GameTap LLC – A Metaboli SA Company
c/o LIME, LLC
132 Fayerweather Street
Cambridge, MA 02138
If you have questions regarding how this service works, please contact
our customer support team by email: firstname.lastname@example.org.
The Distributor collects information about Customers to process orders and provide the best possible service.
The Distributor is fully committed to compliance with the Directive 95/46/EC. The following principles will be applied when the Distributor handles personal information:
These principles apply whether the Distributor holds Customer’s information on paper or in electronic form.
During the use of the Service, some statistical information is gathered and transmitted to our partners but this information does not contain any nominative or personal information about the Customer.
The Customer may request his personal data stored by the Distributor at any time by contacting the customer services.
PLEASE READ THESE TERMS AND CONDITIONS (The "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICE. IN THESE TERMS AND CONDITIONS, WE HAVE TRIED TO BE AS ACCURATE AND SPECIFIC AS POSSIBLE; IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT OUR CUSTOMER SERVICE TEAM. BY USING THE SERVICE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE. THANK YOU FOR YOUR TRUST AND HAPPY GAMING!
Gamesplanet.com is an Internet website (hereinafter "the Site") offering internet users who have registered to the site (hereinafter "Customers"), a download to own video game service.
The user may select a video game, download it, install it on his or her computer and keep it on his or her hard disk drive (hereinafter "the Service").
The Service is operated by Gametap LLC (hereinafter the "Distributor"), c/o LIME, LLC 132 Fayerweather Street Cambridge, MA 02138.
The Service consists in the digital delivery of video games and all associated content needed to install and run such games in form of serial or activation key, multiplayer key and/or bonus key or as data files for download. No physical back-up, notably CD-ROM or DVD-ROM, will be sent (hereinafter "the Games" or the "Video Games").
Furthermore, the Service can also carry, under similar conditions, other products, such as strategy guides. These Terms of Service apply equally to any such other products as well.
2.1 – Internet Access: Internet Access: The Game files available to download range from dozens of megabytes to many gigabytes in size. It is therefore recommended that the Customer have a broadband internet connection, either ADSL or cable. Internet access is also required to install and launch the downloaded Games, or, depending on the Games, to make use of certain dedicated features (e.g., multiplayer sessions, etc.).
2.2 – Account: To use the Service, Customers will need to create an account and will be required to supply valid information including a valid email address. Incorrect details may result in the rejection of the Customer’s order.
2.3 – Computer: The Games require a clean computer, with system specifications fulfilling certain minimum requirements (e.g., CPU power, RAM, and GPU). These specifications are provided online on a per-Game basis. It is the Customer’s responsibility to check that the Customer’s computer fulfills the minimum requirements to run each Game. If in doubt about the specifications, please refer to Section 5 below – Customer Service and ask our customer service.
The Distributor will not be held responsible for misuse of the downloaded Games, nor for their compatibility with the Customer’s computer.
The prices of Games advertised for sale or license on the Site are as set out on the Site, errors and omissions excepted. Prices may change at any time prior to acceptance of Customer’s order.
Orders may be taken for Games that have not yet become available. For some Games, Customers will be able to make a pre‐released order or a pre‐load order using the Site. Release dates are set by the applicable Game publishers and are subject to change. As a result, the Distributor is not liable for any changes to a pre‐release date.
Pre‐release, pre‐load or download orders will be supplied at the price applicable at the time of order and the sale is said to have taken place once the site displays the Customer’s payment confirmation page and the Customer receives a confirmation email.
No bank or card details are visible or stored by the Distributor or on the Site. In order to fight mounting internet fraud, the Distributor collects and records certain device identifying information such as IP addresses, as well as other non‐personally identifiable information. In addition, the Distributor has contracts in place with certain third-party service providers and shares such non personally identifiable information with them to provide the safest user experience. In the absence of fraud this information will remain confidential.
4.1 – Customer ID:
The Customer is responsible for maintaining the confidentiality of Customer’s account login and password, and is fully responsible for all activities that occur under this account.
The Distributor reserves the right to suspend or terminate any account if it is or appears to be used in breach of any of the provisions of these Terms & Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re‐register on the Site without the Distributor’s prior consent.
In the event of any unauthorized use of a Customer’s account or any other breach of security, the Customer must notify the Distributor immediately by contacting customer service.
Note about Phishing (the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords and credit card details): The Distributor will never ask the Customer to divulge any password. Any such request would be a fraud attempt by a third-party.
4.2 – Game Delivery:
The Customer can access the Games’ data files and all associated content needed to install and run the Games (e.g., serial number or activation key, multiplayer key, and bonus key) once the payment has been validated. In order to fight fraud, the Distributor may refuse or delay the delivery of some or all of this associated content should the payment not be validated. If a Customer is waiting for a Game delivery, the Customer may contact customer service in order to expedite the payment validation process.
4.3 – Right of withdrawal:
The Customer shall have a period of 14 working days in which to withdraw from the contract with respect to any particular Game without penalty and without giving any reason. The period for exercise of this right shall begin from the day of conclusion of the contract for said Game (that is, once Customer has received the link that permits the Customer to obtain a serial number for the applicable Game).
Notwithstanding the foregoing, once a Customer receives a serial number for a Game using the aforementioned link, the Customer may NO LONGER exercise the right of withdrawal with respect to such Game because the Service will have commenced for the Game. For the avoidance of doubt, with respect to any Game, performance begins as soon as any activation key (i.e., the serial number) is obtained by the Customer at which point the 14-day withdrawal period and right to withdraw shall no longer apply with respect to the applicable Game(s).
4.4 – Distributor cancellation & refund policy:
Video Games for which the Customer has received a serial number are non‐refundable.
Refunds may be exceptionally offered if customer service has determined the Customer’s refund request reasonable and if all the following conditions are met:
Customer service will determine in its sole discretion if a Customer meets the foregoing criteria for a refund and may decide, according to certain payment methods, to deduct a part of the amount in order to cover the financial costs of the refund. If a Customer believes he or she qualifies for a refund, the Customer must contact Customer service as mentioned in Section 5 below.
4.5 – License of Use:
The payment and download of Video Games gives the Customer an individual, non-exclusive license for the use of the Game purchased, for a purely private, nontransferable and non‐commercial use. The Customer commits to using the Game following the Publisher’s End User License as provided during installation and/or (depending on the Game) on the Site.
In consequence, the Customer is forbidden from modifying, decompiling, translating, adapting and/or copying the downloaded game(s) in any way, except to create a copy onto a CD or DVD‐rom or any other support for personal archiving.
The distribution of non‐authorized copies to third parties over the internet or any other network is strictly prohibited. In order to prevent fraud, the Customer may only install the Games on a limited number of machines (and reinstall a limited number of times) and/or, (depending on the Game), will have to create an account directly on the Publisher’s site or any third party selected by said Publisher to launch or access dedicated features of the Game.
In the event of problems arising from the reasonable re‐installation of a Game (e.g., loss or system alteration), please contact customer service, which may expand Customer’s rights after having analyzed any reasonable requests.
CUSTOMERS ACKNOWLEDGE AND AGREE THAT DISTRIBUTOR AND ITS LICENSORS HAVE THE ABSOLUTE RIGHT IN THEIR SOLE DISCRETION, WITHOUT ANY LIABILITY TO CUSTOMERS OF ANY KIND AND IN ADDITION TO ALL OF ITS OTHER RIGHTS UNDER THESE TERMS OF SERVICE, AND OTHERWISE IN LAW AND AT EQUITY, TO CANCEL ANY AND ALL ORDERS, PRODUCT KEYS OR REDEMPTION CODES FOR PRODUCTS CUSTOMERS HAVE PURCHASED SHOULD DISTRIBUTOR AND ITS LICENSORS DETERMINE IN THEIR SOLE DISCRETION THAT CUSTOMERS HAVE VIOLATED THESE TERMS OF SERVICE AND/OR THE LICENSE OF USE.
The Distributor provides assistance with the Service for any questions relating to the download of, the installation of or the payment for a Game.
To receive assistance with the Service, Customers can go to the online support pages and, if they do not find the required answers, may contact customer service using the contact form available on the Site.
In order for customer service to satisfy any request, the Customer will be required to give information that was sent after the purchase (sale ID), and accurate information about the issue encountered and about the Customer’s computer environment.
The Distributor is not responsible for any issues linked to the Game itself. These issues are the Game Publisher’s responsibility only. The Distributor may provide links to the Game Publisher’s customer support or technical FAQ pages if and when available.
If none of the articles in the FAQ pages would help, Customer can contact Customer Service at email@example.com.
The Distributor commits to putting in place all the means at its disposal to ensure continued access to the Service. However, the Distributor cannot guarantee the speed of download of the Games, as such things are the responsibility not only of the Service but are characteristics inherent to the Internet or the delivery of a third party’s service, notably those of the Internet Service Providers (ISPs).
The Service runs via a technological environment that is under the management and the responsibility of the Customer, the Distributor is not responsible for any problems arising from this environment.
Apart from issues that directly concern the Service provided, the Distributor will in no event be responsible for the reliability of the data transmission, the access speed, or any other eventual restrictions of the Service. In addition, please note that momentary degradation of the quality of the Service, may occur in the event of maintenance, repair, re‐enforcement, extension or improvement of the Service, and Distributor shall incur no liability in connection therewith.
7.1 – Disclaimer of Warranties: DISTRIBUTOR AND ITS LICENSORS DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND CUSTOMER AGREES THAT, FROM TIME TO TIME, DISTRIBUTOR MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO CUSTOMER. CUSTOMER EXPRESSLY AGREE THAT CUSTOMER’S USE OF, OR INABILITY TO USE, THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO CUSTOMER THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY GAMESPLANET.COM) PROVIDED "AS IS" AND "AS AVAILABLE" FOR CUSTOMER’S USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND DISTRIBUTOR AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
7.2 – Liability Limitations: IN NO CASE SHALL DISTRIBUTOR, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (COLLECTIVELY, THE "GAMESPLANET.COM PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES DELIVERED TO CUSTOMER THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GAMESPLANET.COM PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN LIMITATIONS OF LIABILITY, INCLUDING FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF GAMESPLANET.COM PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.3 – Indemnity: By using the Service, Customer agrees to indemnify and hold the Gamesplanet.com Parties, harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms of Service by Customer or through Customer’s account or Customer’s use or access of the Service. Customer shall use best efforts to cooperate with gamesplanet.com in the defense of any claim. We reserve the right, at Distributor’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter subject to indemnification by Customer.
In addition to the online selling of Games, the Distributor provides tools allowing communication between Customers (e.g., user reviews, forum posts, profiles, and messages).
8.1 – Rules of Conduct: The Distributor may delete any illicit content and, as a potential author, the Customer will be held responsible for content contributed to the Service. If a Customer encounters another user who is violating any of the rules of conduct, the Customer shall report this activity to customer service.
8.2 – Property: When a Customer contributes content to the Service, the Customer expressly grants to the Distributor a non‐exclusive, perpetual, worldwide, complete and irrevocable right to quote, repost, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind.
All data exchanged with the Customers are preserved by the Distributor under reasonable conditions of safety. The maintenance of these data is carried out on a reliable and durable back‐up means so as to correspond to a faithful and durable copy. In the event of conflict between the data held by the Distributor and any other document, it is expressly agreed that the aforementioned data will be recognized between the parties.
The Distributor reserves the right to update these Terms of Service at any time. The Distributor will then provide access to the new Terms of Service on the Site. The new Terms of Service will take effect immediately, and will govern all new transactions through the Site.
The Distributor respects the rights of all copyright holders and in this regard, has adopted and implemented a policy that provides for the termination in appropriate circumstances of Customers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Distributor's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit the Distributor to contact the complaining party; a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact:
Gamesplanet.com Copyright Agent
132 Fayerweather street
Cambridge, MA 02138
Last updated on the 21th of June 2019