TERMS OF USE

Reviewed on December 10, 2023

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

1.TERMS AND DEFINITIONS

1.1. The following terms used in this Terms of Use have the meanings set forth in this paragraph:

1.1.1 «Company» or «mk-dota2.com» or «We» - ROYAL PRIME SKIN SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA, legal address: ul. Juliana Smulikowskiego no: 4A, premises: 16, locality: Warsaw, postal code: 00-389, post office: Warsaw, country: Poland, REGON: 526976202, TIN: 5252980733, KRS (National Court Register) number: 0001069695, e-mail: support@mk-dota2.com.

1.1.2. «Customer» or «User» or «You» - an individual who uses the Website, Products and Services of the Company under Terms of Use.

1.1.3. «Bid» - User’s offer for the Company to conclude the Deal of the sale or purchase the Items.

1.1.4. «Contracting party» - another User who has concluded Deal with the User.

1.1.5. «Deal» - sale or purchase of Items under these Terms of Use.

1.1.6. «Items» - virtual goods for use within the computer games listed in the section of “Inventory” of User’s account on the website: https://steamcommunity.com.

1.1.7. «Personal account» - account maintained by the User for the purposes of trading through the Website.

1.1.8. «Services» - services provided by the Company through the Website.

1.1.9. «Terms of Use», «Agreement» - an agreement between the User and the Company available at https://mk-dota2.com/terms/

1.1.10. «Website» - collection of information, texts, graphic elements, design, pictures, photo and video and other intellectual property, as well as the software in the information system available on the Internet at a domain address https://mk-dota2.com/.

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

2. GENERAL PROVISIONS

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

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

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

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

2.5. By using the Website, User is confirming that User has fully read, understood, and irrevocably accepted these Terms. If you do not agree with these Terms in general or any part of them, you are not permitted to use the Website and any associated Services.

2.6. You acknowledge and accept that these Terms and any accompanying documents and/or the Website are subject to change, modifications, amendments, alterations, or supplements at any time without prior written notice, at Company’s sole discretion. Your continued use of the Website after any amendments or alterations of these Terms, any accompanying documents and/or the Website shall constitute your consent and acceptance of any such changes, modifications, amendments, alternations, or supplements. The date of the most recent amendments and alterations will be indicated at the top of these Terms.

2.7. You acknowledge and accept that the Company reserves the right at any time, in its sole and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website for any reason.

2.8. By using the Website, the User covenants, represents, and warrants that (under the Applicable Law and law of the User’s country of residence):

2.8.1. You are of an age of majority in the jurisdiction where you are a resident (at least 18 years of age) and are fully able and legally competent to use the Website, and in doing so will not violate any other agreement to which you are a party.

2.8.2. 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, sale 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.

2.8.3. If you are a corporation, governmental organization or other legal entity, then 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.

2.8.4. You will not use the Website for any illegal activity, and you are not engaged in any illegal activity.

2.8.5. 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.

2.9. The pages of the Website may contain services of the Company’s partners, vendors, games developers, etc. and/or links to third-party websites and services. Such links are provided for your convenience, but the Company shall not be considered to make any recommendation or endorsement of any third-party website or its content, unless expressly stated by the Company. The Company does not guarantee or otherwise suggest or imply the safety of any third-party website or the conformity of any such third-party website with your expectations. Furthermore, the Company is not responsible for maintaining any materials referenced from another site, and makes no warranties, recommendation or endorsement for that site or respective service. The Company assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods, or services available on or through any such third-party websites and resources. Please also note that these services may have their own policies. We do not accept any responsibility or liability for these policies. Please check policies of such services before using these services.

3. INTELLECTUAL PROPERTY, PROPRIETARY AND TRADEMARK RIGHTS

3.1. Any trademarks, logos, skins, artworks, and other objects of intellectual property (either registered or unregistered), represented on the Website, belong to their respective owners and there are no implied licenses to use them, unless otherwise stipulated by the respective owners. The mentioned objects may not be copied or imitated in whole or in part, without the permission of the applicable owner. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by the Company. Thus, the Company accepts no responsibility or liability whatsoever regarding the information (including images, logos, skins, trademarks, slogans, etc.) about its activities or about third parties’ activities published on this Website.

3.2. The Company is not affiliated in any way with Valve Corporation or Valve S.a.r.l. (individually and collectively referred to as "Valve"), being owners of Steam®, and any of its affiliates. The User agrees that the terms of any respective Steam® subscriber agreements or terms and conditions shall apply to the User in all respects. Any warranties, rights, obligations, or other contractual relationship that the User has with respect to your Steam® account and Valve shall remain consistent with, but in addition to these Terms.

3.3. The Company displays the Items on the Website according and with respect to the Valve rules: Part 3 Section D of the Steam® Subscriber Agreement (https://store.steampowered.com/subscriber_agreement/english/) allows the User (Subscriber) to trade, offer and order Items with, to or from other Subscribers via Subscription Marketplaces, such as Steam Community Market or the Company’s Website. The Company does not provide any trade services for Items, that belong to Valve, outside the Steam: to trade Items, that belong to Valve, User must login to his Steam® Account and must follow the Valve rules, trading the Items, that belongs to Valve. If you complete a trade, sale, or order in a Subscription Marketplace, you acknowledge and agree that you are responsible for taxes, if any, which may be due with respect to your transactions, including sales or use taxes, and for compliance with applicable tax laws. Proceeds from sales you make in a Subscription Marketplace may be considered income to you for income tax purposes. You should consult with a tax specialist to determine your tax liability in connection with your activities in any Subscription Marketplace.

3.4. The "e-dota" logo and any Company’s product or service names, logos or slogans that may appear on the Website or service are trademarks of the Company or Our affiliates and may not be copied, imitated, or used, in whole or in part, without Our prior written permission. User may not use any metatags or other "hidden text" utilizing "e-dota" or any other name, trademark or product or service name of Us or Our affiliates without Our prior written permission. In addition, the look and feel of the Website and its content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without Our prior written permission.

4. ACCESS TO THE WEBSITE

4.1. The Company reserves its right to prohibit without any compensations or explanations access to the Website and/or Service of any residents:

(a) from a country or territory that is the target of United States economic or trade sanctions, as defined at https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx;

(b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons (https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx), the U.S. Commerce Department’s Denied Person List (https://www.bis.doc.gov/index.php/the-denied-persons-list), the EU Consolidated List of Persons, or similar lists of sanctioned persons (https://eeas.europa.eu/headquarters/headquarters-homepage_en/8442/Consolidated%20list%20of%20sanctions);

(c) acting for or on behalf of any person on the above-identified lists or the government of a country or territory that is the target of United States economic or trade sanctions;

(d) being subject to any other UN-, US-, EU-, UK- or any other sovereign country sanctions or embargoes or have any other affiliation to such sanctions.

4.2. You hereby expressly consent that you are solely responsible for the use of your login and password for Steam® account, for any registration data provided, and for any actions done during any use of the Website. You agree to keep your credentials private and to immediately notify the Company of any unauthorized account activity. You may be aware of and modify your login information respectively. You are solely responsible for any loss or damage you or the Company may suffer because of your failure to do so.

4.3. The Company may terminate the User’s uses of the Website or freeze any transactions on the Website at any time if the User violates these Terms or any other Company’s policies, at Company’s sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to the User or any other party, when we find such measures reasonable and/or necessary in a particular situation, without any refunds.

4.4. By login to the Website, User also consents to receive electronic communications from the Company (e.g., via email). These communications may include notices about the User’s relationship with the Company. The User agrees that any notices, agreements, disclosures, or other communications that the Company send to the User electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. The User should maintain copies of electronic communications from the Company 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 the Company thinks will be of interest to the User. The User may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions or by sending the proper instructions to the support@mk-dota2.com.

5. TRADING PROCESS

5.1. The Company allows Users to submit Bids to purchase/sell Items through the Website. The procedure of trading process is detailed in a tutorial video available at: https://mk-dota2.com/how/.

5.2. The Deal is executed by the Company on the following conditions:

5.2.1. Acquisition of Inventory.

5.2.1.1. The condition for concluding Deals concerning the acquisition of the Inventory by the Company on behalf of and at the expense of the User is positive remaining balance on the User’s account reflected in the Personal Account in the amount sufficient to complete the Deal.

5.2.1.2. The User, using hardware and software of the Website, shall send the instruction to accept the Offer posted on the Website to the Contraction party.

5.2.1.3. The Company, on behalf of the User and in accordance with the instruction sent by the User in the manner provided for in paragraph 5.2.1.2 of the Agreement, accepts the Offer and accepts execution regarding the Deal from the Contracting party, and the User shall be notified thereof in the Personal Account.

5.2.1.4. After receiving the notification in accordance with paragraph 5.2.1.3 of the Agreement, the User is obliged to take actions to accept the execution from the Company, received by the Company from the Contracting party, using hardware and software of the Website.

5.2.1.5. In the event of failure to fulfill the obligations to accept execution in accordance with paragraph 5.2.1.4 of the Agreement within 4 (four) hours from the moment of sending the notification referred to in paragraph 5.2.1.3 of the Agreement, the User shall send the Company the request to transfer the Inventory, using hardware and software of the Website. The Company is obliged within 5 (five) working days to consider such request and inform the User in the Personal Cabinet about time and procedure of committing actions which the User should comply with for the acceptance of execution.

5.2.2. Alienation of Inventory

5.2.2.1. The User, using the hardware and software of the Website, shall send the application specifying the following terms of the Deal to the Company:

a) Inventory.

b) Alienation price of the Inventory.

All miscellaneous terms and conditions of the Deal are determined at the discretion of the Company.

5.2.2.2. In accordance with the application received by the Company in the manner provided for in paragraph 5.2.2.1 of the Agreement, the Company on behalf of the User places on the Website the Offer containing information about the Inventory and the price of alienation of the Inventory and addressed to all Other Users, and the User shall be notified thereof in the Personal Account.

5.2.2.3. With regard to certain Other Users to whom the Offer is sent, the Company is entitled on behalf of the User to change the terms of the Offer concerning the sale price of the Inventory by means of its reduction to the amount determined in accordance with the procedure specified in paragraph 6.1 of the Agreement.

5.2.2.4. After acceptance of the Offer by Other User, the Company shall notify the User thereof in the Personal Account.

5.2.2.5. After sending the notification of acceptance of the Offer in accordance with paragraph 5.2.2.4 of the Agreement by the Company, the User is obligated to transfer the Inventory to the Company with the purpose of its further transfer to the Contracting party.

5.2.2.6. After transferring the Inventory in accordance with paragraph 5.2.2.5 of the Agreement by the User, the Company accepts the execution regarding the Deal from the Contracting party, and the Company notifies the User thereof in the Personal Account by reflecting the amount credited to the User’s account.

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

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

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

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

5.7. Any User can make Deals through the Website and respond to Bids placed by other Users under paras 5.4.-5.5. The Company executes the Deal with the first responded User.

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

5.9. To perform a successful transaction with Items, that belongs to Valve, User should apply to the following rules:

5.9.1. Steam® Mobile was installed for at least 7 (seven) days before performing transactions with the Company to confirm the status of in-game content transaction.

5.9.2. Steam® Guard was activated on the current device for at least 15 (fifteen) days before performing transactions with the Company.

5.9.3. Steam® password was not changed for at least 5 (five) days before performing transactions with the Company. If the User’s Steam® account was inactive for the last two months, the Steam® password should not be changed for the last 30 (thirty) days before committing transactions with the Company.

The device with previously installed Steam® application was not changed for at least 7 (seven) days before performing transactions with the Company.

5.10. If any of the conditions listed in the paragraph 5.9 is not fulfilled by the User, the Company has the right to cancel transaction with or without any compensation.

6. FEES

6.1. Upon these Terms of Use, the User agrees to pay and is responsible for all applicable charges and fees for Services. Fees of the Company amounts for 10% (ten percent) of the Deal.

6.2. All fees owed by the User to the third parties (including Banks and Financial institutions) are not covered by this Terms of Use. All fees owed by the Company to the third parties (including Banks and Financial institutions) related to transferring funds to Personal account are covered by User.

6.3. Fees that are specified in paragraph 6.1 of Terms of Use, may be reduced by the Company out of funds received to execute the Deal.

6.4. The deal cannot be cancelled by the User on any step after the confirmation in the Steam® system. The deal can be cancelled unilaterally by the Company on any step based on the support expertise of the Company without further explanations. The Company undertakes to pay the exact amount stated in the email to the payment account chosen by the User from the available payment options list. If the Company is unable to do so for any reason, the Company may ask the User to provide the alternative payment account. If the User cannot provide the Company with the alternative payment information for any reason, the Company is entitled to return User’s items on its consideration. The items are no longer refundable if the Company has already performed a payout on the payment account provided by the User. The Company shall provide the withdrawal of the User’s funds, within 3 (three) working days following request of the User submitted through the Website. Withdrawal of the User’s funds is provided by transfer to the User’s payment details (check available options at https://mk-dota2.com/checkout/). There is an 8-day limit on withdrawing money on newly entered money to counter fraud transactions.

6.5. The transfer of funds to the Company could be processed via:

6.5.1. Bank transfer to the Company’s account or by payment intermediaries which have the contracts with the Company;

6.5.2. Transfer of electronic money to the account of the Company;

6.5.3. Transfer of other monetary units to the Company’s account of e-commerce payment services.

6.6. The Company is entitled to use third-party Payment Service Providers (PSP) for purchase and sale of virtual items by Users. The respective third-party PSP is primarily responsible for facilitating payment of User’s transactions. When the User uses any PSP to make a purchase or sale of items on the Website, responsibility over the User’s transaction will first be transferred to the respective PSP before it is delivered to the User. The PSP assumes primary responsibility for payment and payment-related customer support. The Company does not hold any Users’ funds by its own and uses services of only licensed PSPs for the purposes of operation with Users’ funds.

6.7. For transactions made through the PSP the privacy policy of the respective PSP shall apply to all payments and should be reviewed before making any transaction, and the PSP refund policy shall apply to all payments, unless notice is expressly provided by the relevant PSP to Users in advance. We use only the PCI DSS compliant PSP services, so the Website is suitable to the requirements for the secure processing of the User’s bank card details.

6.8. The Company does not provide any crypto-fiat, fiat-crypto or any other exchange services and does not act as such exchange.

7. DISCLAIMER

7.1. The Company expressly disclaim any warranty for work of the Website, including duties of lack of negligence and lack of workmanlike effort.

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

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

8. LIMITATION OF LIABLILITY

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

8.2. The Company shall not be liable for:

8.2.1. Hardware, software or internet connection is not functioning properly;

8.2.2. Any suspension or refusal to accept payments which the Company reasonably believes to be made fraudulently or without proper authorization;

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

8.3. The using of real money for any purchase of in-game services is against the terms and conditions for many online games. The game providers can terminate your account if you break these terms. The Company is not responsible for any actions made against your account after the transaction.

8.4. The Company does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. You use the Website and its services, any information, images or audio contained or related to the Website at your own risk.

9. LINKS TO OTHER WEBSITES

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

9.2. The Company may use the third-party Internet websites to promote its services. The Company is not responsible for the contents of such third-party websites, materials, information or services. The access and use of such websites, materials, information or services are at User’s own risk.

10. DISPUTE RESOLUTION AND REFUND POLICY

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

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

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

10.4. If you are dissatisfied with the transactions with the Company on some issues, you can notify the Company via Live Support system or email to support@mk-dota2.com. We will examine your complaint and inform you as soon as possible but no later than in two weeks after your compliant. After the examination we will inform you if we are ready to make a refund or otherwise satisfy your query.

10.5. The deal cannot be cancelled by the User on any step after the confirmation in the Steam® system. Otherwise, the Company may refund the funds to the User in accordance with the rules of the payment method the User used to make payment. If it is not possible to provide such refunds, the Company will contact the User via email and ask for another payment option or reserves the right to provide the equivalent virtual balance that can be spent only to the Company’s services within the Website in the amount of the refund.

11. MISCELLANEOUS

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

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

11.3. Any communication concerning these Terms execution and/or violation should be conducted only via User’s email and through the Company’s contact means as mentioned on the Website. The only language of the communication shall be English. The Company may provide any notice to the User under this Agreement by: posting a notice on the Website; or sending an email to the email address then associated with the User’s account.

11.4. Notices the Company provides by posting on the Website will be effective upon posting and notices the Company provides by email will be effective when such email is sent. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when the Company sends such email, whether or not you actually receive or read the email.

11.5. The Company may, at its sole discretion, assign any of its rights and/or delegate its duties (including, but not limited any and all intellectual property rights for all the intellectual property rights objects referring to the Company) to any third party at any time. User may not assign User’s rights or delegate User’s duties as Website User and any assignment or delegation without the previous written consent of the Company shall be null and void.