The terms of this agreement («Payment Terms») govern the relationship between you (hereinafter «You» or «User») and FUN FACTORY LLC (hereinafter «Gamexp.com» or «We») regarding your use of Gamexp.com’s Games and related services, which include applications for mobile devices and Gamexp.com branded websites of relevant games. In this agreement, «Gamexp.com» means FUN FACTORY LLC located at Vereyskaya str., 29 build. 33, Moscow, Russia, 121357
This Payment Terms shall regulate the general procedure and conditions for granting the User with the rights of access to the Additional Function Set of the Games and related Website/Services by Gamexp.com.
Your use of any Game Services is governed by GENERAL TERMS OF SERVICE placed on the Internet at http://legal.gamexp.com (hereinafter the «General Terms»), by End User License Agreement and by these Payment Terms, as well as other agreements and terms in respect of certain Game (if any).
Please note that within the Game may be offered services and software of the partners of Gamexp.com, the use of which shall be governed by separate agreements with these Partners of the Company.
Your use of Game Services designed for mobile devices displayed at Gamexp.com website is regulated 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 documents of the Company, which means that Your use of that Game Services is regulated by such documents too.
Terms and Definitions
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 the Company.
Game shall mean any interactive free-to-play software program in any language being developed and published by Gamexp.com and/or its Partner on any platforms (the current and future platforms in respect of which the Game is developed for and released upon, which include mobile platforms and Personal computers), including all sequels, prequels thereof as well as all updates and all other changes in and to the Game. For the avoidance of doubt, by the Game shall be considered the also the localized versions of the same Game adapted to different countries and languages.
Company partner shall mean the individual or legal entity developing or operating the Game and/or relative application. Relations between the User and certain Company partner occurring in the course of using of the Company Partner’s Service by the User shall be subject to regulation by separate agreements between the User and the Company Partner.
Personal Account (Account) is a collection of data associated with a particular User. Each Account includes User’s login and password and displays to the User their current virtual account in the private sector of the interface of the relevant Game Website and the amount of the virtual currency of the Game accrued by the Company 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 the Company Partners.
User shall mean a person who uses certain Game and/or related Services.
Website shall mean the official website of certain Game.
- At the wish of the User the Company shall provide the User paid AFS (its peculiarities and availability within the framework of the relevant Game shall be determined by the Company 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 of the hereof Agreement and the agreements for certain Games.
- The cost of the rights to use the AFS shall be paid for by the User by transfer of money in the amount of the cost of the rights volume chosen by the User for use of the AFS of the relevant Game and displayed in the User’s Account as virtual currency.
- 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.
- 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.
- The cost of the rights to use the AFS may be unilaterally changed by the Company 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.
- 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 the Company shall be deemed fulfilled in full and the money deposited by the User shall not be subject to return (except mentioned in clause 24).
- 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.
- 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. The Company 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 owners (holders) of such payment systems. The Company shall not send the User any 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.
- The Company 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.
- The rights to use the AFS will be granted to the User only if such rights are paid in full, except for the cases when rights are granted according to special promotional events or in a limited extent. In this regard prior to confirmation of the payment the Company shall be entitled not to provide the right to use the AFS, or to provide it in a limited extent.
- In case if 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 obtains access to the AFS of any Game without obtaining the right to use it as established, the User shall inform the Company and pay to the Company the cost of the right to use such AFS, or eliminate all the consequences of the illegal use of the AFS. the Company shall be entitled to independently without notice to the User eliminate such consequences.
- 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 the Company, submit thereto such documents, as well as information on the circumstances of such payment made by the User.
- The User shall independently monitor the state of his/her Account.
- The exclusive right for distribution of the AFS belongs to the Company, 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 the Company.
- In case the Company establishes that the User obtains access to the AFS from third parties, the Company 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 the Company’s Partners.
- Acquisition of the rights to use the AFS shall not release the User from observing current terms. For the avoidance of doubt, in case of breaches the Company 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 User’s Account. In this case the cost of the rights to use the AFS acquired by the User shall not be compensated by the Company.
- 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 location, or for any other purpose. If User does this, the Company may terminate User’s access to their Account without any prior notice.
- The User shall guarantee that he/she has the right to use the means he/she has chosen for payment for 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. The Company shall not be liable for possible loss to third parties and/or the other Users caused as a result of use by the User for payment funds not belonging thereto.
- the Company shall not be liable for possible illegal actions of the User when he/she pays for the right to use the AFS. The Company 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.
- In the case that the Company has grounds to suspect that the User is taking illegal or fraudulent actions related to the payment for the rights to use the AFS, the Company shall be entitled to transfer the relevant information to the law enforcement authorities for investigation of such fact.
- 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.
- To avoid cases of fraud due to paying by bank cards, payments by a bank card may be checked by the Company. At request of the Company, a User who is the cardholder and who has executed such payment shall submit copies of the documents required by the Company 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, the Company shall be entitled to suspend provision of the User with the rights to use the Game and the AFS of the Game till investigation.
- Any payments related to Your use of the Game include any type of use or sales taxes, charged by the Company and/or its Partners. You agree that in case of any additional taxes in future the Company may also charge you for those taxes in connection with future payments.
- 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. 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.
- These Payment Terms shall be governed by the law of the country of residence of the Company. 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 the Company
- 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.
- These Payment Terms can be modified by the Company without any prior notice. Any changes to these Payment Terms, implemented by the Company unilaterally, shall enter into force on the day following the date of publication of such changes on the Website and/or at http://legal.gamexp.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.
On all issues related to this Agreement, please use the e-mail address firstname.lastname@example.org.
Fun Factory LLC, 121357, Russia, Moscow, Vereyskaya str., 29 build. 33