CONDITIONS OF SALE
1 - Service:
PlayToad and NEXWAY, its partner under the games heading, are offering a service to Internet users to purchase computer games via download from the Internet. A free demo version will also be offered to users when available.
2 - Tariff:
The cost of the downloaded games is fixed by PlayToad and NEXWAY for each game, and the user will be notified of the price before he places an order.
3 – Change in price:
The cost of the downloaded games may be changed at any time by PlayToad and NEXWAY, the price applied to each order being the price stated at the time of placing the order.
4 - Payment:
When carrying out the download and payment process, the client accepts unconditionally the application of these General Conditions of Use of the Service for all games and for all their different versions, including any new versions.
It is understood that delivery will take place via download.
No physical medium (CD, etc.) will be sent.
These General Conditions of Use shall prevail over all other conditions.
5- Access to the service:
The download service is provided by PlayToad and NEXWAY on a permanent basis, subject to maintenance operations, updates to the servers and unforeseen interruptions.
6 - Conformity - Responsibility:
The game is considered as the application of the game itself and all the files associated with it: installers, manuals, FAQs, etc.
The customer undertakes to use the game in accordance with its intended purpose and with current legislation.
The client should ensure that the downloaded game will be compatible with his computer and the software installed on it.
PlayToad and NEXWAY cannot be held liable for any incorrect use of any downloaded games or incompatibility with the customer's installed software.
In any event, the liability and guarantee of PlayToad and NEXWAY is restricted to the replacement of any games acknowledged as faulty, excluding any compensation relating to costs incurred and the awarding of damages and interest to any individual whatsoever.
Any claim must be made within three days following the date of download.
7 - Territory:
The games download service provided by PlayToad and NEXWAY is reserved exclusively for persons resident in Metropolitan France.
8- Intellectual property:
The download and payment of the computer games grant the customer an individual, single and non-exclusive licence to use the computer games purchased, which is granted solely for personal, non-transferable and non-commercial purposes.
The customer undertakes to respect the copyrights of the authors and producers of the downloaded games, which are works protected by copyright, and which remain the property of the aforesaid authors and producers.
Therefore, the customer shall not modify, decompile, translate, adapt or copy the downloaded games in any way whatsoever.
The customer shall not reproduce, assign, issue a licence for or use the games sold and downloaded for commercial purposes on any medium whatsoever.
The customer may, however, reproduce the downloaded data on his single computer for his private and personal use, and copy it onto CD ROM or any other medium to use exclusively as a non-commercial, back-up copy.
However, customers have unrestricted use of the free demo version, provided they do not use it in an abusive or improper manner which could damage PlayToad and NEXWAY and the producers and authors of the games, and provided it is not modified.
This demo version cannot be used for commercial purposes without the express prior written authorisation of PlayToad and NEXWAY.
In general, the customer undertakes not to modify or infringe the title, brand or intellectual property copyright associated with the downloaded games in any way whatsoever.
PlayToad and NEXWAY may terminate all relations with the customer in the event of any breach by the latter of the stipulations in these conditions, notably in the event of non-payment or a breach of the Intellectual Property Code.
10 - Protection of personal information:
Customer information gathered by PlayToad and NEXWAY will be handled with the utmost confidentiality in accordance with the law on IT and Liberty dated 6th January, 1978.
Customers reserve the right to access, oppose and correct their personal data at any time, which they can exercise:
- either by sending a letter by registered mail to the publisher of the site,
- or by sending a mail to the following address (no spaces) : rq_info @ boonty.com (Please note that this email cannot answer any tech support queries)
11 - Jurisdiction – Applicable law:
Any dispute arising from the application or interpretation of these conditions will be subject to the courts governed by the Court of Appeal in PARIS and to French law.
NEXWAY SA, with a capital of 1,058,975 Euros registered at the Nanterre Companies Register under no.: B 440 953 859. http://www.nexwaygames.com/