Put into effect by the Order of the General Director ESDigital Games Ltd
ESDigital Games Ltd, hereinafter referred to as the Company, publishes these Terms and Conditions, which are a public offer (proposal) to grant the right to use computer games.
1. GENERAL PROVISIONS
1.1. This Agreement is a public offer (offer) of the Company to individuals, containing essential terms and conditions of the agreement to grant the right to use Computer games for personal purposes, where the full and unconditional acceptance of this offer is the following actions of the User
1.1.1. registration on the Company's Site (User pressing the REGISTER button);
1.1.2. paying for a license in any way provided by this offer.
1.2. From the moment of acceptance User is deemed to have accepted the terms of this offer and acquire rights and obligations under this offer.
1.3. This Agreement is available on the publicly accessible electronic page in the global Internet at https://esdigital.shop/info/license_agreement.
2. TERMS AND DEFINITIONS USED IN THE AGREEMENT
2.1 Concepts and definitions used in this Agreement have the following meaning:
Computer Game is a computer program, which serves to organize the game process and contains text, digital, graphic, sound, music, video, photo and other information, including objects of copyright and related rights, and which is specified by the User when placing the Order. The description of computer games, hardware and software platform requirements, age limitations and other information regarding computer games is placed on the Company's website. Installation means installation of Computer games (recording of all necessary files for their functioning in respective places of Computers file system) performed by a special program (batch manager) present in Computers operating system. Downloading - recording of the Software Game on an electronic medium performed in the process of data transmission via computer networks (including the Internet). End-User License Agreement (EULA) means recording of the Computer Game on an electronic carrier during the process of transferring data via computer networks (including the Internet) Distribution of the Computer Game means a method of storing and transferring the Computer Game, which is a set of files and software components for its initial installation. End User (User) means an individual acquiring the right to use the Computer Game for personal purposes. Company Website means a set of electronic documents (files) of the Company on the Internet united under one address https://esdigital.shop/info/license_agreement. Order means a User's click on the "PURCHASE LICENSE" button on the Company's Web Site. ("BUY") computer game. Account - unique sets of symbols (user name (login) and password), required for identification of the User by the Company. Digital Key - is a unique set of characters, which allows the copyright holder to identify a copy of the Computer Game, and which is a means of protection of the Computer Game against unauthorized use. 3.
3. SUBJECT MATTER OF AGREEMENT. LICENSE .
3.1 From the moment the User accepts this offer, the Company grants the User a non-exclusive license to reproduce each Computer Game that the User chooses when placing the Order, by writing it on a computer, with limited rights to download and install the Computer Game.
3.2. The right to use each Software Game within the limitations set forth by the Title Holder is granted to the User from the moment the User performs the actions specified by the Title Holder in the End-User License Agreement (EULA).
3.3. the User may not: distribute the Computer Game; use the Computer Game in other ways than specified in clause 3.1 of this offer; and transfer the right to use the Computer Game or Electronic Keys to third parties.
4. REGISTRATION PROCEDURE
4.1 Registration on the Company's Website is carried out by the User himself by filling in the electronic form on the Company's Website. 4.2 By clicking the "REGISTER" button the User confirms that:
4.2.1. the User is an individual and enters into legal relations with the Company on his/her own behalf;
4.2.2. User is 14 years old and has received the consent of his/her legal representatives (parents, guardians, adoptive parents) to accept the terms of this offer and/or to dispose of personal funds for the purposes set forth in this offer; or User is 18 years old;
4.2.3. the information specified by the User when registering at the Company's Website is accurate;
4.2.4. The User agrees to the Company's processing of their personal data, indicated when registering at the Company's Website, in the manner and under the terms, stipulated by this offer.
4.2.5. when purchasing a license to use the Computer game, the User guarantees compliance with age restrictions set by the sign of information products (age rating);
4.2.6. the User has read and accepts the terms of this Offer.
4.3 Registration on the Company's Website is free of charge. The Company sends the User the Account data to the email address specified by the User when registering on the Company's Website.
4.4 In order to access the personal part of the website (Personal profile), the User must enter the user ID (login) and password. The User is obliged to keep the data of his Account confidential. It is forbidden to share this information with third parties. The password for access to the Account is an analogue of the User's handwritten signature and serves to identify the User when executing the Agreement. 5.
5. PROCEDURE OF PROVISION OF COMPUTER GAMES DISTRIBUTIONS
5.1. the Company will provide the User with Distributions of Computer Games in the following ways:
5.1.1. either by Downloading from the Company's Site,
5.1.2. or by providing the URL of the site of copyright holder or other person (hereinafter the "Authorized Person") from whom the User may download the Software.
5.2. The manner and terms of distribution of Distributions of Computer Games are specified by the Company in the descriptions of Computer Games published on the Company's Web site for each title of the Computer Game. If the Distribution Distribution Distribution terms are not specified on the Company's Web site, the Company shall transfer the Computer games distributions to the User within three working days after receipt of payment to the Company's bank account. 5.3.
5.3. If the downloading of Computer Games from the Company's Site or an Authorized Person is not possible, the User shall notify the Company within five days after payment of the license fee. If the Company does not receive a notification from the User regarding the inability to download the Computer Games within the said term, the Company's obligations to transfer the Computer Games to the User shall be deemed duly and fully performed.
5.4. The Company will transfer the Electronic Keys to the User in the following ways:
5.4.1. or by providing access to the download of the Electronic Key from the Company's website,
5.4.2. or by sending the Electronic Key to the User's email address, indicated by the User when registering at the Company's website.
5.5. The method and terms for the transfer of E-keys are specified by the Company in the description of each title of Computer games on the Company's Website. If the term of the Electronic Key transfer is not specified on the Company's Website, the Company shall transfer the Electronic Key to the User within three working days from the date the payment has been received on the Company's bank account.
5.6 If the User does not receive the Electronic Key, the User shall inform the Company of this within 5 days from the date of payment for the license. If the Company does not receive a notification from the User about non-receipt of the Electronic Key within the said term, the Company's obligations to transfer the Electronic Key to the User are considered to be properly and completely fulfilled.
5.7. In cases stipulated by the copyright holder in the End-User License Agreement, the User must register the Computer Games in the manner set forth in the said agreement or in the User Documentation in order to prove the right to use the rights to the Computer Games received under this Offer. Otherwise, the right holder has the right to refuse the offer in the part stipulated in the End-User License Agreement.
5.8. THE COMPUTER GAMES ARE PROVIDED "AS IS". THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES FOR THE COMPUTER GAMES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE BY THE USER, AND DOES NOT WARRANT THAT THE COMPUTER GAMES WILL MEET THE USER'S INDIVIDUAL REQUIREMENTS AND EXPECTATIONS FOR THE COMPUTER GAMES; ANALOGUES, STANDARDS NOT DESCRIBED IN THE ACCOMPANYING DOCUMENTATION OR ON THE COMPANY'S WEBSITE. THE COMPANY DOES NOT GUARANTEE THAT COMPUTER GAMES ARE COMPLETELY ERROR-FREE AND WILL WORK WITH DIFFERENT COMPUTER CONFIGURATIONS THAN SPECIFIED ON THE COMPANY'S WEBSITE AND/OR WILL BE COMPATIBLE WITH OTHER PROGRAMS INSTALLED ON THE USER'S COMPUTER.
5.9. Technical Support for the Computer Games is provided by the Company (or by the right holder, in cases explicitly stated in the description of the Computer Games on the Company's Website). The Company will provide Technical Support for Customer's questions related to downloading and installation of Computers and activation of e-keys, including by posting information on the Company's website, in the Frequently Asked Questions section, and by e-mail or phone, indicated on the Company's website.
6. GUARANTEES AND RESPONSIBILITY OF THE PARTIES
6.1. the Company guarantees that it has all legal grounds to grant the User the right to use the Computer games within the limits set forth in this offer.
6.2. The User warrants that under no circumstances will the User reverse engineer, decompile, and otherwise modify the Computer Games or Electronic Keys, or modify the Computer Games and/or Electronic Keys in any way.
6.3. User warrants that he/she purchases the Software for his/her own personal use.
6.4. The Company shall not be liable for any direct and/or indirect damages caused to the User, and shall not reimburse losses (including lost profit) incurred by the User as a result of inadequate quality of communication channels for public use, the traffic exchange policy between providers, the proper functioning of the Internet, or the quality of communication lines not related to the Company's own resources, and the availability of such channels for the User, and shall not be liable for any changes in features, functions and quality of the Software.
6.5 The parties are released from responsibility for partial or full default of obligations under this Agreement if such default is a result of force majeure arising after conclusion of this Agreement as a result of extraordinary events, which the parties could not foresee and prevent by reasonable measures. Force majeure circumstances are events on which the parties cannot influence and for the occurrence of which they are not responsible: earthquake, flood, fire, strikes, violent or military actions of any nature, decisions of public authorities that prevent the execution of this Agreement. 6.6.
6.6 In all matters not regulated by this offer, as well as in the resolution of disputes arising in the course of its execution, the Parties shall be governed by applicable law. The pre-trial dispute resolution procedure is mandatory for the Parties. The Party receiving the claim shall be obliged to send a reasoned response to the claim to the other Party within 5 (Five) days from the date of receipt of the claim at the latest. If no agreement is reached, the dispute shall be submitted for consideration by the judicial authorities in accordance with the jurisdiction established by law at the location of the Company. 6.7.
6.7 User warrants that prior to acceptance of this offer he has read the description of the program, the requirements for the system and hardware platform, delivery terms and other information relating to the Computer games and the granting of rights to them, posted on the Company's website. USER WARRANTS THAT AT THE TIME OF ACCEPTANCE OF THIS OFFER HE IS AWARE THAT THERE IS NO REFUND AND/OR EXCHANGE OF THE RIGHT TO USE THE SOFTWARE.
7. LICENSE PRICE. PAYMENT PROCEDURE
7.1 The cost of the license is determined in accordance with the Company's tariffs, which are publicly available on the Company's website. The Company has the right to unilaterally change the tariffs by posting new tariffs on the Company's website.
7.2 The cost of the license shall be paid by the User on a prepayment basis by any of the methods listed on the Company's website.
7.3 All bank or other fees associated with the payment of the cost of the license shall be paid by the User.
8. PRIVACY POLICY
8.1 The Company ensures security of User Accounts from unauthorized access. Personal information of Users is used for verification in disputable situations and to improve the quality of services provided. Although the Company makes every effort to keep Users' personal information secure, the Company may have to disclose Users' personal information in cases established by law or when the Company deems such action necessary to comply with a legal procedure, court order or legal process required for the User to use the Computer Game. In other cases, under no other circumstances will the information that Users provide to the Company be disclosed to third parties.
8.2 Responsibility for any consequences of providing inaccurate data lies with the User. If the User's data has changed, the User shall immediately notify the Company of the changes through myAlpari or by sending a written notice to the Company's address indicated on the Company's Website.
8.3 By accepting the terms of this offer, the User gives consent to the Company to process their personal data within the limits and conditions set forth in the Privacy Policy (https://esdigital.shop/info/privacy_policy), for a period of ten years. Upon expiration of the specified period, personal data immediately subject to destruction or depersonalization by the Company.
8.4 The consent to the processing of personal data may be withdrawn by the user by sending a written notice to the Company, specified on the Company's Website. Upon the Company's receipt of a notice of withdrawal of consent to the processing of personal data, this agreement shall expire and the personal data shall be destroyed or depersonalized by the Company.
9. ADDITIONAL CONDITIONS
9.1 Written requests from the User to the Company must contain all of the information that the User provided upon registration of an Account on the Website. In order to identify the User, the Company shall have the right to request additional information from the User.
9.2 The Parties acknowledge the legal validity of notices and messages sent by the Company to the User at the postal and email addresses specified by the User when placing an order. In case of any disagreement on determining the time of sending and receiving messages and their content, the Parties agree to consider the data received by the technical means of the Company as authentic and final to resolve the disagreement between the Parties.
9.3. The Parties acknowledge that notices and messages of the User to the Company shall be deemed to have been duly made only if they are made in writing and contain all data required to identify the User.
9.4 Each Party undertakes to act in good faith, sign and deliver documents properly and take other actions as may be required to perform the Agreement