Definitions
The following terms are used throughout these Terms and Conditions and have specific meanings:
a. “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 Bolrix.games rules, policies available on the Online Shop (including, but not limited to, bolrix.games’ Privacy Policy, guidelines and procedures that may be published from time to time on the Online Shop).
b. “Account” means the account that Users may create to use the Services.
c. “Buyer” means a person that contacts, engages and/or aims to purchase goods sold by a Seller.
d. “Bolrix.games' Content” means any content (including but not limited to: the name, trademark, and logo of Bolrix.games; all information about bolrix.games 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 Bolrix.games.
e. “CD Key” means a unique encrypted set of characters (namely, a string of letters or numbers of a certain length and format), which differs depending on the game developer or publisher.
f. “Content” means any content submitted, generated, featured, displayed through the Online Shop, including but not limited to: any Program details; any text, correspondence, graphics, software, applications, video recordings, audio recordings, sounds, company logos, photos, designs, features, User reviews and other materials that are available on the Online Shop. Content includes, without limitation, User Content which may be submitted by a User for the purpose of using Bolrix.games' services.
g. "Product" means game activation codes in digital form.
h. “Seller” means Bolrix OU company that contacts, engages and/or aims to sell goods through the Online Shop.
i. “Third Party Content” means any content that belongs to or originates from parties other than Bolrix.games and Buyers.
j. “User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Online Shop (including but not limited to, any text, correspondence, and photographs) by Users while using the Online Shop.
k. “User”, “you” and “your” collectively mean the person, company, or organization that has visited or is using the Online Shop and/or the Service. A User may be a visitor of Bolrix.games, an Account holder, and/or a Buyer.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOLREX.GAMES OR ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM BOLRIX.GAMES), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO BOLRIX.GAMES' RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL BOLRIX.GAMES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BOLRIX.GAMES HEREUNDER OR WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BOLRIX.GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Confidentiality
Definition.
“Confidential Information” means any information disclosed by either party to the other party under this Agreement, either directly or indirectly, in writing, orally or by inspection of tangible objects (including, without limitation, documents, Personal Information, software, facilities, equipment and operating plans). Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already rightfully in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party's files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or (vi) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure and discloses only so much of the Confidential Information as is required.
Non-disclosure.
Each party agrees not to use any Confidential Information of the other party except as expressly permitted in this Agreement or as expressly authorized. Each party agrees not to disclose any Confidential Information of the other party, to third parties except as provided in Section below.
Terms of Agreement.
Each party agrees that the specific commercial terms and conditions of this Agreement including but not limited too Price, Dates, Deliverables will be treated as the other parties’ Confidential Information and that no reference to the terms and conditions of this Agreement may be made in any form of press release or public statement without first consulting with the other party; provided, however, that each party may disclose the terms and conditions of this Agreement: (i) as may be required by law, if such party notifies the other party of such requirement prior to such disclosure in sufficient time to enable the other party to seek a protective order covering such disclosure; (ii) to legal counsel of the parties, provided such counsel is informed of his/her obligation to keep such disclosure in confidence with the same degree of care as the party’s other Confidential Information; (iii) in connection with the requirements of an initial public offering or securities filing provided such party seeks confidential treatment of the terms and conditions of this Agreement as appropriate; (iv) to accountants, banks and financing sources and their advisors, provided such persons and/or entities are informed of the obligation to keep such disclosure in confidence with the same degree of care as the party's other Confidential Information; and (v) in connection with a merger or acquisition or proposed merger or acquisition or the like provided such party seeks confidential treatment of the terms and conditions of this Agreement as appropriate and provided that the person to whom the Confidential Information is disclosed are informed of the obligation to keep such disclosure in confidence with the same degree of care as the party's other Confidential Information.
1. Subject of The Agreement
1.1. The Administration of the website on a reimbursable basis provides the User with the opportunity to use the services of the website to purchase Products for personal interests.
2. Account Registration and Security Checks
2.1 If you would like to use our Services, you are required to create a personalized Account by using your name and email address. Each Account should have a unique username and a password.
2.2 Each User is responsible for maintaining the security of its Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify Bolrix.games immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your Account or registration, and are not liable for any loss or damage arising from your failure to comply with this clause.
2.3 Your Account, including any information pertaining to it (e.g. contact information, billing information, CD Key details, Account history etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, unless expressly permitted by this Agreement.
2.4 By creating an account or using the Online Shop, you consent to us contacting you about your interest in our Services by email, phone, or through any other contact information you have chosen to provide.
2.5 We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates this Agreement.
3. User Conduct and Restrictions
3.1 You agree, acknowledge and understand that all Programs on sale through the Online Shop are distributed electronically. There are no boxes nor any DVDs to be delivered to you physically. You will receive a fully legitimate, electronic CD key for the Program that you purchase. You understand that upon receipt of the CD Key, you are required to activate the Program on a proper platform, e.g. Steam, PlayStation Plus or other.
3.2 Bolrix.games shall not be responsible for any loss or damage resulting from lost or stolen CD Keys or use of CD Keys without our permission.
3.3 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 Bolrix.games and/or any third party; (vi) infringes on any proprietary right of Bolrix.games 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 Bolrix.games and/or any third party.
3.4. 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.
3.5 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).
3.6 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.
4. Procedure for Ordering Goods
4.1. In order to purchase the Goods chosen by the User, the User is obliged to use the methods offered on the Online Shop.
4.2. Delivery of the Goods is carried out immediately after receipt of payment, with the exception of some cases when the User's Order needs additional verification by the Site Administration.
4.3. Before ordering the Goods, the User is obliged to familiarize himself with the terms, payment for the Goods, the characteristics of the Goods.
4.4. After placing the Order and paying for the Goods, the User receives an activation key in his personal account on the Site. The user is personally responsible for the safety and confidentiality of the received activation key and access to the personal account.
5. Payment for Goods
5.1. The goods are paid for before they are transferred to the User in full.
5.2. The settlements of the Parties take place in a non-cash form using the software and hardware of the Site through the payment system.
5.3. The goods can be paid for by any method presented on the Site.
5.4. When making a payment, a commission of a certain payment system (bank) may be provided. This commission is paid by the User.
5.5 Payment can be made via our secure check out pages using your credit or debit card. Your card will be debited at the
moment you place your order and receive confirmation.
6. Return Policy
6.1. The User has the right to refuse the order of the Goods until the moment of its payment.
6.2. Refusal of the Goods after payment is impossible, since the CD keys have individually defined characteristics and cannot be used after their activation by third parties.
6.3. If the return of funds is carried out due to the inability of the Site Administration to fulfill its obligations, then the funds are returned to the User through the financial instrument that was used by the User when paying for the Goods, unless another method of return is provided on the Site and / or is not determined by the Administration.
6.4. In the event of the return of the Goods (upon reaching a separate agreement between the Site Administration and the User), the User is returned only the amount of money that was paid for the Goods. From this amount, expenses associated with commissions of third parties (payment aggregators, agents, banks, intermediaries, etc.) for the transfer and (or) return of funds can be deducted.
7. Other Terms
7.1. If you have any questions, the User has the right to contact the Site Administration by the email: support@bolrix.games
7.2. All disputes and disagreements arising between the Parties in the process of execution of this Agreement shall be resolved through negotiations.
8. Intellectual Property
8.1. The exclusive right to the Site belongs to the Site Administration.
8.2. The exclusive rights to the Goods belong to their respective owners.
8.3. The User has the right to use the Product only for personal non-commercial purposes.
8.4. THE USER IS PROHIBITED to upload to the Site, reproduce, demonstrate, make available to the public photos and other materials, including text comments, WHICH THE AUTHOR IS NOT THE USER (and / or the right to use which the User has not acquired under an agreement with the copyright holder).
8.5 THE USER IS PROHIBITED to upload to the Site, reproduce, demonstrate, make available to the public text materials (comments) that include any content prohibited by law, including, but not limited to:
10. Termination
10.1 If you wish to terminate this Agreement, you may simply discontinue using Bolrix.games. If you wish to delete your Account data, please contact Bolrix.games at support@bolrix.games. We will retain and use your information as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements, and we will delete your full profile to the extent possible (if applicable).
10.2 Your rights under this Agreement will automatically terminate without notice and without refund of any fees if you fail to comply with the terms of this Agreement.
11. Comments
11.1. It is forbidden to make multiple purchases and bulk purchases of the Goods. The quantity of Goods allowed for purchase by an individual User is determined by the Administration individually for each Good. For non-compliance with this requirement, the User's account will be blocked without warning from the Administration. Without the risk of account blocking, it is possible to purchase only TWO copies of one Product.
11.2. The User is prohibited from insulting and expressing any other disrespect to other users of the Site and / or to the Site Administration, including its employees, partners, advertisers and other persons.
11.3. It is forbidden to post links to any other Internet sites and other resources, for advertising or other purposes, including to Internet sites that carry out similar activities with the Site.
12. Force Majeure
12.1 Neither Party shall be liable for delays and/or defaults in its performance under this Agreement due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing: acts of god or of the public enemy; fire or explosion; flood; actions of the elements; epidemics, telecommunication system failure; war; acts of terrorism; riots; embargoes; quarantine; viruses; strikes; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, delivery facilities, or supplies; acts or requests of any governmental authority; or any other cause beyond its reasonable control, whether or not similar to the foregoing.
13.2 Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Bolrix.games to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
13.3 Assignability: Bolrix.games may assign or delegate its rights or obligations under these Terms and Conditions, and/or the Bolrix.games' Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations, under the Terms and Conditions or Privacy Policy, without Bolrix.games' prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.
13.4 Notices to Users: Reports, statements, notices and any other communications may be transmitted by Bolrix.games to Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electronically sent by Bolrix.games to the User at the email address specified in the User’s Account.
13.5 Notices to Bolrix.games: Reports, statements, notices and any other communications may be transmitted by a User to Bolrix.games at support@bolrix.games. All communications and notices shall be deemed to be received, or served (as applicable), to Bolrix.games when electronically received by Bolrix.games at support@bolrix.games.
13.6 Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.