ALLYOUPLAY USER AGREEMENT
Please read these Terms of Service (“Terms”, “Terms and Conditions”) carefully before using the www.allyouplay.com website (the “Service”) operated by Ananda Games B.V. (“us”, “we”, “our”).
This User Agreement (“Agreement”) is executed by and between Allyouplay, which is a company incorporated under the laws of Netherlands, EU and the User.
Allyouplay and User shall be referred to as “Party” individually and “Parties” together.
The terms “User” and “you” shall refer to the natural or legal persons who use Allyouplay B.V. and/or Content, either through simply visiting the Platform, creating a Allyouplay user account (“Account” or “User Account”), or using any Content provided through Allyouplay The terms “Allyouplay” and “we” will refer to Allyouplay
This Agreement hereby determines the obligations and rights of the Parties for the interactions between Allyouplay and User on any Allyouplay and/or content, his/her purchases offered through the Allyouplay Platform and/or content.
3. USER ACCOUNT
Allyouplay Platform and Content are designed for your personal use. You may not share your account information, especially your private password, to any third person, may they be family, friends or other persons. Neither the User nor any third person will be entitled to bring any claims or complaints against Allyouplay for such unauthorized use. Third persons using the User’s Account are not deemed to have any right under this Agreement, however, they will be obliged to comply with all obligations of the User under this Agreement.
In the event that you spot an unauthorized access to your account, you should immediately notify us for we can take the necessary security measures in order to secure your account. During this process, Allyouplay may request you to answer certain questions in order to make sure that you are the rightful owner of the account in question.
All User Accounts must be used in accordance with this Agreement and applicable law. If you commit the acts listed below, Allyouplay may, without prejudice to any of its rights and powers, suspend or revoke your Account temporarily or permanently.
(i) allowing or causing third parties to use or otherwise benefit from Allyouplay Platform or Content through your Account,
(ii) executing transactions on behalf of third parties,
(iii) using your Account for any commercial or unlawful purposes,
(iv) selling, renting, transferring, lending, swapping or otherwise disposing of your Account or Account information.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ALLYOUPLAY.
4. GENERAL TERMS
Users shall not use their Accounts in a way that would infringe the Intellectual Property rights of third parties that are in contractual relationship with Allyouplay.
The following acts by the User shall be considered as violation of this Agreement and User shall be solely responsible from any harm, loss or wrongdoing that such actions have caused to Allyouplay and the third parties in relation in addition to any legal and criminal liabilities.
(i) create or use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the service, any game or any game experience;
(ii) exploit the service, a game or any part thereof for any commercial purpose or modify/copy materials.
(iii) buy or sell for real money or in exchange for in-game currency, items or resources without the consent of the third party that owns the services or products offered;
(iv) buy or sell User Account;
(v) use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any service or product, including without limitation any software that reads areas of RAM used by any service or product to store information about a character or a digital environment;
(vi) modify or cause to be modified any files that are a part of any service or product in any way not expressly authorized by the third parties who are the owner of the related services or products.
(vii) facilitate, create or maintain any unauthorized connection to any service or product, including without limitation
(a) any connection to any unauthorized server that emulates, or attempts to emulate, service or product,
(b) any connection using programs or tools not expressly approved by Allyouplay;
(ix) plan or engage in any illegal activity;
(x) bypass our robot exclusion headers or any technical measures which we use for providing Allyouplay Platform or Content, or imposing an unreasonable or disproportionately large load on infrastructure of Allyouplay or its contractors;
(xi) using any robot, spider, or other automated means to access Allyouplay Platform or Content for any purpose;
(xii) probing, scanning, or testing for vulnerabilities in Allyouplay Website or Content (including but not limited to any system, network, policy, security component, authentication or protection measure);
(xiii) undertaking any action which could amount to unjust enrichment by receiving funds from both Allyouplay and its contractors or payment system providers for the same transaction;
(xiv) selling, trading or commercialising Allyouplay website or Content (or any part thereof) for any purpose;
(xv) sharing/publishing advertisements or any other content for advertising purposes through platforms provided by Allyouplay Website or Content;
(xvi) sharing/publishing any content contrary to law or ethics through platforms provided on Allyouplay Platform or Content, particularly sharing/publishing any content assaulting or disturbing third parties, minorities or any other part of the society, using slang, impolite, or threatening language either implicitly or explicitly;
(xvii) pretending to be anyone, or any entity, or otherwise misrepresenting yourself;
(xviii) controlling an account linked to another account which has breached any provision of this Agreement;
(xix) engaging in any copyright infringement or other intellectual property infringement;
(xx) providing/disseminating false, inaccurate, misleading, or defamatory information pertaining to Allyouplay (including without limitation its employees, representatives, shareholders and any contractors), Allyouplay website or Content;
(xxi) taking any action that may cause us to lose any of the services from our internet service providers, contractors, payment system providers, solution partners and other suppliers.
You may establish an Account only if you are a “natural person” and 16 years of age or older. Note that certain features of the service, or Games playable on the service, may not be available to minors. Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account. Individuals prohibited by Allyouplay from using the service may not create or use an Account. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Allyouplay becomes aware that you have registered an Account without meeting the foregoing requirements, Allyouplay reserves the right to take steps to suspend, terminate and/or delete the Account.
We do not guarantee or warrant the availability of Allyouplay Website, Content or products or services offered on the Platform, on a continuous or uninterrupted basis. Allyouplay Website and/or Content may be inaccessible, or inoperable for any reason including, but not limited to, maintenance, repairs, replacements, new features, equipment/system malfunctions, technical problems, or causes beyond our reasonable control or that are not reasonably foreseeable.
Furthermore, Allyouplay reserves the right to deny, suspend, lock, modify or revoke access to Allyouplay Website or Content or take other necessary technical measures for any reason, including but not limited to the followings:
(i) to enforce, and prevent actual or possible breaches of, this Agreement and applicable law,
(ii) to protect the integrity, stability, reputation and trustworthiness of Allyouplay Website and Content,
(iii) to defend against any legal action or threatened legal action, regardless of whether such legal action is eventually determined to be with or without merit, or to avoid any civil or criminal liability,
(iv) to carry out the orders of courts or administrative bodies.
You agree and represent that Allyouplay will not have any liability for Allyouplay Website or Content not being accessible or working due to any reason.
6. ORDERING AND PURCHASING OVER ALLYOUPLAY
Allyouplay is an online video game store website, through which digital computer games, e-pins, Steam codes and similar digital gaming items (“Product” or “Products”) are offered and sold to users.
The purchases done by the User via Allyouplay Platform are subject to the approval of Allyouplay.
Please be aware that the orders you validly place through the Allyouplay Website are legally to purchase the related product or service. However, you will be granted an opportunity to review your order to check and correct any mistakes before you complete your order. Upon the receipt of a valid order, we will send an e-mail to your email account to confirm the receipt of your order. This e-mail does not mean that we have accepted your order, but only serves for confirmation purpose.
Allyouplay reserves the right to refuse an order if;
(i) the ordered product or service is out of stock or otherwise temporarily or permanently unavailable,
(ii) if it is not possible to complete the sale for any reason,
(iii) if the information provided by you to your account or for billing is not accurate,
(iv) if your account falls under the accounts that require suspension or restriction,
(v) the payment system provider is unreachable or not operative for any reason,
(vi) if there is any other reasons for the refusal of the order under this Agreement or applicable law or pursuant to the principle of equity.
You can make the payment for the product by using any of payment methods available at that moment, such as credit card and debit card methods and other payment options like e-pin and gaming coins. We have the right to refuse payments made via specific payment methods due to technical difficulties or any other reason. Available payment methods and applicable terms and conditions (e.g., technical and procedural rules) to each of them shall be determined by Allyouplay, at its sole discretion. Allyouplay shall have the right to change the scope and features of available payment methods and applicable terms and conditions at any time, without prior notice.
User is solely responsible from abiding the terms and conditions of the payment method chosen. Allyouplay cannot be held responsible for any payment that is, or could not be, made through User Account.
E-pins and gaming coins do not grant you the ability to purchase every item from Allyouplay Website. These methods are not universal electronic currencies such as bitcoin, etherium etc. and may only be used in the Allyouplay Website for purchasing the goods and services provided by Allyouplay. After purchased, e-pins become available for the user without any time limitation. You hereby agree not to transfer, sell, lend, rent or otherwise dispose of e-pins and gaming coins other than their permitted use under this Agreement. Allyouplay will be entitled to change the purpose, scope and lifetime of the delivered e-pins and gaming coins at any time without prior notice.
When you use a payment method to make payment on Allyouplay Website, the transaction is made between your device and that of the relevant payment system provider, through Allyouplay Website interface. You agree that Allyouplay will not be responsible for the services, systems, infrastructure and acts of the payment system provider, the completion of the payment transaction or any matter between you and the payment system provider. Any claims, complaints or disputes arising out of or in connection with any transaction between you and the payment system provider cannot be brought against Allyouplay.
We use SSL Secure technology for encryption of your credit card information. Such encryption technology reasonably mitigates the risk of your card information obtained by unauthorized third parties. We also do not store your credit card information where you use credit card or online POS device to make a payment.
Products purchased from Allyouplay Website are not physically delivered.
If your use of Allyouplay is subject to any type of use or sales tax, then Allyouplay may also charge you for those taxes, in addition to the fee of the content or service. The European Union VAT (“VAT”) tax amounts collected by Allyouplay reflect VAT due on the value of any content and services.
8. INTELLECTUAL PROPERTY
All Content included in Allyouplay Website and/or Products, including without limitation the text, graphics, user interfaces, visual interfaces, software, scripts, source code, API, photos, sounds, music, videos, interactive features, trademarks, logos and their arrangement are owned by Allyouplay, and are protected by intellectual property and unfair competition law.
You hereby agree not to copy, modify, lend, sell, rent, license, download, process, reproduce, distribute, transmit, broadcast, display, create derivative works from, or exploit the Content for any purposes.
Neither any provision of this Agreement nor the purchase of any Product transfer the ownership of any Content to you, or grant you any other right or license on the Content. The purchase of a Product may only entitle you to use the Content contained therein within the limits of personal use and good faith.
DISCLAIMER OF WARRANTIES. FOR RESIDENTS OF THE EUROPEAN UNION THE WARRANTIES APPLY AS PER APPLICABLE STATUTARY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION THE FOLLOWING APPLIES: THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ALLYOUPLAY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT Allyouplay SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, ON ANY BASIS OR CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACTUAL, TORT OR CARE LIABILITY, EVEN IF ALLYOUPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, USER FURTHER AGREES TO LIMIT ALLYOUPLAY'S LIABILITY TO THE SUM OF THE AMOUNT PAID TO Allyouplay FOR THE PRODUCT(S) PURCHASED IN THE PRECEEDING 6 (SIX) MONTHS ONE YEAR. THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY PLED OR ASSERTED.
DISCLOSURES; THIRD PARTY FEATURES
Updates will, in principle, be made by posting the updated terms and conditions on Allyouplay Website, and will immediately take effect as of such date. However, some updates may be brought to your attention in other ways (e.g., pop-ups appeared during your use of the Product), and take effect immediately as of that date. By continuing to access or use Allyouplay Platform, Content or the Products after updates being made, you agree to be bound by the revised versions. It is solely your responsibility to watch out any updates.
Allyouplay also reserves the right to notify you of any updates via e-mail or other methods. However, these notifications will be additional, and in any case, updates shall take effect immediately upon being posted on Allyouplay Platform or brought to your attention otherwise.
2. FORCE MAJEURE
Allyouplay shall not be responsible for any failure to perform any obligation or provide service hereunder because of any Act of God, strike, work stoppage, any law, order, governmental acts, directives, resolutions or practises of local or foreign authorities, terrorist acts, fire, flood, earthquake, war, riot, or civil commotion, malfunction in equipment, internet connection, infrastructure or any facilities or any shortages, or forces beyond Allyouplay's reasonable control.
If any term, condition or provision of this Agreement shall be held to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall not affect the validity, legality or enforceability of the other provisions of, or any other documents referred to in this Agreement. Parties shall use all reasonable efforts to agree any substitute provisions for the invalid or unlawful provision having, as close as practicable, the same commercial effect.
The User cannot assign his/her rights or obligations under this Agreement to any third party without the prior written consent of Allyouplay. In case of any assignment in accordance with this Section, the assignee will replaces the User.
Allyouplay is free to transfer any of its rights or powers or debts or obligations provided under this Agreement, wholly or partially to any third party, provided that it notifies the User of such transfer.
Unless otherwise provided under this Agreement, any notice or other communication required or permitted to be delivered to Allyouplay under this Agreement shall be in writing and in the English or Turkish language and shall be deemed properly delivered, given and received when delivered (by hand, by registered mail, by courier or express delivery service or by e-mail) during business days, to the contact information set forth below, unless Allyouplay has given a notice of a change of address by changing its address published on the Allyouplay Website or in other ways.
E-mail address :
Phone number :
Unless otherwise provided under this Agreement, any notice or other communication required or permitted to be delivered to User under this Agreement shall be in writing and in the English or Turkish language and shall be deemed properly delivered, given and received when delivered (by hand, by registered mail, by courier or express delivery service, by e-mail, fax,) to the contact information provided by User or delivered to the User on or through Allyouplay Website.
6. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement shall be construed as creating an employer-employee or agency relationship, a partnership or a joint venture between the Parties.
No failure or delay on the part of Allyouplay in exercising any power, right, privilege or remedy under this Agreement shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Allyouplay shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Allyouplay; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
8. CONCLUSIVE EVIDENCE
Parties agree that commercial books of Allyouplay, and any other electronic records produced by Allyouplay system shall be deemed as conclusive evidence in any dispute between the Parties.
9. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with under the laws of Hong Kong
Any claim, controversy or dispute arising out of or in connection with this Agreement shall be exclusively submitted to courts of Hong Kong Execution Offices.