The terms of this Agreement (hereinafter Agreement or "Payment Terms”) govern the relationship between you (hereinafter “You” or “User”) and BeIngame Limited (hereinafter "BeIngame" or "We") with principal offices located at Diagorou, 4, KERMIA BUILDING, 2nd floor, Flat/Office 204, 1097, Nicosia, Cyprus, with respect to Your use of BeIngame’s Games and related services, including, without limitation, applications for mobile devices and BeIngame branded websites associated with relevant games.
These Payment Terms set forth the general procedure and conditions for granting the User the rights to access the Games and Additional Function Set associated with the Games as well as related Website and/or Services by BeIngame.
Additional Function Set (AFS) shall mean additional functional (software) options of the Game and related Services, the right to use which may be provided on a pre-paid basis to the User under the conditions of these Payment Terms and/or certain other agreements associated with such Services, which may be found on web pages associated with the relevant sections of the Services, as well as other terms and conditions determined by BeIngame in its sole discretion.
Game shall mean any interactive free-to-play or pay-to-play software program in any language being developed and published by BeIngame and/or its Partners on any platform (the current and future platforms in respect of which the Game is developed for and released upon, which include mobile, PC, XBOX and Sony Play Station consoles), including, without limitation, all sequels, prequels thereof as well as all updates and all other changes in and to the Game. For the avoidance of doubt, the Game shall be considered the same Game despite the fact that it may have different names in different countries on different languages.
Personal Account or Account shall mean a collection of data associated with a particular User. Each Account comprises a user name and password information. The Account information of the User is displayed to the user in a private sector of the user interface of the respective Game Website. In addition, the quantity of the virtual currency of the Game accrued by the User in accordance with the internal rate of the Game is also displayed.
Services shall mean any and all services related to the Game provided using the Game Website and access to which is furnished by means of the Game, its Website, the mobile version of the Game Website, and certain applications or the websites of BeIngame Partners.
User shall mean a natural person who uses a specific Game and/or related Services.
Website shall mean the official website of a specific Game.
1. In the event the Game contains the AFS at the request of the User, BeIngame shall provide the User with the pre-paid AFS (its peculiarities and availability within the framework of the relevant Game shall be determined by BeIngame in its sole discretion) which allows to use additional extended special software features of the Game and/or purchase certain in-Game content. The right to use the AFS shall not be a mandatory pre-requisite to using the Game, and is provided to the User under the conditions hereof and specific agreements associated with certain Games.
2. To obtain the right to use AFS, the User shall pay to BeIngame the amount determined by the specific rights selected by the User for use as a part of the AFS associated with the relevant Game and displayed in the User's Account as virtual currency.
3. As the Account holder, You are responsible for all charges incurred, including applicable taxes, and all purchases made by You or anyone that uses your Account based on your permission or without it (if any), including your family or friends.
4. The virtual currency may be used within the relevant Game only. The terms and conditions governing the use of the virtual currency within the specific Game are provided on the relevant pages of the Website and/or in the content of the agreements for certain Services.
5. The cost of use of the AFS may be changed by BeIngame at any time and in its sole discretion upon a prior notice to the Users and/or a public announcement placed on the relevant pages of the Website or within the Game based on the provisions of the agreements for the relevant Services. The cost of previously acquired bundle of rights to use the AFS shall not be affected.
6. The User will receive the right to use the AFS when the payment for the selected services has actually reached that shall be deemed the time of depositing the funds determined by the specific rights to use the AFS of the Game selected by the User to the Personal Account of the User created within the Game (displayed as virtual currency at the internal rate of the Game), unless otherwise provided for by the agreement for the specific Game. The User hereby agrees that from the time of provision thereof with the right to use the AFS, the obligations of BeIngame to the User shall be deemed fulfilled in full and the funds deposited by the User shall become non-refundable (except as provided in clause 25).
7. For the purposes of payment for the rights of using the AFS, the User is offered multiple ways of making the payments, the conditions of use for each of them are set forth in the relevant section of the Website.
8. When making the payment for the rights to use the AFS, the User shall follow the instructions for the payment procedure and the manner of payment, including the rules of input of the message and number of short text messages (SMS) and including the procedure for input of capital and lowercase letters, figures and input language.
The User's right to use the AFS of the relevant Game shall be provided in accordance with the following instructions and payment conditions. BeIngame shall not be liable for the losses resulting from User's failure to meet the conditions for the making of the payment. For all matters related to the rules and order of using the payment systems for replenishment of the User's Personal Account one should address the legal entities being the holders of such payment systems. BeIngame shall not submit to the User clarifications on the issues related to the rules and order of using of such payment systems, and shall not compensate the User for the money paid for acquisition of the rights to use the AFS of the Game using the payment systems, if such payments have been made in violation of the rules established by the payment systems, as a result of which the money has not been received by the User.
9. BeIngame shall be entitled to provide the User with an opportunity to obtain the rights to use the AFS for taking certain dynamic actions by the User within the Game.
10. The rights to use the AFS will be granted to the User only provided that such rights are paid in full, except for the cases when rights are granted according to special promotional events and/or in a limited extent. In this regard prior to confirmation of the payment BeIngame shall be entitled not to provide the right to use the AFS, or to provide it in a limited extent.
11. In case as a result of a technical failure or breakdown in the work of the Game or any element thereof, or the conscious actions of the User, he/she obtained access to the AFS of any Game without obtaining the right to use it as established, the User shall inform BeIngame as regards thereof and pay to BeIngame the cost of the right to use such AFS, or eliminate all the consequences of the illegal use of the AFS. BeIngame shall be entitled to independently without notice to the User eliminate such consequences.
12. The User shall keep the proof of payment for all the rights to use the AFS during the entire time of using the Game, and, at request of BeIngame, provide such documents, as well as information on the circumstances of such payment made by the User.
13. The User shall diligently monitor the state of his/her account.
14. The exclusive right for distribution of the AFS belongs to BeIngame, due to which neither offers of third parties on provision of rights to use the AFS shall be considered by the User as offers originated from BeIngame.
15. In case BeIngame establishes that the User obtains access to the AFS from third parties, BeIngame shall be entitled, at its own discretion either to suspend or to limit the right of using the AFS, or terminate the access of the User to the Game. The provisions of this clause are not applicable for the cases when AFS was obtained via BeIngame’s Partners.
16. Acquisition of the rights to use the AFS shall not release the User from observing hereof and taking any measures in respect hereof and specified herein. For the avoidance of doubt, in case of breaches, BeIngame shall have the right of full or partial rejection of User’s access to the Game and using the AFS as well as removal of its Account. In this instance the cost of the rights to use the AFS acquired by the User shall not be compensated by BeIngame.
17. The User warrants and represents that User will not use IP proxying or other methods to disguise the place of its residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to its geography, or for any other purpose. If User does this, BeIngame may terminate User’s access to its Account without any prior notice.
18. The User warrants and represents that he/she has the right to use the means he/she has chosen for payment of the rights to use the AFS, not violating the applicable laws and the laws of the country the User is a citizen of, as well as the rights of third parties. BeIngame shall not be liable for possible loss to third parties and/or the other Users caused as a result of use by the User of payment funds not belonging thereto.
19. BeIngame shall not be liable for any and all illegal actions of the User when he/she pays for the right to use the AFS. BeIngame shall reserve the right to unilaterally reject and/or restrict the access to the Game, and to suspend or terminate the rights to use the AFS, if there is a suspicion of illegal actions on the part of the User, pending investigation.
20. In the event BeIngame has grounds to suspect that the User is acting illegally or fraudulently with respect to the payment for the rights to use the AFS, BeIngame shall be entitled to transfer the relevant information to the law enforcement authorities for investigation and prosecution.
21. Specifics of payment by the User for the rights to use the AFS using bank cards:
bank card operations shall be carried out by the cardholder or the person authorized by the cardholder;
authorization of the transactions on the bank cards shall be carried out by the bank. If the bank has grounds to suspect that the transaction is of a fraudulent nature, the bank shall be entitled to reject the execution of the transaction. Fraudulent transactions with bank cards are criminal offences.
22. To avoid cases of fraud due to paying by bank cards, payments by a bank card may be checked by BeIngame. At request of BeIngame, a User who is the cardholder and who has executed such payment shall submit copies of the documents required by BeIngame for confirmation of the legal use of the bank card. In case of failure to submit the requested documents by the User within 14 days from the date of execution of the payment or if there are doubts in respect of their authenticity, BeIngame shall be entitled to suspend provision of the User with the rights to use the Game and the AFS of the Game till the resolution of the investigation.
23. To obtain the rights to use a pay-to-play Game, the User shall pay to BeIngame the amount of the cost of the rights for the relevant Game. User is deemed to have the rights to use the pay-to-play Game the moment User receives email from BeIngame, confirming payment receipt by BeIngame and if/when available the moment the payment is credited to User’s account. However, the User shall agree that in case he/she obtaining the right to use the Game in a presale order, the accessibility of such Game depends on the date of Game’s release. In other cases, not specifically provided for in this clause, the payment terms for obtaining the rights to a pay-to-play Game shall be subject to the present Payment Terms, in that part, where applicable.
24. Any payment related to Your use of the Game shall include any and all use or sales taxes, charged by BeIngame and/or its Partners. You agree that in case of assessment of any additional taxes in future BeIngame may also charge you for those taxes in connection with future payments.
25. ALL CHARGES INCURRED IN CONNECTION WITH ANY GAME, AND ALL PURCHASES MADE WITHIN IT, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD USED BY THE USER, EXCEPT AS EXPRESSLY SET FORTH IN THIS PAYMENT TERMS OR IN ACCORDANCE WITH APPLICABLE LEGISLATION.
IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THE USER IS DISSATISTFIED WITH THE GAME (EXCEPT FOR USERS WHO RESIDE IN THE EUROPEAN UNION, AS PROVIDED IN THIS CLAUSE BELOW).
IF YOU ARE A USER WHO RESIDES IN THE EUROPEAN UNION, YOU HAVE THE RIGHT TO CANCEL THE PURCHASE TRANSACTION FOR DIGITAL CONTENT WITHOUT INCURRING A CHARGE AND WITHOUT GIVING ANY REASON THEREFOR, DURING THE TIME PERIOD OF FOURTEEN DAYS FROM THE DATE OF APPROPRIATE PURCHASE OR UNTIL BEINGAME'S PERFORMANCE OF ITS OBLIGATIONS HAS COMMENCED WITH YOUR PRIOR EXPRESS CONSENT AND YOUR ACKNOWLEDGMENT THAT YOU THEREBY LOSE YOUR RIGHT OF CANCELLATION, WHICHEVER HAPPENS SOONER.
ACCORDINGLY, YOU WILL BE INFORMED DURING THE CHECKOUT PROCESS WHEN OUR PERFORMANCE COMMENCES AND YOU WILL BE ASKED TO PROVIDE YOUR PRIOR EXPRESS CONSENT TO THE PURCHASE BEING FINAL.
FOR THE AVOIDANCE OF DOUBT AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, ONCE YOU START USING ANY PURCHASED IN-GAME ITEM YOU LOSE YOUR RIGHT OF CANCELLATION AND REFUND.
26. These Payment 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 Payment 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’s headquarters.
27. The invalidity of one or more provisions of these Payment 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.
28. These Payment Terms may be modified by BeIngame without any prior notice to You. Any changes to these Payment Terms, implemented by BeIngame unilaterally, shall become legally enforceable on the day following the date of publication of such changes on the website https://beingame-mobile.com You agree to monitor these Payment Terms for any changes. Failure by You to familiarize yourself with these Payment 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 Payment Terms.
29. On matters related to the execution of the Payment Terms, please contact the BeIngame at the following address: Diagorou, 4, KERMIA BUILDING, 2nd floor, Flat/Office 204, 1097, Nicosia, Cyprus, or at email firstname.lastname@example.org.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
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