Terms and Conditions
1.1 www.vgtrader.co.uk (“VG Traders”) is a platform for buying and selling video games using a virtual currency (“VG Coins”) instead of money. Our Terms of Use are about the relationship between you (or anyone acting on your behalf or with access to your account) and SwapWidget.com. So that we are clear about where we stand and what we expect from one another, these Terms of Use set out that relationship and affect your legal rights. Please read these Terms of Use before using the VG Traders website (“Site”). By using, visiting, browsing, or registering for VG Traders, you agree to be bound by the terms and conditions in these Terms of Use. If you do not agree to all the terms and conditions contained in these Terms of Use, you should not use VG Traders or become a member and have no right to be on VG Traders.
2.1 VG Traders provides the Site to you subject to the Terms of Use, which may be amended by us from time to time without notice to you. These Terms of Use constitute a binding agreement between you and VG Traders and govern your use of the Site. You are only authorised to use the Site if you agree to comply with these Terms of Use and all other relevant applicable laws.
2.2 By becoming a member of the Site you confirm that you have read, agree with and accept all the terms and conditions contained in this Terms of Use agreement. Each time you use or visit the Site you confirm your agreement to be bound by and acknowledge any changes to the Terms of Use. You also undertake to familiarise yourself with and comply with the Terms of Use provided under this agreement (as may be amended at our discretion if deemed necessary). Any significant changes to the Terms of Use will also be notified to you separately on the Site and will be effective immediately. If you do not agree with any specific changes to this Terms of Use you must terminate your membership of VG Traders. If, after any such changes to this Terms of Use, you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Terms of Use.
2.3 Subject to the above clauses, VG Traders hereby grants you permission to use the Site as set out in these Terms of Use, provided that:
i. your use of the Site is solely for your personal, noncommercial use;
ii. you will not copy or distribute any part of the Site in any medium without VG Traders prior written authorisation;
iii. you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and
iv. you will otherwise comply with the terms and conditions of these Terms of Use.
2.4 These Terms of Use are the whole agreement between you and VG Traders. Other exchanges between you and VG Traders by way of written or verbal communication are not intended to alter these Terms of Use unless expressly stated in writing and signed by you and VG Traders. These Terms of Use are effective from the 01 October 2016.
3.1 YOU ACKNOWLEDGE AND AGREE THAT VG Traders IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, VG Traders HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.
3.2 When you enter into a transaction you create a legally binding contract with another member. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to that member. You must ensure that you are aware of any laws relevant to you as a buyer or seller or laws for such other uses you make of our Site. If another member breaches any obligation to you, then you, and not VG Traders, are responsible for enforcing any rights that you may have.
3.3 Except as specifically advised otherwise on our Site, VG Traders does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy items for VG Coins's and we are not otherwise involved in the transactions and interactions between buyers and sellers. Any disputes must be resolved between the buyer and the seller and we will only become involved as set out below.
3.4 Member identification is based on submitted data by the member and VG Traders cannot and does not confirm a member's purported identity. To assist, we have established a member-initiated feedback system to help you evaluate the member you choose to deal with. We also encourage you to communicate directly with potential trading members through the tools available on our Site. Members agree to exercise their own caution in relation to the identity and reliability of other members.
3.5 Since VG Traders is not involved in the actual transaction between buyers and sellers then to the extent permitted by law VG Traders specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
3.6 VG Traders, not being a party to the transaction, does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. VG Traders may plead these Terms of Use in court to any claim, action, proceeding or suit brought by you, against VG Traders for any matter arising out of any VG Traders transaction or otherwise in respect of these Terms of Use. This clause does not affect any rights you may lawfully have against VG Traders itself for its own acts or omissions.
3.7 We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretenses. Additionally, there may be risks with international trading and dealing with foreign nationals.
4.1 VG Coins are the virtual currency of which VG Traders operates. Each VG Coin is valued at £1. VG Coins may not be redeemed or exchanged for cash (except as provided below), nor may they be transferred to another member (other than by way of a purchase/sale transaction). VG Coins do not constitute property of the member and are not transferable upon death, as part of a family law matter or otherwise by operation of law.
4.2 VG Coins are intended to facilitate transactions on the Site and are not meant to be accumulated or stockpiled. Members can spend their VG Coins at any time while they are a member. If we terminate a person’s membership in accordance with the Terms of Use, that member will lose all VG Coins standing to their credit.
4.3 VG Coins are maintained for the benefit and participation of and are available to individual members only. Each member may maintain only one account. VG Coins can only be transferred from one member to another member by undertaking a purchase / sale transaction. VG Traders reserves the right to amend the amount of VG Coins standing to a member’s credit pending the resolution of a transaction in dispute, in consequence of a breach of the Terms of Use or for any other reason deemed reasonable by VG Traders.
4.4 VG Traders reserves the right to issue bonus or top-up VG Coins as promotional offers to members at large or selectively to certain VG Traders members at any time, based upon account activity, geographic locations, membership participation or any other criteria determined at the sole discretion of VG Traders. VG Traders reserves the right to establish additional means of issuing VG Coins including making VG Coins available by way of a loan, to require loan repayment or to delete any or all of the means currently recognised, or to exclude specific types of transactions from the accumulation of VG Coins.
5.1 Postage is not included in the price of the item paid in VG Coins by the seller. As no cash changes hands, when a sale occurs, the seller pays for the real cost of postage of the item.
5.2 It is the seller’s responsibility to ship the item promptly after it has been bought by the buyer. It is the buyer’s responsibility to specify delivery to an address where safe delivery can take place. The buyer's address notified to the seller is the address that the buyer has last stated as their current address. VG Traders is not responsible for providing an accurate or authentic buyer’s address to a seller.
6.1 VG Traders may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within these Terms of Use. In the event that VG Traders changes its services, suspends, terminates or restricts your membership you may not be able to access the Site and our services temporarily or permanently and you are prohibited from applying for a new account.
6.2 Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form, legally binding contracts under applicable law (18 years of age and over) or, if those individuals are 15 years of age and over, they have parental or guardian consent. If you are under 15 years of age or do not qualify, you must not use the Site.
6.3 In order to access some features of the Site, you will have to create an account. Each member is only eligible for one account. When creating your account, should you link your Facebook profile, you authorise us to retrieve all your available details from Facebook and any additional information that you are required to provide must be accurate and complete. You are solely responsible for the activity that occurs on your account, whether it is done by you or not, so you must keep your Facebook login details and password secure. In addition, you agree to immediately notify VG Traders of any unauthorised use of your account or any other breach of security. VG Traders cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of the Terms of Use.
6.4 Your membership is not transferable. Your VG Traders account (including feedback) may not be dealt with in any way. In particular, you must not allow others to use your account, nor must you use another’s account, except with express permission and you must not transfer or sell the account to another party. While you are a member you must maintain control of your account.
6.5 By registering with VG Traders, you represent that you are of legal age to form a binding contract or you have parental or guardian consent and you are not a person barred by any laws from using the Site. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, indemnities, representations and warranties contained in these Terms of Use and that you will abide by and comply with these Terms of Use. You agree to provide true, accurate, current and complete information about yourself in all required fields on the Site. If any of your information changes, you agree to update your registration information as soon as possible. If VG Traders suspects that your information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Site.
7.1 You must legally own and be able to sell any item you list for sale on our Site. The game must play perfectly without any defects. You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing, including, but not limited to, any photographs, must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category and all listing questions must be answered accurately and correctly.
7.2 When you list an item for sale on the Site you are offering the item described, for sale at the price given in VG Coins. If you change your mind about selling the item, you can "Unlist” it; in which case it is not available for another member to buy. But once your “For Sale” item has been purchased by another member the sale cannot be cancelled and you are legally bound to complete the sale and promptly deliver the item, by post, to the buyer. If you do not complete a transaction without lawful excuse you may be in breach of your obligations to both VG Traders and the buyer and you may be liable, in addition to being attributed with negative feedback on the Site. You will be entitled to receive your VG Coins for the sale when the seller marks the item as ‘Confirm Arrival’. Your feedback rating as a seller will be indicative of your performance in relation to seller responsibilities on the Site.
7.3 Without limiting any other remedies available to VG Traders at law, in equity or under this agreement, VG Traders may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of, our Site, and you will have no claim whatsoever against VG Traders in respect of any such suspension or termination of your membership.
7.4 You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing or selling ‘knock offs' and counterfeit items regardless of how you describe them. VG Traders has a ‘zero tolerance’ policy in regard to listing items that might infringe copyright, trademark or other intellectual property rights of third parties. Where an alleged rights owner reports infringing items and asks VG Traders to remove them, those items shall be removed forthwith without further investigation or any compensation for the seller.
8.1 If you purchase an item you are obliged to complete the transaction with the seller, unless it is prohibited by law or by these Terms of Use. You cannot change your mind and rescind a purchase once you have elected to buy an item. You can however immediately resell the item on the Site. The purchase price in VG Coins will be deducted from your VG Coins account balance. If you have insufficient VG Coins you can buy extra VG Coins to complete the transaction. The purchase process is finalised when the buyer marks the item as “Received".
9.1 Feedback belongs to VG Traders although we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with the Terms of Use, without our prior written permission. You acknowledge that we have no control over what members say about you and that we are not responsible for their ratings. But we ask all members to be fair and reasonable about their feedback on other members in order to maintain the integrity of the system.
9.2 You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating or any feedback given by you.
9.3 You acknowledge that your feedback consists of ratings left by other members and an average feedback score compiled by VG Traders, and that the average number without the relevant comments does not convey your full user profile. Because feedback ratings belong to VG Traders and is not designed for any purpose other than facilitating trading between VG Traders members, you may not use your VG Traders feedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than a website operated by VG Traders.
9.4 We do not provide the technical ability to allow you to import feedback from other websites to the Site.
9.5 Any feedback scores may be amended at any time in the absolute discretion of VG Traders.
10.1 Action initiating a dispute should be taken as soon as possible after buying an item, if you are a buyer, or as soon as possible after marking the item as shipped if you are a seller (the “Cause of Action”). At first instance it is the responsibility of the aggrieved member to the dispute to contact the other and work out a solution. Often problems arise because of a misunderstanding and can be resolved by subsequent clear communication. If the dispute is still unresolved after 14 days from the Cause of Action then the aggrieved member can contact VG Traders no later than 60 days after the Cause of Action, and VG Traders will be the final arbitrator of the matter. Factors taken into account by VG Traders in resolving the dispute will be:
whether the seller has proof of postage;
whether the accused member responds to and communicates freely with the aggrieved member;
previous feedback scores of both members;
any other factors deemed relevant by VG Traders.
The decision of VG Traders, in resolving the dispute, shall be final and binding on the respective members.
11.1 VG Traders reserves the right:
to suspend or permanently remove any listing without warning;
to alter or edit any listing without warning but not to alter the number of VG Coins charged for an item;
to alter, amend or remove any feedback ratings that you may leave on the Site;
to freeze or delete a member’s account;
to debit or credit a member’s account as a result of a dispute.
You hereby represent and warrant that you will not:
-Do anything in connection with VG Traders that violates any law, regulation, or third party right;
-Publish falsehoods or misrepresentations that could damage VG Traders or any third party;
-Impersonate another person or entity;
-Use VG Traders for any illegal purpose other than to access VG Traders as such services are offered by VG Traders;
-Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other members. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petition for signatures;
- Use VG Traders for any illegal purpose, or in violation of any local, national, or international law, including, without limitation, laws governing intellectual property, and other proprietary rights, and data protection and privacy;
-Defame, harass, abuse, threaten, or defraud members, or collect;
-Fail to deliver items you have sold on VG Traders;
-Fail to ship items you have sold on VG Traders in a timely manner and within the requested shipping period;
-Artificially or purposefully manipulate item market pricing;
-place marketing materials for goods or services into a shipment to a buyer;
-Use the platform VG Traders provides to offer or transact trades off the VG Traders website.
13.1 If you have a complaint regarding the Site, you can contact us by email via the 'Contact us' page. We will deal with complaints as fast as we can.
13.2 Also you undertake to assist us to maintain the quality of the Site by bringing matters that do not reflect well on the service to our attention as soon as reasonably practical including potential breaches of these Terms of Use.
14.1 At VG Traders we recognise that members may develop cordial relationships with other members. We urge you to exercise due caution since people may not be who they say they are on the internet and their being a member of VG Traders is no guarantee of decency, reliability or honesty.
14.2 YOU SPECIFICALLY ACKNOWLEDGE THAT VG Traders SHALL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Definition
15.1 "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).
Restrictions
15.2 You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.
15.3 Your Information must not, in any way whatsoever, be potentially or actually harmful to VG Traders or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by VG Traders. The Terms of Use contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this agreement, Your Information must be up to date and kept up to date and must not:
be false, inaccurate or misleading or deceptive;
be fraudulent or involve the sale of counterfeit or stolen items;
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti discrimination and trade practices/fair trading laws);
be defamatory, libelous, threatening or harassing;
be obscene or contain any material that, in VG Traders’ sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
contain any content that is prohibited or that, in VG Traders' sole and absolute discretion, may be prohibited content.
contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any VG Traders website, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
link directly or indirectly to or include descriptions of goods or services that:
are prohibited under this agreement;
are concurrently listed for sale on a web site other than VG Trdaers' (this does not prevent linking to or advertising an VG Traders item from another web site); or
you do not have a right to link to or include.
License
15.4 Solely to enable VG Traders to use the information you supply us with, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. VG Traders will only use Your Information in accordance with our Privacy Policy
User Submissions
15.5 The interactive nature of postings on VG Traders makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by VG Traders users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by VG Traders, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Site. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Site are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
15.6 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to VG Traders, you hereby grant VG Traders a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and VG Traders' (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Site.
15.7 If you choose to post User Submissions on VG Traders web pages, we require that you adhere to generally accepted rules of etiquette and standards of behaviour, and that your use of VG Traders reflects your respect for the legal rights of users connected with VG Traders. You understand that VG Traders does not guarantee any confidentiality with respect to any User Submission.
15.8 VG Traders expressly disclaims any and all liability in connection with User Submissions. VG Traders reserves the right to remove content and User Submissions in its sole discretion and without prior notice. VG Traders also reserves the right to terminate a user's access to the Site at any time in its sole discretion and without prior notice.
Copyright Infringement.
15.9 VG Traders respects the intellectual property of others so in your use of and interactions with VG Traders and the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes T-shirt and other designs. VG Traders reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright of others, and/or to terminate the accounts of members who we believe to be infringers.
15.10 If you believe that your work has been copied or posted on the Site in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel):
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly;
Information reasonably sufficient to permit VG Traders to contact the complaining party, or their agent, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
15.11 Any person who knowingly materially misrepresents that material or activity is infringing copyright may themselves be subject to liability.
16.1 You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to VG Traders by our members or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written permission of VG Traders or of the party authorised to grant such permission.
16.2 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Site in a manner that sends more request messages to the VG Traders servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, VG Traders grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VG Traders reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
16.3 You agree not to collect or use any personally identifiable information including without limitation account names, email addresses, or other User Submissions (as defined), from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Site.
17.1 We will schedule planned downtime of the Site at off peak hours to minimise the disruption and inconvenience to members but we cannot guarantee access to the VG Traders website 100% of the time and can accept no responsibility for losses arising from any downtime.
17.2 VG Traders reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. VG Traders shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site except as expressly provided in this Terms of Use agreement.
18.1 VG Traders has a Privacy Policy which applies to all members and forms part of this Terms of Use agreement. Your registration to use the Site signifies that you have read and agree to our Privacy Policy and you will continue to be bound by its provisions (including any amendments we make to it) while you are a member of our Site.
18.2 We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy.
19.1 VG Traders may, under certain circumstances and without prior notice, immediately terminate your VG Traders account and access to the Site and any other VG Traders services. Cause for such termination shall include, but not be limited to:
breaches or violations of the Terms of Use and other incorporated agreements or policies;
requests by law enforcement or other government agencies;
a request by you (self-initiated account deletions);
discontinuance or material modification to the Site (or any part thereof);
unexpected technical or security issues or problems;
extended periods of inactivity;
engagement by you in fraudulent or illegal activities; and/or
non-payment of any fees (if applicable) owed by you in connection with the Site or any other VG Traders product.
19.2 Termination of your VG Traders account includes:
removal of access to all pages within the Site;
deletion all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and
barring of further use of the Site.
19.3 Further, you agree that all terminations for cause shall be made in VG Traders sole discretion and that VG Traders shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.
20.1 WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO VG Traders AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), REMOVE YOUR LISTING AND ANY OTHER CONTENT, DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CONTENT POSTING ACTIVITIES), SUSPEND YOUR USE OF OR REMOVE YOUR VG Coins, TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
you have, or we believe that you have, breached this Terms of Use;
we are unable to verify or authenticate any information you provide to us;
we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.
20.2 For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
20.3 If we decide to terminate your account for breach of our Terms of Use, you may not re-register. You do not have any right to have another membership.
21.1 YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VG Traders AND ANY PARENT, SUBSIDIARY, AFFILIATE, RELATED ENTITY, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF VG Traders DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
21.2 VG Traders MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE;
ANY OTHER MATTER, THING, OMISSION OR EVENT RELATED TO THE SITE.
21.3 VG Traders DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION AND VG Traders WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VG Traders OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21.4 VG Traders AND OUR AFFILIATES AND RELATED ENTITIES PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND RELATED ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIRED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.
21.5 To the extent that VG Traders and all affiliates and related entities of VG Traders are able to limit the remedies available under this agreement, VG Traders and all affiliates and related entities of VG Traders expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the remedies (the choice of which is to be at VG Traders sole discretion) in the case of goods, to their replacement or the cost of their repair or replacement and, in the case of services, to the supply of the service again or the payment of the service cost.
22.1 IN NO EVENT SHALL VG Traders OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF VG Traders, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY :
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE;
ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR ANY OTHER MATTER, THING, OMISSION OR EVENT RELATED TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL BASIS, AND WHETHER OR NOT VG Traders IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
22.2 YOU SPECIFICALLY ACKNOWLEDGE THAT VG Traders SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
22.3 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT VG Traders AND ALL AFFILIATES AND RELATED ENTITIES OF VG Traders HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.
23.1 In addition to this agreement, you must familiarise yourself with, and comply with the domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate any relevant laws governing broadcasting and fair trading.
23.2 Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
23.3 YOU ALONE, AND NOT VG Traders, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN The United Kingdom AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT.
24.1 These Terms of Use apply to all users of the Site, including users who contribute information, ideas, and other materials and services on the Site. The Site may contain links to third party websites that are not owned or controlled by VG Traders. VG Traders has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Site, you specifically release VG Traders from any and all liability arising from your use of any third-party website.
25.1 No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this agreement. In particular you have no authority to bind VG Traders, its related entities or affiliates in any way whatsoever.
25.2 No-one else other than you, the registered member and us, VG Traders, is intended to benefit from these Terms of Use.
26.1 These Terms of Use and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by VG Traders without restriction as provided in these Terms of Use.
26.2 This agreement may be assigned by VG Traders to a third party without your consent in the event of a sale or other transfer of some or all of the assets of VG Traders. In the event of any sale or transfer you will remain bound by the agreement.
27.1 The provisions of this agreement are severable, and if any provision of this agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.
27.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
27.3 No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and VG Traders failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
27.4 This agreement may not be construed adversely against us solely because we prepared it.
27.5 This agreement sets out the entire understanding and agreement between us with respect to its subject matter and will survive any termination or expiration of this agreement.
27.6 You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.