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General Conditions Of Use Of The Service

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Service

Galaxy Games offers Internet users a multi-player game "Pangya" (hereinafter "the Service"). Access to and use of this Service is subject to these General Conditions of Use (hereinafter "GCU").

In order to take advantage of this Service, the internet user (hereinafter "the User") must:


  • be resident in the European Union or in one of the following countries for which Galaxy Games holds an operating licence: Andorra, Belarus, Bosnia Herzegovina, Croatia, Iceland, Liechtenstein, Monaco, Montenegro, Norway, Serbia, Switzerland, Ukraine;
  • have free use of a computer configured and set for the purposes of using the Service;
  • have software licences required to use the Service;
  • have sufficient technical knowledge enabling them to use the Service normally;
  • have a User Account and therefore be duly registered on the "Pangya" website (http://www.pangya-eu.com).

Use of the Service by minors is subject to the authorisation of the parental authority titular user and requires that the user agrees to warrant that the present General Conditions of Use be followed.

Prices

The games are free to use but they include optional pay content. The price of optional content is fixed by Galaxy Games for each of the games and sent to the User prior to their order. Galaxy Games may change the price at any time, with the cost applicable to each order being the current price at the time of the order.

It is agreed that content is purchased by downloading. No physical media (CD, etc.) will be sent.

Payment

To buy optional game content, the User must credit the virtual wallet of the corresponding game beforehand by using one of the available means of payment.

Galaxy Games will debit the cost of the content downloaded by the User:


  • from the User's credit, debit or payment card, or
  • from the invoice sent by the User's Internet Service Provider, or
  • from the invoice sent by the User's fixed line telephone operator, or
  • from the invoice sent by the User's mobile telephone operator.

It is specified that the options for payment may change (introduction of new means of payment or removal of existing means of payment). It is understood that the money can only be used in the game for which it was purchased and that the User cannot claim its refund.

Access to the Service

The Service is provided by Galaxy Games on an ongoing basis, subject to maintenance operations and server updates, and subject to unforeseen interruptions.

The User can obtain information relating to the Service by completing the following form: Help form

Conformity - Liability

The game is considered as the application of the game itself as well as all the files relating to it: installers, manuals, FAQ, etc.

The User undertakes to use the game under the conditions conforming to its purpose and under the regulations in force and undertakes to comply with the "Behaviour Charter".

The User must ensure that the downloaded game is compatible with their computer and software.

Galaxy Games cannot be held liable for incorrect use of the downloaded games or their compatibility with the User's system.

Galaxy Games's liability and guarantee are entirely limited to replacing games acknowledged as defective, and excludes any indemnity related to additional costs and awarding of damages to any person whatsoever.

Any claim must be made by registered letter with acknowledgment of receipt, within eight clear days following the download date.

Intellectual Property

By downloading the games and paying for optional content the User is granted an individual licence for non-exclusive use of the games and the content purchased, solely for personal purposes, non-transferable and non-commercial.

The User undertakes to comply with copyrights and publishing rights on the downloaded games, which are works protected by copyright and shall wholly remain the property of their authors and publishers.

Consequently the User is prohibited from modifying, decompiling, translating, adapting and copying the downloaded games in any way whatsoever.

The User undertakes not to reproduce, sell, grant a licence for or use the downloaded games for commercial purposes on any medium whatsoever.

However, the User may reproduce the downloaded data on a single computer for the purpose of using the data for private and personal use as well as recording it on a CD-ROM or other medium for personal non-commercial archiving.

As a general rule the User undertakes not to modify or infringe in any way whatsoever the title, trademark or intellectual property right attached to the downloaded games.

Termination

Galaxy Games can cease all relations with the User in the event of a breach by the latter of the provisions of this document, particularly in the event of non-payment, or infringement of the Intellectual Property Code.

Protection of Personal Data

Information concerning the User collected by Galaxy Games will be treated with the highest confidentiality in compliance with the Data Protection Act of 6 January 1978.

At any time the User has the right to access, object to and rectify the personal data concerning them, by writing to France Télécom / DC - Galaxy Games / Customer Services / 48 rue Camille Desmoulins / 92130 Issy-les-Moulineaux - FRANCE, this should include a photocopy of their identity card or passport, as well as giving their last name, first name, address and their Account identifiers.

To optimise operation of the Service, Galaxy Games may collect electronic identification data from the User's browsing.

Galaxy Games will not share or disclose the personal date of the User, except in the following cases :


  • when the User has given their prior agreement to share this information;
  • when Galaxy Games must share this information with its suppliers, service providers and particularly technical service providers, sellers, buyers, in order to enable the User to use the Service;
  • when Galaxy Games is obligated to do so by a legal authority or by the law.

Jurisdiction - Applicable Law

Any dispute arising from the application or the interpretation of this document will be submitted to the Courts of the Paris Court of Appeal and will be subject to French law.

Galaxy Games, 2 rue Jean Rostand, Orsay 91893, France

Draft - June 15th, 2010.