beyond actual investigation time;

c) will use the conversations tool in good faith, i.e. the Seller and Selling User actively trying to resolve the issues reported by the User, and the User assisting the Seller and the Selling User by providing necessary and proper information;

d) will not post, promote or transmit any unlawful, harassing, libelous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature via conversation module;e) will not mislead or post false information in the conversations;

f) will not cite LUNADIGITALGAMES.COM as the party responsible for resolving post-sales issues, other than in the case of malfunction of the services provision of which is LUNADIGITALGAMES.COM responsibility under these Terms and Conditions.

7.11. LUNADIGITALGAMES.COM reserves the right to take actions against any party that would be found in breach of terms set forth in section 7.10 above, up to, and including restricting services provided by us to such a party. For the avoidance of doubt, LUNADIGITALGAMES.COM is not responsible for the contents of the conversations between Sellers, Selling Users and the Users.

8. Liability

8.1. Within the scope permitted by law, LUNADIGITALGAMES.COM’s liability shall be excluded in relation to:

a) any damages resulting from the use of the Site, accessing it or the inability to use the Site by the Seller or the User due to reasons beyond LUNADIGITALGAMES.COM control;

b) any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that LUNADIGITALGAMES.COM is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;

c) implications of any access data or private information being accessed by any third party in an unauthorized manner, if it occurs due to reasons related to the User, in particular by reason of the User making his password available to third party;

d) any actions taken by LUNADIGITALGAMES.COM in relation to the User or the Seller linked to any their infringement of the law in force or Terms and Conditions, particularly such as account blockade or stopping access to the Site, limitation of possibilities to use specific services of functions within the Site;

e) infringing the law in force or any third party rights by Sellers and/or Selling Users, in particular in relation to any damages caused to third parties by Sellers as a result of violating copyrights, industrial property rights, etc., in particular for any demands in relation to the transmission, distribution, publication, offering, presentation of data to which the Seller or/and the Selling User does not have copyrights or any other required titles;

f) any actions and results thereof related to any violation by the User or Seller of these Terms and Conditions or to submission by the Seller or the User of false data or submission of false or untrue statements and assurances, mentioned in these Terms and Conditions;

g) any actions based on collection of personal data by the Seller or the User in a manner contrary to the law in force, or their processing, in particular transfers of other Users personal data to unauthorized persons;

h) any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of LUNADIGITALGAMES.COM from any disputes between Users);

i) any harm, damages, claims, compensation, non-pecuniary damages, physical and legal defects of products and services sold through the Seller’s Store by Sellers against Users or other Sellers – owing to the fact that within such scope, LUNADIGITALGAMES.COM is not a party of such legal relationships.

8.2. LUNADIGITALGAMES.COM shall not in particular bear any responsibility against any third parties related in particular to nonperformance or improper performance by the Seller of his agreement with the User (or other Seller), or to any delict committed by the Seller, any infringement by the Seller of the law in force or related to any false information, assurances or statements submitted by the Seller. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to LUNADIGITALGAMES.COM, related to Sellers' behavior specified in section 8.1. above, the Seller is obliged to take full responsibility against these entities, which means in particular that the Sellers shall bear all and any costs related thereto and borne by LUNADIGITALGAMES.COM or to which LUNADIGITALGAMES.COM will be forced through any kind of commitment, including where legal advice will be sought or any fees, damages, fines, penalties, notice charges, charges related to personal presence at court or in front of any authority and public administration body, correspondence costs and any other possible charges, fees, etc. Moreover, where third parties file any claims against LUNADIGITALGAMES.COM related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace LUNADIGITALGAMES.COM in such proceedings or shall act as a third party respondent. The provision 8.2 is accordingly applied to the Selling Users to the extent, which does not infringe the consumer rights.

8.3. Furthermore LUNADIGITALGAMES.COM does not guarantee that any Seller or any User is capable of concluding an agreement through his/her Seller’s Store, and in particular that such agreement will be performed. LUNADIGITALGAMES.COM is not responsible against Users and Sellers for any non-performance or improper performance of the agreement neither by the User against the Seller and the User against the Selling User nor by the Seller against the User and the Selling User against the User, nor the Seller against other Seller. LUNADIGITALGAMES.COM shall not be liable against the Users (or other Sellers) for the products and services sold through Sellers’ Stores by the Sellers and the Selling Users, including for whether they are fit for purpose, for their quality, legality, legal and physical defects. LUNADIGITALGAMES.COM shall not be liable against the Sellers and the Selling Users for the correctness and validity of any statements made by the Users/Sellers, for their solvency or ability to conclude agreements with Sellers through their Seller’s Stores.

8.4. Notwithstanding the generality of the following guidelines, the Seller shall be held liable for gross violation of the Terms and Conditions and other obligations where:

• In case of formal notification of a claim by third party against the Seller and where the Seller deliberately failed to reach/contact the harmed party or did not submit the relevant explanations to LUNADIGITALGAMES.COM or where he/she blatantly fails to fulfill his/her obligations, e.g. in case of non-delivery of the ordered product or service despite its cost being settled, or where the product or service delivered do not conform with the declared form or quality,
• The Seller provided false, incomplete or misleading data,
• Where there is reasonable probability that the Seller undertook actions which may be detrimental to LUNADIGITALGAMES.COM and/or its partners in terms of their assets or legal liability.

8.5. To the fullest extent permitted by law, all services provided by LUNADIGITALGAMES.COM on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and LUNADIGITALGAMES.COM hereby expressly declines all warranties, including but not limited to any warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose of the products and services sold by the Sellers or the Selling Users or sold by itself, unless consumers rights protection laws provide otherwise.

8.6. Notwithstanding provisions stipulated in p. 5.13.-5.17., to the fullest extent permitted by law, LUNADIGITALGAMES.COM does not make any representation or give any warranty in relation to the quality, manufacturing, import, export, distribution, offering, presentation and/or use of any products or services offered on the Site by the Sellers’ Stores nor does LUNADIGITALGAMES.COM take any responsibility for any potential infringements of third party rights related to the use of any services or products available through the Site.

8.7. Notwithstanding the foregoing, the total liability of LUNADIGITALGAMES.COM against the Sellers is limited to the amount of EUR 500. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained by the Seller. All claims arising from the use of the Site or services have to be raised within fourteen (14) days after the date on which a problem occurs. In countries where limitation of liability against consumers is possible, the terms of the first and second sentence of this section shall apply accordingly.

8.8. The limitations and exclusions of liability under Terms and Conditions apply to the fullest extent permitted by law and will be effective regardless of giving notice to LUNADIGITALGAMES.COM that such damage may occur.

8.9. The Seller and Selling User shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) LUNADIGITALGAMES.COM and its directors, officers, employees, agents, stockholders and affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), as well as Adjustments, whether or not involving a third party claim, which arise out of or relate to (i) any breach of any representation or warranty of the Seller or Selling User contained in these Terms and Conditions, (ii) any breach or violation of any covenant or other obligation or duty of the Seller and Selling User under these Terms and Conditions, under applicable law, or under Intermediate Body Scheme Rules, (iii) any alleged breach or violation by the Seller or Selling User of third party rights, including intellectual property rights, (v) any claim related to the auction or transaction listed by the Seller or Selling User within his/her Seller’s Store in each case whether or not caused by the negligence of LUNADIGITALGAMES.COM or any other Indemnified Party and whether or not the relevant claim has merit. The Seller and Selling User shall inform LUNADIGITALGAMES.COM in writing of any claim, demand or suit and shall fully cooperate in the defense thereof. The Seller and Selling User will not agree to the settlement of any such claim, demand or suit prior to the final judgment thereon without the consent of LUNADIGITALGAMES.COM whose consent may be withheld at LUNADIGITALGAMES.COM sole and entire discretion.

If any Intermediate Body charges LUNADIGITALGAMES.COM for any Adjustment due to a Seller’s and Selling User’s act or omission on the Seller’s Store, including as a result of listed within Seller’s Stores digital products, or services which breach of the Intermediate Body Scheme Rules, the Seller and Selling User shall repay any and all such that Adjustment to LUNADIGITALGAMES.COM. The Seller or Selling User hereby agree that all Adjustments assessed by any Intermediate Body (either to the Seller, Selling User or LUNADIGITALGAMES.COM) in connection with any act or omission done willfully or negligently by the Seller or Selling User shall be the liability of the Seller and Selling User and shall be charged for Seller or Selling User.

Unless the applicable law provides otherwise, LUNADIGITALGAMES.COM is entitled to make, at its absolute discretion, any set-off from funds accumulated by the Seller and Selling User on LUNADIGITALGAMES Balance.

The Seller and Selling User acknowledges and agrees that during these Terms and Conditions and after their termination or expiration for any reason whatsoever, the Seller and Selling User shall continue to bear liability for all Adjustments and indemnification obligations pursuant to these Terms and Conditions and all other amounts due or which may become due under these Terms and Conditions. This liability is not subject to any limitation of liability that may be expressed elsewhere in these Terms and Conditions.

The Seller and Selling User undertakes to be liable to the User for a Product sold for no longer than 2 (two) years from the date of its sale unless the applicable law provides otherwise. After the expiry of the period specified in the previous sentence, the User will not be able to file a claim against the Seller via the Site, however, it does not exclude the User’s right to commence a dispute with the Seller and Selling User outside the Site.

9. Dealings between Users and Sellers

9.1. Users and Sellers acknowledge that engaging in any transactions on the Site within various Sellers’ Stores involves the risk of dealing with abusive people. LUNADIGITALGAMES.COM uses its reasonable endeavors to verify the accuracy of the data and information provided by Users and Sellers during the registration process as well as payment processes and when separate agreements are concluded with the Sellers. However, as the identity of Internet users is difficult to verify, LUNADIGITALGAMES.COM is unable to confirm and does not confirm the alleged identity of Users (including but not limited to Sellers). We recommend you to use various means, including common sense, to assess who you are dealing with.

9.2. Users and Sellers are personally responsible for observing all the terms and conditions of transactions conducted on, via or as a result of using the Site or services, in particular the Terms and Conditions and other commitments. This also includes, but is not limited to, payment terms, warranty, returns, delivery, time of delivery, insurance, fees, taxes, licences, or penalties.

9.3. Users and Sellers agree to provide all necessary information and documents that may be required in connection with transactions performed within the Sellers’ Stores (between Sellers and Users or Selling Users and Users or between Sellers) and other obligations under these Terms and Conditions.

9.4. In order to unify rules of transactions performed via the Site within particular Sellers’ Stores and to ensure standard of fair practice when conducting the above Users and Sellers hereby confirm that an agreement between the User and the Seller or the User and the Selling User or between Sellers becomes valid once the provision of a service and the charge to the User (or the Seller making the purchase) is authorized by the Seller or the Selling User upon his/her final consent stipulated in point 5.5 above. All further actions connected with the agreement, rights and obligations, are regulated by adequate laws or agreements between Users).

9.5. LUNADIGITALGAMES.COM pays utmost care to ensure that the transactions performed within Sellers’ Stores are completed without any problems. However, in the rare circumstances where LUNADIGITALGAMES.COM has been informed by the operator of the Seller’s Store that a product or service sold by a given Seller’ Store is mispriced, or the Buying User has been charged for less than the transaction amount due to wrong exchange rates being applied or any other technical fault or mistake, LUNADIGITALGAMES.COM may, in its discretion, assist Seller and/or Selling User with cancelling the transaction by returning the funds to the Buying User and adjusting the stock of his/her products available for sale within his Seller’s Store.

10. Donating on the LUNADIGITALGAMES.COM Site

10.1. LUNADIGITALGAMES.COM supports:

a) charity activities,

b) initiatives for health and social care,

c) initiatives for environment and animal protection,

d) promoting human rights and freedom,

e) promoting art, culture and science. Therefore LUNADIGITALGAMES.COM enables all Users to donate money with the help of the Site (from here called Donations) to foundations, public benefit organizations and other subjects realizing goals mentioned from a) to e) (later called Beneficiaries)

10.2. In connection with Donations LUNADIGITALGAMES.COM shall create a subpage on the Site with information about currently supported initiatives and information that lets Users identify the Beneficiary.

10.3. Donations shall be transferred with the help of selected payment methods (e.g. Paypal, Skrill, Dotpay, Paysafecard, Moneybookers) to LUNADIGITALGAMES.COM’s bank account who acts as an intermediary. In the payment title the User shall specify which Beneficiary is chosen. If the User does not specify any Beneficiary LUNADIGITALGAMES.COM shall contact the User to determine the Beneficiary to which the Donation should go to. If the User does not specify the Beneficiary LUNADIGITALGAMES.COM shall return the funds donated.

10.4. LUNADIGITALGAMES.COM shall transfer the donated funds to the Beneficiary from their bank account not later than the end of the month that follows the quarter in which the Donation occurred (therefore the donation settlements shall occur 4 times a year after each calendar quarter). Any interest accumulated on LUNADIGITALGAMES.COM’s bank account connected with the Donations shall be transferred to the Beneficiaries. If there are more than one Beneficiaries the interest shall be transferred to them proportionally to the Donations made by the Users.

10.5. LUNADIGITALGAMES.COM shall not use the donated funds in any way other than described in paragraph 10.4. The Donations are owned by the Users until they are transferred to the Beneficiary. The Donations are to be returned on the User’s demand if the claim was made within 7 days from the date of the Donation.

10.6. The Donation is not available for the User who has place of residence, headquarter or place of habitual residence in European Economic Area and Hong Kong.

11. Forbidden Actions – Anti Violation Procedures (a so-called notice and takedown procedure)

11.1. Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a given Seller’s Store is obliged to notify to the e-mail address: support@LUNADIGITALGAMES.com or via registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'LUNADIGITALGAMES.COM' is defined), indicating and submitting:

a) the exact location of the data;

b) the right violated;

c) circumstances and evidence proving the legal title to bring an action in terms of the violated right that he or she is the sole person entitled to the data found on the Seller’s Store (in particular games or game codes) and that the Seller or the Selling User has no right to them (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'LUNADIGITALGAMES.COM' is defined);

d) his or her personal data, in particular the name, surname, business name, registered seat address or residence address, e-mail address;e) a separate personal data processing statement consenting to processing for the purposes of the notice and takedown procedure (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'LUNADIGITALGAMES.COM' is defined).

11.2. Following the receipt of a credible notification specified above, LUNADIGITALGAMES.COM shall immediately block access to the data indicated in the notification (in particular, it shall delete them) and – as far as possible – it will notify the Seller or the Selling User responsible for uploading the data through his/her Seller’s Store, that such notification and claim by a third party has been submitted.

11.3. The Seller or the Selling User who has received notification mentioned in section 2 above may submit its reply and evidence confirming its rights to distribute, make available etc. the data, in particular evidencing copyrights, licenses or ownership rights to the games and game activation codes.

11.4. The Seller or the Selling User who notified LUNADIGITALGAMES.COM of the violation of his or her rights shall exercise due care so that any disputes in terms of the rights to data uploaded/made available on the Site by the Seller or the Selling User were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:

a) uploaded back to the Site without amendments;

b) uploaded back to the Site, amended in accordance with the changes agreed by the parties;

c) permanently removed from the Site.

Any agreements between the parties allowing for the data to be uploaded back to the Site shall be made in writing, signed by the authorized persons and sent as an original via registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'LUNADIGITALGAMES.COM' is defined.

11.5. Where:

a) it is not possible to determine the Seller or the Selling User responsible for publication of third party's data or their distribution on the Site etc.

b) the Seller or Selling User does not submit any reply to the notification of third party's claim within 14 days from its receipt from LUNADIGITALGAMES.COM to the Seller's or Selling User’s e-mail address or does not submit any evidence on having rights to publish, distribute the data etc. within that period such data will be permanently removed from the Site.

11.6. Where any notification is received from competent authorities or credible information is submitted on the illegal nature of the data available on the Site, LUNADIGITALGAMES.COM will immediately disable any access to such data.

11.7. LUNADIGITALGAMES.COM reserves the right to, at its own initiative, remove specific data from the Site or prohibit transmitting, posting or storing etc. if we find them illegal or unlawful.

11.8. LUNADIGITALGAMES.COM can prevent adding certain data or selling certain products within the Site by the Sellers’ Stores if they receive reliable information that such actions are in conflict with the Terms and Conditions or statements given by the Seller or the Selling User.

12. Complaints Procedure

12.1. If there are problems or irregularities in connection with using the Site or regarding the Services the Users, Sellers, Selling Users may submit a complaint by sending it to the following address: support@LUNADIGITALGAMES.com or in a written form on the 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. In the complaint, the Users, Sellers, Selling Users should include his/her name and surname, e-mail address (or other correspondence address), the subject of the complaint and the reason for the complaint. The complaint will be considered immediately, however not later than within 30 (thirty) days of its receipt. The Users, Sellers, Selling Users will be informed about the method and result of the complaint consideration to the correspondence address or to the e-mail address. The costs of using the said means of distance communication by the Users, Sellers, Selling Users are borne by the Users, Sellers, Selling Users and they are calculated according to the rates of the telecommunications operator whose services the Users, Sellers, Selling Users uses.

12.2. This section shall be applied solely to Sellers from European Economic Area. LUNADIGITALGAMES.COM may attempt to settle a dispute amicably with a Seller running a business, using the Site to offer goods to consumers via his/her Seller’s Store, through an independent mediator, after LUNADIGITALGAMES.COM has given its consent to mediation. If the Seller, referred to in the preceding sentence, approaches LUNADIGITALGAMES.COM with a mediation proposal and accepts this proposal by LUNADIGITALGAMES.COM, the mediation will be conducted by a mediator from: Polish Chamber of Commerce in Warsaw, in accordance with the mediation regulations applied by the Polish Chamber of Commerce in Warsaw. LUNADIGITALGAMES.COM will bear a reasonable part of the total mediation costs, which will be determined by the parties each time. The list of mediators and mediation regulations are available at: https://sakig.pl.

12.3. If the User has complaints about the products or services, he/she has bought, subject to the provisions of point 6.8 above, he/she may file a complaint to the Seller or the Selling User with the help of tools provided by LUNADIGITALGAMES.COM and enabled within the Seller’s Store. LUNADIGITALGAMES.COM does not resolve the complaint. This does not apply to products or services sold and owned by LUNADIGITALGAMES.COM – in this case LUNADIGITALGAMES.COM resolves the complaint.

12.4. Any objections connected with the complaint procedure should specify the User that files such objections, detailed description of the problem and the suggested resolution satisfactory for the User.

12.5. Notwithstanding the provisions of point 12.3 above, a products or services purchased via the Seller’s Store, especially a game activation code, which has not been retrieved from the Site or – being retrieved – has not been activated (used) by the User might be returned to the Seller or the Selling User provided that a given Seller’s Store grants the User a right to return the purchased products or services . The Seller or the Selling User shall unequivocally determine whether he/she grants such right with regard to a given products or services or a given User. Proper information in this respect will be presented on the Seller’s Store subpage, e.g., in the terms and conditions set by a given Seller/Selling User.

12.6. In case of enabling the User to return a purchased product, subject to point 12.5 above, such returned product is sent back to the Seller or the Selling User and at the Seller’s and/or Selling User’s discretion can be sold again within the Seller’s Store provided that this product is not defective.12.7. In the event of any dispute(s) between the Buying user and the Seller or the Selling User in relation to the services or products purchased via a given Seller’s Store with the use of the payment method offered by PayPal Holdings, Inc., PayPal (Europe) S.à r.l. et Cie, S.C.A. or their affiliates or subsidiaries, including any dispute(s) regarding the chargeback, bank reversal, PayPal dispute(s) and LUNADIGITALGAMES Shield issue(s), the Seller or the Selling User are obligated to notify LUNADIGITALGAMES.COM in this regard solely through their Account by use of the ticket button available in the “Account details” section. The aforesaid notification by the Seller or the Selling User shall be made immediately, however, no later than 14 (fourteen) days from the start of this dispute(s) (i.e. at the moment the Seller or the Selling User has received the complaint from the User regarding the products or services offered by the Seller or the Selling User on his/her Seller’s Store).In addition, the Seller or the Selling User are also obligated to provide LUNADIGITALGAMES.COM with all the necessary information, within the above mentioned 14 (fourteen) day period, regarding this dispute(s) and any information that may be requested by LUNADIGITALGAMES.COM. The Seller or the Selling User shall fully cooperate with LUNADIGITALGAMES.COM to resolve any dispute(s) with the Buying user. In the event that the Seller or Selling User does not inform or improperly informs LUNADIGITALGAMES.COM regarding the started dispute(s) within the aforesaid term, LUNADIGITALGAMES.COM will not be obligated to settle any complaint concerning the said dispute(s) and will be released from any liability to the Seller or the Selling User relating to or arising from the aforementioned dispute(s), in particular LUNADIGITALGAMES.COM will be released from any obligations to return any money to the Seller or the Selling User.

13. Termination, suspension and withdrawal

13.1. This agreement (Terms and Conditions) on providing electronic services and certain functions of the Site is concluded for an unspecified period of time.

13.2. Without prejudice to other provisions of these Terms and Conditions and the rights and remedies granted by law, LUNADIGITALGAMES.COM is entitled to:

a) terminate the agreement governed by these Terms and Conditions in case of (i) obtaining by LUNADIGITALGAMES.COM a court order or authority decision requiring to terminate the agreement governed by these Terms and Conditions with the given User, Seller or Selling User; (ii) the given User, Seller or Selling User breaches any provision of these Terms and Conditions, (iii) the given User, Seller or Selling User breaches any provision of the applicable law related to the use of the Site; and/or

b) immediately suspend (temporally or permanently limit or block to access and/or use) of the Account, Site, software, systems (including any networks and servers used to provide any of LUNADIGITALGAMES.COM’s services) operated by LUNADIGITALGAMES.COM or on its behalf and/or refuse to provide its Services to the User, Seller or Selling User in the future (i) at the User’s, Seller’s or Selling User’s request, and/or in the event that occur or, in the opinion of LUNADIGITALGAMES.COM, there is a reasonable probability that (ii) User’s, Seller’s or Selling User’s breaches any of these Terms and Conditions and/or breaches any provision of the applicable law related with use of the Site, (iii) User’s, Seller’s or Selling User’s Account has been taken over by third party and/or Account’s credentials leaks to third party, (iv) the User’s, Seller’s or Selling User’s whose Account was previously suspended and/or terminated has created the new Account, (v) in case of the User – she/he is in a dispute with the Seller or Selling User at PayPal resolution center related to the transaction executed on the Site, (vi) in case of the User – he/she was not paid for the goods, services that has been, respectively, delivered or executed to him/her.

13.3. Where LUNADIGITALGAMES.COM decides to terminate the provision of the whole or any part of the agreement (these Terms Conditions) to a given Users, Sellers, Selling Users, it shall provide the Users, Sellers, Selling Users concerned, at least 30 (thirty) days prior to the termination taking effect, with a statement of reasons for that decision on a durable medium. The notice period set forth above shall not apply where LUNADIGITALGAMES.COM: (i) is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its Services to a given Users, Sellers, Selling Users in a manner which does not allow it to respect that notice period; (ii) exercises a right of termination under an imperative reason pursuant to national law; (iii) can demonstrate that the Users, Sellers, Selling Users concerned has repeatedly infringed the applicable Terms and Conditions, resulting in the termination of the provision of the whole of the Services.

13.4. In the case of suspension or termination, LUNADIGITALGAMES.COM shall give the Users, Sellers, Selling Users the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in section 12. Where the suspension or termination is revoked by LUNADIGITALGAMES.COM, it shall reinstate the Users, Sellers, Selling Users without undue delay, including providing the Users, Sellers, Selling Users with any access to personal or other data, or both, that resulted from its use of the relevant electronic services prior to the suspension or termination has taken effect.

13.5. The Users, Sellers, and Selling Users have the right to terminate the agreement within 15 (fifteen) days with any reasons providing LUNADIGITALGAMES.COM with a termination via support@LUNADIGITALGAMES.com or made it through the removal of his Account at the administration panel. Upon termination of the agreement with the Seller and/or Selling User his/her Seller’s Store will be taken offline.

13.6. The User, who is a consumer, has the right to withdraw from the agreement governed by these Terms and Conditions with LUNADIGITALGAMES.COM within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the day of creation of the Account. To exercise the right of withdrawal, the User, who is a consumer, must inform LUNADIGITALGAMES.COM of their decision to withdraw from the agreement by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). The User, who is a consumer, may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If the User, who is a consumer, withdraw from this agreement, LUNADIGITALGAMES.COM shall reimburse to him/her all payments received from his/her, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which LUNADIGITALGAMES.COM is informed about the decision to withdraw from the agreement. LUNADIGITALGAMES.COM will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless the User, who is a consumer, have expressly agreed otherwise; in any event, the User, who is a consumer, will not incur any fees as a result of such reimbursement. In order to withdraw from the agreement, the User, who is a consumer, may send a statement of withdrawal, for example (i) via the contact form on the Site by creating a ticket in LUNADIGITALGAMES Support Center, (ii) in writing to LUNADIGITALGAMES.COM’s address, or (iii) via e-mail mail at the following address: support@LUNADIGITALGAMES.com. In the statement of withdrawal from the agreement, the User, who is a consumer, should enter (i) name and surname, (iii) email address, and (iv) postal address, if available. LUNADIGITALGAMES.COM shall immediately confirm to the User, who is a consumer, the receipt of the withdrawal from the agreement in feedback to him/her on a durable medium, including via e-mail.

13.7. If the termination of the agreement has been made by LUNADIGITALGAMES.COM the Users, Sellers, Selling Users cannot create another Account on the Site without LUNADIGITALGAMES.COM’s consent.

14. Final Provisions

14.1. The ‘Privacy and Cookies Policy’ and the “Table of fees and commissions” constitute integral parts of these Terms and Conditions, binding upon all registered Users.

14.2. Neither User nor the Seller may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of LUNADIGITALGAMES.COM. The Users and the Sellers hereby consent to and agree that LUNADIGITALGAMES.COM may transfer the rights and obligations arising from the agreement between LUNADIGITALGAMES.COM and the Sellers and/or the Users to a third party.

14.3. The processing of any data received by the administrator of the Site in relation to its functioning is made in accordance with the Privacy and Cookies Policy and the User agrees to it when accepting these Terms and Conditions. LUNADIGITALGAMES.COM may transfer the rights and obligations arising from the agreement between LUNADIGITALGAMES.COM and the Seller and/or the User to a third party, to which the User and the Seller agree.

14.4. Any communication with the Site’s administration shall be made by e-mail to the address: support@LUNADIGITALGAMES.com. All legal inquiries shall be directed to legal@LUNADIGITALGAMES.com

14.5. Any comments and remarks on Users or Sellers violations of these Terms and Conditions shall be notified with LUNADIGITALGAMES.COM to the address: support@LUNADIGITALGAMES.com

14.6. Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.

14.7. Due to local laws and restrictions that may be present in the User’s jurisdiction not all features of the Site may be available and as such, some terms and conditions may not be applicable.

14.8. Section headings and other headings in this Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation thereof.

14.9. These Terms and Conditions are governed by the laws of Hong Kong without reference to their conflicting provisions, unless the domestic law applicable to the User being a consumer provides otherwise. Parties approving these Terms and Conditions are exclusively subject to the jurisdiction of courts in Hong Kong, unless the domestic law applicable to the User being a consumer provides otherwise.

FORM OF WITHDRAWAL FROM THE SALE CONTRACT

[full name of the User]

LUNADIGITALGAMES.COM Limited 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong

I hereby withdraw from the Sale Contract of the following products/services:

Date of the order: [__]

Date of receipt of the products: [__]

Name and surname: [__]

Delivery address: [__]

Please refund the price you paid along with the costs incurred by me/us to this bank account number/as follows User signature (only if this form is send via register mail): [__]

Place and date: [__]

Signature [__]