1.1 This Agreement is entered into by and between you and NETEASE (HONGKONG) LIMITED with registered office at 1/F Xiu Ping Commercial Building, 104 Jervois Street, Sheung Wan, Hong Kong (hereinafter referred to as "NetEase", "we", "us" or "our") in relation to our application or website of BUFF platform (“Services or BUFF Services”) which allows Steam-registered users to search, trade, sale and purchase Steam-supported virtual items between each other in accordance with this Agreement. You agree that by accessing our Services, you are binding to this Agreement and any guidelines or rules applicable to such Services.
1.2 We may update this Agreement and applicable guideline from time to time by posting the amended terms in our application or websites. Your continued use of our Services will be deemed as your acceptance of the updated agreement.
1.3 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2.1 BUFF is an online platform that allows Steam-registered users to search, trade, sale and purchase Steam-supported virtual items between each other in accordance with the Agreement. BUFF is not affiliated in any way with Valve Corporation and its affiliates.
2.2 By accessing our Services, you agree that the terms of any respective Steam subscriber agreements and/or terms and conditions, and/or policies shall apply to you in all respects.
2.3 During trade, sale or purchase of virtual items, BUFF acts as an intermediary between the users. BUFF does not acquire any ownership or any other proprietary rights concerning the virtual items and is not a party to any agreement between the users selling, purchasing or exchanging virtual items through BUFF. BUFF is not related to online gambling and does not run any drawings, lotteries and/or virtual casinos.
2.4 You must be at least 16 years of age to use the Service, or else you should use the Service under parental or adult supervision.
2.5 In order to use BUFF Services you must sign-in through your Steam user account provided by Valve and may affix with your own email for emergencies. By signing-in you authorize us to access and use certain Steam user account information, including, but not limited to your public Steam profile and the list of your virtual items. To know more about the personal data we collect from you and how we use it, please visit our Privacy Policy.
2.6 You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
2.7 You warrant that you are a rightful holder of all the virtual items associated with your Steam ID.
3.1 You must follow applicable laws of the jurisdiction where you are located when using our Services. If any applicable laws restrict or forbid you from using our Services, you shall follow such restrictions or stop accessing our Services.
3.2 You have all necessary and relevant experience and knowledge to deal with virtual items, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with virtual items including their purchase and use, as well as the necessary and relevant expertise and knowledge to trade, sale and/or purchase them, and accept the sole responsibility for any decisions made in respect of such items within the Service.
3.3 Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Services. You are exclusively responsible for any and all Content that you may provide via our Services, either published in public or sent in private.
3.4 You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
3.5 You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
3.6 You will not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Services, collect any information from the Services;
3.7 You will not reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Services, any Content created by others or any portion thereof, in whole or in part;
3.8 You will not remove or amend any patent notice, copyright notice or other intellectual property information in relation to our Services;
4.1 The prices, descriptions or availability of virtual items are determined by users at their sole discretion and will be described on BUFF application and/or the website and are subject to change without notice.
4.2 BUFF only acts as an intermediary between the users, and the virtual items presented on BUFF is provided “as is” and photos, images, colors, sounds or any other means of which is for reference only and implies no warranty as to the characteristics of the virtual items.
4.3 When you purchase or trade your virtual item, the prepaid money or the money you may receive from the sale of your virtual item will be saved in your BUFF balance and you may comply with the specific rules withdrawals provided by NetEase to cash-out.
4.4 When you purchase a virtual item you can either use (i) a payment method supported by a third-party payment service provider made available to you by BUFF or (ii) your BUFF balance.
4.5 You are solely responsible for reading and understanding all and any terms and conditions of any transactions once you use Buff Services and shall take all responsibilities for your conduct.
4.6 As BUFF acts as an intermediary between the users and does not acquire any ownership or any other proprietary rights concerning the virtual items, any trades and transactions between users conducted on BUFF website and/or application are final and once transacted, the virtual item shall not be returned, refunded and/or canceled.
5.1 BUFF is entitled to use multiple payment methods for the purpose of depositing BUFF balance in order to purchase, sale and/or exchange virtual items by the User (the “Payment Methods”). The respective Payment Method provider is primarily responsible for facilitating the payment of your transactions conducted on the website and/or application and providing to the user payment-related customer support.
5.2 BUFF is not responsible for any delays in payment and/or actions of the respective Payment Method provider. The terms and conditions between the Payment Method and the users who utilize the payment services are governed by separate agreements and are not subject to these Terms and Conditions.
5.3 By performing transactions via BUFF Service, you acknowledge and confirm that you are the owner of all payment accounts, bank cards or any other payment methods you use to make any payments.
5.4 All monetary transactions shall be made in US dollars and you are responsible for the payment of any fees, taxes or other costs, associated with the conduction of transactions via the Payment Method.
5.5 BUFF charge a Services fee for each specific case of exchange and/or purchase of a virtual item and Services fee rates will be published on the main page of the website and/or BUFF application.
6.1 Although we endeavor to provide the accurate and reliable Services to you, you expressly understand and acknowledge that OUR SERVICES AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
6.2 Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TO USE OUR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
7.1 In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) suspend any function provided in our Services; (iii) suspend your account; (iv) terminating your right to use our Services; (v) taking legal action against you or disclosing relevant information to law enforcement authorities and (vi) any other actions set forth in any posted guidelines and rules.
7.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
8.1 NetEase and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Services, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
8.2 The Services and all related data, content and software associated therewith shall be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Services. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Services solely for your personal use in connection with our Services. Unless expressly set forth herein, you may not otherwise reproduce, distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Services or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. Some Services may be subject to certain third party’s license such as open source license as stated in the application or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Services.
9.1 Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Services shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center.
10.1 Transfer.
You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.
10.2 Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
10.3 Severability
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
10.4 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
10.5 Contact Us
If you have any further questions this User Agreement or the privacy practices of us, please contact us at buff@service.netease.com.
10.6 Language
This Agreement may be translated into the local language in the relevant territory. In the event of a conflict between this Agreement in the English language version and the localized version, the English language version shall prevail.