TERMS AND CONDITIONS
READ CAREFULLY THE FOLLOWING TERMS AND THE ADDITIONAL INFORMATION. BY USING THE WEBSITE AND SERVICIES OF KAWAGAMES, YOU ADMIT TO HAVE READ, COMPREHENDED AND ACCEPTED THESE TERMS.
Last update: 06 February, 2011.
- 1- REGISTRATION
The contract between you and the Web is formalized the moment you access their services after accepting this agreement.
Registering in the Web allows you to use its services: online purchase of video game software, and any other service available from the Web now or in the future. However, the video game software acquired from the Web can only be used personally, and its distribution to any third parties is forbidden. In the same way, the user account that you will obtain at the end of the registration process with the Web is personal, and cannot be transferred over to any third parties.
You are responsible for the truthfulness of the data included in your account, of any activity done with it, and the protection of your computer and account. You must no share, reveal nor permit in any other way other person to use your password or account.
- 2– USE
A. As user of the Web you have right to use their services, as long as you abide by the established norms:
- You must have provided truthful data in the registration process.
- You must make not misuse usage of the services provided by the Web.
- You must respect the copyright of the creations available from the Web.
B. Any software you acquire in the Web will be of your property for life, but you cannot distribute it to any third parties or make money out of it in any way. In case you need it, you will be able to download the software from your user account again. However, you accept the possible restrictions of the downloads that, for security, Kawagames may establish.
The possibility of downloading again the software from the user account will end in the following cases.
- If the Web ended its activity.
- If the software owner (someone external to Kawagames) cancelled its distribution agreement with the Web.
- If you cancelled your user account of the Web.
In these cases, it will be your responsibility to save the installation file of the game you acquired in the Web for its reinstallation if needed.
C. The property rights of the software available in the Web, and of all of its copies, are of Kawagames or of its licensors. As stipulated in these conditions of use, you must respect the copyrights of the creations available in the Web.
- 3- PAYMENT
Kawagames offers free video games for all registered users, and games subjected to a cost. The prices are specified in Euros (€), unless otherwise specified.
The fees for the acquisition of the products or services of the Web must be paid in advance, and will not be returnable in part or in whole. The payment will be done using PayPal, whereby the payment can be done using credit card, debit card, balance left in the PayPal account or by bank transfer. This service is provided by a third party, so please visit PayPal’s web page (www.paypal.com) to know the conditions of use and the private policy of this service.
However, Kawagames can change the billing method, or the payment method, in any moment, prior notice to the clients in the appropriate section of the Web. It is your responsibility to review the billing and payment conditions to be aware of these changes. If you do not cancel your account thirty days after these changes will mean that you accept them.
As account holder, you are responsible for all charges incurred by you or anyone that uses your account.
The prices of the products (software and services) available in the Web are subject to change without notice in any moment. All prices include the pertinent taxes, as stipulate the tax laws in Spain, and this will be reflected in the emitted bills or receipts (tickets).
- 4- THIRD PARTY CONTENT
Third party contents are those available in the Web which are not created by Kawagames, but are available through the Web (for example, any game of another studio). Kawagames is merely an intermediary of these third parties’ services and software. Kawagames intends that they operate correctly, but Kawagames does not accept any responsibility other than the purchase transaction and download. The creators of the software (or the services providers) are the ones responsible for them. In any case, Kawagames will try to solve any doubts regarding the software or the service.
- 5- LEGAL ACTIONS
As holder of your account, you are the only responsible of any action associated with it. Kawagames will be able to suspend your account if considers that you have carried out any illegal action with it, or breached the use conditions.
In accordance with the Organic Law 15/99 on the Protection of Personal Data (LOPD), by filling the registration form and accepting the terms and conditions of use, you consent the processing of the data you facilitated, that will added to the file “USUARIOS”, owned by Kawagames (E.G.R), registered in the Spanish Data Protection Authority (AEPD). This file goal is the fiscal, accountant and administrative management of the contractual relationship, and the sending of commercial information about our products and services.
We inform you that you can exercise your right to access, alter, delete and oppose established in the aforementioned law via e-mail address, enclosing a photocopy of your ID card (or any identification card you own), to this e-mail address: firstname.lastname@example.org. Opposing or canceling your data means to resign from the services.
- 7- RESPONSIBILITY LIMITS
You, the user, assume any risk that may derive from the utilization of the service and the software you may download or buy. It is your responsibility to be sure that the software you download is compatible with your computer and any other you may use. The incompatibility of your computer with the acquired software gives no right to any refunds.
All the software available in the Web it is provided as is, but always trying that it does not have any problems. Kawagames expressly disclaims any guarantee that the software is bug-free, and does not take responsibility if the software does not work well, especially if this is caused by a negligent use by the user.
Kawagames, its licensors and affiliates will not be responsible of loss, damages caused by the use of the software, impossibility to use the Web, its services or the software downloaded through it, whether it is free or not.
Depending of your country of residence, it is possible that some of the paragraphs in this text are not applicable in your case. Being the case, the necessary measure would be carried out according the Spanish legislation.
- 8- TERM AND TERMINATION
The validity of the agreement between you and Kawagames starts the day you accept the conditions of use when you register in the services, marking the box that indicates you accept them.
Both Kawagames and you have the right to cancel or modify your account any moment.
A. Termination by the user
You can cancel your account contacting Kawagames by any means available in the Web. In this case, the cancelation or modification of your account will be done once finished the necessary verifications, which may require the request of some data to ensure your identity.
B. Termination by Kawagames
Kawagames will be able to cancel your account, which sill end this contract, if you do not respect the conditions described in this document, especially, but not solely, the ones described in the point 2-A.
- 9- OTHERS
As user of the services, you accept that this agreement has been written in Spain, and that the laws it is abided are those from this territory.
You accept to respect all the rules explained in this document, and guarantee that the data you provided in your register are truthfull.
I accept the terms of this agreement and the data protection policy. I acknowledge that this is the only agreement between Kawagames and I, regardless other possible agreements, current or past, written or oral, otherwise expressly stated.