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TERMS OF USE

Welcome to Nashflare (hereinafter referred to as “Online Store”).

The Online Store is an online e-commerce multi-vendor platform where vendors and customers (hereinafter referred to as the “Vendor” and “Customer” respectively) can sell and purchase different digital products which are listed therein, such as online games, game keys and logic data of digital accounts (the “Products”).

The Online Store is owned by Nashflare LLC, a limited liability company established under the laws of the state of Florida, USA, having its registered office address at 7901 4th St N STE 300, 33702, FL, USA (the “Company”).

By accessing and using the Online Store, you are entering into a legally binding agreement with Company (hereinafter referred to as the “Company”, “us”, “we” or “our”) in accordance with the terms and conditions as specified herein below.

Before using the Online Store, please read these Terms of Use and all other documents referred hereto. You hereby accept to be subjected to this Terms of Use in its entirety and any changes made in relation thereto. Please do not use or continue to use the Online Store if you do accept with the Terms of Use.

REGISTRATION

To sell or purchase the Products, the Vendors and the Customers shall be required to create and register an account on the Online Store. The Company reserves the right to collect different information such as name of business, email addresses, phone numbers, business identification registration number, trade name and all such information which may be reasonably required.

The instructions and rules regarding the procedure of registration can be found on the Online Store. Please follow the same to create and register the account.

You shall be eligible to create and register the account only if:

You are a natural person;

You have attained the age of 18; and

You have the authority to use and access the Online Store.

We reserve the right to request for information which is required to verify whether you are eligible or not to create and register the account.

We are entitled to suspend or terminate your account at any given time if we suspect that the Online Store is being used against or in violation of the Terms of Use.

MARKETPLACE

You hereby understand, acknowledge and agree that the Online Store is only a marketplace which connects the Customers with the Vendors, and as such, the Online Store is not in the business of sale of the Products. The Company shall not be responsible for any liability which arises from the sale of the Products in any manner whatsoever.

SALE OF PRODUCTS

Upon successful registration of the Vendor, the Vendor may list the Products on the Online Store provided that the Product does not violate with any applicable law in any manner whatsoever.

The Vendor shall be entitled to fix the price of the Products.

The Customer may purchase the Products which are listed on the Online Store. The Vendor shall be entirely responsible for the delivery of Products, if applicable.

The Customer understands that the Company shall not be liable or responsible for the availability of the Products. It is the Vendors responsibility to ensure that the Products which have been listed are available for sale to the Customers. The Customer indemnifies the Company against any loss or damage which occurs as a result of the Vendor’s failure in this regard.

PAYMENTS

All payments in respect of the Products shall be made by the Customer to the Vendor through the dashboard of the Online Store.

The Customer and the Vendor shall have payment accounts on the Online Store, through which, the payments in respect of the Products shall be made. The Vendor and Customer may connect their personal bank accounts/payment methods, as per the options available at that time, to their payments accounts on the Online Store.

Once the order has been placed by the Customer on the Online Store for the purchase of the Product or Products of the Vendor, the payments in respect thereof shall be made from the account of the Customer on the Online Store, to the account of the Vendor on the Online Store. The Vendor may then withdraw the sums from its account on the Online Store.

Before the transfer of the amount from the Customer’s payment account to Vendor’s payment account, the Company will charge and retain a certain percentage of the sale for which the payment is being made.

The Company shall not be liable for any failed transactions which occur in connection with the purchase and/or sale of the Products or on the Online Store.

REFUNDS

All Sales are final and no refund will be issued unless the item or product is not delivered, or the delivered product, item or service is not as described.

If any of these circumstances apply, the Customer holds the right for a refund within 48 hours after the start of the order.

During this timeframe the Customer is able to either dispute the order or contact the Online Store support.

The Customer does not hold the right for a refund for any of these reasons:

– The Customer communicated with the Vendor outside of nashflare.com (Discord Server, Facebook etc.)

– Regret of Purchase

– The Customer contacted Game Support (Submitting Support Ticket, Change currency or regions etc.)

– Product, Item or Service was not correctly secured after order

ELECTRONIC COMMUNICATIONS

When you use the Online Store, you may be communicating with Company or our representative electronically. Therefore, you provide us the consent to receive communications from us electronically or otherwise. This includes, but is not limited to emails, texts, push notifications or messages.

ERRORS

We do not guarantee that the Online Store is error free. The Online Store maybe subject to errors and we do not take any responsibility for the same and for any such damage that you may incur as a result of using the Online Store.

USE AND ACCESS TO ONLINE STORE

You shall not use the Online Store (i) in such manner which impairs the Online Store or other party’s use of this Online Store in any manner whatsoever; (ii) use any automatic device, application or software which is for the purposes of copying any information listed on the Online Store; (iii) use any process on the Online Store in an unauthorized manner, which includes but is not limited to disassembling of the software, website and application; (iv) attempt to breach the authentication and security measures of the Online Store, or its any database or server.

The Online Store shall only be used for lawful purposes. You shall not use the Online Store (i) in any manner which is in breach of the Terms of Use, any other applicable laws, rules and regulations; (ii) to send, receive, download, upload or use material which is incompliant with the Terms of Use; (iii) for transmission of any material which is harmful for the Online Store or the Company. These materials may include Trojan horses, viruses and other related cyber defects; (iv) for impersonation of any other person by creating misleading identity with the intention to defraud or mislead others in any manner whatsoever; or (v) in a manner to interfere with the use and enjoyment of other users of this Online Store, or in any way which could disable or damage the use of this Online Store.

CHANGES TO THE ONLINE STORE

We reserve the right to make changes to the outlook and functionality of the Online Store and the content therein. Therefore, there may also be a need to change these Terms of Use. The Company shall have the right to update these Terms of Use without any prior notice. The Company does not guarantee 24/7 unlimited access to the Online Store, or any content uploaded thereto. Such access shall be provided on a temporary basis. The Company reserves the right to withdraw, suspend, change or discontinue use and access of whole or part of the Online Store. We disclaim the liability for any damage, of any kind whatsoever, that you may incur as a result of unavailability of the Online Store.

INTELLECTUAL PROPERTY

All the content and information which is made available through the Online Store, such as graphics, texts, button icons, logos, images, audio clips, data compilations, digital downloads and the software is the sole property of Company. The same is also copyrighted and trademarked under the relevant applicable laws. You agree that all intellectual property rights and proprietary rights vests solely in Company, and you shall not claim any right, title or interest in such intellectual property for any reason whatsoever. As such, the logo, name, slogans and design of the Company is the trademark of the Company and therefore, you shall not use the same for any reason whatsoever without the prior written consent of the Company. All other trademarks that you come across on the Online Store are the trademarks of the owners and you shall not infringe upon the same for any reason whatsoever. You shall indemnify Company for any damage that it incurs as a result of breach of this intellectual property clause.

The Company further does not grant any express or implied right to you under any trademarks, copyrights or any other intellectual property connected with Company and the Online Store. Using or copying the same without the Company’ permission, except to the extent of using it for the purposes of this Terms of Use, shall be violation of applicable laws and entitle Company to applicable damages, without limitation to other remedies under the law and these Terms of Use.

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE ONLINE STORE, EITHER OCCURRING IN CONTRACT OR TORT, WHETHER FORESEEABLE OR NOT. PARTICULARLY, IN NO EVENT WHATSOEVER, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUBCONTRACTORS, LICENSORS, EMPLOYEES, DIRECTORS AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR ANY OTHER KIND OF DAMAGES, CLAIMS, INJURIES OR LOSSES WHICH ARISE DIRECTLY OR INDIRECTLY FROM THE USE OF THE ONLINE STORE OR THE SERVICES WHICH ARE ADVERTISED THROUGH THIS ONLINE STORE, IRRESPECTIVE OF WHETHER SUCH DAMAGE IS DUE TO THE RESULT OF ERRORS, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN THE ONLINE STORE.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED TO YOU BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL INFUSED IN YOUR SYSTEM.

ALL MATERIALS, INFORMATION AND CONTENT ARE MADE AVAILABLE TO ON AN AS IS AND AVAILABLE BASIS. THE COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS AND SERVICES MADE AVAILABLE TO THE CUSTOMER AND THE VENDOR ARE FREE FROM ALL VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY SHALL NOT BE LIABLE FOR ANY TECHNICAL MALFUNCTIONS THAT YOU MAY EXPERIENCE AS A RESULT OF USING THIS ONLINE STORE OR ACCESSING THE SERVICES THEREIN. YOU SHALL BE RESPONSIBLE FOR HAVING YOUR OWN VIRUS PROTECTION SOFTWARE.

THE COMPANY SHALL NOT BE LIABLE FOR ANY FRAUDS, MISREPRESENTATIONS, NEGLIGENCE, ACTS OF DISHONESTY OR ANY OTHER RELATED ACT OR OMISSION OF THE CUSTOMER OR VENDOR, AND ANY SUCH DAMAGE WHICH INCURS AS A RESULT OF THE SAME. THE CUSTOMER AND THE VENDOR HEREBY REPRESENTS AND WARRANTS THAT ANY DAMAGE THAT EITHER OF THEM INCURS AS A RESULT OF THE ACTIONS OR OMISSIONS OF THE OTHER SHALL NOT RESULT INTO ANY CAUSE OF ACTION AGAINST THE COMPANY.

THE COMPANY HEREBY DISCLAIMS LIABILITY REGARDING QUALITY, FITNESS FOR USAGE, SUITABILITY, MERCHANTABILITY, AND ANY OTHER SIMILAR WARRANTY OR GUARANTY IN RELATION TO THE PRODUCTS. THE COMPANY IS ONLY A MARKETPLACE CONNECTING THE VENDOR AND THE CUSTOMER, AND IT SHALL NOT BE CONSTRUED IN ANY MANNER WHATSOEVER TO BE THE SELLER OR PURCHASE OF THE PRODUCTS.

INDEMNIFICATION

The Customer and the Vendor hereby covenants, agrees and confirms that it shall indemnify, defend, and hold harmless Company and their respective partners, subsidiaries, affiliates, successors and assigns and their respective directors, officers, employees and agents from all liabilities, claims, suits, actions, demands, settlements, losses, judgments, costs, damages and expenses (including, without limitation, reasonable attorneys’, accountants’ and experts’ fees) arising out of or resulting from, in whole or in part: (i) any act, error or omission, whether intentional or unintentional, by the Customer or the Vendor or their officers, directors, employees or sub-administrators, related to or arising out of its obligations and responsibilities under these Terms of Use; or (ii) an actual or alleged breach by the Customer or the Vendor of any of its representations, warranties or covenants contained in these Terms of Use.

GOVERNING LAW AND DISPUTE RESOLUTION

This Terms of Use shall be governed and construed in accordance with the laws of Florida. In the event of any dispute between the Parties, the Parties shall settle the same amicably by way of negotiations.

CONTACT

You may contact us at [email protected].


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