7.1. The User acknowledges and accepts that it is strictly forbidden to, and asserts that he will refrain from:
a) using the Platform for purposes other than the use of services offered by Regake on the Platform, specified in the Terms & Conditions;
b) using the Platform for purposes not permitted by domestic or international law or aimed at the violation of such laws or third party rights, including intellectual property rights, copyrights, personality rights, or rights relating to personal data protection;
c) publishing false or misleading information, which may be detrimental to or may expose Regake, any User or third parties to any harm or damages;
d) impersonating another person or entity, whether existing or fictional or falsely maintaining to be related to any other person or entity, which may be caused or may expose Regake, any User or third parties to any harm or damages;
e) circumventing or disabling the Platform’s security;
f) defaming, offending, or deceiving other Users of the Platform;
g) breaking the Platform’s source code or any parts thereof, manipulating it in any way, or modifying, adapting, translating the Platform or any parts thereof, or creating any derivative works on its basis;
h) disturbing the Platform’s activity or disturbing other Users in using the Platform, in particular by uploading and circulating viruses or any other detrimental software such as adware, spyware, etc;
i) discovering access passwords of other Users or breaking into the accounts of other Users, including any attempts thereto;
j) making payments with the use of funds from unlawful or undisclosed sources, in particular coming from other people or stolen credit/debit/prepaid cards;
k) using the Platform for money laundering purposes or any related fraudulent or criminal activities.
7.2. Any person whose rights were violated by any content published on the Platform is obliged to notify Regake of the violation at the following email address: email@example.com or preferably through the Support section of the Platform The notifications should indicate:
a) the right violated and the confirmation of the title to such rights;
b) the data, and the location of the data on the Platform, or the website which constituted or caused the violation,
c) the evidence, including documents, proving the legal title to the data and the right to take the actions in order to protect such right,
d) statement that the User has no right to such data;
e) personal data of the person filing the notification whose rights were violated, including name, surname, residential address, email address, and in the case of legal persons - business name and the address of the registered seat, which will be processed by Regake according to the Terms & Conditions.
7.3. Upon receipt of a credible notification, Regake will immediately remove the data from the Platform and inform the User who is responsible for making available of this data on the Platform that a notification has been filed.
7.4. The User may reply to the notification by presenting the evidence which proves his rights to make available the data indicated in the notification, such as license or ownership rights to the game.
7.5. The data will be indefinitely deleted from the Platform in the case:
a) it is not possible to determine the User who made available the data on the Platform,
b) the User does not respond to the notification within fourteen days from the date when the information about such notification was sent to the user by Regake,
c) the User presents no evidence that he is entitled to make available the data,
d) the User fails to conclude an agreement with the person filing the notifications, which will allow for further publication or use of the data by the User on the Platform,
e) notification is submitted by competent authorities,
f) Regake receives credible information that the data available on the Platform is illegal or unlawful, even if no notification was filed.
8. Intellectual Property and personal data protection
8.1. Regake owns all intellectual property rights to and in the Platform, and in the materials published on it, except for the texts, photography, software or other materials uploaded, transmitted, made available or published by the Users. The intellectual property rights of Regake are protected by copyright laws around the world. All such rights are reserved.
8.2. Within the scope permitted by applicable law, by adding any content to the Platform, the User grants Regake a non-exclusive, worldwide, permanent, irrevocable and free license to use the content uploaded to the Platform. The license includes the rights to use the content for any and all purposes and in particular reproduction with use of all techniques, including digital, distribution of copies and dissemination in all channels (in particular Internet and Platform itself), replication, modification, translation, making available the work to the public in such a manner that anyone could access it at a place and time selected thereby, creation, use and disposal of works derived from the user content, any other actions related to daily operation and promotion of the Platform. By uploading any content, the User confirms that it is entitled to grant such a license (i.e. covering exploitation of any and all IP rights related to copyrightable works, databases, images of natural persons and any other objects of applicable IP laws). The license is granted for an unspecified period of time; the notice of termination may be submitted by the User the earliest along with termination of the User status with one-year notice period (effective as of the end of the calendar year). Along with the license, the User grants Regake a right to modify content uploaded to the Platform, to use and dispose of derivative works to the content uploaded to the Platform and to exercise derivative copyrights applicable thereto vis-à-vis third persons – all on the fields of exploitation listed above in this section 11.2.
8.3. Unauthorized use, copying, modification or publication of any content or materials available on the Platform without obtaining a license to do so from Regake is strictly forbidden.
8.4. Regake is a data controller User’s personal data. Your personal data will be processed by Regake for the purposes specified in these Terms and Conditions, in particular in point 6.1, for the purposes of settlement of complaints and marketing of products and services of Regake. Processing of your personal data for the above purposes is lawful as it is necessary for performance of contract concluded with the User (article 6.1 (b) of the GDPR) and for the purposes of legitimate interests pursued by Regake i.e.(article 6.1 (f) of the GDPR) i.e. marketing of own products and services of data controller. Regake uses appropriate and suitable safeguards required by provisions on personal data protection such as Standard Contractual Clauses when transferring personal data outside the EEA. The personal data will be stored for the period of 6 years from the date of their last modification. The User has the right to request from Regake access to and rectification or erasure of his/her personal data or restriction of processing or to object to processing as well as the right to data portability. The User has also the right to lodge a complaint with a supervisory authority. Collection of User’s personal data is entirely voluntary, however if the User does not provide Regake his personal data Regake will not be able to perform contract with the User and to process personal data for the purposes mentioned above. In case of any questions or inquiries concerning your personal data please contact: support@Regake.com. Regake may use User personal data, including information about User’s purchases, chosen products, amounts spent and frequency of purchases to analyze User’s preferences, interests and behavior and to make User’s profile. For example, Regake may predict User’s personal preferences and interest concerning User’s purchases based on the above information. If User consented to receive marketing electronic communication, User may receive targeted marketing communication created automatically in our databases on the basis of his/her profile. In such communication Regake may suggest offers that may be of User interest, based on User profile. Regake’s aim is to provide updates on offers or products User may like. Regake will not subject User to a decision based solely on automated processing that produces legal effects concerning User or similarly significantly affects User. support@Regake.com.
8.5. Regake uses Google Analytics and Google Remarketing web analytics services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google”). Google Analytics and Google Remarketing use "cookies” – text files which are stored on User device and allow Regake to analyze use of Regake websites. The information generated by the cookie through the use of websites is generally transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, however, IP address will be truncated in advance within the member states of the European Economic Area. Only in exceptional circumstances will the full IP address be transmitted to a Google server in the USA and truncated there. The IP address transmitted from browser in the context of Google Analytics will not be conflated with other Google data. Google will use the information to evaluate use of Regake websites, to prepare reports about websites activities for website operators, and to provide other services related to websites activity and Internet usage. Regake legitimate interest in data processing is also for these purposes. The legal basis for the use of Google Analytics is article 6.1 (f) of the GDPR. The data sent by Regake and connected to cookies, User information (such as user ID), and promotional IDs are deleted after months after the last use of website. Data whose storage period has expired is automatically deleted once a month. The User can prevent the installation of cookies by setting browser software accordingly; however, if User does this, User may not be able to use the full functionality of websites. The User can opt-out of the collection of data for the future at any time by using the Google Analytics Opt-out Browser Add-on at: https://tools.google.com/dlpage/gaoptout?hl=en Regake websites use the functions of Google Analytics Remarketing in connection with the cross-device functions of Google AdWords and Google DoubleClick. This function enables the target groups created with Google Analytics Remarketing to be linked with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-related, personalized advertising messages that were adapted to User depending on User’s previous usage and surfing behavior on one device (e.g. mobile phone) can also be displayed on another of User devices (e.g. tablet or PC). User can permanently object to cross-device remarketing/targeting by disabling personalized advertising in by following this link: https://www.google.com/settings/ads/onweb/. More information on the terms and conditions of use and data protection can be found at https://www.google.com/analytics/terms/us.html andhttps://policies.google.com/?hl=en
9.1. With regard to the Users, who do not act as consumers, Regake is not responsible with respect to any damages resulting from:
a) the use of the Platform, accessing it or the inability to use the Platform by a User due to force majeure or any other reasons beyond Regake control, including the damages caused by the viruses which may be transferred to the Platform or through the Platform by third parties;
a) violation by the User of these Terms & Conditions, including submission of false data or submission of false or untrue statements or providing access to private data or information to the third party;
b) any harm, damage, claims, compensation, nonpecuniary damages in relation to claims of one User against another User;
9.2. Regake is not responsible with respect to any damages resulting from the accounting and tax settlements of the Users as well as the compliance of their tax returns, ledgers and accounting books with the applicable laws.
9.3. Using malicious software (scripts, bots, hacks) for the purpose of gaining an unlawful advantage over the competition or to abuse any of the promotions or deals available on the Platform is prohibited. Any accounts and Users associated with such actions will be held responsible. This may result in the account(s) being terminated and any due money withheld from being returned and/or paid to the User(s).
10. Complaints procedure
10.1. Any complaints related to the services rendered by Regake, in particular with the functioning of the Platform and Customer Protection Program, should be sent by email to the following email address: firstname.lastname@example.org.
10.2. Any complaint should include a detailed description of the problem, any evidence which may serve to prove the problem and the suggested solution satisfactory for the User.
11. Affiliate program
11.1. The user can be rewarded for referring Regake.com to other users by being offered 5% commission from the purchase of the referred person.
11.2. Payment for the sale of a product will be approved to your balance after 7 days from the date of the transaction.
11.3. Minimum commission amount for withdrawal is 50 USD and maximum: 1000 USD. Payments shall be transferred via PayPal. Transaction fees shall be covered by the affiliate.
11.4. The referred user has to make a transaction within 24 hours after clicking the referral link. After that period the user should renew the process by using the link again.
11.5. Regake reserves the right to decline user’s activity and canceled all funds gathered if the activity is found suspicious or forbidden practices are applied.
11.6. Forbidden practices:
11.6.1 Using "Regake" trademark name as a keyword in PPC campaigns.
11.6.2 Using the Regake affiliate program simultaneously with other affiliate programs that include rewards for referring users.
11.6.3 Using illegal, malicious or unethical practices to advertise Regake. Pop-ups, misleading users, iframes etc.
11.6.4 Using several accounts
11.6.5 Using affiliate program for several purchases from one account in order to decrease the product price.
11.6.6 Using discount coupon websites for distributing affiliate links without prior agreement with Regake.
11.6.7 Using CPC campaings to earn affiliate commission without prior agreement with Regake
11.7. Regake affiliate program is designed for individual users. Businesses should contact Regake in regards to establishing an agreement before using the affiliate program. In specific Coupon Websites and Price Comparison Websites.
11.8. Regake reserves the right to exclude specific products and discount coupons from applying affiliate commission.
11.9. Regake reserves the right to change the terms at any time.
12. Prohibited items
12.1. It shall be prohibited to list and sell Hardware Products, trading of which infringes applicable provisions of law or rights of third parties (e.g. copyrights and other intellectual property rights as well as listing of which may be considered as infringing good practice.
12.2. Forbidden Hardware Products as mentioned in 12.1. include:
- pornographic content or sexually-oriented adult material including: adult anime items, sex toys and sex accessories, clothing (new or used), images of nudity and nude art, magazines and books, adult media, minors, other adult items, illegal and obscene items;
- alcoholic beverages,
- alive or dead animals and wildlife products
- art, artifacts, grave-related items,
- catalytic converters and test pipes,
- cell phone service contracts,
- charity and fundraising,
- used clothing,
- counterfeit currency and stamps, counterfeit Hardware Products,
- credit cards, currency,
- drugs and drug paraphernalia, psychotropic substances, intoxicants, medical drugs, medical products prescribed by doctors, devices, and healthcare,
- cable TV de-scramblers, radar scanners, and traffic signal control devices, electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices,
- embargoed goods and prohibited countries,
- event tickets,
- firearms, weapons, ammunition, gas launchers and
- food and healthcare items, plants and seeds,
- government documents, IDs, and licenses,
- government, transit, and shipping-related,
- hazardous, restricted, or regulated materials,
- human remains and body parts or organs,
- importation of goods intended only for distribution in a certain country,
- goods that are subject to specific restrictions within the jurisdiction of the buying User,
- items encouraging illegal activity,
- lottery tickets and stamps,
- databases, mailing lists and personal information, addresses of websites, information and advice that is not of a service nature,
- master diploma and bachelor theses, school leaving papers, essays and other papers of this type as well as services relating to writing such works,
- multi-level marketing, pyramid, and matrix programs as well as accounts in partnership and loyalty programs and services related thereto,
- offensive material,
- postage meters,
- prohibited services,
- real estate,
- recalled items,
- stocks and other securities such as company shares, stakes, bonds, receivables, units of participation in investments funds, insurance policies and products and all other financial instruments offered as a form of investment,
- stolen property,
- surveillance equipment,
- gold in the form of gold bars, coins or scrap gold and silver in the forms of bars and scrap.
12.3. Hardware Product description may not include inappropriate content, content that infringes applicable laws, any rights of third parties (copyrights, intellectual property rights), or these Terms and Conditions. Hardware Product description should not contain any advertisement or advertising content nor other forms promoting goods and services which are not offered within the Platform.
12.4. If Hardware Products are offered in pre-sale, its description should include information on the order completion time.
12.5. Hardware Product description description must not persuade Users to buy Hardware Product outside the Platform.