Terms of services

Please read these carefully before using the www.AvePlay.com website and services offered by AvePlay. Please be informed that you are requested not to use the Site if you do not accept the Terms and Conditions, including all attachments thereto (in particular the Pricelist constituting Appendix no. 1 and Privacy Policy constituting Appendix no. 2) and all other rules related to the use and operation of the Site that may be published by AvePlay.

TERMS AND CONDITIONS

AvePlay.com

Please be informed that this document constitutes legally binding terms and conditions and defines

the legal relations as follows: between AvePlay and the User, between AvePlay and the Seller,

between the Seller and the User, between the Selling User and the User and between Users.

The Site is aimed at sales of Products to the Users, in particular product-keys in a digital form.

1. DEFINITIONS AND INTERPRETATION OF TERMS AND CONDITIONS

1.1. The following terms shall have the meaning ascribed to them below and, unless the context

clearly indicates otherwise, shall include the plural as well as the singular number:

1. AvePlay – AvePlay sp. z o.o. [limited liability company] incorporated and validly existing under the

law of the Republic of Poland, with its registered office in Warsaw at Kopernika Street No. 30/4B, 00-

336 Warsaw, entered into the register of entrepreneurs of the Polish Court Register held by District

Court in Warsaw under KRS 0000676296, NIP 5252710241, statistical number 36726126500000, email

address: company@aveplay.com, phone number: +48 517599377

2. Site – a group of websites made available on the Internet from the address: www.AvePlay.com.

3. User – any person using any of the Site’s functionalities and/or who has registered on the Site,

whereas all provisions concerning the User apply also to the Selling User, Buying User and Seller,

therefore every Selling User, Buying User and Seller possesses the status of the User at the same

time.

4. Buying User – any natural person or entrepreneur, buying Products via the Site.

5. Selling User – a natural person, who is not an entrepreneur, selling Products via the Site and

holding the rights to the Product.

6. Seller – an entrepreneur operating in any legal form who sells Products, in particular product-keys

in a digital form to Users via the Site, whereas the Seller may also purchase Products from other

Users via the Site.

7. Terms and Conditions – these terms and conditions, including all attachments thereto, in

particular the Pricelist and the Privacy Policy, as well as other rules related to the use and operation

of the Site that may be published by AvePlay regulating the use and operation of the Site.

8. Account – an Account kept on the Site for a certain User, enabling the User to use the services

offered through the Site and benefit from its full functionality.

9. Product - Product offered on the Site by the Selling User or the Seller (in particular a product-key

in a digital form), which can be downloaded and is not storaged on a material media carrier.

1.2. AvePlay reserves its right to amend Terms and Conditions in the following situations:

a) change of applicable law, requiring amendment of the Terms and Conditions,

b) change of AvePlay’s legal status, in particular, but not limited to the change of business name,

seat, legal form of conducting business activity,

c) significant change of circumstances of providing services by AvePlay, in particular connected with

introducing new services or changing the rules of providing current services.

The amendment of the Terms and Conditions shall be notified by publishing the information about

the amendment with the specification of the changes to be made, as well as by sending the above

mentioned information individually to each User via e-mail. The amendment shall come into force

and become effective after 14 days after sending the information to the User, however within this

period the User is entitled to terminate the agreement pursuant to the provisions of point 13.1 if he

or she does not agree on the amended wording of the Terms and Conditions.

1.3. AvePlay may conclude both with the Seller or the Selling User a separate, individual agreement

related to rights and obligations between certain Seller or certain Selling User and AvePlay. In case of

any conflict or discrepancy between such individual agreement and Terms and Conditions, the

individual agreement shall prevail, unless explicitly indicated otherwise. The Seller and the Selling

User hereby acknowledge and accept the fact that AvePlay may provide other Sellers or Selling Users

with individually negotiated terms and conditions of the agreement and as a part of it, may agree on

fees and commissions different than those arising from the Terms and Conditions.

1.4. All rights not expressly granted to the Users in the Terms and Conditions are reserved by AvePlay

or its owners, licensors, suppliers, publishers or other authorized persons.

1.5. The Terms and Conditions are translated both into Polish and English. In case of any

inconsistency between the both versions the Polish version shall prevail.

1.6. If any provisions hereof prove to be invalid or ineffective, it will not affect the validity of the

remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which

reflect the economic value, intention of the parties and objective of the invalid or ineffective

provisions to the highest extent.

1.7. Headings are used for reference only and in no way do they define, restrict or describe the scope

or size of any section.

1.8. Unless it is stipulated otherwise, Terms and Conditions with the Appendices thereto constitute

the entire agreement between the User and AvePlay in respect of using the Site and services of

AvePlay. As such, they supersede all previous agreements, either oral or in writing, regarding the

same subject.

2. USER’S AND SELLER’S STATEMENTS

2.1.By the fact of registration on the Site the User hereby confirms that he or she read, understood,

agreed and accepted Terms and Conditions, including all Appendices hereto without any

reservations.

2.2. Any person who is unable to conclude a legally binding agreement or a person who is not

permitted to use the Site and the services provided by AvePlay in accordance with the law of

Republic of Poland or other law applicable, including the law of a country or a region of the residence

of such person and where the services are used is hereby asked to refrain from using the Site.

2.3. The User confirms that he or she has full capacity to take legal actions, is at least 18 years old or

has reached another age which entitles the User to conclude legally binding agreements in

accordance with the applicable law.

2.4. When the User (in particular the Seller) acts for and on behalf of a third party (i.a. being a legal

person), the User hereby warrants and certifies that the User is entitled to represent the third party,

in particular to enter into obligations and incur any liabilities for and on behalf of the third party. The

acceptance of these Terms and Conditions by the User causes the same legal effect as if Terms and

Conditions were accepted by the third party.

2.5. The Seller hereby confirms that he or she is an entrepreneur and accepts the Terms and

Conditions. The Seller hereby confirms that there are no legal barriers or prohibitions preventing him

from the conclusion of any agreement with AvePlay and/or the Users through the Site.

2.6. The User hereby expresses his consent to fulfill the obligation arising from the agreement

concluded with AvePlay on providing its services directly after the agreement is entered into.

Nevertheless, The User is still entitled to withdraw from the agreement according to the provisions of

point 13.3.

2.7. The User hereby expresses his consent to fulfill the obligation arising from the agreement being

concluded on, via or as a result of using the Site directly after the agreement is entered into.

Therefore, User acknowledges that he or she might lose the right of withdrawal once the contract

has been fully performed. User is aware of the fact that he or she might not have right to withdraw

from all of the agreements which are concluded on, via or as a result of using the Site for providing

digital content which is not storaged on a material media carrier, especially connected with the

purchase of product-keys.

2.8. The User is personally responsible for observing all the terms and conditions of transactions

conducted on, via or as a result of using the Site including but not limited to the payment terms, fees,

taxes, licenses and storage.

2.9. The User hereby confirms that he or she is aware of the fact that transactions concluded on, via

or as a result of using the Site involve the risk of dealing with abusive people. AvePlay takes all

possible steps to verify the accuracy of the data and information provided by other Users during the

registration process. However, due to the fact that it is impossible to verify identity of Internet user,

AvePlay does not guarantee the alleged identity of Users (including but not limited to Sellers) and

takes no responsibility for their actions. Therefore AvePlay recommends all Users to use different

means, including common sense, to evaluate the other party to the contract.

2.10. The User hereby confirms that he or she is aware of the risk related to buying and selling on, via

or as a result of using the Site and damage which might occur regarding continuous online dealing.

Additionally AvePlay informs hereby that such risk includes but is not limited to the incorrect

calculation of cost, poor quality of the Product, failure to meet the required specifications,

misrepresentation of Products, illegal acts or Products, infringement of third party rights, defective

Products, delayed or incorrect delivery or payment. Such risk might cause for example further costs

of defense or any other costs in connection with any claims, demands or proceedings which might be

initiated. The User accepts the fact that AvePlay is not responsible and cannot be held liable for any

damage, claims, costs, harm, inconvenience, business disruptions or expenses which arise from the

risk related to buying and selling on, via or as a result of using the Site.

2.11. The User hereby gives consent to AvePlay as an administrator for processing, now and in the

future, of personal data of the User included in the register form and the order form, such as

username, name, surname, company name and the form of conducting activity (if applicable),

address or registered office, phone number, e-mail address, data of a contact person (if applicable),

the bank account number, VAT identification number (if applicable) in order to receive services

provided by AvePlay, communicate and conclude contracts with other Users, complete transactions

and settle the payments. The User has the right to access and change abovementioned personal

data, as defined in the Polish Act of August 29, 1997 on the Protection of Personal Data (Journal of

Laws of 1997, item 166 position 883, with amendments). The User hereby acknowledges that

AvePlay sp. z o.o. [limited liability company] incorporated and validly existing under the laws of the

Republic of Poland, with its registered office in Warsaw at Kopernika Street No. 30/4B, 00-336

Warsaw, entered into the register of entrepreneurs of the Polish Court Register held by District Court

in Warsaw under KRS 0000676296, NIP 5252710241, statistical number 36726126500000 will be the

administrator of the personal data of the User. The user may have the access to his or her personal

data and may alter or amend it at any time. The User might also demand the removal of his or her

personal data at any time, with the exclusion of the data necessary to provide the services of

AvePlay. The User is informed that submitting abovementioned personal data is voluntary, however

necessary to receive services provided by AvePlay, communicate and conclude contracts with other

Users and/or Sellers, complete transactions and settle the payments.

3. COMMUNICATION

3.1. AvePlay and Users communicate electronically via e-mail or by using other instruments provided

on the Site, in particular AvePlay communicates with Users by posting notices on the Site. For

contractual purposes, the User hereby consents to receive communications from AvePlay

electronically and agrees that all agreements, notices, disclosures and other communications that

AvePlay electronically provides meet any legal requirements of such communication in writing,

unless mandatory applicable laws specifically require a different form of communication.

3.2. Any communication with the administration of the Site shall be made by sending an e-mail to the

address: company@aveplay.com.

3.3. Any comments or remarks on either Users or Sellers violations of Terms and Conditions shall be

notified by sending an e-mail to the address: support@aveplay.com.

3.4. In order to use the Site the User should have an access to the Internet, as well as standard

hardware and software necessary to view websites (in particular web browsers such as Internet

Explorer, Mozilla Firefox, Google Chrome, Apple Safari, Opera). It is also necessary for the User to:

a) have a possibility to view files in .pdf format,

b) have an active e-mail account,

c) enable functioning of Java, Java Script, Flash and support of cookies.

4. THE ROLE OF AVEPLAY

4.1. A digital trading platform available on the Site is provided by AvePlay to exchange information,

and Products by presenting them on the Site and to enable concluding contracts between Sellers and

Users, Selling Users and Users as well as between Sellers by electronic means.

4.2. AvePlay is a provider of an assistance and administration services, based on supplying a digital

infrastructure to mediate in transmission, storage and sharing of data by Users. In particular AvePlay

provides regular transfer, caching and hosting services. AvePlay provides digital platform which

enables transmission of data, which can be transferred between the Users. In principle AvePlay does

not store the transmitted data, however in order to conduct transmission, AvePlay may indirectly

store the data for a short period of time and only in order to conduct transmission, but no longer

than it is normally necessary. AvePlay does not initiate the data transfer, does not choose data which

is transferred or stored and does not modify the data which is transferred or stored.

4.3. AvePlay is not a party to the contracts aforementioned in point 4.1 and does not represent the

User (in particular the Seller) in relation to any information, Product or service. AvePlay does not

control and cannot be held liable for the quality, safety, lawfulness, availability of any Product

offered for sale by the Seller or Selling User or their ability to sell, as well as ability of the User to buy.

4.4. Notwithstanding the provisions above, AvePlay may also sell its own Products and services via

the Site. In this case point 4.3 will not be applicable and AvePlay should be considered as the Seller.

5. THE ACCOUNT

5.1. In order to create the Account, the User needs to register by filling the registration form. After

successful completion of the registration form by the User and completion of all required information

in the Account, the User will have a free of charge access to the full functionality of the Site and may

use the services from any place in the world via the Internet network after entering login and

password. Unless otherwise permitted, one User is entitled to have one Account only. AvePlay

reserves its right to reject the registration or suspend the User’s Account if AvePlay suspects that the

User has or controls more than one Account. After successful completion of the registration process

the User Name cannot be changed by the User. The change of the User Name is possible only in

particular cases by the AvePlay Support Center.

5.2. In order to protect AvePlay and other Users against losses and damage caused by the use of the

Account by third parties, the User is obliged to exercise reasonable care to secure his or her access to

the Account. The User shall neither use other Users’ Accounts, nor make their Accounts available to

other Users or third parties. However it is not applicable to the Seller in terms of using Seller’s

Account by a person who is entitled to act on behalf of the Seller or entitled employee of the Seller.

In such situation AvePlay may request from the Seller a list of persons entitled to use the Account,

which shall be deliver by the Seller within 7 days from the day of sending the request by AvePlay. The

User is responsible for actions and results of actions of persons, whom they provided with the access

to the Account. AvePlay is not liable for any loss or damage caused by the use of the User’s Account

by third parties. Any unauthorized use of the Account or violation of security rules shall be notified to

AvePlay immediately by the User.

5.3. In order to enable transmission of data and execution of the contracts, to provide the best

protection of the interest of all Users and to improve the efficiency of transactions conducted on, via

or as a result of using the Site, AvePlay is entitled to verify the data of the User by requesting

presentation of proper documents or their copies/scans. AvePlay may in particular request from

natural persons not being entrepreneurs a scan of an identification document and from natural

persons being entrepreneurs, from legal persons, as well as from organizational units who act as

Sellers - presentation of proper documents which confirm: the company’s address, fact of

registration in the proper register, VAT identification number, contact data such as phone number or

email address, number of the bank account, proper representation of the entity and the

authorization to enter into obligations on the behalf of this entity. The above mentioned documents

indicated by AvePlay shall be provided within 7 days since the day of the request of AvePlay under

the pain of registration refusal or suspension of the Account, which will result in inability to sell or

buy the Products via the Site. The User agrees to provide AvePlay with all necessary information and

documents that may be required by AvePlay.

5.4. In order to enable proper tax settlement, the User is obliged to indicate his or her place of

residence (habitual residence or headquarter) in the territory of one of the countries of European

Union or in any other country, as well as to provide necessary documents pursuant to the provisions

of point 5.3. AvePlay hereby informs on its right and possibility to verify the localization of the

network device and the connection regarding the country where the process or registration is

performed. In the situation of a discrepancy between the place of residence indicated by the User

and the result of verification made by AvePlay, AvePlay reserves its right to reject the registration or

suspend the User’s Account. The User hereby accepts abovementioned reservation, agrees on the

verification of localization by AvePlay and on providing AvePlay with all information required in this

regard.

5.5. The User is obliged to exercise reasonable care to ensure that an updated e-mail address is

always assigned to the Account. In order to protect AvePlay and other Users, AvePlay reserves its

right to suspend the Account of the User if it is discovered by AvePlay that the has created his or her

e-mail address with the intent of its existence for a limited period of time.

5.6. In order to protect AvePlay, other Users and to avoid any doubt, the User will not use VPN

connection during the use of Site, unless it is necessary to run a registered business.

5.7. Due to modernization works or technical problems, AvePlay reserves its right and the possibility

of temporary unavailability of the access to the Site or to Accounts. However, AvePlay commits to

deal with such situations as soon as possible.

5.8. In the situation of putting AvePlay or other Users into danger or in case of any violation of these

Terms and Conditions or the law in force by the User, AvePlay reserves its right and possibility to

suspend or limit the User’s access to the Account. AvePlay may also inform competent authorities of

the abovementioned violation, if that would be necessary. As a result of suspension of the Account,

any funds on said Account may be blocked for the purposes connected with the use of the Site. The

access to the Account will be brought back after the case is clarified, provided that the agreement

will not be terminated.

5.9. In order to provide the best protection of the interest of all Users, the provisions prescribed in

point 5.8 should be applied in particular if the Products put on sale by the Seller or the Selling User

are faulty or had already been used or if it is discovered by AvePlay that the User provides false

information, i.a. falsely claims that the purchased Product was used, in order to extract undue

refund.

5.10. AvePlay hereby declares that the execution of the provisions of section 5 cannot violate

consumer rights.

6. AVEPLAY’S OBLIGATIONS AND RIGHTS

6.1. Under the condition of meeting all the requirements prescribed in the Terms and Conditions by

the User, AvePlay shall provide the User with the possibility to buy and/or sell Products via the Site.

6.2. AvePlay provides the Users with the necessary technical support in case of occurrence of any

problems with the functionality of the Site or the Account.

6.3. AvePlay is authorized by the Seller or the Selling User to prepare a description of Products which

are put on sale via the Site by the Seller or the Selling User. Preparation of a description by AvePlay is

free of charge. The Seller or the Selling User hereby gives his or her consent to the free of charge

preparation of a description by AvePlay, including in particular necessary alterations, modifications

and translation into other languages. The description is based on the information provided by the

Seller or the Selling User. Therefore the Seller or the Selling User is obliged to put only reliable,

verified, complete and true information in accordance with characteristic of the Product and AvePlay

is not liable for the compliance of the Product with the description, in particular if the Seller or the

Selling User provided AvePlay with unreliable, incomplete or false information.

6.4 Services (or any other functionalities incorporated into the Site) may vary for different countries

or regions. Therefore it may happen that a service or functionality of a certain type or reach may be

restricted or unavailable for some Users.

7. THE USER’S AND SELLER’S OBLIGATIONS AND RIGHTS

General Provisions

7.1. The User commits to use the Site in accordance with Terms and Conditions, the applicable

provisions of law, rules of social conduct and good practices. By using the Site the User may not

violate the law or third party rights, in particular of other Users. All Users are required to act with due

diligence and in good faith, as well as to cooperate with AvePlay Support Center.

7.2. The User hereby declares and acknowledges that he or she:

a) will use the Site in a proper way and will not use it for any illegal activities, in particular for the sale

of stolen property, use of the stolen credit/debit cards and for money laundering related activities

nor for any actions which could potentially result in a risk of AvePlay being accused of using the Site

for money laundering purposes;

b) will publish, create and distribute through the Site only the data which will not violate any

applicable provisions of law and binding agreements or rights of another entities, in particular

intellectual property rights, copyrights, trade secrets, personal rights or rights relating to personal

data protection;

c) will refrain from publishing any false or misleading information, which in particular may expose

AvePlay, Users or third parties to any harm (including spamming or phishing) or which will in any way

mislead other Users or AvePlay, in particular by providing false information on the content, type,

sources or the authors of the data published through the Site;

d) will not violate the other Users’ rights, in particular by offending or deceiving them, collecting their

personal data against their will or making attempts to gain unauthorized access to their Accounts;

e) will not engage in any kind of activity which could potentially have a negative effect on the good

name or reputation of AvePlay or on the Site;

f) will not make his or her Account available to third parties, in particular for remuneration;

g) will not make any attempts to break the source code of the Site or any parts of it or to circumvent

the Site’s security system, as well as to modify or translate the abovementioned code or any other

part of the Site, including the graphic design and other content;

h) will not take any attempts to disturb the proper functioning of the Site (in particular by uploading

viruses, adware, spyware or other undesirable software) or to interfere with other Users’ activity on

the Site by making the use of the Site difficult or impossible;

i) will not offer any Products via the Site, which are commonly offered for free or on the charity

events.

The Seller and the Selling User

7.3. The Seller or the Selling User is authorized to sell Products only in the digital form via the Site.

7.4. An agreement between a) the Seller or a Selling User and b) Buying User or the Seller buying a

Product is valid when the Buying User or the Seller buying a Product confirms the payment. All

further actions and results connected with the abovementioned agreement are regulated by

adequate laws.

7.5. By offering the Products on the Site, the Seller or the Selling User gives his or her consent to sell

the Products via Site and acknowledges that this fact constitutes a sales offer within the meaning of

the civil law, which is valid until the Product is purchased by another User or until the time of the

offer’s validity expires. The Seller or the Selling User is allowed to withdraw the offer, however such

action shall have no effect on the purchases made until the moment of withdrawal. All Sellers’ and

Selling Users’ offers, including the price and description of the Product are public, visible and

available for all Users. The Seller or the Selling User hereby acknowledges and accepts this fact.

7.6. The Seller or the Selling User determines the price of the Products which are being sold by the

Seller or the Selling User via the Site. The Seller or the Selling User can change the offer, including the

price of the Product, until the moment when the offer is accepted by the User. AvePlay collects the

commission from the net sale price of a Product determined by the Seller or the Selling User. In case

of the price change by the Seller or the Selling User, the provision above is directly applied.

7.7. The Seller and the Selling User hereby confirm that:

a) Products offered by him or her are genuine, complete and reliable, do not contain any offensive,

explicit or discriminatory content, are legally purchased and/or obtained and originate from legal

sources, are free from any defects (both legal and physical) and any third party rights and claims,

b) he or she is entitled to place and sell such Products or services and has all necessary licenses,

rights, permits and consents for the use, distribution, posting, publication, sale etc. of the Products,

in particular the right to sale through the Internet/online system, as well as that the rights are not

limited in any way,

c) Products offered via the Site by the Seller or the Selling User do not violate any third party rights,

including, but not limited to: copyrights, trademarks, patent rights, trade secrets, privacy rights,

image rights, nor any other ownership rights or intellectual property rights.

7.8. Before the User from the European Union is bound by a contract, the Seller is obliged to provide

him or her in a clear and comprehensible manner with the following information:

a) the main characteristic of the Product or service,

b) the data identifying the Seller, in particular on the name, competent authority which has

registered the economic activity and on the registration number,

c) the geographical address, the e-mail address and telephone number and/or fax number if

available, at which the Seller may be quickly and effectively contacted by the User,

d) the geographical address where the complaints can be submitted (if different from the address

provided in accordance with point (c),

e) the total price of the Product or service inclusive of taxes, or where the nature of the goods is such

that the price cannot reasonably be calculated in advance, the manner in which the price is to be

calculated, as well as, where applicable, all additional freight, delivery or postal charges and any

other costs or, where those charges cannot reasonably be calculated in advance, the fact that such

additional charges may be payable,

f) the costs for using means of distance communication for the conclusion of the contract where that

cost is calculated other than at the basic rate,

g) the arrangements for payment, delivery, performance, the time by which the Seller undertakes to

perform its obligations and the Seller’s complaint handling policy,

h) absence of a right of withdrawal in circumstances where the User loses the right of withdrawal,

i) a reminder of the existence of a legal guarantee of conformity for goods,

j) where applicable, the existence and the conditions of after sale customer assistance, after-sales

services and commercial guarantees,

k) the existence of relevant codes of conduct, as defined in point (f) of Article 2 of Directive

2005/29/EC, and how copies of them can be obtained, where applicable,

l) the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is

to be extended automatically, the conditions for terminating the contract,

m) where applicable, minimum duration of Users’ commitments arising from the contract,

n) where applicable, the existence and the conditions of deposits or other financial guarantees to be

paid or provided by the consumer at the request of the Seller,

o) where applicable, the functionality, including applicable technical protection measures, of digital

content,

p) where applicable, any relevant interoperability of digital content with hardware and software that

the Seller is aware of or can reasonably be expected to have been aware of,

r) where applicable, the possibility of having recourse to an out-of-court complaint and redress

mechanism, to which the Seller is subject, and the methods for having access to it.

7.9. The Seller shall give the information provided for in point 7.8 to User from European Union being

a consumer on paper or, if the User agrees, on another durable medium. Such user should be also

provided with a copy of the agreement or the confirmation of the agreement on paper or, if the

consumer agrees, on another durable medium. That information shall be legible and in plain,

intelligible language. AvePlay shall pass the information without making any alterations. The

obligation referred to in this point and point 7.8 above are binding only towards the Users from

European Union being consumers.

7.10. The Seller is obliged to fully cooperate with AvePlay and provide it with all information

necessary for the performance of the services of AvePlay. The address given by the Seller during the

registration process is regarded as the registered office of the Seller. Therefore any cooperating

division or subsidiary will not be deemed to be separate entities and the registered office of the

company will be deemed to be its head office. The Seller hereby acknowledges that the information

and documents received from the Seller by AvePlay are true, accurate, valid and complete. In order

to keep the information true, accurate, valid and complete, the Seller is obliged to report any

changes within 7 days. However, upon each request of AvePlay, the Seller will be obliged to provide

AvePlay with documents confirming and proving that Seller is conducting his business activity in

accordance with all applicable provisions of law (the Seller is also obliged to prove geographical

address of his seat, registration in the proper register, registration for the tax purposes as well as

holding a proper bank account). The Seller obliges himself to provide AvePlay only with the

information and documents that will be true, accurate, valid and complete.

The User

7.11. The User is obliged to read and accept the Terms and Conditions, with the particular

consideration of the provisions regarding the protection of personal data.

7.12. The User hereby confirms awareness of the fact that by purchasing the Product he or she is

granted only with the license to use it and does not acquire any copyright or ownership of the

Product or software connected with the use of the Product, nor does he or she acquire any tangible

media carrier.

7.13. The User hereby accepts the fact that AvePlay may provide him or her with information about

the Products or services offered by third parties with the use of hyperlinks. The User is advised to

read the terms and conditions of providing services by such entities and AvePlay takes no

responsibility for the results of using their websites.

7.14. After the purchase of the Product the Buying User or the Seller buying the Product is allowed to

rate each transaction by leaving positive, neutral or negative rating for the Seller or the Selling User.

8. SERVICE FEES

8.1. Joining AvePlay as well as buying items on, via or as a result of using the Site is free of charge for

all of the Users. The User needs to register and sign in to access and use the Site.

8.2 The Seller or the Selling User is charged with the fees and commissions for selling the Products via

the Site, pursuant to the Pricelist constituting an annex thereto. The fees and commissions may be

diversified depending on the Selling User’s/Seller’s type of activity and the provider of the payment

process. The amount of the commission shall be determined by reference to the net sale price of a

Product specified by the Seller or the Selling User and the cost of use of payment channel.

8.3. For the promotional purposes or in order to introduce new services, AvePlay reserves its right to

suspend or limit the commissions and other fees enlisted in the Pricelist, as well as introduce any

other special offers. Suspension, limitation or any other special offer shall be binding and effective

once it is notified by AvePlay on the Site or by any other mean of communication.

8.4. All of the transactions shall be made in Euro as a default currency, but AvePlay may at its

discretion provide the User with the possibility to denominate the transactions and the fees into any

other currency.

8.5. While making the purchase, the Buying User or the Seller buying the Product is informed about

the total price for the particular Product, as well as the costs of the use of selected payment channel.

The Buying User or the Seller buying the Product is obliged to pay the price for particular Product

(with Value Added Tax or any other tax– if applicable) and to cover the costs of the use of selected

payment channel. The payment of the Buying User or Seller buying the Product is made via chosen

payment method (for example: Tpay, Paypal, Paysafecard, Inpay, Cashu, Elavon (Credit Cards)). The

Buying User or the Seller buying the Product hereby confirms that he or she is aware of the fact that

the order needs to be fully paid to be executed by the Seller or the Selling User and that the payment

for the purchased Products is made with use of funds coming from legal sources. The cost of the use

of payment method may vary depending on the particular payment method, however it is always

listed and visible on the payment method selection page. The Buying User or the Seller buying the

Product can choose from the available payment methods, such as, but not limited to: Tpay, Paypal,

Paysafecard, Inpay, Cashu, Elavon (Credit Cards). The Buying User or the Seller buying the Product

agrees thereby for the payment to be made through sites of provider of the payment system and

states that he or she has read and accepted the terms and conditions available on such websites. To

the extent permitted by law, AvePlay shall not be liable against the Buying User or the Seller buying

the Product for any problems related to payments for which the providers of the payment systems

are responsible, in particular but not limited to delays in processing payments or inability to process

payments for technical reasons. In case of any problems related to payments the Buying User or the

Seller buying the Product shall contact the applicable provider of the payment system in accordance

with that terms and conditions of certain payment system. If the payment has not been accepted

due to AvePlay’s fault, the Buying User or the Seller buying the Product shall inform AvePlay by

sending an e-mail to the address:company@aveplay.com. In the situation when a certain payment

method would fail, AvePlay is authorized to demand payment by other method and to communicate

and indicate the payment method to the Buying User or the Seller buying the Product including all

possible additional costs of such method.

8.6. The Seller or the Selling User entitles AvePlay to charge the Buying User or the Seller buying the

Product with the full due amount. After the payment AvePlay deducts its due commissions and other

applicable fees listed on the Pricelist. The Seller or the Selling User hereby gives his or her consent for

the abovementioned deduction of AvePlay’s due commissions and other fees and retention of due

commissions and other fees on AvePlay’s bank account according to the provisions of Terms and

Conditions. After the deduction, the remaining part of the payment is immediately transferred by

AvePlay to the Seller’s or the Selling User’s Account.

8.7. The amount of the commission of AvePlay may add the amount of Value Added Tax valid at the

place of residence, headquarter or place of habitual residence on the territory of the European Union

which is connected with obligations of AvePlay in relation to Value Added Tax. The Seller and the

Selling User hereby consent for adding to the sale price of a Product specified by the Seller or the

Selling User the amount of Value Added Tax.

8.8. The User hereby affirms that he or she is not the VAT taxpayer. In the situation when the User

becomes or already is the VAT taxpayer, he or she is obliged to provide all the data required to issue

the VAT invoice by AvePlay.

8.9. In case of filing any complaint and/or demand for the refund by the Buying User or the Seller

buying the Product according to sections 9 or 11, the commissions and fees are non-returnable for

the Seller or the Selling User, which means that the latter is still charged with the fees and

commissions. This shall apply in particular but not limited to the situation when the payment shall be

returned to the Buying User or the Seller buying the Product due to any reasons attributable to the

Seller or the Selling User. The Seller or the Selling User is not entitled to any compensation from

AvePlay and AvePlay may retain the sums of commissions, compensations, contractual penalties or

any costs which should be covered by the Seller or the Selling User.

8.10. After 14 days after the payment reaching AvePlay’s bank account The Seller or the Selling User

may use the funds collected at the User’s Account for purchase of other Products or demand a

payout of the funds with the use of chosen payment method, provided that the amount of funds

exceeds the minimum amount listed in the Pricelist for particular type of payment method. However,

the Seller or Selling User will be charged for the payout according to the Pricelist. The payout should

be made without any delay, but not later than within 5 working days after the request. The Seller or

the Selling User hereby gives consent for the transfer of the payment to his or her Account to be

made by AvePlay within the period of time specified above. However, if the Product is sold as a preorder,

the payout may be requested not earlier than 14 days after the official release date of the

Product. The payout will be settled according to the requirements set by the chosen bank or

payment provider.

8.11. The funds collected by the User cannot be transferred to any other User’s Account.

9. AVEPLAY PROTECTION AND PROMOTIONAL CASHBACK

9.1. During each transaction the Buying User or the Seller buying the Products may purchase

additional protection service (hereinafter referred to as AvePlay Protection). The AvePlay Protection

is exclusive for individual Product and is assigned to certain Product to which the User purchased the

service.

9.2. The fee for AvePlay Protection is determined for individual Product and is visible while placing an

order. The fee for AvePlay Protection is non-refundable. The AvePlay Protection option may be

activated by every User or Seller buying the Products during the purchase, simply by checking the

AvePlay Protection box. After checking the AvePlay Protection box the fee for AvePlay Protection

shall be charged. AvePlay Protection allows the Buying User or the Seller buying the Products to

receive a full refund in case the purchased Product was defective or did not comply with the

description.

9.3. AvePlay Protection is an additional service which guarantees extra protection for the Buying User

or the Seller buying the Products; it does not have any influence on the scope of responsibility of the

Seller or the Selling User. It does not transfer the responsibility of the Seller or the Selling User for a

Product to AvePlay; the Seller or the Selling User is always, without any exceptions, solely responsible

for the Product.

9.4. In order to receive a full refund on the basis of AvePlay Protection the Buying User or the Seller

buying the Product is obliged to notify AvePlay of his or her demand within 14 days after the

transaction by choosing the appropriate option in the section of executed orders of the Account and

contacting AvePlay Support Center in the next step. The decision taken in favour of the Buying User

or the Seller buying the Product, in particular in case of submission of documents which confirm that

the purchased Product was defective or did not comply with the description, the Buying User or the

Seller buying the Product is provided with the refund. AvePlay provides the refund via the payment

method which was chosen by the Buying User or the Seller buying the Product during the order of

the Product. The refund is made within 14 days from receiving the request from the Buying User or

the Seller buying the Product.

9.5. AvePlay reserves the right to refuse to consider any complaint, in particular if it will be

discovered that the Buying User or the Seller buying the Product provided false, deceptive, abusive

or misleading information or was involved in any other similar activity. If the abovementioned

circumstances will be discovered after the refund is made, AvePlay will be entitled to reverse such

refund. Moreover, the refund shall not be granted to the Buying User or the Seller buying the

Product if the User’s Account was suspended or deleted due to the reasons attributable to him or

her.

9.6. The User may be granted with the ability to earn promotional cashback on each eligible purchase

of the Product (hereinafter referred to as Promotional Cashback). The Promotional Cashback may be

granted in the amount indicated during the purchase of particular Product. It is calculated as a

percentage of the net base price established by the Seller or Selling User (without taxes or additional

fees). The Promotional Cashback is deposited at the User Account’s balance and may be used during

a subsequent purchase on the Site. Only particular Products are eligible for Promotional Cashback

and AvePlay reserves the right to change the rules of granting the Promotional Cashback. The

Promotional Cashback is associated with the particular Account and may not be transferred to any

other User’s Account. The Promotional Cashback is not a discount and the price of the Product is

always set by particular Seller or Selling User. In case of any violation of the Terms and Conditions, in

particular by abusive or harmful actions of the User, AvePlay reserves its right to suspend, limit,

modify or cancel privileges connected with the Promotional Cashback. The execution of the

provisions of this point cannot violate consumer rights.

10. INTELECTUAL PROPERTY

10.1. The Seller or the Selling User is obliged to grant the Buying User or the Seller buying the

Product with a license to access and make personal use of the Product. The license is noncommercial,

limited, non-exclusive, non-transferable and non-sublicensable. The Seller or the Selling

User hereby declares and warrants that he or she has sufficient means and rights to ensure such

license. In order to receive the license the Buying User or the Seller buying the Product is obliged to

conform with the Terms and Conditions and settle all of the applicable fees.

10.2. The User grants an irrevocable, permanent and free license to AvePlay to use all the materials

published on the Site, unless the law provides otherwise. Within the use granted by this license

AvePlay may publish, copy, modify, recreate, compile and translate the content for the purposes of

its own activity.

10.3. Any content (including text, database, graphic design, photographies, videos, sounds, logos,

software, general outline, technical solutions and ideas) available on the Site constitute intellectual

property of AvePlay, with the exclusion of the content published by the Users or Sellers. The content

referred to in previous sentence is protected by intellectual property law and may constitute a

subject of copyrights, trademarks, patents, industrial design rights and other rights and provisions,

including international conventions and property rights. These materials constitute Works within the

meaning of article 1 of the Act on copyright and is subject to protection under the Polish Act on

copyright and related rights of February 4th, 1994. Furthermore the Works are protected under

international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and

the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.

They may not be used in any way (by copying, recreating, compiling etc.) without the explicit consent

of AvePlay.

11. COMPLAINTS AND ANTI-VIOLATION PROCEDURES

11.1. The User is entitled to file a complaint regarding the services provided by AvePlay and send it in

writing to AvePlay via the form of AvePlay Support Center or via e-mail to the following address:

company@aveplay.com. The complaint shall include specified objection, detailed description of the

problem and the suggested resolution which would be satisfying for the User. All claims arising from

the use of the Site should be raised within 14 days after the date on which the problem occurs.

11.2. AvePlay is obliged to resolve the problem indicated in a complaint within 14 days from day of

delivery of the complaint to AvePlay and send a reply to the User via the AvePlay Support Center or

via email to the address from which the complaint has been sent or any other address indicated by

the User.

11.3. Every Buying User and every Seller buying the Product has a right to file complaint connected

with the Product which had been purchased from the Seller or the Selling User via the Site, if the

Product is defective or does not comply with the description. All claims should be raised within 14

days after the date of purchase or if the problem occurs later – after this day. Such complaint shall be

directed to the Seller or the Selling User with the support of AvePlay. In this situation AvePlay only

supports the Buying User or the Seller buying the Product and takes necessary steps to clarify the

grounds for the complaint, but does not resolve it. In order to file the complaint the Buying User or

Seller buying the Product has to inform AvePlay Support Center by choosing the appropriate option

in the section of executed orders of the Account. AvePlay Support Center shall pass the complaint to

the Seller or the Selling User from whom the Product has been purchased. The Seller or the Selling

User is obliged to resolve the complaint within 14 days.

11.4. Due to the above mentioned right to file the complaint connected with the Product to the

Seller or the Selling User, and as a result of a potential possibility of returning the Product, AvePlay

reserves the right to withhold the payment for the Product sold by the Seller or the Selling User and

suspend the possibility to use the funds collected at the User’s Account accordingly to point 8.10, but

only if the funds are collected as a result of the purchase, to which the complaint is attributable. The

Seller or the Selling User hereby gives their consent for such withhold and suspension. If the

complaint is justified and the Seller or the Selling User will not replace the Product with the one free

of any defects, the full payment is being refund to the Buying User or the Seller buying the Product or

– if that would be impossible, i.a. due to the lack of agreement between the parties – the Buying User

or Seller buying the Product may vindicate his claims against the Seller or the Selling User at court or

in any other way.

11.5. In the event of any dispute between the Users regarding the Product purchased on the Site,

both parties are obliged to inform AvePlay in this regard through AvePlay Support Center. The

notification should be made without any delay, but not later than 14 days after the dispute is

initiated. The parties are obliged to provide AvePlay with all necessary information and documents.

AvePlay will take all reasonable steps to assist both parties with the resolution of the dispute and

both parties are obliged to fully cooperate with AvePlay. If the dispute will not be settled within

reasonable time despite AvePlay’s efforts, the parties will continue to proceed with the exclusion of

AvePlay.

11.6. If rights of the third party have been violated by the data uploaded by the User, the third party

shall notify the AvePlay. The provisions of point 11.1 shall be applied accordingly. In case of receiving

credible notification, AvePlay will remove the data from the Site and may exercise rights provided for

in Terms and Conditions, including termination of the agreement with the User. The Seller or the

Selling user may submit his reply and present evidence supporting his position (in particular

confirming his rights to the Product). The Seller or the Selling user shall act with due diligence and

take all possible steps to settle the dispute amicably. If the dispute will not be settled within

reasonable time, AvePlay will remove permanently the data, to which the complaint refers and the

parties will continue to proceed with the exclusion of AvePlay.

11.7. If AvePlay receives the information from competent authorities or from any other credible

source that the data uploaded by the User is not legal or leads to violation of any provisions of law,

AvePlay will immediately remove the data from the Site. AvePlay also reserves the right to remove

the particular data form the Site at its own discretion if it will be regarded as contrary to the Terms

and Conditions or the provisions of applicable law, as well as harmful, offensive, discriminating etc.

12. LIABILITY

12.1. Unless the applicable law provides otherwise, AvePlay will not be held responsible for:

a) any damage (including but not limited to specific, direct, indirect, punitive, incidental or

consequential damage, as well as lost of profit) incurred by the User due to the use of the Site or

caused by the lack of possibility to access the Site, if the damage will not be caused by the

circumstances attributable to AvePlay (in particular any damage being a result of downloading

viruses or other harmful software, damaging goods, samples, data, information or services obtained

via the Site, as well as infringing any third party rights or claims and/or receiving any demands),

b) the results of any violation of the applicable law by the User connected with the use of the Site

and the results thereof (in particular connected with the violation of intellectual property rights,

submitting false or misleading information and unauthorized collection or processing of the personal

data),

c) the results of any other actions of the User which may be the cause of another User’s claims,

compensation, damages (pecuniary or non-pecuniary), in which case only the User will be held liable,

with the exclusion of AvePlay,

c) the results of unauthorized access to the Account of the User by any third party, unless it will be

caused by the circumstances attributable to AvePlay,

d) the results of the inability, difficulty or limitation of the use of the Site connected with the User’s

breach of the Terms and Conditions or the provisions of law in force, in particular in case of

suspension or removal of the Account,

e) the quality and conformity of the Products sold through the Site by the Seller or Selling User,

nonperformance or improper performance by the Seller or Selling User of his or her agreement with

another User (including for whether they are fit for purpose, for their quality, legality, legal and

physical defects), any delict/tort commited by the User, which means that AvePlay will not be liable

for any claims, compensation, damages (pecuniary or non-pecuniary) and the Seller or the Selling

User will be solely responsible for any warranty, quality, durability, functioning, reliability,

merchantability or suitability for any specific purpose of the Products, unless consumers rights

protection law provides otherwise,

12.2 If any claim or complaint will be filed directly to AvePlay and will be connected with the User’s

activity, such person shall take full responsibility for his or her actions (in particular connected with

violation of intellectual property rights). When any claims connected with the actions described in

the previous sentence are brought against AvePlay, such person shall replace AvePlay in any

proceedings or – if it would not be possible - shall take part in the proceedings. The User will also

release the AvePlay from any responsibility and will cover all costs borne by AvePlay or to which

AvePlay will be forced, including costs of any kind of charges, fees, penalties, damages, legal services

etc.

12.3 The Seller or the Selling User shall be solely liable for the performance of the agreement

concluded with another User according to the applicable provisions of law, in particular for gross

violation of the Terms and Conditions, as well as the provisions of law. The gross violation of the

Terms and Conditions shall include (but will not be limited to) lack of contact with the User or

lack/insufficient explanation if a complaint is made, providing false or misleading information, failure

to perform the obligations of the Seller or the Selling User (in particular non-delivery of the Product

or service or delivery of the inadequate Product).

12.4 As far as it is permitted by applicable law and notwithstanding the abovementioned provisions,

the liability of AvePlay is limited to the amount of EUR 1.000. However, AvePlay shall be held

responsible only if the claim is sufficiently proven according to the regulations regarding the burden

of proof. The provision of the first sentence of this point shall not apply to the consumer.

12.5 AvePlay should not be held responsible for any damage caused, either directly or indirectly, by

forces of nature, agents beyond our reasonable control, including failures of the Internet, computer

hardware, telecommunications or any other equipment, blackouts, strikes, labour actions, riots,

insurrections, civil commotion, labour or material shortages, fire, flood, storms, explosions, war,

government acts, court or tribunal orders or third party negligence (Force Majeure).

12.6 The provisions of section 12 should be accordingly applied to the consumers to the extent,

which does not infringe the consumers rights.

13. TERMINATION AND WITHDRAWAL

13.1 The agreement between the User and AvePlay on providing the access to the Site is concluded

for an unspecified period of time. However it may be terminated:

a) by the User – through request of the removal of the Account (in written form or via e-mail),

whereas AvePlay will be obliged to remove it without any delay, not later than within 7 days after the

request is received and AvePlay will provide the User with the information about the receipt of the

request in a durable medium;

b) by AvePlay – through removal of User’s Account, which should be made after 14 days from

sending the information (in written form or via e-mail) regarding the removal of the Account,

whereas AvePlay is obliged to justify its decision by indicating the User’s actions underlying a

violation of Terms and Conditions by the User; however, in case of gross violation of the Terms and

Conditions, AvePlay may at its discretion terminate the agreement with immediate effect by

removing User’s Account.

13.2 Regardless of the termination of the agreement and removal of the Account, the User is obliged

to perform his obligations arising from the agreement with AvePlay and particular agreements of

purchase or sale of Products concluded before the Account was removed, in particular: to provide

the purchased Products and settle the payments due to other Users or AvePlay. AvePlay will balance

the Account of the User by transferring the amounts due to the User’s bank account within 14 days

(for the consumers) or 30 days (for other Users) from the day of the removal of the Account. If the

agreement is terminated by AvePlay, the User or Seller is not allowed to create another Account

without obtaining AvePlay’s explicit consent.

13.3 Notwithstanding the foregoing, within 14 days from the date of conclusion of the agreement

with AvePlay the User is entitled to withdraw from the agreement without giving any reason, unless

he or she has already made the offer of sell or purchase of the Product in which situation he or she

loses the right of withdrawal. To exercise the right of withdrawal the User should inform AvePlay

before the expiry of the withdrawal period of his decision to withdraw from the agreement. For this

purpose, he or she may either use the model withdrawal form as set out in Appendix No. 3 thereto or

make any other unequivocal statement setting out his decision to withdraw from the agreement. In

each case the statement should be sent in written form or to the e-mail address:

company@aveplay.com. The provisions of point 13.2 shall be applied accordingly.

14. FINAL PROVISIONS

14.1. All of the reservations, limitations and exclusions (in particular regarding the liability) under the

Terms and Conditions apply to the fullest extent permitted by law and will be effective regardless of

giving any notice or unilateral reservation to AvePlay. However, regardless of the particular

provisions prescribed above the reservations, limitations and exclusions prescribed in Terms and

Conditions do not violate any rights arising from the generally binding provisions of applicable law

(with the particular consideration of consumer rights), which shall prevail in any case of the

discrepancies.

14.2. The processing of any personal data received by the AvePlay in relation to the functioning of

the Site is made in accordance with the Privacy Policy and the User and the Seller hereby agree to it.

14.3. AvePlay is entitled to transfer the rights and obligations arising from the agreement between

AvePlay and the User to a third party, in particular the right to processing the personal data. The User

hereby confirms the consent to the transfer of rights and obligations arising from the agreement to

the third party, including the consent to transfer the personal data processed by AvePlay. The

provision of this point shall not apply to the consumer.

14.4. User may transfer rights, obligations or claims arising hereof to any third party only after

obtaining prior written consent of AvePlay.

14.5. The Terms and Conditions are governed by the laws of the Republic of Poland without

reference to their conflicting provisions.

14.6. Parties approving the Terms and Conditions are totally subject to the jurisdiction of courts in the Republic of Poland. The provision of this point shall not apply to the consumer.