ELDORADO TERMS OF SERVICE
Last modified: May 23, 2023
1. Introduction
1.1. Eldorado is a marketplace that allows users to offer, sell and buy products through the
website www.eldorado.gg (“Site”). As a marketplace, Eldorado does not own or sell the
items listed on this site. The actual contract for sale is directly between Buyers and Sellers.
While Eldorado may help to facilitate the transactions and/or resolution of disputes
between Buyers and Sellers, Eldorado has no control over and does not guarantee: the
existence, quality, safety or legality of items advertised; the truth or accuracy of Users’
content or listings. You agree that the Site is a venue and as such Eldorado is
not responsible or liable for any content, for example, data, text, information, usernames,
graphics, images, photographs, profiles, audio, video, items, and links posted by you, other
users, or outside parties on the Site. You use the Site at your own risk.
1.2. These Terms of Service (“Agreement” or “Terms”), the Privacy Policy, and all policies and guidelines posted on the Site
set out the terms and conditions on which Eldorado offers you access to and use
of the Site as well as services, applications and tool available therein
(collectively “Services”). This
Agreement is entered into between you as the user of our Services (“User”) and Eldorado Market, UAB, a
limited liability company incorporated and existing under the laws of the
Republic of Lithuania, legal entity code 304881891, contact email [email protected], domiciled at Juozo
Balčikonio street 9, Vilnius, the Republic of Lithuania (“Eldorado"). All policies and the Eldorado Privacy Policy are
incorporated into this Agreement. You agree to comply with all of the above
when accessing and using our Services.
1.3. Please be advised that this Agreement contains provisions that govern how claims you
and/or Eldorado may have against each other are resolved (see Disclaimer of Warranties;
Limitation of Liability and Legal Disputes provisions below).
1.4. Acceptance of the Agreement. By accessing or using the Site, you hereby agree to accept
the terms and conditions set forth in this Agreement as a User. You shall be bound by the
terms and conditions of this Agreement with respect to your access or use of this Site and
any further upgrade, modification, addition or change to this Site. If you do not accept all of
the terms and conditions of this Agreement, please do not use this Site. You may not use
the Site and may not accept the terms of this Agreement if (a) you are not of legal age
and/or have no necessary consents and approvals (including consents of parents/guardians
– if applicable) to form a binding contract, or (b) you are a person barred from using the
Site under the laws of the United States or other countries including the country in which
you are a resident or from which you use the Site. Eldorado may verify the age and/or
nationality of the Account owner. As a part of the verification process, Eldorado may
require the Account owner to provide additional identification information, including,
without limitation, a copy of a valid driver's license (or other form of government issued
identification). This Agreement applies to all users of the Services, including without
limitation users who are vendors, customers, merchants, or contributors of content,
information and other materials or services. Before you continue, you should print off or
save a local copy of this Agreement for your records.
1.5. Amendments. Eldorado may amend this Agreement and/or Site policies at any time, with or
without notice to you, by posting the amended and restated Agreement or policy on the
Site. The amended and restated Agreement and/or policy shall be effective immediately
upon posting. Posting by Eldorado of the amended and restated Agreement or policy and
your continued use of the Site shall be deemed to be an acceptance of the amended terms.
This Agreement and Site policies may not otherwise be modified, except in writing by an
authorized officer of Eldorado.
2. Definitions
2.1. “Eldorado Content” – information, text, images, video clips, directories, files, databases or
offers available on or through the Site.
2.2. “Registered User” – each User who has filled out a registration form on the Site by giving
User information (such as name, address, telephone number, fax number, email address,
etc.). Eldorado will establish an account ("Account") for each Registered User on the Site
and each Registered User will be assigned a user alias ("User Name") and password
("Password") for log-in access to its/his/her Account on the Site.
2.3. “Third-Party Content” –content displayed on the Site that is provided or posted by third
parties.
2.4. “Third Party Rights” – third party copyrights, trademarks, trade secrets, patents, and other
personal or proprietary rights affecting or relating to material or information displayed on
the Site, including but not limited to rights of personality and rights of privacy, or affecting
or relating to products that are offered or displayed on the Site.
2.5. “Transaction Risks” – The risks assumed by Users when using the Site or conducting
transactions via the Site. Transaction Risks include risks of liability or harm of any kind in
connection with using the Site. Such risks shall include, but are not limited to:
(i) misrepresentation of products and services, fraudulent schemes, unsatisfactory quality,
failure to meet specifications, defective or dangerous products, unlawful products, delay or
default in delivery or payment, cost miscalculations, breach of warranty, and breach of
contract; (ii) risks that the manufacture, importation, distribution, offer, display, purchase,
sale and/or use of products or services offered or displayed on the Site may violate or may
be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense
or other costs in connection with third parties' assertion of Third Party Rights, or in
connection with any claims by any party that they are entitled to defense or
indemnification in relation to assertions of rights, demands, or claims by Third Party Rights
claimants; (iii) risks that consumers, other purchasers, end-users of products, or others
claiming to have suffered injuries or harms relating to a product originally obtained by
Users of the Site as a result of purchase and sale transactions in connection with using the
Site may suffer harms and/or assert claims arising from their use of such products.
2.6. “User” – any person who accesses the Site for whatever purpose, regardless of whether
said User has registered with the Site as a Registered User. A User includes any person
using this Site and any legal entity which may be represented by such person under actual
or apparent authority.
3. Use of the Site
3.1. General. Users may use this Site solely for their own personal or internal purposes. Each
User agrees that it shall not copy, reproduce or download any Eldorado Content for the
purpose of re–selling or re–distributing Eldorado’s Content, mass mailing (via emails,
wireless text messages, physical mail, or otherwise), operating a business that competes
with Eldorado, or otherwise commercially exploiting Eldorado Content. Systematic retrieval
of Eldorado Content from this Site to create or compile, directly or indirectly, a collection,
compilation, database or directory (whether through robots, spiders, automatic devices, or
manual processes) without written permission from Eldorado is prohibited. In addition, use
of Eldorado Content for any purpose not expressly permitted in this Agreement is
prohibited.
3.2. Messages or information sent by a User through communication systems provided by
Eldorado, as well as emails, faxes, letters to addressees, or instant messages sent to
addresses acquired from information obtained from the Site, shall not contain any of the
materials described in the provisions of Section 5.4.
3.3. No User shall undertake any scheme to undermine the integrity of the computer systems or
networks used by Eldorado or any other User, and no User shall attempt to gain
unauthorized access to such computer systems or networks.
3.4. Privacy Policy. We urge that you read Site’s Privacy Policy, which governs the protection
and use of each User's information in Eldorado's possession. Each User hereby accepts the
Privacy Policy and any updates and amendments thereto. Each User acknowledges that
Eldorado may change the Privacy Policy from time to time, with or without notice to you,
and shall make available the updated version of the Privacy Policy on the Site at all times.
Your continued use of the Site shall be deemed to be your acceptance of the Privacy Policy
which is then displayed on the Site at the time of such use.
3.5. Third Party Rights. As a condition of your access to and use of the Site, you agree that you
will not use our Services to infringe the Third Party Rights of others in any way. Eldorado
may in appropriate circumstances terminate the accounts of Users who are repeat
infringers of the Third Party Rights of others. In addition, Eldorado reserves the right to
terminate the account of any User if Eldorado believes that the User’s conduct is harmful to
the interests of the Site, Eldorado, its employees, directors, affiliates, or other Users, or for
any other reason in Eldorado’s sole and absolute discretion, with or without cause.
3.6. By using the Site, You also covenant, represent, and warrant that:
You have all necessary and relevant experience and knowledge to deal with digital
items, have a full understanding of their framework, are aware of all the merits, risks
and any restrictions associated with digital assets (including their purchase and use),
as well as the necessary and relevant expertise and knowledge to purchase, use and
manage them, and are solely responsible for any evaluations based on such
knowledge;
If You are a corporation, governmental organization or other legal entity, You have
the right, power and authority to act on behalf of such corporation, governmental
organization or other legal entity and bind them to these Terms;
You will not use the Website for any illegal activity and You are not engaged in any
illegal activity;
You solely control Your credentials (email address, password or other information
provided for the purpose of the Website use) and do not act on behalf of any third
party.
3.7. No person, employee, agent or entity affiliated in way to any game publisher or developer,
including, without limitation, Blizzard Entertainment, Battle.net, Sony Online Entertainment
Inc., Sony Computer Entertainment America Inc., NCSoft Corporation, Turbine, Ubisoft,
Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment,
Inc., Lucasfilm Entertainment Company Ltd., and Square Enix CO., LTD., is authorized to use
or access this site or to utilize the services provided herein.
4. Registered Users
4.1. Privacy. By becoming a Registered User, you consent to be governed by our Privacy Policy.
You also consent to the inclusion of your personal data in our database, and authorize
Eldorado to share such information with other Users in accordance with the purposes set
forth in this Agreement.
4.2. Notwithstanding Section 4.1 above, Eldorado may refuse registration and deny the issuance
of an Account and associated User Name and Password to any User for whatever reason or
for no reason at all.
4.3. By creating an Account, You also consent to receive electronic communications from
Eldorado (e.g., via email). These communications may include notices about your Account
(e.g., password changes and other transactional information) and are part of your
relationship with us. You agree that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal communication
requirements, including, but not limited to, that such communications be in writing. You
should maintain copies of electronic communications from us by printing a paper copy or
saving an electronic copy. We may also send you promotional communications via email,
including, but not limited to, newsletters, special offers, surveys and other news and
information we think will be of interest to you. You may opt out of receiving these
promotional emails at any time by following the respective unsubscribe instructions.
4.4. Eldorado may suspend or terminate a Registered User's Account at any time if:
In Eldorado's sole and absolute determination, there is any breach of the provisions
of this Agreement by the Registered User; or
Eldorado has reasonable grounds to suspect that information provided by a
Registered User is untrue, inaccurate or is not current or complete; or
Eldorado believes that User conduct is harmful to the interests of the Site, Eldorado,
its employees, directors, affiliates, or other Users; or
For any other reason in Eldorado’s sole and absolute discretion.
4.5. Prohibition on transferability of Account, User Name, and Password. A Registered User may
not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User
Name or Password to a third party without the prior written consent of Eldorado. Eldorado
may suspend or terminate the Account of a Registered User or the transferee of a
Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation
of this Section.
4.6. Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify
Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted
content, take legal and technical steps to prevent access to the Services, or take other
action consistent with these Terms, with or without notice to you, if we suspect or
determine, in our sole discretion, that you have failed to comply with any of these Terms or
have otherwise engaged in illegal activity or improper use of our Services. This may result in
the loss or termination of your Account, information, persona, rankings, benefits, virtual
items, in-game purchases, subscription, or other losses. We are not and will not be held
responsible for any such losses, and are under no obligation to compensate you therefor.
4.7. We reserve the right to stop offering and/or supporting our Services or any portion thereof,
including but not limited to any particular service, product, or game, at any time for any
reason. If this does occur, your license to access or use the applicable Services will
automatically terminate. We reserve the right to terminate any Account that has been
inactive for 180 days or more. We are not required to notify you in advance of any of these
actions, or to provide you with any refunds, compensation, or any material or non-material
benefit for discontinued or terminated Services, or terminated Accounts, or any losses
resulting therefrom.
4.8. You may choose to close your Account for any reason and at any time. If you choose to
exercise this right, please inform Eldorado that you wish to close your Account by opening a
support ticket requesting that your Account be closed. You understand that if you close
your Account, you may no longer have access to information previously associated with
your Account.
5. Posting on the Site
5.1. You must be a Registered User in order to post information on the Site using the self–help
submit and edit tools provided by the Site.
5.2. No sales agency relationship is created between any User and Eldorado, its affiliates,
directors, officers or employees by virtue of Eldorado's display of any of the User's
information on the Site.
5.3. Each User hereby represents, warrants and agrees:
That any information provided by the User to be displayed on the Site is true,
accurate, current and complete; and
That it will maintain and promptly amend all information to keep it true, accurate,
current and complete.
5.4. Prohibited behavior. Each User hereby represents, warrants and agrees that information
submitted to Eldorado for display on the Site shall not:
Contain fraudulent information or make fraudulent offers of items or involve the sale
or attempted sale of counterfeit or stolen items or items whose sales and/or
marketing is prohibited by applicable law, or otherwise promote other illegal
activities;
Be part of a scheme to defraud other Users of the Site or for any other unlawful
purpose;
Relate to the sale of products or services that infringe or otherwise abet or
encourage the infringement or violation of any Third Party Rights;
Violate any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair competition,
anti–discrimination or false advertising);
Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
Be obscene or contain or infer any pornography or sex–related merchandising or any
other content that otherwise promotes sexually explicit materials or is otherwise
harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age;
Contain any material that constitutes unauthorized advertising or harassment
(including but not limited to spamming);
Solicit business from any Users in connection with a commercial activity that
competes with Eldorado/the Site;
Contain any computer viruses, Trojan horses, worms or other destructive devices and
codes that have the effect of damaging, interfering with, intercepting or
expropriating any software or hardware system, data, or personal information;
Involve any countries, entities, individuals or items prohibited by sanctions,
embargoes, regulations or orders administered by the U.S. Department of Treasury’s
Office of Foreign Assets Control (“OFAC”) or other government agencies;
Contain items that have been identified by the U.S. Consumer Products Safety
Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing,
impersonate or intimidate any person, or falsely state or otherwise misrepresent
your affiliation with any person, through for example, the use of similar email
address, nicknames, or creation of false account(s) or any other method or device
Link directly or indirectly to or include descriptions of goods or services that are
prohibited under this Agreement; or
Otherwise create any liability for Eldorado, its employees, directors or its affiliates.
5.5. Third Party Rights. Each User hereby represents, warrants and agrees that it has obtained
all necessary third party copyright, trademark, trade secret or patent licenses and
permissions, or such other licenses or permissions as may be required in connection with
any other personal or proprietary rights of any third party (including but not limited to
rights of personality and rights of privacy), for any material or information it posts on the
Site or provides to Eldorado/the Site or authorizes Eldorado to display. Each User hereby
represents, warrants and agrees that it shall be solely responsible for ensuring that any
material or information it posts on the Site or provides to Eldorado or authorizes Eldorado
to display does not, and that the products represented thereby do not, violate any Third
Party Rights, or is posted with the permission of the owner(s) of such rights. Each User
hereby represents, warrants and agrees that it has the right to manufacture, offer, sell,
import and distribute the products it offers and displays on the Site, and that such
manufacture, offer, sale, importation and/or distribution of those products violates no
Third Party Rights.
5.6. Grant of license. Each User hereby grants an irrevocable, perpetual, worldwide and
royalty–free, sub–licensable (through multiple tiers), assignable license to Eldorado and its
affiliates to display and use all information provided by such User in accordance with the
purposes set forth in this Agreement and to exercise the rights the User has in such
material or information, including, but not limited to, copyright, publicity, and database
rights, in any media now known or not currently known.
5.7. Removal of Material. Eldorado reserves the right in its sole and absolute discretion to
remove any material displayed on the Site, including material which it believes in its sole
and absolute discretion is unlawful, could subject Eldorado to liability, violates this
Agreement, or is otherwise deemed inappropriate.
5.8. Eldorado reserves the right to cooperate fully with governmental authorities, private
investigators, and/or injured third parties in the investigation of any suspected criminal or
civil wrongdoing. Furthermore, Eldorado may disclose the identity and contact information
of any User if requested to do so by a government or law enforcement body, an injured
third party, a subpoena, or any other legal action, and Eldorado shall not be liable for
damages or any other consequences thereof. User further agrees that it will not bring any
action or claim against Eldorado for such disclosure. In connection with any of the
foregoing, Eldorado may suspend or terminate the Account of any User as Eldorado deems
appropriate in its sole and absolute discretion. User agrees that Eldorado shall have no
liability to User, including liability for consequential or any other damages, in the event
Eldorado takes any of the actions mentioned in this Section, and User agrees to bear the
risk that Eldorado may take such actions.
6. Transactions between Buyers and Sellers
6.1. General. Eldorado provides an electronic web–based platform for exchanging information
between buyers (“Buyer” or “Buyers”) and sellers (“Seller” or “Sellers”) of products and
services. For each transaction, Eldorado requires the parties to complete the transaction
(deliver the goods to the Buyer) for Seller to get paid.
6.2. Users are solely responsible for all of the terms and conditions of the transactions
conducted on, through, or as a result of use of the Site, including, without limitation, terms
regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses,
fines, permits, handling, transportation and storage.
6.3. Listing Description. All listings on the Site must be for sale. By listing an item, you warrant
that you and all aspects of the item comply with the Site’s policies. You also warrant that
you have the full rights to sell the item, and that such selling will not violate any legal or
contractual obligations to which you may be subject. You must accurately describe your
item and all terms of sale. Your listings may only include text descriptions, graphics,
pictures and other content relevant to the sale of that item. All items must be listed in an
appropriate category with appropriate tags. Each listing must accurately and completely
describe the item/items for sale in that listing.
6.4. Binding Sale. Sellers are responsible for accurately listing their items, and buyers are
responsible for reading the description of items before making a purchase. All sales are
binding. The Seller is obligated to ship the order, transfer the item, or otherwise complete
the transaction with the Buyer in a prompt manner, unless there is an exceptional
circumstance, such as: (a) the Buyer fails to meet the terms of the Seller's listing (such as
payment method), or (b) the Seller cannot authenticate the Buyer's identity. The Buyer is
obligated to deliver appropriate payment for items purchased, unless there is an
exceptional circumstance.
6.5. In assistance to the Seller concluding a transaction on the Site, Eldorado acts as a disclosed commercial agent of the Seller in the limited scope where Eldorado is in each case hereby authorized by the respective Seller to accept a respective payment from the Buyer on behalf of the Seller for the goods sold by such Seller to the Buyer. For the avoidance of doubt, such funds received on behalf of the Seller by Eldorado are and at all times remain the property of the Seller. In any case, Eldorado does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. Eldorado uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because User verification on the Internet is complex and problematic, Eldorado cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
6.6. Assumption of Risks. Each User acknowledges that it is fully assuming all Transaction Risks
when using the Site to conduct transactions, and that it is fully assuming the risks of liability
or harm of any kind in connection with using the Site. Each User agrees that Eldorado shall
not be liable or responsible for any damages, liabilities, costs, harms, inconveniences,
business disruptions, or expenditures of any kind that may arise as a result of or in
connection with any Transaction Risks.
6.7. Taxes. All listings and their prices on the Site must be placed pursuant to “all taxes
included” principle. Users shall pay all sales and use taxes and all other taxes arising from
their use of the Site and the transactions concluded therein. The Users are particularly
responsible for paying any due taxes (including VAT from sale of In-game items through the
Site), fees or other due amounts required in connection with the agreements they have
concluded between each other (including issuing any invoices and provision of any
reporting documentation). Eldorado in any case is not liable for settling above fees and
taxes and for any filing obligations of the Users.
6.8. Refund policy. All sales are final on Eldorado and there are no refunds unless the item is not delivered or not as described. If this is the case, you'll will receive a full refund. The user can request a refund by going to the order page and raising a dispute. Alternatively, the user can contact 24/7 Live Support on the bottom right corner of the website. The refund can take up to 1 week to process.
6.9. Chargeback policy. Once an order has been marked as delivered by the seller and received by the buyer, orders are considered Completed, both parties are satisfied, and the sale is final. Customers who issue chargebacks for Completed orders will be permanently banned from Eldorado. If you face an issue with a non-Completed order - contact the Eldorado support team instead of issuing a chargeback.
7. Fees and Payments
7.1. Seller fees. Seller fees can be viewed here: https://support.eldorado.gg/hc/en-us/articles/360019514253-Fees Eldorado may change its fees from time to time by posting the changes on the Site 14 days in advance, but with no advance notice required for temporary promotions.
7.2. Buyer and Withdrawal fees. The fees we charge for processing payments are posted on our
Fees page. Eldorado may change its fees from time to time by posting the changes on the
Site 14 days in advance, but with no advance notice required for temporary promotions.
7.3. Users must have a payment method on file when selling or buying on the Site, and Users
must pay all fees and applicable taxes associated with our Services by the payment due
date. If your payment method fails or your account is past due, we may collect fees owed
using other collection mechanisms. (This includes charging other payment methods on file
with us, as well as retaining collection agencies and legal counsel). In addition, Users will be
subject to late fees.
7.4. When you provide payment information to Eldorado or to one of its payment processors,
you represent and warrant that you are the authorized user of such information, including,
without limitation, the credit card, PIN, key, or associated account, and you authorize
Eldorado and the payment processors to charge you for your purchases, subscriptions, or
any other fees incurred by you.
7.5. Eldorado, in its sole discretion, may inspect and verify (i) details related to the listing sold
on the Site, (ii) the buyer of the Site listing, and (iii) the seller of the Site listing. As a part of
the verification process, Eldorado may require the buyer or seller to provide additional
identification information, including, without limitation, a copy of a valid driver's license (or
other form of government issued identification) prior to or during the transaction. Users
may also be asked to go through additional security procedures and share additional
information to confirm their identity. Eldorado reserves the right to reject any item that we
believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have
come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv)
otherwise pose a financial risk to us or our users.
7.6. You agree and acknowledge that payment processing services are provided by third parties
("Payment Processors"), and are subject
to the respective service agreements (collectively, the "Payment Services Agreement"). By
using the Services, you agree to be bound by the terms in this section and the Payment
Services Agreement, as the same may be modified by us or by the Payment Processors from
time to time. As a condition of selling, you agree to provide Eldorado accurate and
complete information about you and your business (if applicable), and you authorize
Eldorado to share, in accordance with the Payment Services Agreement, such information
and applicable transaction information related to your use of the payment processing
services provided by the Payment Processors.
8. Disputes between Users
8.1. Eldorado as Arbitrator. In the event that any User has a dispute with any other User with
regard to a transaction on the Site, such User agrees to submit the dispute to Eldorado as
the arbitrator for final and binding judgment. In order to allow Eldorado to fairly and
reasonably conduct investigations, Users agree to refrain from seeking third party
arbitration while an order is still open or pending. Users who seek third party intervention
(with the exception of Government Investigative Authorities) will be seen as interfering
with the investigative process and attempting to force a decision in their favor. Eldorado
reserves the right to suspend or permanently ban Users who attempt to interfere with
standard operating procedures for orders which are still active or pending.
8.2. Obligation to Reimburse. If a Seller is required to reimburse the Buyer or Eldorado, the
Seller authorizes Eldorado to remove the reimbursement amount (in same or other
currency) from their designated payment method (i.e. PayPal) on the Site. The Seller is
required to have a valid payment method on file. If there are insufficient funds in the
account, the Seller authorizes Eldorado to charge any reimbursement amount owed to the
payment method on file. Eldorado may also place the reimbursement amount on the
Seller’s invoice. If Seller does not provide Eldorado with a valid payment method, Eldorado
may collect the outstanding sums using other collection mechanisms, including retaining
collection agencies.
8.3. Fines. In the rare event that Eldorado determines that a dispute between Users is due to a
User’s breach of this User Agreement, the breaching User authorizes Eldorado to levy a fine
against the User’s payment method, up to EUR 100. In addition, Eldorado may suspend or
ban the User’s Account, and/or require a deposit of up to EUR 200 to reactive the User’s
Account.
8.4. Release. If you have a dispute with one or more Users, you agree to release and indemnify
Eldorado and its officers, directors, employees, agents, affiliates, and subsidiaries from all
claims, demands, actions, proceedings, costs, expenses and damages, including without
limitation any actual, special, incidental or consequential damages of every kind and
nature, known and unknown, arising out of or in any way connected with such dispute. In
entering into this release you expressly waive any protections (whether statutory or
otherwise) that would otherwise limit the coverage of this release to include only those
claims that you may know or suspect to exist in your favor at the time of agreeing to this
release.
9. Disclaimer of Warranties; Limitation of Liability
9.1. THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND ELDORADO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
9.2. ELDORADO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. ELDORADO
DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION,
DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES
OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND
ELDORADO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
9.3. Any material downloaded or otherwise obtained through the Site is done at each User's
sole discretion and risk, and each User is solely responsible for any damage to its computer
system or loss of data that may result from the download of any such material. No advice or
information, whether oral or written, obtained by any User from Eldorado or through or
from the Site shall create any warranty not expressly stated herein.
9.4. Force Majeure. Under no circumstances shall Eldorado be held liable for any delay, failure,
or disruption of the content or services delivered through the Site resulting directly or
indirectly from acts of nature, forces or causes beyond its reasonable control, including
without limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of
God, war, governmental actions, orders of domestic or foreign courts or tribunals or
nonperformance of third parties.
9.5. Each User hereby agrees to indemnify and hold harmless Eldorado, its affiliates, directors,
officers, and employees, from any and all losses, claims, liabilities (including legal costs on a
full indemnity basis) which may arise, directly or indirectly:
From such User’s use of the Site, including but not limited to the display of such
User's information on the Site;
From such User’s breach of any of the terms and conditions of this Agreement;
From such User’s breach of any representations and warranties made by the User to
Eldorado;
As a result of any claims asserted by Third Party Rights claimants or other third
parties relating to products offered or displayed on the Site.
9.6. Eldorado and its affiliates, directors, officers and employees shall not be liable for any
special, direct, indirect, punitive, incidental or consequential damages or any damages
whatsoever (including but not limited to damages for loss of profits or savings, business
interruption, loss of information), whether in contract, negligence, tort, strict liability or
otherwise, or any other damages resulting from any of the following:
The use or the inability to use the Site;
Any defect in goods, samples, data, information or services purchased or obtained
from a User or a third–party service provider through the Site;
Any claims or demands that User’s manufacture, importation, distribution, offer,
display, purchase, sale and/or use of products or services offered or displayed on the
Site may violate or may be asserted to violate Third Party Rights; or claims by any
party that they are entitled to defense or indemnification in relation to assertions of
rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User;
Statements, conduct, or material posted by Users of the Site, including defamatory,
offensive or illicit material; or
Any other matter relating to the Site.
9.7. Right to assume defense and control. Eldorado reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you shall cooperate with Eldorado in asserting any
available defenses.
9.8. Eldorado reserves the right to limit, deny or create different access to the Site and its
features with respect to different Users, or to change any of the features or introduce new
features without prior notice. Each User acknowledges that inability to use the Site wholly
or partially for whatever reason may have adverse effects on its business. Each User hereby
agrees that in no event shall Eldorado or any of its affiliates, directors, officers, or
employees be liable to the User or to any third parties for any inability to use the Site
(whether due to disruption, limited access, changes to or termination of any features on
the Site or otherwise).
9.9. Third-Party Content. Eldorado is not the author of Third Party Content, whether
contributed by anonymous users or paid content providers. Neither Eldorado nor any of its
affiliates, directors, officers or employees has entered into any sales agency relationship
with such third party by virtue of our display of Third Party Content on the Site. Any Third
Party Content is the sole responsibility of the party who provided the content. Neither
Eldorado nor any of its affiliates, directors, officers or employees is responsible for the
accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be
liable to any User in connection with such User's reliance on such Third Party Content. In
addition, neither Eldorado nor any of its affiliates, directors, officers or employees is
responsible for the conduct of any User's activities on the Site, and shall not be liable to any
person in connection with any damage suffered by any person as a result of such User's
conduct.
9.10. Third-Party Websites. Eldorado may allow Users access to content, products or services
offered by third parties through hyperlinks (in the form of word link, banners, channels or
otherwise) to such Third Party's website. User acknowledges that Eldorado has no control
over such third party websites, does not monitor such websites, and neither Eldorado nor
any of its affiliates, directors, officers or employees shall be responsible or liable to anyone
for such website, or any content, products or services made available on such website. User
is cautioned to read such websites’ terms and conditions and privacy policies before using
such third party websites in order to be aware of the terms and conditions of your use of
such websites.
9.11. Regardless of the previous provisions, if Eldorado is found to have liability, its liability is
limited to the greater of a) the amount of the specific transaction in dispute, b) the amount
of fees in dispute not to exceed the total fees which User paid to Eldorado in the 12 months
prior to the action giving rise to the liability, or c) EUR 100.
10. Eldorado’s Intellectual Property Rights
10.1. General. Eldorado is the sole owner or lawful licensee of all the rights to the Site and the
Eldorado Content. The Site and the Eldorado Content embody trade secrets and intellectual
property rights protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Site and the Eldorado Content shall remain with
Eldorado, its affiliates, or licensors of the Eldorado Content, as the case may be. All rights
not otherwise claimed under this Agreement or by Eldorado are hereby reserved.
10.2. Trademarks and Service Marks. "Eldorado” and related icons and logos are registered
trademarks or trademarks or service marks of Eldorado in various jurisdictions, and are
protected under applicable copyright, trademark and other proprietary rights laws. The
unauthorized copying, modification, use or publication of these marks is strictly prohibited.
11. SECURITY
11.1. You are responsible for maintaining the confidentiality and security of your Account and
password, and accept responsibility for all activities that occur under your Account or
password. You must notify Eldorado immediately in the event that the security of your login
or password has been breached or compromised.
11.2. You are also responsible for maintaining adequate security and control of any and all
identification numbers any other codes that you use to access the Account.
11.3. You agree to not hold Eldorado liable for any loss arising out of, or in any way connected to,
your failure to properly secure and keep private your Account information, email address,
any password and any other identification numbers/codes used in connection with your
Account.
11.4. Eldorado shall not bear any liability, whatsoever, for any damage or interruptions caused by
any computer viruses, spyware, scareware, Trojan horses, worms or other malware that
may affect your Account, computer or other equipment, or any phishing, spoofing or other
attack.
11.5. Eldorado does not guarantee the confidentiality or privacy of any communication or
information transmitted on the Site or any site linked to the Site. Eldorado will not be liable
for the privacy or security of information, e-mail addresses, registration and identification
information, disk space, communications, confidential or proprietary information, or any
other content transmitted over networks accessed through the Site, or otherwise
connected with your use of the Site.
12. Notice to Users
All notices or demands to or upon a User shall be effective if either delivered personally,
sent by courier, certified mail, facsimile, or email to the last known correspondence, fax or
email address provided by the User to Eldorado, or by posting such notice or demand on an
area of the Site that is publicly accessible without charge. Notice to a User shall be deemed
to be received by such User if and when:
Eldorado is able to demonstrate that the communication, whether in physical or
electronic form, has been sent to such User; or
Immediately upon Eldorado’s posting of such notice on an area of the Site that is
publicly accessible without charge.
13. Legal Disputes
13.1. You and Eldorado agree that any claim or dispute at law or equity that has arisen or may
arise between us relating in any way to or arising out of this or previous versions of the
Agreement, your use of or access to the Site, the Services, or any products or services sold
or purchased through the Sites, services, applications, or tools will be resolved in
accordance with the provisions set forth in this Legal Disputes Section. Please read this
Section carefully. It affects your rights and will have a substantial impact on how claims you
and Eldorado have against each other are resolved.
13.2. Applicable Law. You agree that the laws of the Republic of Lithuania, without regard to the
principles of conflict of laws, will govern this Agreement and any claim or dispute that has
arisen or may arise between you and Eldorado, except as otherwise stated in the User
Agreement.
13.3. Agreement to Negotiate and Arbitrate. In the event of any dispute, claim, question, or
disagreement arising from or relating to this agreement or the breach thereof, the parties
hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To
this effect, they shall consult and negotiate with each other in good faith and, recognizing
their mutual interests, attempt to reach a just and equitable solution satisfactory to both
parties. If they do not reach such solution within a period of 60 days, then, upon notice by
either party to the other, all disputes, claims, questions, or differences shall be finally
settled by arbitration administered by the Vilnius Commercial Arbitrage, operating under its
rules. The place of arbitration shall be Vilnius, Lithuania, and the language of arbitration
shall be English.
13.4. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND
ELDORADO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON
AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ELDORADO
AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE
PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY
AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN
FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY
TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF
AWARDED CANNOT AFFECT OTHER SITE’S USERS.
13.5. Consent to Jurisdiction. In the event that the Agreement to Arbitrate above is found not to
apply to you or to a particular claim or dispute, you agree that any claim or dispute that has
arisen or may arise between you and Eldorado must be resolved exclusively by a competent
court of the Republic of Lithuania. You and Eldorado agree to submit to the personal and
exclusive jurisdiction of the courts located within the Republic of Lithuania, for the purpose
of litigating all such claims or disputes.
14. Miscellaneous
14.1. This Agreement, the Site’s Privacy Policy, and all policies posted on the Site constitute the
entire agreement between the User and Eldorado with respect to access to and use of the
Site, superseding any prior written or oral agreements in relation to the same subject
matter herein.
14.2. Eldorado and the User are independent contractors, and no agency, partnership, joint
venture, employee–employer, or franchiser–franchisee relationship is intended or created
by this Agreement.
14.3. Failure of Eldorado to exercise or enforce any right or provision of the terms of this
Agreement shall not constitute a waiver of such right or provision.
14.4. If any provision herein is held to be invalid or unenforceable, such provision shall be struck
out and shall not affect the validity and enforceability of the remaining provisions of this
Agreement.
14.5. User agrees that there shall be no third party beneficiaries to this agreement.
14.6. Headings are for reference purposes only, and in no way define, limit, construe or describe
the scope or extent of such section.
15. Notice of Non-Affiliation and Disclaimer
Eldorado is not affiliated, associated, authorized, endorsed by, or in any way officially connected with:
Jagex Ltd., RuneScape, Old School RuneScape or any of its subsidiaries or its affiliates. The official RuneScape website can be found at: https://www.runescape.com/
Blizzard Entertainment Inc., World of Warcraft, World of Warcraft Classic, Overwatch, Diablo, Hearthstone, StarCraft or any of its subsidiaries or its affiliates. The official Blizzard website can be found at: https://www.blizzard.com/
Epic Games Inc., Fortnite or any of its subsidiaries or its affiliates. The official Fortnite website can be found at: https://epicgames.com/
Supercell Oy, Clash of Clans, Clash Royale, Brawl Stars or any of its subsidiaries or its affiliates. The official Supercell website can be found at: https://supercell.com/
Take-Two Interactive, Rockstar Games, Grand Theft Auto, Red Dead Redemption or any of its subsidiaries or its affiliates. The official Rockstar website can be found at: https://www.rockstargames.com/
Riot Games Inc., League of Legends, Valorant or any of its subsidiaries or its affiliates. The official Riot Games website can be found at: https://www.riotgames.com/
Any other game developer, game publisher or video game not explicitly listed here.
The names RuneScape, Old School RuneScape, and OSRS Gold, World of Warcraft, Overwatch, Hearthstone, Diablo, Fortnite, Clash of Clans, Clash Royale, Brawl Stars, Grand Theft Auto, Red Dead Redemption, League of Legends, Valorant and any other game not explicitly listed here, as well as related names, marks, emblems and images are registered trademarks of their respective owners. Use of trademarks is covered by fair use principles under EU Regulation 2017/1001, Article 14.