These Terms and Conditions regulate the relationship between you and gamestore.net, and cover your use and access to the Online Shop. By clicking on the “Accept” button, or accessing or otherwise using the Online Shop, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and any other legal agreements that apply to you as a gamestore.net’s Account holder, as amended from time to time. If you do not agree with these Terms and Conditions, you must stop using or accessing the Online Shop immediately. If you are using the Online Shop on behalf of a third party including, but not limited to a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms and Conditions.
1. Definitions
The following terms are used throughout these Terms and Conditions and have specific meanings.
a. “Account” means the account that Users may create through the Online Shop to use the Services.
b. “Add-On Keys” means any digital Program with additional or enhanced functionality, special weapons or characters, virtual currency, or subscription access to content or services intended to be accessed or used within a particular Program.
c. “Agreement” and “Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other gamestore.net rules, policies available on the Online Shop (including, but not limited to, gamestore.net’s Privacy Policy, guidelines and procedures that may be published from time to time on the Online Shop).
d. “Buyer” means a person that contacts, engages and/or aims to purchase a Program sold by a Seller through the Online Shop.
e. “Code/game account” means a serial number, game account or a code that is used to register and activate a specific Program and which will be provided to you in the Confirmation Order upon successful payment of a Program Price.
f. “gamestore.net’s Content” means any content (including but not limited to: the name, trademark, and logo of gamestore.net; all information about gamestore.net and its employees; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, designs, features, and other materials) generated by and/or belonging to gamestore.net.
g. “gamestore.net”, “GAMESTORE”, “we” and “us” collectively mean gamestore.net as well as our affiliates, directors, subsidiaries, officers, and employees. gamestore.net is a our domain name which is registered by GAMESTORE.
gamestore.net (‘we’ or ‘us’) makes products available for purchase through our website and mobile applications. Your purchase of any gamestore.net product is governed by these Terms and Conditions (‘Terms’). Your purchase of a Vendorís game is governed by the applicable terms and conditions of that gift card and these Terms will cease to apply at the time of such purchase. Your use of gamestore.net websites and mobile applications is governed by our Terms of Service [see http://www.gamestore.net/terms-conditions].
These Terms are a legal agreement between you (‘you’,or ‘your’) and gamestore.net. By purchasing gamestore.net products and/or clicking to ‘Accept’ these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases from gamestore.net.
gamestore.net reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our websites or mobile applications and updating the ‘Last Updated’ date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from gamestore.net to ensure you understand the terms and conditions that apply to such purchase. Your continued use of gamestore.net products indicates your acceptance of any changes to the Terms.
Game Vendor Terms and Liability. Game(s) purchased via our websites or mobile applications are issued and activated by participating third-party individuals, retailers and vendors (collectively ‘Vendors’). Your purchase of each Account will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain Gift Cards, Vendors may set expiration dates for such Gift Cards, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any Game. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor.
As issuers of the Games, Vendors (and not gamestore.net) are fully responsible for all aspects of their programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Game. While gamestore.net strives to work with reputable and verified Vendors, gamestore.net has no liability for (i) the sale of products or services to you by a Vendor through the use of any Game; and (ii) any Vendor’s failure to honor the continuity of support for a Game. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues.
User account Errors. We attempt to be as accurate as possible and to eliminate errors on the products that we sale; however, gamestore.net does not represent or warrant that any User Account and information about the User Account (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a User Account purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
5.2.2 In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release gamestore.net and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any gamestore.net product; and (ii) any act or omission of a Vendor in connection with a User Account it provides.
With respect to the gamestore.net products, risk of loss and title for such Products pass to you when you complete your purchase of the applicable product. gamestore.net is not responsible for any damage or loss resulting from stolen or lost gamestore.net product or any use of your gamestore.net product without your permission. gamestore.net is not responsible for replacing your damaged or lost gamestore.net product.
gamestore.net and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the gamestore.net products, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
5.2.3 ”Court of Justice of the European Union Judgment in Case C-128/11 “An author of software cannot oppose the resale of his ‘used’ licenses allowing the use of his programs downloaded from the internet”
https://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf”
gamestore.net makes sales based on the above legal information and documents. gamestore.net does not own any digital games. Game purchases of all accounts created are carried out by gamestore.net and it transfers the game’s license to the user who purchased it. In short, we do not own the licenses of the game. However, we have the right to transfer these licenses because we bought them, and we may have sales in this context.
5.3 When you purchase a Program through the Online Shop, you agree, acknowledge and understand that you are purchasing a licence to use that Program from the Seller (and/or the respective licensors) and that you do not take ownership of the Program. For any Programs that you purchase through the Online Shop, you are granted a limited, non-exclusive, non-transferrable, personal licence to use such Programs by the Sellers and/or the respective licensors. Aside from this licence, the Sellers, and/or the respective licensors, reserve all rights, interests and remedies in relation to that Program.
5.4 Some Programs, available through the Online Shop, may have specific rules on how they may be used. For instance, when you purchase a Program, you may be restricted to downloading and/or using the Program: (i) in your country of residence only; (ii) with the purchasing Account only; (iii) during a limited period or periods only; (iv) with certain compatible computer systems and/or other devices only; and/or (v) with a certain number of compatible devices that are associated with the purchasing Account only.
5.5 Users agree that they will not, under any circumstances, transmit any Content that: (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, anti-national, anti-governmental, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, or any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of the Online Shop or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of gamestore.net and/or any third party; (vi) infringes on any proprietary right of gamestore.net and/or any third party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives or any User; or (viii) violates the privacy of gamestore.net and/or any third party.
5.6 Users may not use the Programs, Content and Services for any purpose other than the permitted purpose under this Agreement (and/or the Seller Agreement). Except as otherwise permitted under this Agreement (and/or the Seller Agreement), you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Programs or any software accessed via Online Shop without the prior consent, in writing, of the respective Seller.
5.7 You are entitled to use the Programs for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Programs to other parties in any way, nor to rent, lease or license the Programs to others, without the prior written consent of the Sellers, except to the extent expressly permitted elsewhere in this Agreement (and/or the Seller Agreement); or (ii) exploit the Programs or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (and/or the Seller Agreement).
5.8 We have the right to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms and Conditions. You agree that we have the right to terminate or deny access to (and use of) any Account and/or Service for any reason, with or without prior notice.