General Conditions for mobile

The owner of the game “GOLDEN MANAGER”® (the “App”) is the company KERAD GAMES, S.L., (“KERAD GAMES”), whose identification data are the following:

  • Registered address: C/ Electricitat, 6 casa 11, 08960 Sant Just Desvern (Barcelona - Spain).
  • VAT number: B-65.688.582.
  • E-mail: soporte@goldenmanager.com.
  • Registry data: recorded in volume 42,907, folio 14 and sheet number B-418,419 of the Commercial Registry of Barcelona.

1. Access to the App

These General Conditions regulate access and use of the users to the App (the “User/s”).

The services and content of the App are exclusively addressed to persons older than 14 years of age. Therefore, every time you provide us your personal data, you declare that you are 14 years old, and that you are aware that you are banned from using the App if you are under 14 years of age. For these purposes, KERAD GAMES may be entitled to request the Users, at any moment, documentation evidencing of their age. In the event the User does not attend KERAD GAMES’ request or does not attend it properly, the latter will be entitled to ban him/her the use of the App.

Access to and use of the App implies the acceptance of these General Conditions, as well as the Privacy. Therefore, before accepting them please read its content carefully.

KERAD GAMES reserves the right to modify content and/or scope of the General Conditions at any moment, without any need to notify it in advance. You are therefore advised to read carefully their content before downloading the App and/or, as the case may be, purchase virtual ingots (the “Ingots”), as it is the liability of the User to review the General Conditions before downloading the App and/or purchase Ingots. General Conditions will always be available, from the Help centre, in the game.

2. Users’ signing up 

To access and use the App, the User shall download it from “Google Play”, “Apple Store”, “Amazon App Store” and any other platform (the “Platforms”) that KERAD GAMES deem it convenient and to follow the steps foreseen for such purposes.

Once the App is installed on the User’s device, the latter shall be registered as User through the "ID Device" (using "Game Center" for iOS devices or "Play Games" in case of Android devices) or by their credentials on "Facebook". With this second option, the User may access the game on any device (mobile phone, tablet, computer, etc.).

User may know that access and, as the case may be, register to the Plataforms is subject to the terms and conditions set forth by any of them. KERAD GAMES will not be held liable for any possible infringement to such terms and conditions in which the Users might fall.

3. Incompatibility between accounts with "Facebook"

If a User in the context of the game, creates a team in a computer device through his/her account on "Facebook" and, at the same time, creates a second team in another device through the "ID Device" , "Game Center" or "Play Games "at the time when the second team is identified with the User's account in "Facebook", "Facebook" will detect it and the User will receive a conflict message. This message is sent because "Facebook" detects that exist two teams under the same account but from different devices.  In this event, the User will be informed that if he/she wants to continue using "Facebook" to play with the second team, the User must choose one of the two teams and the discarded team will be removed and deleted, which will imply that automatically the User will loose all players, Ingots and other resources made throughout the game, as well as its history of matches and signings.

4. Use of the App

User undertakes to make diligent use of the App, and to comply entirely with applicable law, these General Conditions and, as the case may be, any other terms and conditions included in the App.

As a consequence thereof, User undertakes to respect other Users and not to submit own or third party comments and/or content that could be (i) unlawful, violent, pornographic, racist and/or denigrating; and/or (ii) result inappropriate or not pertinent in connection with the activity of KERAD GAMES, its products and/or services.

Moreover, User undertakes not to carry out any act that may damage, make useless and/or overcharge the App, or that may prevent, in any form, its usual use and/or operation.

User is informed that, in the event that he/she may infringe these General Conditions, the Privacy and Cookies Policy and/or any other terms and conditions foreseen on the App, KERAD GAMES is entitled to limit, suspend and/or terminate his/her access to the App, adopting any technical measure that may be necessary for such purposes.

KERAD GAMES makes its best efforts to keep the App in good working order, prevent errors or remedy them, if they arise, amend them, and keep the content of the App up-to-date. However, KERAD GAMES does not warrant the availability or continued access to the App, that there are no errors in its contents or that its contents are up-to-date.

KERAD GAMES reserves the right to change, delete and/or update the information included in the App, as well as its layout and/or presentation, at any time, without giving prior notice.

5. Purchase of Ingots and acquisition of virtual goods

Access to and use of the App is free of charge except when the User wants to purchase Ingots for the game of the App and/or for the acquisition of virtual goods that could be licensed to the User by KERAD GAMES (such as, for example, virtual T-Shirts).

In this event, User declares that he/she is legally entitled to acquire Ingots, this is he/she isolder than 18 years old. In the event there is a User, under of legal age, interested on their acquisition, his/her parents (of legal age), guardians and/or legal representatives shall contract in his/her name and behalf.

The price of the Ingots and of the virtual goods is the one featured next to each of them on the App and it will include all applicable taxes, as the case may be. The price applicable to each Ingot/virtual good will be the one featured at the time of the purchase by the User.

User may effect the payment of the Ingots through the payment methods foreseen on the App and he/she will be the sole responsible to know the characteristics, costs and use of the payment method chosen, as well as to have sufficient balance to make the relevant payments of the Ingots. 

Once the relevant payment has been effected through any of the means foreseen in the App, User will receive a notice from KERAD GAMES, confirming that the payment has been made correctly.

Should there is a delay in the delivery of the Ingots to the User for any ground not attributable to KERAD GAMES the latter shall not be considered responsible of said delay.

Due to the nature of the Ingots, the Right of Withdrawal foreseen by law in force does not apply[1]. The “Right of Withdrawal” is the authority of any consumer to rescind an order or purchase and to return it, without any need to justify his/her decision.

Ingots shall only be used as virtual coin within the game of the App and be traded for other virtual goods of the game such as, for example, virtual shirts. 

In the event the User does not access, use and/or participate in the game of the App for a period of thirty (30) consecutive calendar days, he/she shall be considered as an "inactive" User and therefore he/she automatically will loose all Ingots obtained free of charge up to the date and he/she shall not be able to claim them to KERAD GAMES for any ground.

6. Testing Novelties and Improvements

Any User is entitled to participate in the tests that KERAD GAMES may organise with a view to obtaining opinions and valuations about the novelties and/or improvements that KERAD GAMES may be introducing into the App.

KERAD GAMES shall be able to give to the Users involved in these tests Ingots free of charge and that will be governed by the provisions of the preceding section.

7. Intellectual Property

All intellectual property rights over designs, content and/or software of the App, in their different versions, as well as all the elements contained in the App (texts, graphics, photograph, videos, audible recordings, and so on), 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 App (“Free Software”).

Notwithstanding the principles, terms and conditions of the Free Software:

  • KERAD GAMES grants the User, in connection with the App, a non-exclusive and non-transferable licence, with no transfer option to third parties and limited exclusively to the purposes and functions of the App during the term the User is registered in the App. 
  • User recognizes and guarantees that the software of the App 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 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 App, their content and/or KERAD GAMES’s distinctive signs is expressly forbidden.

8. Liability

KERAD GAMES shall not be held liable, under any circumstance, in any of the following events:

  1. 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.
  2. A case involving any infringement of the App, or of any of their parts, committed by a third party other than KERAD GAMES.
  3. A case involving any infringement resulting from the inability by the User of implementing on time the updates/versions of the App received from KERAD GAMES. 
  4. A case involving any infringement arising from a use of the App that does not comply with the uses allowed according to the General Conditions and to any other terms and conditions applicable.
  5. A case involving any incident, suspension, interruption or fall in Internet that may prevent the availability and/or continuity of access to the App.
  6. A case involving the breach by the User of the policies and/or any terms and conditions laid down in the Platforms.

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 App, 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 or under the law in force in connection with the use of the App.

9. Personal Data Protection

According to law in force, Users’ personal data provided to KERAD GAMES are governed by the Privacy and Cookies Policy.

10. Cancellation of the User

Users shall be entitled to cancel their subscription to the App following the steps laid down to that effect in the Platforms.  

Notwithstanding the foregoing, Users consent that KERAD GAMES may continue to send them commercial information (also by electronic means). Consent can be revoked at any time, with no retroactive effects, by sending an email at support@goldenmanager.com.

11. Invalidity

Should any clause in these General Conditions be declared totally or partially invalid or ineffective, such invalidity or inefectiveness 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 purposes hereto, it unavoidably affects the General Conditions as a whole.

12. Claims and complaints

User shall contact KERAD GAMES, through the means indicated at the beginning of these General Conditions, to lodge complaints and claims. KERAD GAMES undertakes to attend them as soon as possible and, in any event, no later than one (1) month after they have been submitted.

13. Language

The General Conditions are written in Spanish and English. In case of discrepancies between such versions, the Spanish version shall prevail.

14. Applicable Law and jurisdiction

The General Conditions shall be governed and interpreted in accordance with Spanish law.

In the event of any conflict or discrepancy in the interpretation and/or application of the General Conditions, the competent Courts shall be those foreseen by the applicable law on competent jurisdiction of consumers and users.

15. Contact

For any questions resulting from the App, Users shall contact KERAD GAMES through the email support@goldenmanager.com.

© KERAD GAMES, S.L. 2014 

‘GOLDEN MANAGER®’ is a registered trademark by KERAD GAMES, S.L.

Last revision: November 2014

[1]I order the purchase of Ingots and I accept and recognize that will not hold the Right of Withdrawale once the purchase has been made”

 
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