The owner of the website www.goldenmanager.com ('Website') and the web game 'GOLDEN MANAGER®' (the 'Game') is the company KERAD GAMES, S.L. ('KERAD GAMES'), whose identification date are the following:
- Registered address:C/ Electricitat, 6, casa 11, 08960 Sant Just Desvern (Barcelona - Spain).
- Phone:+34 93 879 47 50.
- Registry data:Recorded in volume 42,907, folio 14 and sheet number B-418.419, 1st entry, of the Barcelona Commercial Registry.
Access to the Website and/or the Game
These General Conditions of Access and Use regulate access and use of the users to the Website and/or the Game ('Users').
The services and content of the Website and/or the Game are exclusively addressed to persons older than 14 years of age. Therefore, every time you access and/or use the Website and/or the Game or you provide your personal data, you declare that you are 14 years old, and that you are aware that you are banned from using the Website and/or the Game if you are under 14 years of age. For these purposed, KERAD GAMES may be entitled to request, at any moment, the Users documentation evidencing of their age. In the event the User does not attend KERAD GAMES’ request, the latter will be entitled to ban him/her the use of the Website and/or the Game.
To access and use the Website and/or the Game, the User shall sign up either by means of his/her credentials in 'Facebook' and follow the steps foreseen for such purposes.
Accessing and, where applicable, registering to 'Facebook' is subject to the terms and conditions laid down by 'Facebook'. KERAD GAMES will not be liable for any potential infringement to said terms and conditions in which the Users might fall.
Use of the Website and/or the Game
User undertakes to make diligent use of the Website and/or the Game, and of the information regarding contained therein, and to comply entirely with applicable legislation and these General Conditions of Access and Use, and with any other applicable conditions set forth on the Website and/or the Game.
As a consequence thereof, User undertakes to respect other users and not to express comments and/or content of his/her own or of third parties that could be: (i) unlawful, violent, pornographic, racist and/or denigrating; and (ii) result inappropriate or not pertinent in connection with the activity of KERAD GAMES.
Moreover, User undertakes not to carry out any act that may damage, make the Website and/or the Game useless and/or overcharge the Website/Game, or that may prevent, in any form, its usual use and operation.
KERAD GAMES makes its best efforts to keep the Website and/or the Game in good working order, prevent errors or remedy them, if they arise, amend them, and keep the content of the Website up-to-date.
However, KERAD GAMES does not warrant the availability or continued access to the Website and/or the Game, that there are no errors in its contents or that its contents are up-to-date. KERAD GAMES reserves the right to change, delete or update the information included in the Website and/or the Game, as well as its layout and/or presentation, at any time, without giving prior notice.
Intellectual Property of the Website and/or the Game
All intellectual property rights over designs, databases and/or software (including source codes) of the Website and/or the Game, in their different versions, as well as over its structure, selection and organization, are owned by KERAD GAMES or, where applicable, its licensors without prejudice of the principles, terms and conditions of the free software used to create the Game ( 'Free Software').
Notwithstanding the principles, terms and conditions of the Free Software:
- KERAD GAMES grants the User, in connection with the Game, a non-exclusive and non-transferable licence, with no transfer option to third parties and limited exclusively to the purposes and functions of the Game.
- User recognizes and guarantees that the software of the Game is owned solely and exclusively by KERAD GAMES (and/or its licensors, as the case may be) and that, consequently, he/she is acquiring solely a limited right to use the software, the use of which cannot be understood as a transfer of rights other than what is expressly laid down in these General Conditions of Access and Use and in the principles, terms and conditions of the Free Software.
- The reproduction, transformation, adaptation, distribution, translation, public communication, disposal, removal and/or any other expressly unauthorised way of disseminating the Website, the Game, their content and/or KERAD GAMES’s distinctive signs is expressly forbidden.
KERAD GAMES shall not be held liable, under any circumstance, in any of the following cases:
a) A case involving any damage, harm, ceasing profits and/or loss suffered directly or indirectly by the User, regardless of the way it may have come to be.
b) A case involving any infringement of the Website and/or the Game, or of any of their parts, committed by an entity other than KERAD GAMES.
c) A case involving any infringement resulting from the inability by the User of implementing on time the updates/versions received from KERAD GAMES.
d) A case involving any infringement arising from a use of the Website and/or the Game that does not comply with the uses allowed according to the General Conditions of Access and Use and to any other condition applicable.
e) A case involving any incident, suspension, interruption or fall in Internet and/or 'Facebook' that may prevent the availability and/or continuity of access to them (in this case, the User shall contact the customer service of 'Facebook').
f) A case involving the breach by the User of the policies and/or any terms and conditions laid down in 'Facebook'.
User shall hold KERAD GAMES harmless from any claim, judicial or extrajudicial, initiated by third parties, as a consequence of his/her use of the Website and/or the Game, and shall be held liable of the damages and/or prejudices of any kind that KERAD GAMES may suffer as a consequence of the infringement of any obligations to which it is subject under these General Conditions of Access and Use or under the law in force in connection with the use of the Website/Game.
Policy on Hyperlinks
a) Links to the Website
Should third parties wish to include a link to the Website/Game on a website ('Linking Site'), they shall necessarily obtain prior, express and written consent from KERAD GAMES.
In no case does the authorization granted by KERAD GAMES mean that the latter endorses, promotes, guarantees, supervises and/or recommends the content and/or services of the Linking Site nor that it is liable for its content.
The Linking Site shall comply with the law in force and shall not, in any way, house content of its own or of third parties that: is unlawful, harmful, violent, pornographic, racist and/or degrading; and/or results inappropriate or not pertinent in connection with the activity of KERAD GAMES.
In the event of infringement of any of the above-referred terms, KERAD GAMES shall, immediately, revoke the consent granted to the Linking Site, which shall delete the said link.
b) Links to Other Websites
It is possible to include links to the Website/Game that allow the user to access other websites ('Linked Sites').
In no case does the existence of Linked Sites imply recommendation, promotion, identification and/or approval by KERAD GAMES of any statements, content and/or services provided through the Linked Sites. As a consequence thereof, KERAD GAMES shall not be held liable for the content, policies and conditions of Linked Sites, being the User the sole responsible to verify and accept them every time that he/she may access and use them.
Purchase of 'Ingots'
Access and use of the Website/Game is free except when the User wants to acquire Ingots. In this event, User declares that is legally entitled to acquire them.
The price of the Ingots is the one featured next to each of the products on the Website/Game and it will include all applicable taxes, as the case may be. The price applicable to each Ingot will be the one featured at the time of the purchase by the User.
User may effect the payment of the Ingots through the systems foreseen on the Website/Game.
Once the relevant payment has been effected through any of the means foreseen in the Website/Game, User will receive a notice from KERAD GAMES, confirming that the payment has been done correctly.
User shall have 7 working days from the acquisition of the Ingot to exercise the relevant right of withdrawal according to the enclosed through mail email@example.com except if the Ingot has been consumed/used up by the User before such term.
Personal Data Protection
Should any clause in these General Conditions be declared totally or partially invalid or ineffective, such invalidity or ineffectiveness will only affect that provision or part thereof which is null or void, and the General Conditions shall remain in force in all other respects, the provision or part thereof that is affected being deemed non-existent. Accordingly, only the invalid or ineffective provision of the General Conditions shall cease to be valid, and no other part or provision of these General Conditions shall be annulled, invalidated or adversely or otherwise affected by such invalidity or ineffectiveness, unless, due to being essential to the purpose hereto, it unavoidably affects the General Conditions as a whole.
The General Conditions are written in Spanish and English. In case of discrepancies between such versions, the Spanish version shall prevail.
Access to, and use of, the Website shall be governed and interpreted in accordance with Spanish law.
KERAD GAMES reserves the right to amend the content of these General Conditions at any time without prior notice.
For any questions arising from these General Conditions, please contact KERAD GAMES through the e-mail firstname.lastname@example.org
Copyright © KERAD GAMES, S.L. 2013.
Last revision: 25.03.2013