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Secure Buyer Delivery Agreement

The following legal document describes the terms on which PlayerAuctions, through PlayerGuardian, offers its full protection to Buyers.

1. Introduction

By sending payment for a For Sale Offer (the “Offer”) on the PlayerAuctions website (the “Site”), you (the “Buyer”) are agreeing to the following terms with PlayerAuctions INC (“PlayerAuctions”). The Secure Buyer Delivery Agreement (the “Agreement”) is effective on June 6, 2008 for existing Buyers, and upon payment for new Buyers. This Agreement, in addition to with the Secure Seller Delivery Agreement, is intended to:
  • Educate buyers and sellers on their roles and responsibilities in order to receive the full protections of PlayerGuardian;
  • Explain the role of PlayerAuctions throughout the transaction process, and our commitment to impartially arbitrate any disputes to the fullest extent possible;
  • Support government laws and regulations;
  • Make our digital worlds a better place;
  • Provide an enjoyable buying and selling experience.
For any questions about this Agreement, please consult our help topics, and/or contact us.

2. Buying on PlayerAuctions

When buying on PlayerAuctions, the Buyer shall:
  • Accurately provide and maintain Buyer’s personal information on the Site during and after registration, verification, and payment;
  • Acknowledge full responsibility for carefully reviewing the Seller’s Offer before purchasing, including verifying that the Buyer is purchasing the correct product type in the correct market (game, server, and faction as applicable);
  • Acknowledge full responsibility for accurately providing the Buyer’s in-game character name when placing an Order;
  • Confirm delivery only after it has been completed;
  • Use the PlayerAuctions Dispute Resolution System in the event of a disagreement with the Seller;
  • Monitor the email address the Buyer registered on PlayerAuctions for any communications (the “Communication”) from or through the Site. In the event that any Communication requires action from the Buyer, the Buyer will take that action within the timeframe specified in the Communication. If a Communication requires the Buyer to accept or dispute a claim from the Seller, and the Buyer does not take a required action within the timeframe specified in the Communication, the Buyer authorizes PlayerAuctions to assume the Buyer’s acceptance of the Seller’s claim.
  • Take full responsibility for ensuring that Communications from PlayerAuctions may be successfully delivered, read, and acted upon, and will not be interrupted by spam filters or other systems.
When buying on PlayerAuctions, the Buyer shall not:
  • Violate the Offer Policy, Messaging Policy, or User Agreement;
  • Return purchased products or services to the Seller under any circumstances except when appropriately arbitrated by PlayerAuctions staff ;
  • Attempt to arbitrate or dispute the Buyer’s payment with any party other than PlayerAuctions;
  • Confirm delivery before its completion;
  • Register, or make use of more than one PlayerAuctions account;
  • Purchase any Offer created by him/herself, or an agent of him/herself.
To facilitate a protected trading environment, PlayerAuctions shall:
  • Verify the Buyer, Seller, and the Buyer’s payment;
  • Hold the Buyer’s payment until PlayerAuctions has determined the Order’s completion state;
  • Appropriately refund the Buyer for any products or services that are deemed by PlayerAuctions not to have been properly delivered;
  • Protect the Seller from payment fraud;
  • Appropriately disburse payment to the Seller, minus PlayerAuctions fees, for any products or services that are deemed by PlayerAuctions to have been properly delivered;
  • Reserve the right to prosecute the Buyer or Seller to the fullest extent of the law in the event of any fraudulent activity.

3. Dispute Resolution

In the exceptional event that the Buyer and Seller do not agree on the delivery completion state of an Order, the Buyer or Seller must file a dispute within 72 hours of the other party’s claim. Disputes must be properly filed and escalated using the PlayerAuctions Dispute Resolution System. Disputes reported in any other manner will not be accepted by PlayerAuctions and will be deemed invalid.
These exceptional circumstances are often due to an accident or simple misunderstanding. For this reason, PlayerAuctions highly recommends the Buyer and Seller to directly contact each other to properly resolve the issue through the PlayerAuctions Dispute Resolution System.
In the event that the Buyer and Seller are unable to reach an agreement on their own, or if PlayerAuctions suspects that fraudulent activity may be involved, the Order will be escalated to the PlayerAuctions Final Resolution Committee (“the Committee”). If an Order is escalated to the Committee, the Buyer and Seller authorize the Committee to act as the final arbitrator in determining the delivery completion state of the Order, and therefore determine the appropriate amounts to refund the Buyer and/or disburse to the Seller. Any decision made regarding the delivery completion state of an Order by the Committee is final, binding upon both the Buyer and the Seller, and may not be appealed.
In the event that an Order is escalated to the PlayerAuctions Final Resolution Committee, the Buyer shall:
  • Fully cooperate with PlayerAuctions and the Committee as required to resolve the dispute.
In the event that an Order is escalated to the PlayerAuctions Final Resolution Committee, the Buyer shall not:
  • Attempt to arbitrate or dispute the Buyer’s payment with any party other than PlayerAuctions and the Committee.
In the event that an Order is escalated to the PlayerAuctions Final Resolution Committee, PlayerAuctions shall:
  • Impartially arbitrate any disputes between the Buyer and Seller to the fullest extent possible;
  • Continue to hold the Buyer’s payment until the completion state of the Order has been determined by PlayerAuctions;
  • Continue to protect the Seller from payment fraud;
  • Meticulously inspect the Seller’s Delivery Evidence and verify to the fullest extent possible that the Seller has abided by the Secure Seller Delivery Agreement;
  • Verify to the fullest extent possible that the Buyer has abided by the Secure Buyer Delivery Agreement;
  • Review the trading history of the Buyer and Seller;
  • Rigorously verify the Buyer and Seller involved in the transaction, as well as a review of the Offer and Order;
  • Review any communications sent between the Buyer and Seller through the PlayerAuctions Onsite Messaging System that are related to the Order;
  • Reserve the right to perform any additional assessment or investigatory step required in the final resolution of a dispute.
In conclusion to the absolute judgment made by the PlayerAuctions Final Resolution Committee, PlayerAuctions shall:
  • Appropriately refund the Buyer, in accordance with the Committee’s judgment;
  • Appropriately disburse payment to the Seller, minus PlayerAuctions fees, in accordance with the Committee’s judgment;
  • Reserve the right to prosecute the Buyer or Seller to the fullest extent of the law in the event of any fraudulent activity.

4. Non-Compliance

In the event that the Buyer violates these policies, the Buyer may be subject to one or more of the following:
  • Offer and/or Order cancellation;
  • Reputation penalties, including the possible loss of account Honors;
  • Account suspension or permanent termination;
  • Forfeit of payment, resulting in a disbursement to the Seller, minus PlayerAuctions fees;
  • Forfeit of any obtained PlayerAuctions Market Credit;
  • Prosecution by law.

5. Fraudulent Activity

PlayerAuctions takes a firm stand against identity theft and fraud. Through PlayerGuardian, PlayerAuctions takes a variety of both orthodox and unorthodox measures to prevent, track, investigate and log fraudulent activity.
As a policy, PlayerAuctions will aggressively pursue, to the fullest extent of the law, prosecution of any individuals or groups who engage in fraudulent activity on the Site. This includes fully supplying all relevant personal, transactional, and other identifiable information to the appropriate legal authorities, including, without limitation, the Federal Bureau of Investigation (FBI), the Internet Fraud Complaint Center, the United States Postal Inspection Service, the United States Secret Service and other relevant local, state, federal, and international authorities, such that the they may complete investigations, issue arrest warrants, and make an effective prosecution.
PlayerAuctions will also report fraudulent activities to related ISPs (Internet Service Providers) for action under their Acceptable Use Policies.
In addition to the criminal cases that may be filed, PlayerAuctions may submit a separate civil case against an offender to recover any and all damages and costs (financial and otherwise) that are incurred by PlayerAuctions. PlayerAuctions takes no consideration of, and makes no exception to, how “small” the fraud is, the age of the fraudulent individual, nor that “no one was really hurt”. PlayerAuctions investigates, prosecutes, and litigates to the fullest extent possible, without regard to cost.
Conviction on Credit Card Fraud carries penalties of 10 years imprisonment and/or a $10,000 fine per U.S.C. Title 18, Section 3056, Subsection (b), and specifically authorizes the United States Secret Service to detect and arrest any person who violates any federal criminal laws relating to Credit Card Fraud and related activity in connection with computers and/or access devices.

6. Limitations

PlayerAuctions and its affiliates, directors, officers, and employees shall not be liable for any damages whatsoever resulting from any of the following:
  • A delay, failure, or disruption of the content or services delivered through the Site;
  • Actions or inactions from a game publisher, or game developer, or any agent of a game publisher, or game developer against the Buyer or Seller;
  • Unauthorized access or actions conducted by third parties through the Buyer’s PlayerAuctions account.

7. Messaging Policy

Any messages with the following content are not permitted:
  • May not contain profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene)
  • Solicitations for Want to Trade ("WTT”) offers
  • Solicitations for offsite transactions

8. Offer Policy

Offers posted on PlayerAuctions must meet the following criteria:
  • Contain valid products that fall into one of the following product types: Currency, Item, Game Accounts, Powerleveling, or Game Guide
  • Currency offers are limited to one offer per market (game and server) per seller
  • Posted under the correct offer type
  • Posted under the correct product type and category
  • Posted under the correct game, server and faction (where applicable)
  • May not contain nudity or overtly sexual, profane, or otherwise offensive content
  • May not contain profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene)
Offers for the following items are not permitted:
  • Cheats, exploits, or bots
  • Assets obtained through exploitative in-game activities
  • Want to Trade offers
  • Solicitations for offsite transactions
Offers that contain the following items are not permitted:
  • Member’s email address, phone number, instant messenger ID, or other personal information
  • URLs to other websites used as a prohibited solicitation tool
  • Nudity or overtly sexual, profane, or otherwise offensive content
  • Profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene)
The following offer types are not permitted:
  • “Want to Trade” (WTT) Offers
  • Test / Demo Offers
  • Duplicate Offers
These policies are in place to facilitate a safe, fair, and enjoyable trading environment for all members. We reserve the right to determine what content is appropriate for our site and to remove any content that we find to be inappropriate. Offers in violation of our Policies may be removed from our site without warning and can result in a loss of Honors and suspension or permanent closure of your account.

9. Feedback Policy

The following feedback comments are not permitted:
  • Profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene)
  • Personal contact information and/or diverting language
Feedback comments and replies containing any of the above are not permitted and may be removed without notice.
Members are not permitted to:
  • Manipulate the feedback ratings of any user by creating orders for the purpose of leaving negative feedback.
  • Inflate their own feedback ratings by creating invalid orders for the purpose of increasing their own positive feedback.
  • Demand refunds, discounts, free gifts, or other incentives in exchange for the removal of negative feedback.
Attempts to manipulate our feedback system, intimidate transaction partners, or misrepresent our feedback policies undermine the integrity of the feedback system and are not tolerated by PlayerAuctions. Violations of these policies can result in the suspension or permanent closure of your account.

10. Community Policy

PlayerAuctions permits one PlayerAuctions account per member. Violations of this policy may result in the permanent closure of your PlayerAuctions accounts.
Usernames that contain profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene) are not permitted on the PlayerAuctions marketplace. While PlayerAuctions will enable members to change their usernames once to resolve the issue, violations of this policy can result in the suspension or permanent closure of your account.
Members are expected to treat each other and PlayerAuctions staff with respect at all times. We understand that delays or disputes can be frustrating and complications may arise. However, we will not tolerate harassing, threatening, profane, obscene, abusive or otherwise inappropriate language sent to the PlayerAuctions members or staff.
Members are not permitted to use any services provided by PlayerAuctions.com nor any member information obtained through transactions conducted on our site for the purposes of soliciting offsite sales, generating or building email lists, advertising, or any other non-order related activity.
These policies are in place to facilitate a safe, fair, and enjoyable trading environment for all members. Violations of these policies can result in the suspension or permanent closure of your account.

11. Other Policies

PlayerAuctions is fiercely committed to providing a safe trading environment for our community. In fact, our entire business is centered on securing trades for gamers in a way that minimizes transaction risks such as delivery or payment default and/or the fraudulent misrepresentation of items. Thus, while we encourage open communication among our members, we do prohibit users from soliciting off-site trades. This means that members are not allowed to use the PlayerAuctions on-site messaging system to share information with the aim of completing a transaction outside of PlayerAuctions.
If you violate this policy, you may be subject to the following penalties: a formalwritten warning, a monetary fine taken from your security deposit, and/or the permanent suspension of your account. See provisions 3.2 and 5.4 of our User Agreement for more details.
Fraudulent behavior can be a serious violation of the law, our User Agreement, our company Mission Statement, and fundamental human ethics. Consequently, we strictly prohibit any and all forms of fraud on our platform. Do not falsely confirm delivery before delivery has in fact been made.
If you violate this policy, you will be subject to the following penalties: a formal written warning, a monetary fine taken from your security deposit, and/or the permanent suspension of your account. Please be advised that we will report serious violations to the relevant government authorities. See provisions 5 and 8 of our User Agreement for more details

12. Entire Agreement

This Agreement is a supplemental to the User Agreement promulgated on www.playerauctions.com and the terms and conditions hereunder shall be an integral part of the User Agreement.