The terms of this agreement ("Payment Terms”) govern the relationship between You (hereinafter “You” or “User”) and My.com B.V. (hereinafter "My.com" or "We") regarding Your use of My.com’s Games and related services, which include applications for mobile devices and My.com branded websites of relevant games. In this agreement, "My.com" means My.com B.V. located at Barbara Strozzilaan 201, 1083HN, Amsterdam, the Netherlands.
This Payment Terms shall regulate the general procedure and conditions for granting the User with the rights of access to the Games and Additional Function Set of the Games and related Website/Services by My.com.
Please note that within the Game You may be offered services and software of the partners of My.Com, the use of which shall be governed by separate agreements with these My.сom Partners.
Regulation of Your use of Game Services designed for mobile devices displayed at My.com website is defined by documents contained in the respective application stores. The description of the certain Game Services in the application store may contain a reference to these Payment Terms as well to other My.com documents, which means that Your use of that Game Services is governed by such documents too.
Additional Function Set (AFS) shall mean additional functional (software) options of the Game and related Services, the right to use of which may be provided on a paying basis to the User under the conditions of Payment Terms and/or separate agreements to such Services on the pages of the relevant sections of such Services, as well as other conditions determined by My.com.
Game shall mean any interactive free-to-play or pay-to-play software program in any language being developed and published by My.com and/or its Partners on any platforms (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 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.
My.com Partner shall mean the individual or legal entity developing or operating the Game and/or relative application. Relations between the User and certain My.com Partner occurring in the course of using of the My.com Partner’s Service by the User shall be subject to regulation by separate agreements between the User and My.com Partner.
Personal Account/Account collection of data associated with a particular User. Each Account comprises a user name/password and displays to the User his/her current virtual account in the private sector of the interface of the relevant Game Website and the quantity of the virtual currency of the Game accrued by My.com in accordance with the internal rate of the Game.
Services shall mean any services related to the Game posted on the Game Website and access to which is provided through the Game, its Website, the mobile version of the Game Website, and certain applications or the websites of My.com Partners.
User shall mean a person who uses certain Game and/or related Services.
Website shall mean the official website of certain Game.
1.In case the Game contains the AFS at the wish of the User My.com shall provide the User with the paid AFS (its peculiarities and availability within the framework of the relevant Game shall be determined by My.com at its own 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 an obligatory condition of using the Game, and is provided to the User under the conditions hereof and the agreements for certain Games.
2. To obtain the rights to use AFS User shall pay to My.com the amount of the cost of the rights chosen by the User for use of the AFS of 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 upon 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 ways and conditions of using of the virtual currency within the certain Game shall be indicated on the relevant pages of the Website and/or in the content of the agreements for the certain Services.
5. The cost of the rights to use the AFS may be unilaterally changed by My.com at any time with prior notice to the Users and/or public announce on the relevant pages of the Website/within the Game and/or in the content of the agreements for the certain Services. The cost of previously acquired volume of the rights to use the AFS shall not be revised.
6. The moment of provision of the rights to use the AFS shall be deemed the moment of depositing the money proportional to the volume of the rights to use the AFS of the Game chosen 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 a certain Game. The User shall agree that from the moment of provision thereof with the right to use the AFS, the obligations of My.com shall be deemed fulfilled in full and the money deposited by the User shall not be subject to return (except mentioned in clause 25).
7. For the purposes of payment for the rights of using the AFS the User shall be offered several ways of making payments, the conditions of use for each of them are set forth in the relevant section of the Website.
8. During the process of payment for the rights to use the AFS, the User shall follow the payment instructions for the procedure and 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 the case of following the enclosed instructions and payment conditions. My.com shall not be liable for the correctness of the User’s meeting the conditions for the making of 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. My.com 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. My.com 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 My.com 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 My.com as regards thereof and pay to My.com the cost of the right to use such AFS, or eliminate all the consequences of the illegal use of the AFS. My.com shall be entitled to independently without notice to the User eliminate such consequences.
12. The User shall keep the documents confirming payment thereby for the rights to use the AFS during all the time of using of the Game, and, at request of My.com, submit thereto such documents, as well as information on the circumstances of such payment made by the User.
13. The User shall independently monitor the state of his/her account.
14. The exclusive right for distribution of the AFS belongs to My.com, 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 My.com.
15. In case My.com establishes that the User obtains access to the AFS from third parties, My.com 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 My.com’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 My.com 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 My.com.
17. The User guarantees 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, My.com may terminate User’s access to its Account without any prior notice.
18. The User guarantees to My.com 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. My.com 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. My.com shall not be liable for possible illegal actions of the User when he/she pays for the right to use the AFS. My.com 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 case that My.com has grounds to suspect that the User is taking illegal actions, or fraudulent actions related to the payment for the rights to use the AFS, My.com shall be entitled to transfer the relevant information to the law enforcement authorities for inspection of such fact.
21. Peculiarities 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 thereby;
· authorization of the operations on the bank cards shall be carried out by the bank. If the bank has grounds to suspect that the operation is of a fraudulent nature, the bank shall be entitled to reject execution of the operation. Fraudulent operations 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 My.com. At request of My.com, a User who is the cardholder and who has executed such payment shall submit copies of the documents required by My.com 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, My.com shall be entitled to suspend provision of the User with the rights to use the Game and the AFS of the Game till investigation.
23. To obtain the rights to use a pay-to-play Game User shall pay to My.com 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 My.com, confirming payment receipt by My.com 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 include any type of use or sales taxes, charged by My.com and/or its Partners. You agree that in case of any additional taxes in future My.com may also charge you for those taxes in connection with future payments.
25. ALL CHARGES INCURRED ON CERTAIN 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, EXCEPT AS EXPRESSLY SET FORTH IN THIS PAYMENT TERMS OR IN ACCORDANCE WITH APPLICABLE LEGISLATION.
HOWEVER, MENTIONED CHARGES AND PURCHASES ARE NOT REFUNDABLE FOR THE REASON IF GAME DOESN’T MEET YOUR EXPECTATIONS OR VIEWS (EXCEPT EU USERS MENTIONED IN THIS CLAUSE BELOW).
IF YOU ARE AN EU USER, YOU HAVE THE RIGHT TO WITHDRAW FROM A PURCHASE TRANSACTION FOR DIGITAL CONTENT WITHOUT CHARGE AND WITHOUT GIVING ANY REASON FOR A DURATION OF FOURTEEN DAYS FROM THE DATE OF APPROPRIATE PURCHASE OR UNTIL MY.COM'S PERFORMANCE OF ITS OBLIGATIONS HAS BEGUN WITH YOUR PRIOR EXPRESS CONSENT AND YOUR ACKNOWLEDGMENT THAT YOU THEREBY LOSE YOUR RIGHT OF WITHDRAWAL, WHICHEVER HAPPENS SOONER.
THEREFORE, YOU WILL BE INFORMED DURING THE CHECKOUT PROCESS WHEN OUR PERFORMANCE STARTS AND ASKED TO PROVIDE YOUR PRIOR EXPRESS CONSENT TO THE PURCHASE BEING FINAL.
FOR THE AVOIDANCE OF DOUBT AND NOTWITHSTANDING WRITTEN ABOVE, ONCE YOU START USING OF ANY PURCHASED IN-GAME ITEM YOU LOSE YOUR RIGHT OF WITHDRAWAL.
26. These Payment Terms shall be governed and construed by the law of England and Wales. 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 agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of My.com
27. The invalidity of one or more provisions of these Payment Terms, recognized in the established order, which came into force by a court decision, does not entail for the parties the invalidity of the Payment Terms as a whole. In the event that one or more provisions of the Payment Terms in due course become invalid, both parties agree to fulfill the obligations of these Payment Terms as closely as possible to those implied by the parties at the conclusion and/or agreeing of changes in the Payment Terms.
28. These Payment Terms can be modified by My.com without any prior notice. Any changes to these Payment Terms, implemented by My.com unilaterally, shall enter into force on the day following the date of publication of such changes on the Website and/or at http://legal.my.com. You agree to independently verify these Payment Terms for changes. Failure by You to familiarize yourself with these Payment Terms and/or the modified version of the Payment Terms is not a reason for non-performance by You of Your obligations and 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 My.com at its location: Barbara Strozzilaan 201, 1083HN, Amsterdam, the Netherlands, or at email email@example.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.
© My.com B.V. | 2017