TERMS OF SERVICE
These Terms of Service (“Terms”) govern the contractual relationship between:
SacksCapital, LLC, doing business as (dba) BotBroker, a company governed by the laws of the State of Nevada, USA having its registered office at #400, 5348 Vegas Drive, Las Vegas, Nevada, NV89108, USA (hereinafter referred to as “SacksCapital”, “we”, “our”, and “us”) on the one hand, and
each Buyer (as defined below), Seller (as defined below), user or visitor on the other hand (collectively “you” or “your”) (i) accessing SacksCapital’s website located at https://botbroker.io (hereinafter referred to as “Website”), and/or (ii) using the Services (as defined under Section 2.2 of these Terms) and purchasing/selling the Products (as defined under Section 2.1 of these Terms).
You and SacksCapital shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the Website. Your access to the Website, your purchasing (for Buyer) or selling (for Seller) of the Products and your use of the Services (as defined below) is conditioned upon your acceptance of and compliance with these Terms.
Acceptance & Modification of the Terms
By accessing the Website, by purchasing/selling the Product(s) (as defined below) and by using the Services (defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (as defined below) and purchase/sell the Products (defined below) on the Platform (as defined below), and (ii) refrain from accessing the Website.
Your continued use of the Website, use of the Services and/or purchase/sale of the Product(s) on the Platform (as defined below) shall be deemed to constitute your acceptance of these Terms.
Products & Services
SacksCapital provides Buyers and Sellers with a Web-based Software-as-a-Service (SaaS) marketplace platform embedded in Website (as further defined under section 2.2(i) of these terms) enabling them to trade a variety of sneaker bots (“Product(s)”). The Products enhance a Buyer’s ability to purchase sneakers and clothing on third party e-commerce stores. The Products are sold by Sellers (as defined below) on SacksCapital’s Platform (as defined below).
provides software developers and all other Product owners (“Seller(s)”) with a Web-based SaaS automated live sneaker/clothing bot marketplace platform integrated into the Website (hereinafter referred to as the “Platform”) in order for each Seller to sell Seller’s Products,
provides potential/prospective Product buyers with the Platform in order for them to view, bid and purchase the Product(s) (“Buyer(s)”), and
acts as a third party intermediary and as such facilitates the sale and purchase of Products between Seller and Buyer on the Platform using PayPal Checkout as payment method,
You acknowledge that SacksCapital may change, suspend or discontinue any or all of the Services, at its sole discretion at any time, without notice and for any or no reason.
SacksCapital reserves the right to cancel or revoke, at any time and in its sole discretion, any and all Product purchase/sale transactions made between Buyer and Seller on the Platform.
Registration, Password and Security
3.1 To be able to use the Services and purchase (for the Buyer) or sell (for the Seller) the Products on the Platform, you must register on the Website by providing all required information which shall include but not be limited to your full name, email address, PayPal address and contact information. Your email address must match your PayPal address. An account shall thereafter be opened by SacksCapital for you on the Website (“User Account”). You acknowledge that SacksCapital may use your PayPal address to verify the validity of the information you have provided to us when registering for your User Account.
3.2 You agree to:
(i) provide true, accurate, current and complete information about yourself as prompted by SacksCapital’s registration process on the Website; and
(ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times.
3.3 If you provide any information to SacksCapital that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Website and (i) refuse to process any pending or future Product purchase/sale transaction(s) and/or (ii) deny you the ability to access and use the Services.
3.4 You may indicate, during registration process, to SacksCapital your choice of User Account’s username and password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. You agree to notify SacksCapital immediately of any unauthorized use of your User Account or any other breach of security. SacksCapital shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by SacksCapital due to any third party using your Login Credentials and/or User Account. You acknowledge and agree that you may not use the User Account of another Buyer or Seller registered on the Website without the express permission of such User Account holder.
Purchasing Products on the Platform
To purchase a Product on SacksCapital’s Platform a Buyer may either (i) make an offer to purchase the Product for a price acceptable to the Seller (“Bid(s)”), or (ii) purchase a specific Product listed on the Platform at Seller’s selling/asking price (“Ask(s)”).
To make a Bid, the Buyer shall provide SacksCapital with the highest price the Buyer is willing to Bid for a Product. The Buyer shall also indicate to SacksCapital the specifications the Buyer desires/prefers the Product to have including but not limited to the Product’s key/license duration, renewal period, expiration date, add-ons and capabilities.
Upon SacksCapital’s receipt of Buyer’s Bid and preferred Product specifications, Buyer acknowledges and accepts that SacksCapital shall hold Buyer’s Bid amount in escrow until SacksCapital finds a Product on the Platform which matches Buyer’s Bid amount and preferred Product specifications. The Buyer shall not receive any interest on any Bid amount held by SacksCapital in escrow for and on behalf of the Buyer and SacksCapital.
Prior to a match being found by SacksCapital for any Buyer’s Bid and preferred Product specifications, Buyer may cancel a Bid whereupon SacksCapital shall immediately revoke the escrow transaction and the funds shall be returned to Buyer within one (1) to three (3) business days.
Once SacksCapital matches a Seller’s Product listed on the Platform with a Buyer’s Bid and preferred Product specifications, SacksCapital shall (i) process and release the Bid amount (held in escrow) to Seller, and (ii) transfer the key/license associated with the sold/purchased Product to Buyer. However, prior to SacksCapital transferring the purchased Product’s key/license to Buyer, Buyer shall first confirm the Product purchase via Buyer’s PayPal dashboard. Should Buyer not confirm the Product purchase within forty-eight (48) hours after a Bid and an Ask have been matched by SacksCapital, SacksCapital may revoke the purchase and Buyer’s User Account may be closed by SacksCapital. If no Product, listed on the Platform, is matched to Buyer’s Bid and preferred Product specifications, SacksCapital will continue searching for any current and future Asks that may match the Buyer’s Bid and preferred Product specifications on the Platform.
The Buyer acknowledges and agrees that:
SacksCapital facilitates the Product purchase and sale transaction(s) between Buyer and Seller only and strictly as a third party intermediary. As such, Buyer acknowledges and agrees that any corresponding Product purchase and sale agreement shall be solely and exclusively entered into by and between Buyer and Seller;
Seller shall be solely and exclusively responsible for setting the Ask for each of Seller’s Products listed on the Platform;
Buyer may not renege/revoke Buyer’s commitment to proceed with the purchase transaction once Buyer’s Bid has been matched to a Seller’s Ask for a specific Product listed on the Platform;
all Product purchases made by Buyer on the Platform are final upon Buyer’s Bid being matched with Seller’s Ask;
all updates and technical support related to the Product(s) purchased by Buyer on the Platform shall be provided to Buyer by Seller only;
all payments or portions thereof made by Buyer and which shall be held in escrow, to purchase any Product on the Platform shall be strictly non-refundable; and
Buyer may not and shall not resell the Product(s) purchased by Buyer on the Platform to other Buyers on the Platform.
4.7 Should SacksCapital be unable to transfer Buyer’s Bid to Seller, for any reason, including but not limited to:
(i) Buyer’s Bid exceeding (a) Buyer’s credit/debit card limit, or (b) funds available on PayPal;
(ii) deactivation by Buyer or the bank of Buyer’s credit/debit card;
(iii) the termination by Buyer or PayPal of Buyer’s PayPal account; or
(iv) the Buyer requests a chargeback,
SacksCapital may then in its sole discretion:
charge Buyer an additional fee equal to (a) fifteen percent (15%) of the Bid amount; or (b) a fixed fee of fifteen American Dollars ($15.00 USD) for each Product of less than fifty dollars ($50.00 USD);
remove any or all of Buyer’s Bids from the Platform; and/or
temporarily or permanently suspend Buyer’s User Account.
4.8 If Buyer has any questions, issues and/or concerns pertaining to the Product’s key/license Buyer has received from SacksCapital, Buyer shall contact SacksCapital in writing at [email protected] (i) within forty-eight (48) hours after having received such Product’s key/license from SacksCapital, and (ii) providing a detailed description of the problem experienced by Buyer. However, any technical questions, issues and/or concerns regarding the setup and/or configuration of the Product, shall be addressed by Seller via the Seller’s Discord (https://discordapp.com/) account.
Selling Products on the Platform
Upon registering a User Account on the Website, Seller shall provide SacksCapital with Seller’s Discord account details. Seller agrees that SacksCapital may use Seller’s Discord account details for the sole purpose of verifying Seller’s ownership over the Product key/license of each Seller’s Product listed for sale on the Platform.
Seller may freely list Seller’s Product(s) on the Website provided that Seller’s Product(s) meet(s) SacksCapital’s Product requirements. Those requirements include but are not limited to Seller confirming that each Seller’s Product key/license (i) has previously been used by a third party, and (ii) is attached to Seller’s Discord account.
Once Seller has listed Seller’s Product(s) on the Platform, Seller shall create an Ask order on the Platform in which Seller shall indicate to SacksCapital the minimum price Seller would accept for a Bid made by any Buyer for Seller’s listed Product(s).
The Seller acknowledges and agrees that:
Once a Bid and an Ask are matched by SacksCapital, Seller shall automatically and accordingly enter into a binding Product sale/purchase agreement with the Buyer;
Seller shall be solely and exclusively responsible for setting/determining the Ask for any and all Seller’s Products listed for sale on the Platform;
Seller shall be solely responsible for monitoring the availability of any Seller’s Product(s) listed on the Platform to ensure that all Seller’s Products listed on the Platform truly exist, are valid and are owned by Seller;
once a Bid and an Ask are matched by SacksCapital, Seller shall not be able to cancel the sale transaction;
Seller may not and shall not purchase Seller’s own Product(s) which is/are listed on the Platform;
Seller may not and shall not list any Seller’s Product more than once on the Website; and
any sale of Seller’s Product on the Platform shall be considered fully complete/concluded only once (a) payment for such Product has been received in full by Seller from Buyer, and (b) the purchased/sold Product’s key/license has been transferred to Buyer.
SacksCapital’s Authentication Process
As soon as any Product becomes listed by a Seller on the Platform, SacksCapital shall check and verify the validity of the key/license associated with any such listed Product. Upon matching a Buyer’s Bid with a Seller’s Ask, SacksCapital shall verify the Seller’s ownership of the Product key/license via Seller’s Discord account linked to Seller’s User Account. SacksCapital shall also use the official API connections SacksCapital has with the third party software company/entity which holds the key/license of the Product(s), sold by Seller to Buyer on the Platform, in order to verify the authenticity of such Product(s).
Once all requirements (as provided under Sections 3, 4 and 5 of these Terms) for the sale and purchase of the Product(s) are met, SacksCapital shall, together with the Seller, shuffle the Product’s key/license to render the sold Product(s) unusable by Seller prior to delivering the Product’s key/license to Buyer.
Buyer acknowledges that all Products listed on the Platform are protected by various authentication protocols put in place by their respective software developers, whether they are the current owner of the Product or not, who developed the Product, so as to ensure the protection of Product owner’s intellectual property rights and personal data.
In the event of Buyer requesting a chargeback as a consequence of Buyer not receiving the purchased Product, SacksCapital shall temporarily put the Product(s) purchase transaction on hold to allow for the resolution of the dispute between Buyer and Seller. Upon resolution of the dispute, SacksCapital shall request Buyer to cancel the chargeback and the purchased Product shall be transferred to Buyer. If Buyer does not cancel the chargeback, SacksCapital reserves the right to keep the purchased Product and challenge the chargeback.
Should any third party access Buyer’s User Account fraudulently/illegally and purchase any Product on the Platform without Buyer’s agreement, the Product purchase transaction may be revoked by SacksCapital in its sole discretion. If a chargeback is made fraudulently by Buyer, SacksCapital shall cancel/revoke the Product purchase transaction and challenge the dispute to the fullest extent permissible by law.
Intermediary Fee & Taxes
As a facilitating intermediary/entity which is only a third party to any Product sale/purchase transaction(s) made on the Platform between Seller and Buyer, SacksCapital shall collect 19% of the total Product purchase/sale transaction amount (“Intermediary Fee”). Such Intermediary Fee shall be collected as follows:
SacksCapital shall collect from Buyer 9% of the Bid amount once Buyer’s Bid is matched to Seller’s Ask; and
SacksCapital shall collect from Seller 9% of the Product purchase price Seller receives from Buyer for the sale of a Product to Buyer on the Platform.
8.1.2 The Intermediary Fee shall be utilized by SacksCapital for the following purposes:
5% shall be paid to the bot companies we work with to keep your transactions safe and secure;
5% shall be used to cover our server and business costs;
3% shall cover PayPal fees; and
1% (collected from Buyer) shall be for sales tax payment purposes.
Under these Terms, the term “Taxes” shall mean taxes, charges, duties, fees, levies, and other charges of a governmental authority, including income, withholding, social security, social contribution, transfer, sales, use, value-added and all other taxes of any kind for which a Party may have any liability imposed by any governmental authority, whether disputed or not, any related charges, interest or penalties imposed by any governmental authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise.
All fees for the Products and/or Services, as illustrated on SacksCapital’s Website are exclusive of any and all Taxes.
You shall be responsible for the payment of all Taxes associated with the purchase or sale of the Products via the Platform and as part of your use of the Services. You shall not deduct from the payments due to SacksCapital, any Taxes, except as is required by applicable law.
Acceptable Use of the Website
Buyer’s and Seller’s Representations and Warranties
Each Buyer or Seller hereby represents and warrants that such Buyer’s/Seller’s access to the Website, use of the Services and purchase/sale of the Products on the Platform will:
be in accordance with these Terms;
comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States);
not be for any unlawful purposes;
not entail, imply or give rise to the publication of any illegal content;
not further any illegal activities;
not infringe upon or misappropriate any SackCapital’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights; and
not be used to create, distribute, facilitate or operate in conjunction with malware, spyware, adware, or other malicious programs or code.
Disclaimer of Warranties
12.1 Unless otherwise provided under these Terms, the Services shall be provided by SacksCapital to you "as is," and “as available” with all faults, defects, bugs, and errors.
12.2 SACKSCAPITAL HEREBY (I) DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES AND/OR TO YOUR SALE/PURCHASE (ON THE PLATFORM) AND USE OF ANY PRODUCTS; AND (II) MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE USER CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION.
13.1 All content, trademarks, data, information or information contained in any materials, or documents used in relation to the Website, Platform and Services, including but not limited to any and all copyrighted works, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, codes, information and agreements (“Materials”), are the sole and exclusive property of or are licensed to SacksCapital. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without SacksCapital’s prior written permission.
13.2 Any and all intellectual property rights in the Materials, Website, Platform and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials, Products and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“SacksCapital’s Intellectual Property Right(s)”), vests solely and exclusively in SacksCapital, its affiliates (if any), its licensors, the respective Seller or vendors, as the case may be. All rights not expressly granted by SacksCapital to you are reserved by SacksCapital. Save as expressly set out herein, you shall not acquire any right, title or interest in SacksCapital’s Intellectual Property Rights.
13.3 The Seller shall be the sole and exclusive owner of all Seller’s intellectual property rights in the Products (“Seller’s Intellectual Property Rights”) which the Seller lists on the Platform. SacksCapital may not use any of Seller’s Intellectual Property Rights for any other purpose, other than mentioned under these Terms and not without the Seller’s prior written consent. The Seller hereby grants SacksCapital the non-exclusive right to use Seller’s Intellectual Property Rights, free of charge, in connection with the sale of Seller’s Product(s) to prospective/potential Buyers on the Platform, to the extent necessary for SackCapital to (i) exercise SackCapital’s rights under these Terms, and (ii) perform SackCapital’s obligations under these Terms.
13.4 Upon the sale of any Product by Seller to Buyer on the Platform, ownership of any such Product (including all intellectual property rights in any such Product) shall pass from Seller to Buyer, whereupon Buyer shall become the sole and exclusive owner of the Product.
14.1 You agree to indemnify and hold harmless SacksCapital from and against any liability, demand, damages, cost, claim or expense arising from a third party claim arising from: (i) your violation of these Terms; (ii) your use or misuse of the Service(s) and/or Product(s); (iii) your infringement of SacksCapital’s Intellectual Property Rights; (iv) from Seller’s violation/breach of any existing agreement (e.g. license agreement) between Seller and any such third party in regard to any Product(s) sold by Seller to Buyer on the Platform (in breach of such existing agreement); and/or (v) any activities conducted by you through/on any third party website. SacksCapital shall indemnify and hold you harmless from and against any liability or expense arising from a third party claim based on any Negligence of SacksCapital. “Negligence” shall mean gross negligence or intentional misconduct.
14.2 In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.
Limitation of Liability
Third Party Links
The Products and Services are not intended to persons younger than eighteen (18) years of age. By accessing and using this Website, and by agreeing to these Terms, you warrant and represent that you are at least eighteen (18) years of age.
Suspension and Termination
19.1 SacksCapital may suspend or temporarily disable access to all or part of the Website, User Account, or Services if (i) SacksCapital suspects you of partaking in any illegal activity; (ii) SacksCapital reasonably believes that you have violated these Terms; or (iii) applicable law enforcement or other government agencies have requested SacksCapital to suspend or temporarily disable your access to the Website, Products and/or Services.
19.2 If SacksCapital breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, SacksCapital shall (i) block your access to all of the Website, (ii) prevent you from concluding any Product purchase or sale transactions on the Platform with Sellers (ii) block your use of the Services, (iii) delete all of your information associated with your User Account, including but not limited to your full name, address, contact information, email address and password, and (iii) delete all of your data in your User Account.
Non-Exclusivity. The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing, purchasing, selling or using any other third party’s products or services, even if such products or services are similar to the (i) Products traded between Buyers and Sellers on the Platform, and (ii) Services provided by SacksCapital on the Website (including the Platform).
Nothing herein is intended to limit SacksCapital’s right to provide the Services to other registered users and to facilitate Product purchase and sale transaction(s) between other registered users as a third party intermediary.
Severability. If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.
No Waiver. A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the party agreeing to the waiver.
20.4 Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to [email protected]
20.5 Entire Agreement. These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.
Governing Law & Dispute Resolution. These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of the State of Nevada, United States of America (USA). You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, only the Alternative Dispute Resolution forum in the State of Nevada shall have jurisdiction to try and adjudicate such dispute to the exclusion of the State of Nevada’s Court system.
Should you have any questions concerning these Terms and/or any issues or concerns about the Website you may contact SacksCapital at [email protected].
Effective Date: May 6th, 2020