TERMS OF USE

TERMS OF USE

Last updated: May 8, 2019

This Agreement (hereinafter "Agreement", "Terms of use" or "Terms") governs the relationship between you (hereinafter "You", "Your") and BeIngame Limited (hereinafter "We") with principal offices located at Diagorou 4, Kermia Building, office 204, 1097 Nicosia, Cyprus, with respect to Your use of BeIngame’s games and related services, including, without limitation, applications for mobile devices.

1. GENERAL PROVISIONS

1.1 These Terms of use shall govern Your use of all the games, mobile applications, game portals, game forums, chat rooms associated with the games as well as any other game services published or otherwise provided by BeIngame Limited by means of any web resource and/or the associated application store (hereinafter collectively referred to as the "Game Services").

1.2 Your use of the Game Services, the registration of an Additional Account in connection with the Game Services, the beginning of a gameplay in any game, posting a message in the forum/game chat is a proof of your unconditional consent to the terms of all of the aforesaid documents.

2. REGISTRATION OF AN ADDITIONAL ACCOUNT

2.1. In some cases, in order to use the Game Services, you will be required to create an additional account (hereinafter the "Additional Account"). To create the Additional Account, You should follow the instructions outlined on the web page of the corresponding Game Services and, among other things, You will need to fill in all the required fields of the registration form, which will also confirm your full agreement to the General Terms, these Terms and other agreements and regulations in connection with each of the relevant Game Services, for access to which you create the Additional Account. In order to be able to correctly log in, You need to fill in all data fields flagged as "required" in the form. All information, irrespective of whether it is required or optional, must be accurate.

2.2. In the game rules, We reserve the right to require that You only participate in the respective Game Services using one Additional Account ("prohibiting multi-accounts"). Even in relation to those Game Services where You are allowed to create more than one Additional Account, those multiple Additional Accounts may not communicate with one another or interact in any other manner ("prohibiting pushing"). In particular, You are not allowed to use these Additional Accounts to create an advantage for one of Your other Additional Accounts. We would like to clearly point out that breaching the prohibition on multi-accounts and/or the prohibition on pushing may result in You being immediately blocked from using the Game Services.

2.3. You are not permitted to transfer Your Additional Account to third parties.

2.4. The information provided by You in connection with creating the Additional Account is used by BeIngame Limited and/or its partners/affiliates in accordance with the standard terms and conditions of our Privacy Policy, which may be obtained from BeIngame Limited site using the following URL: http://beingame-mobile/privacy-policy.htm (hereinafter the “Privacy Policy”).

2.5. You are prohibited to distribute, use or intentionally receive information that allows access to the Primary/Additional Accounts of other users by any means. In addition, You are prohibited to provide your log in data (login and password) to other users. In case You have received information mentioned in the present sub-paragraph, You are prohibited to use such information to log in to the Primary/Additional Accounts of other users.

3. LIMITED LICENSE

3.1 The Game Services shall be used in accordance with the Terms and other agreements contained in the web pages/websites associated with the relevant Game Services (hereinafter the "Special conditions"). If there are no Special conditions governing the use of a Game, then the provisions of these Terms of use shall govern.

3.2 Starting from the time of registration of a Primary Account and/or an Additional Account and/or downloading any part of the Game Services, whichever comes first, BeIngame Limited grants You a non-exclusive, revocable, non-transferable, limited license to use the Game Services, including subsequent modifications and improvements (if any) for personal non-commercial purposes by means of access to the published games by means of downloading and installing a client portion of the Game Services (if any).*

3.3 Subject to compliance with the terms and conditions of these Terms, You have a right to:

3.4 You are not permitted to:

3.5 All rights that are not expressly granted to You under these Terms are be reserved by BeIngame Limited.

4. GAME CURRENCY USE. GAME VALUABLES CONSUMPTION

4.1 If You wish, You can purchase Game currency (in-game currency), which can be used by You solely in accordance with the conditions, specified below. Any and all fees payable for the in-game currency are non-refundable.

4.2 The in-game currency, although it has a price at the time of purchase, has no monetary value and is not subject to monetary valuation, is not a means of payment and serves a sole purpose as a means of exchange for consumed in-game valuables and purchases. The in-game currency cannot be exchanged for cash or other valuables, except for in-game valuables in the usual course of the game process.  Any unused in-game currency cannot be converted back into cash under any circumstances.

4.3 In-game currency is purchased by You by paying cash for the appropriate amount of the in-game currency using one of the approved payment methods, provided for each respective Game Services on a website associated with the respective the Game Services. The charge of the in-game currency to Your in-game account shall be made as soon as possible, however, due to circumstances beyond the control of BeIngame Limited, there may be delays in receiving payment information from the payment processing systems regarding Your in-game currency purchases. Please note that BeIngame Limited will not credit the in-game currency to Your in-game account until BeIngame Limited has received a confirmation of Your payment. If you did not receive the Game currency credit within 24 hours from the time of payment, please contact our customer service at support@beingame-mobile.com. The in-game currency shall be credited to Your account and You shall have the right to use it in connection with the respective Game Services when the corresponding payment of the purchase price for the in-game currency from You is actually received on the account of BeIngame Limited.

4.4 You can exchange the in-game currency for in-game valuables that are available at a specific time. Therefore, You acknowledge that this is the only operation You can perform with the in-game currency. For the purposes of the present Terms, You acknowledge that in-game valuables also refers to Bonus Codes that provide the possibility of obtaining bonus gifts in the Game Services.

4.5 The purchase of in-game currency and the exchange of in-game currency for in-game valuables is made by You at Your own risk. BeIngame Limited does not guarantee, that (i) the in-game valuables desired by You would be be available at the time of crediting the in-game currency to Your in-game account, (ii) You would be able to use the in-game valuables for an indefinite or desired period, (iii) You would be able to exchange in-game currency for specific or any in-game valuables for an indefinite or desired period, (iv) the characteristics or the intended use of the in-game valuables will remain unchanged for the duration of the operation or the Game Services or will meet Your expectations or preferences.

4.6 All in-game currency sales are final.  By purchasing in-game currency, as well as exchanging in-game currency for in-game valuables, You understand and agree that (i) Your access to the Game Services may be terminated according to these Terms, and/or (ii) the Game Services may be discontinued at any time for any reason, and that such events do not give rise to Your right to receive refund for any sums paid by you for any used or unused in-game currency.

4.7 The in-game valuables become available for purchase when the in-game currency is credited to and reflected in Your in-game account.

4.8 You are prohibited to sublicense, sell or attempt to sell the in-game valuables for money, or exchange the in-game valuables for value of any kind outside of the Game Services. Any such transfer or attempted transfer is prohibited and void, and will result in an immediate termination of Your Additional Account and/or Your access to the Game Services.

5. CODE OF CONDUCT

5.1 By using the Game Services, You agree to observe the following Code of conduct.

(a) General Terms of virtual communication with other users in the game forums or in game chats.

When placing any materials, data, comments, messages, information, as well as links to them (hereinafter in this section the "Content") in forums, chats, other virtual spaces designed for communication, You agree not to:

(b) Rules governing selection of a name of a game character, a name of a clan, group, user name in a game forum

The Users are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of the User at the forum the following designations:

(c) Terms of the Game Services

Terms of the Game Services that determine an order of participation in the game process, interaction with the computer (PvE) or real players (PvP), may be set for each concrete Game Services on the page, devoted to the corresponding Game Services.

6. LIABILITY FOR VIOLATION OF THESE TERMS OF USE

7. WARRANTY DISCLAIMER

UNLESS OTHERWISE EXPRESSLY PROVIDED BY A SPECIFIC WRITTEN AGREEMENT, REGULATING THE USE OF A PARTICULAR GAME SERVICE, ANY AND ALL GAME SERVICES ARE PROVIDED "AS IS", WHICH MEANS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BeIngame Limited HEREBY DISCLAIMS ANY EXPRESSED OR IMPLIED WARRANTIES THAT THE PROVIDED GAME SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL MEET INDIVIDUAL PREFERENCES AND EXPECTATIONS OF USERS. BeIngame Limited WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS FOR ENSURING CONTINUOUS OPERATION OF THE BeIngame Limited GAME SERVICES. BeIngame Limited SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF YOUR USE OF THE BeIngame Limited GAME SERVICES) AT ANY TIME TO SUSPEND OR STOP OPERATION AND/OR ACCESS TO ANY OF BeIngame Limited GAME SERVICES, FOR ALL OR SOME USERS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BeIngame Limited DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AS WELL AS GAMES PROVIDED BY BeIngame Limited OR OTHER USERS OF BeIngame Limited. BeIngame Limited DOES NOT WARRANT THAT PERFORMANCE OF YOUR PERSONAL COMPUTER OR OTHER DEVICE IS ADEQUATE TO USE BeIngame Limited GAME SERVICES. PLEASE DETERMINE IN ADVANCE THE COMPUTER SYSTEM REQUIREMENTS FOR A PARTICULAR GAME SERVICES AND WHETHER YOUR COMPUTERSYSTEM MEETS THOSE REQUIREMENTS.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BeIngame Limited SHALL NOT BE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING OUT OF LOSS AND/OR DESTRUCTION OF DATA, DAMAGES ARISING OUT OF LOSS/TERMINATION/SUSPENSION OF ACCESS TO YOUR ADDITIONAL ACCOUNT IN THE GAME, LOSSES BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE GAME AS WELL AS LOSSES/DESTRUCTION/CHANGE OF THE INFORMATION, PLACED BY THE USER AT FORUMS OR CHATS OF THE GAME. IN ANY CASE, THE LIABILITY OF BeIngame Limited TO YOU SHALL BE LIMITED TO COMPENSATION FOR ACTUAL DAMAGE, WHICH SHALL NOT EXCEED 100 EUROS. YOU MAY NOT RECEIVE ANY COMPENSATION FOR LOST PROFITS UNDER ANY CIRCUMSTANCES. BeIngame Limited SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT LOSSES TO YOU OR THIRD PARTIES CAUSED BY: (A) USE OR INABILITY TO USE OF ANY SERVICES AND/OR GAMES OF BeIngame Limited, (B) UNAUTHORIZED ACCESS OF ANY THIRD PARTIES TO PERSONAL INFORMATION OF THE USER, INCLUDING, WITHOUT LIMITATION, THE ADDITIONAL ACCOUNT OF THE USER, YOUR INTRA GAME ACCOUNT IN THE GAME, AND (C) STATEMENTS OR BEHAVIOR OF ANY THIRD PARTY IN THE GAME, IN FORUMS, OR IN GAME CHATS. BeIngame Limited SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF BeIngame Limited, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND BeIngame Limited’S CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.

9. DATA AND INFORMATION SECURITY

9.1 You provide any and all information to BeIngame Limited at the time of the creation of the Additional Account as well as any other information in connection with the Game Service at Your own risk. Although BeIngame Limited users reasonable efforts for ensuring confidentiality of users’ private information, you understand that no security measures would ever guarantee the absolute confidentiality of Your information.

9.2 You are fully responsible for the safety of Your login credentials that are necessary for access to the Additional Account. All actions made by You in Your Additional Account, are considered to be made by You, if You do not notify BeIngame Limited about loss of Your login and password for the Additional Account or other cases of loss of control over the Additional Account and Your Additional Account will not be blocked beforehand.

9.3 BeIngame Limited cannot control the actions of other users with whom You want to share Your profile and information. Therefore BeIngame Limited cannot warrant that any content that You post on the Game Services will not be available for viewing by unauthorized persons.

9.4 You understand and acknowledge that, even after deletion of data and content provided/arranged by You, such data or content may remain accessible in the cache or web archives, as well as in the search results of search engines, and may also be available to other persons, if other users have copied and stored Your data or content.

9.5 You hereby understand and acknowledge that all comments, messages, information, data, content, placed by You in the Game Services are likely to be available for viewing, copying by third parties. You are responsible for the texts, files, images, photos, videos, sounds, works of music, copyrighted works and other material and information etc. placed and published by You on the network (hereinafter referred to as "published information"), that You make available in the Game Services or exchange with other users. We neither appropriate such contents nor do we review or endorse it. We have no control over the information placed in the Game Services by users. We do not review such contents before it is published. Insofar we have knowledge of any illegal content, or we receive a notice thereof, we will endeavor to promptly delete it. We do not accept any liability for this content, nor, in particular, do we accept liability for its correctness, completeness or integrity.

10. MISCELLANEOUS

10.1 BeIngame Limited reserves the right to assign its rights and obligations arising out of these Terms to any third party in its sole discretion, by notifying You or by means of publishing of the amended Terms. Your rights and obligations arising out of these Terms shall be considered transferred to the assignee of BeIngame Limited at the moment of the time of the aforesaid notification or publication.

10.2 Your rights and responsibilities under these Terms are personal and non-transferable.

10.3 BeIngame Limited has the right at any time and in its sole discretion and without further notice to You to change the functionality and the content of any of the Game Services.

10.4 Any claim You that may have against BeIngame Limited in connection with Your use of Game Services shall be brought by You within one year from the time when such claim arose or when You knew or should have known the facts that give rise to such claim, whichever is later.  If You fail to bring Your claim within the time period specified in this section, it shall be time-barred.

10.5 In order to improve its services, BeIngame Limited reserves the right to make automatic (without a specific request for Your consent) updates and changes to the Games. In order to ensure the effectiveness of those updates and changes, and the possibility of extending the use of the Games, You hereby consent to the introduction of automatic updates and changes.

10.6 You hereby agree and acknowledge that any and all rights to intellectual property in the Game Services belong to BeIngame Limited and its licensors.

10.7 BeIngame Limited reserves the right at any time, without notice to You and without stating any reasons, to suspend access to and the availability of the Game Services without compensation to You of any costs, losses of any kind or other expenses, including in the case of any, including single, violation of the terms of these Terms, the Terms of the Game Services or other applicable terms and agreements.

10.8 Both parties have a right to terminate these Terms of use at any time with immediate effect. Such termination does not require any fault or any other specific reason. In particular, but not exclusively, we have the right to terminate these Terms of use with You, if You violate any laws, or breach these Terms of use, Code of Conduct, the particular Game Services rules or You do not use Your Additional Account/ Game Services for a period of four or more weeks.

10.8.1. You have the right at any time and without notice to BeIngame Limited and without explanation to discontinue the use of Your Account or the Additional Account.

10.9 In the event that You, in accordance with the laws of Your state, are prohibited to use any Game Services, computer online games, or there are other legal restrictions, including restrictions on the age of admission to such software, You are prohibited from using the Game Services. In such a case, You will be solely responsible for the use of the Game Services or the relevant services on the territory of Your state in violation of the local legislation.

10.10 These Terms shall be interpreted and construed in accordance with the law of England and Wales, without regard to conflicts of laws provisions. All disputes arising in connection with these Terms are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach an agreement during the pre-trial settlement of the dispute – in the court having jurisdiction over the location of BeIngame Limited’s headquarters.

10.11 These Terms may be modified by BeIngame Limited without any prior notice to You. Any changes to these Terms, implemented by BeIngame Limited unilaterally, shall become legally enforceable on the day following the date of publication of such changes on the website http://beingame-mobile.com/terms-of-use.htm. You agree to monitor these Terms for any changes. Failure by You to familiarize yourself with these Terms and/or the modified version of the Terms is not a reason for non-performance by You of Your obligations or failure by You to comply with the restrictions imposed by these Terms.

10.12 You hereby acknowledge that You understand, accept and agree that any Game may contain audio and/or video effects, which, under certain circumstances, may cause, in people who are prone to epileptic or other disorders of central nervous system, worsening of such conditions, and You hereby certify that You do not suffer from any such disorders.  You understand and agree that continuous usage of a personal computer over an extended period of time may result in various complications of Your physical condition, including, without limitation, vision problems, scoliosis, various forms of neurosis as well as other undesirable and negative effects on Your body. You hereby warrant that You will use any Game only for a reasonable duration, with breaks for rest and that You will take other measures prescribed by Your doctor to protect your health.

10.13 The invalidity of one or more provisions of these Terms pursuant to an order of a court, does not result in the invalidity of the remaining provisions of these Terms, which shall continue to have full legal force and effect. In the event that one or more provisions of the Terms are found to be invalid, the Parties agree to fulfill the intended meaning of these Terms as closely as possible.

10.14 On matters related to the execution of the Terms of use, please contact the Licensor at the following email support@beingame-mobile.com.


Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.