General Terms & Conditions for the purchase of Download to Own Video Games
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE.
IN THESE TERMS AND CONDITIONS WE HAVE TRIED TO BE AS ACCURATE AND SPECIFIC AS POSSIBLE; IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT OUR CUSTOMER SERVICE TEAM.
BY USING THE SERVICE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICE.
THANK YOU FOR YOUR TRUST AND HAPPY GAMING!
1. – Subject and limitations of the service:
uk.gamesplanet.com is an Internet website (hereinafter “the Site”) offering internet users who have registered to the site (hereinafter “Customers”), a download to own video game service.
The user may select a video game, download it, install it on his computer and keep it on his hard disk drive (hereinafter “the Service”).
The Service is operated by Metaboli (hereinafter the “Distributor”), a limited French company registered in Paris under the number B 438 915 415.
The Service consists in the digital delivery of video games and all associated content needed to install and run the said games (serial number or activation key, multiplayer key, bonus key…) as data files: no physical back‐up, notably CD‐rom or DVD‐rom will be sent (hereinafter “the Games” or the “Video Games”).
Furthermore, the Service can also carry, under similar conditions, other products, such as strategy guides. These Terms and Conditions apply in the exact same way to all the other products.
1.1 – Provisions for video games open to crowdfunding: The service also offers, via the crowdfunding website Ulule.com, the possibility to prebuy video games before they are released on the market. These video games are available, via Gamesplanet Lab, on a project page detailing price and available counterparts. In order to prebuy a video game available on Gamesplanet Lab, Clients must register with the crowdfunding platform Ulule.com and use the specific means of payment as made available by Ulule.com. Subscription to a video game prebuying offer implies prior acceptance of the general terms and conditions of use of Ulule.com available hereinafter, as well as of the provisions hereby mentioned.
If you have any questions regarding crowdfunding, please go to the FAQ at Ulule.com
2. – Prerequisites:
2.1 – Internet Access: The Games available to download range from dozens of megabytes to many gigabytes in size: it is therefore recommended that the Customer has a broadband internet connection, either ADSL or cable. An internet access is also required to install and launch the downloaded Games, or, depending on the Games, to reach some dedicated features (multiplayer sessions, etc...).
2.2 ‐ Account: To use the Service, you will need to create an account and you will be required to supply valid information including a valid email address. Incorrect details may result in the rejection of your order.
2.3 – Computer: The Games require a clean computer, with system specifications fulfilling a certain number of requirements (CPU power, RAM, GPU...): these specifications are indicated online on a Game per Game basis. It is the Customer’s responsibility to check that their computer fulfills the minimum requirements to run each Game. If in doubt about the specifications, please refer to article 5 – Customer Service and ask our customer service.
The Distributor will not be held responsible for misuse of the downloaded Games, nor for their compatibility with the Customer’s computer.
3. – Price & Payment:
The prices of Games advertised for sale on the Site are as set out on the Site, errors and omissions excepted. Prices may change at any time prior to acceptance of Customer’s order.
There are orders for Games that have not yet become available. For some Games, Customers will be able to make a pre‐released order or a pre‐load order using the Site. Release dates are set by the publishers and are subject to change. As a result, the Distributor is not liable for any changes to a pre‐release date.
Pre‐release, pre‐load or download orders will be supplied at the price applicable at the time of order and the sale is said to have taken place once the Customer obtained the payment confirmed page and received a confirmation email.
No bank or card details are visible by, nor stored by the Distributor or on the Site. In order to fight mounting internet fraud, the Distributor collects and records certain device identifying information such as IP addresses, as well as other non‐personally identifiable information. In addition, the Distributor has contracts in place with certain third party service providers and shares such nonpersonally identifiable information with them to provide the safest user experience. This unique official identification contractually binds you. In the absence of fraud this information will remain confidential.
4. – Customers Rights & Obligations:
4.1 – Customer ID: the Customer is responsible for maintaining the confidentiality of his accounts’ login and password, and is fully responsible for all activities that occur under this account.
The Distributor reserves the right to suspend or terminate any account if it is or appears to be used in breach of any of the provisions of these Terms & Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re‐register on the Site without the Distributor’s prior consent.
In the event of any unauthorized use of your account or any other breach of security, the Customer must notify the Distributor immediately by contacting customer services.
Note about Phishing (the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords and credit card details): The Distributor will never ask the Customer to divulge his password. Such a request would be a fraud attempt by a third party.
4.2‐ Game Delivery: The Customer can access the Games’ data files and all associated content needed to install and run said Games (serial number or activation key, multiplayer key, bonus key…) once the payment has been validated. In order to fight fraud, the Distributor may refuse or delay the delivery of some or all of this associated content should the payment not be validated. If a Customer is waiting for a Game delivery, he may contact the customer service in order to speed the payment validation process up.
4.3 – Right of Cancellation: the Customer may cancel his order at any stage before the Service is delivered. The Service is delivered once the Customer has received the downloadable links and/or any serial numbers either on the receipt page or via confirmation email.
4.4‐ Distributor cancellation & refund policy: Video Games for which the Customer has received downloadable links and/or any serial numbers are non‐refundable.
Refunds may be exceptionally offered if Customer service has determined the Customer’s refund request reasonable and if all the following conditions are met:
‐The time of the Customer’s request for refund/credit is less than 48 hours since the Service has been delivered;
‐The Game has not been activated or launched;
‐The Game serial numbers (activation key, multiplayer key, bonus key...) have not been transmitted and/or disclosed by the Customer to any third party;
-If the Game has been purchased with payment methods which do not require personal details (example PaySafeCard), then the Customer will have to provide a copy of his ID and the receipt from said payment method.
Customer service will determine if a Customer meets the foregoing criteria for a refund and may decide, according to certain payment methods, to deduct a part of the amount in order to cover the financial costs of the refund. If a Customer feels he is qualified for a refund, he will have to contact Customer service as mentioned in Section 5.
4.5 – License of Use: The payment and download of Video Games gives the Customer an individual license that is non‐exclusive for the use of the video game purchased, for a purely private, nontransferable and non‐commercial use. The Customer commits to using the Game following the Publisher’s End User License as provided during installation and/or (depending on the Game) on the Site.
In consequence, the Customer is forbidden from modifying, decompiling, translating, adapting and/or copying the downloaded game(s) in any way, except to create a copy onto a CD or DVD‐rom or any other support for personal archiving.
The distribution of non‐authorized copies to third parties over the internet or any other network prevents the development of distribution by download and prevents the right holders from any remuneration which would be used for the creation of subsequent Games. In order to prevent fraud, the Customer may only install the Games on a limited number of machines (and reinstall a limited number of times) and/or, (depending on the Game), will have to create an account directly on the Publisher’s site or any third party selected by said Publisher to launch or access dedicated features from the Game.
In the event of problems arising from the reasonable re‐installation of the game (loss, system alteration, etc.), please contact the customer service which may expand customer’s rights after having analyzed any reasonable requests.
5. – Customer Service:
The Distributor provides assistance with the Service for any questions relating to the download of, the installation of or the payment of a Game.
To receive assistance with the Service, Customers can go to the online support pages and, if they do not find the required answers, may contact the customer service using the contact form available on the Site.
In order for customer service to satisfy any request, the Customer will be required to give information that was sent to them after the purchase (sale ID), accurate information about the issue encountered and about the Customer’s computer environment.
The Distributor is not responsible for any issues linked to the Game itself. These issues are the Game Publisher’s responsibility only. The Distributor may provide links to the Game Publisher’s customer support or technical FAQ pages if and when available.
6. – Service Availability:
The Distributor commits to putting in place all the means at its disposal to ensure continued access to its Service. However the Distributor cannot guarantee the speed of download of the games, as such things are the responsibility not only of the Service but are characteristics inherent to the Internet or the delivery of a third party’s service, notably those of the Internet Service Providers (ISPs).
The Service runs via a technological environment that is under the management and the responsibility of the Customer, the Distributor is not responsible for any problems arising from this environment.
Apart from that which concerns the Service provided, and aside from the momentary degradation of the quality of the Service, notably in the event of maintenance, repair, re‐enforcement, extension or improvement of the Service, the Distributor will not, in any event, be responsible for the reliability of the data transmission, the access speed or any other eventual restrictions of the Service.
7. – Warranties:
The Consumer benefits, under the terms of each Publisher end‐user license, of a limited warranty for each Game purchased according to the present Terms and Conditions.
In any event, the responsibility and the guarantees of the Distributor are limited to the replacement of defective games or their eventual reimbursement.
The Distributor may provide a corrective patch to update the version of a Game purchased on the Site. This patch, provided for free by the Publisher is reachable from the Game’s menu itself, or from the Publisher’s website, or from the Site. For some Games, only patches provided from the Site are compatible with the versions of Games sold on the Site. The Distributor is not responsible for any issues linked to a non‐compatible patch installed by the Customer on a Game purchased on the Site.
8. Community tools:
In addition to the online selling of Games, the Distributor provides tools allowing communication between Customers (user reviews, forum posts, profiles, messages…).
8.1 – Rules of Conduct: The Distributor may delete any illicit content and, as a potential author, the Customer will be held responsible when he contributes content to the Service.
If a Customer encounters another user who is violating any of the rules of conduct, he shall report this activity to the customer service.
8.2 – Property: When a Customer contributes content to the Service, the Customer expressly grants to the Distributor a non‐exclusive, perpetual, worldwide, complete and irrevocable right to quote, repost, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind.
9. ‐ Data protection rights:
The Distributor collects information about Customers to process orders and provide the best possible service.
The Distributor is fully committed to compliance with the Directive 95/46/EC. The following principles will be applied when the Distributor handles personal information:
• Your personal information is only used with your knowledge
• Only information that we actually need is collected
• Your personal information is only seen by those who need it to do their jobs
• We will not pass your personal information on to any other organization without your agreement unless required to do so by the law
• Personal information is retained only for as long as it is required
• We will try, where necessary, to keep your information up to date
• Your information will be protected from unauthorized or accidental disclosure
• We will provide you with a copy of your personal information on request
• Inaccurate or misleading data will be corrected as soon as possible
These principles apply whether the Distributor holds Customer’s information on paper or in electronic form.
During the use of the Service, some statistical information is gathered and transmitted to our partners but this information does not contain any nominative or personal information about the Customer.
The Customer may request his personal data stored by the Distributor at any time by contacting the customer services.
10. Proof & Filing:
All data exchanged with the Customers are preserved by the Distributor under reasonable conditions of safety. The filing of these data is carried out on a reliable and durable back‐up means so as to correspond to a faithful and durable copy. In the event of conflict between the data held by the Distributor and any other document, it is expressly agreed that the aforementioned data will be recognized between the parties.
11. Epilepsy warning:
A very small portion of the population has a condition which may cause them to experience Epileptic seizures or have momentary loss of consciousness when viewing certain kinds of flashing lights or patterns. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. Certain conditions may induce previously undetected Epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you or anyone in your family has an epileptic condition or has experienced symptoms like an Epileptic condition (e.g. a seizure or loss of awareness), immediately consult your doctor before using any of the software available on this site. We recommend that parents observe their children while they play games. If you or your child experiences any of the following symptoms: dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions, DISCONTINUE USE IMMEDIATELY and consult your doctor.
12. ‐ Specific rules on the protection of minors and consumer information:
To answer the consumer’s need for information about the content of the offered Games, the Distributor systematically reproduces the classification established by the PEGI system (Pan‐ European Game Information). For more information on PEGI ratings please visit http://www.pegi.info/.
13. – General Provisions:
The Distributor reserves the right to update the Terms and Conditions at any time. The Distributor will then provide access to the new Terms and Conditions on the Site. The new Terms and Conditions will take effect immediately, and will govern all new transactions through the Site.
The laws of the United Kingdom govern these Terms & Conditions. Your use of the Service may also be subject to other local, state, national, or international laws.
The Customer must be eighteen years old to use this Site. If the Customer is under eighteen, he may only use the Site in conjunction with, and under the supervision of, a parent or guardian. If the Customer does not qualify, he is required not to use the Site.
Last updated on the 2nd of July 2012
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