| Language: |
This End User Licence Agreement for MGLauncher (“EULA”) is an agreement between the User and MY.GAMES B.V. (“COMPANY”) regarding use by the User of MGLauncher and all related software, documentation, updates, and upgrades that replace or supplement MGLauncher (all together - “MGLauncher”).
The User must read the terms and conditions of this EULA carefully before installing MGLauncher on his/her personal computer. If the User does not agree with the terms and conditions of this EULA or he/she cannot use MGLauncher according to the terms and conditions of this EULA, he/she must abort installation of MGLauncher and/or immediately uninstall MGLauncher from his/her personal computer.
By downloading, installing, or otherwise using MGLauncher, the User unconditionally consents to all the terms and conditions of this EULA. Installation or other use of MGLauncher without acceptance of the terms and conditions of this EULA is prohibited.
Only natural persons are entitled to download/acquire/use MGLauncher.
By downloading, installing, or otherwise using MGLauncher, the User (A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA, as well as the conditions of other relevant agreements and regulations available at documentation.my.games and guarantees that he/she will observe them during the entire use of MGLauncher; (B) acknowledges and agrees that he/she has independently evaluated the desirability of using MGLauncher and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of this EULA with the help of his parents/legal guardians. COMPANY recommends parents or guardians to monitor their children's online activities. To protect children’s privacy, COMPANY advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of MGLauncher by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them.
1. General Provisions
1.1. MGLauncher is a computer software that contains information on certain Games and makes it possible to download/acquire/use the Games of the COMPANY or third parties, free of charge or for payment, by placing links in the software interface to relevant websites (resources) of the COMPANY or third parties for download/acquisition/use and/or payment for such Games. The availability of Games and features will vary between countries and not all Games or features may be available in the User’s country.
2. Terms of payment and order
2.1. ORDERS
Orders are solely reserved for natural persons acting outside the scope of their commercial, industrial, artisanal or liberal activity.
A complete list of Games is made available at MGLauncher (where it is possible to download/acquire/use a Game, free of charge or for payment). In order to purchase or download Games available on MGLauncher, Users shall click on the icon “Download” if the game is free or “Buy” if the game is not free.
If Users are not already logged, they will be invited to log in or create an account.
2.2. PRICES AND MEANS OF PAYMENT
All the prices are expressed in euros VAT or such other currency depending of the territory where the User accesses the MGLauncher, and are subject to change at any time.
The selling price is the one at the time of the order.
Only the means of payment referred to on MGLauncher are accepted.
4. Limited Licence
4.1. From the moment of acceptance of this EULA by the User, the COMPANY grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable worldwide licence to install and use MGLauncher within the scope of its functionality and solely for personal and non-commercial use, and, as set forth in this EULA and any other accompanying documentation, or being incorporated into, MGLauncher.
4.2. The User is expressly prohibited from:
sublicensing, renting, leasing, transferring, reselling, distributing, or otherwise using MGLauncher or its copies for commercial purposes;
altering, merging, adapting, decompiling, disassembling, modifying, translating into other languages, or in any way changing MGLauncher or any of its components;
creating derivative works based on MGLauncher;
using any data mining, robots, or similar data gathering or extraction methods;
removing, altering, or obscuring any product identification, copyright, or other intellectual property notices in MGLauncher or computer games delivered through MGLauncher;
interfering or disrupting MGLauncher or servers or networks connected to MGLauncher, or disobeying any requirements, procedures, policies, or regulations of networks connected to MGLauncher;
using MGLauncher in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying MGLauncher, or that could damage, disable, overburden, or impair the functioning of MGLauncher in any manner;
using or attempting to use within the framework of MGLauncher another user’s account without authorization from that user and the COMPANY;
using MGLauncher in any way that breaches any MGLauncher applicable local, national, or international law, any other regulations and policies;
using MGLauncher for any purpose or in any manner that the COMPANY considers as a breach of this EULA.
4.3. MGLauncher is owned and/or operated by the COMPANY. Unless otherwise indicated, all content, information, and other materials within MGLauncher (excluding the User’s personal data, which is subject to the MY.GAMES Privacy Policy), including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively - “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained within MGLauncher are the property of the COMPANY or its third-party licensors.
4.4. No other rights to MGLauncher or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.
4.5. Any use of MGLauncher except as specifically authorized in this EULA, without the prior written permission of the COMPANY, is strictly prohibited and may violate intellectual property rights or any laws. The COMPANY may terminate the licence granted to the User hereunder at any time, with a prior notice, including where the COMPANY reasonably considers that: (a) use of MGLauncher by the User violates this EULA or MGLauncher or applicable law; (b) the User fraudulently uses or misuses MGLauncher in violation of the present EULA; or (c) the COMPANY is unable to continue providing the User with MGLauncher due to technical or legitimate business reasons.
5. Automatic Update of MGLauncher
5.1. In order to improve MGLauncher, the COMPANY reserves the right to introduce automatic updates and modifications to MGLauncher so long as the User’s personal computer is connected to the Internet without the User needing to install the mentioned updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable the User to continue using MGLauncher, the User hereby expresses consent to the introduction of such updates and modifications by the COMPANY.
5.2. This EULA MGLauncher applies to any automatic updates (additions, modifications) of MGLauncher that are introduced by the COMPANY by means of the Internet global network and that are not accompanied by a separate licence or other agreement.
6. Users’ Authorisation. Use of Data
6.1. The COMPANY's personal data protection rules are available on the website https://documentation.my.games/terms/mygames_privacy.
The COMPANY is very concerned about the protection of personal data. The personal data collected by the COMPANY in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by the COMPANY, which is data controller. It is essential for the operation of the services offered by COMPANY
In order to exercise one or more of his/her rights, the User must provide proof of identity and contact the person in charge of data protection at the COMPANY (via Service Support at https://support.my.games/store or writing to Barbara Strozzilaan 201, 1083 HN, Amsterdam, the Netherlands).
In the event of a complaint, it is possible to contact the authority of the User’s country of residence. If the User resides in France, he/she may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.gouv.fr. The User can contact CNIL at www.cnil.fr.
6.2. The User understands and acknowledges that the COMPANY may collect, store, use, transmit, and otherwise process anonymous information on the User’s use of MGLauncher, which the COMPANY needs in order to identify and eliminate problems with the operation of MGLauncher, to improve MGLauncher, and for marketing purposes. The User agrees that the COMPANY has the right to download software program files to the User’s computer system that will record information on CPU, RAM, operating system, video card, sound card, and any other anonymous technical and statistical information from the User’s personal computer. The COMPANY may also share that data with third-party service providers in a form that does not personally identify the User.
6.3. The information described above, as well as any other information connected with the User’s use of MGLauncher, is collected, stored, used, transmitted, and otherwise processed in accordance with our Privacy Policy.
7. Software Products of Third Parties
7.1. The COMPANY, acting on the basis of agreements with partners, may provide the User with the technological capability to use computer games and other MGLaunchers of third parties (the “Software Products”), free of charge or for payment, by placing links within MGLauncher to the relevant resources of third parties, by means of which the User may use, download, acquire, and/or pay for Software Products, or otherwise. The COMPANY is not the receiver of payments made by the User for use of the Software Products.
7.2. The COMPANY solely supplies to the User information concerning the Software Products and resources of third parties and is not responsible for the content of third parties’ resources, quality of the Software Products, and the terms, procedure, and results of use, download, acquisition of, and payment for, the Software Products by the User of the said resources.
8. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
MGLAUNCHER IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS AKNOWLEDGE THAT MGLAUNCHER MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF MGLAUNCHER, ACCORDINGLY USERS AKNOWLEDGE THAT MGLAUNCHER IS NOT ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MGLAUNCHER’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO MGLAUNCHER. THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MGLAUNCHER, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE MGLAUNCHER FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE ARROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
MGLAUNCHER IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
THE USER AGREES THAT HIS/HER USE OF MGLAUNCHER WILL BE AT HIS/HER SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MGLAUNCHER AND THE USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MGLAUNCHER’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO MGLAUNCHER, AND THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MGLAUNCHER, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MGLAUNCHER BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MGLAUNCHER. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MGLAUNCHER, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE MGLAUNHCER FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APROPRIATE.
9. LIABILITY
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
IF THE EVENT THAT MY.GAMES B.V IS HELD LIABLE, MY.GAMES B.V MAY GAIN EXEMPTION FROM SOME OR ALL OF ITS LIABILITY, HOWEVER, BY PROVING THAT THE NON-PERFORMANCE OR POOR PERFORMANCE OF THE CONTRACT WAS ATTRIBUTABLE TO THE CONSUMER, TO AN UNFORESEEABLE AND INSURMOUNTABLE FACT OF A THIRD PARTY, OR TO AN INSTANCE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH USE OF MGLAUNHER BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY TO INSTALL OR LAUNCH MGLAUNCHER ON THE USER’S PERSONAL COMPUTER, AS WELL AS FOR POSSIBLE ERRORS AND FAILURES IN MGLAUNCHER’S OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE MGLAUNHER. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S COMPUTER.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
10. Applicable Law. Jurisdiction
Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and the COMPANY fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the COMPANY’s place of location unless otherwise expressly provided by applicable law.
If the User resides in France, these Terms of Use are subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.
11. Miscellaneous
11.1. This EULA is effective from the moment the User first installs MGLauncher to the User’s personal computer and shall continue until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling MGLauncher from the User’s personal computer. The COMPANY may terminate this EULA by notifying the User of termination by any means available to the COMPANY; in this case, the User shall immediately uninstall MGLauncher from the User’s personal computer.
11.2. The COMPANY may modify the functions and informational contents of MGLauncher at any time, at its own discretion. In case that would cause a reduction in the User’s rights, the COMPANY will notify the Users about such change, in which case the notified User shall have the right to terminate the EULA
11.3. Unless such assignment is likely to result in a reduction in the User’s rights, the COMPANY may, at its own discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part of them, to any third party with a prior notice to the User. The User’s rights and obligations hereunder are personal and not subject to assignment.
11.4. In case of termination of this EULA, Sections 7, 8, 9, 10 and 11 remain in force.
11.5. This EULA constitutes full agreement between the User and the COMPANY regarding the use of MGLauncher by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of MGLauncher.
11.6. The terms and conditions of MY.GAMES Terms of Use located at documentation.my.games shall apply to relations between the COMPANY and the User under this EULA to the extent that such terms and conditions do not conflict with the terms and conditions of this EULA. Capitalised words that are not defined in this EULA shall have the meaning prescribed to them in MY.GAMES Terms of Use.
11.7. If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.
11.8. This EULA may be modified by the COMPANY at any time. Any amendment to the EULA shall be notified to Users. The User shall undertake to independently check this EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account on MGLauncher.
11.9. COMPANY reserves the right to revise the terms of this EULA by updating the EULA at documentation.my.games, or by notifying the User by e-mail. The revised EULA comes into force on the date on which it is published. The User is advised to check the above website periodically for notices concerning such revisions. The User’s failure to take the actions of familiarising himself/herself may not be the ground for failure to fulfil the User’s obligations and User’s failure to observe the limitations established hereby. The User’s continued use of the Game shall be deemed to constitute acceptance of any revised terms.
For the matters related to performance of this EULA and/or use of MGLauncher, the User may contact the COMPANY through support.my.games.
Only the English version of this document has legal effect. Any translations of this document into other languages are provided for the User’s convenience only.
The User must read the terms and conditions of this EULA carefully before installing MGLauncher on his/her personal computer. If the User does not agree with the terms and conditions of this EULA or he/she cannot use MGLauncher according to the terms and conditions of this EULA, he/she must abort installation of MGLauncher and/or immediately uninstall MGLauncher from his/her personal computer.
By downloading, installing, or otherwise using MGLauncher, the User unconditionally consents to all the terms and conditions of this EULA. Installation or other use of MGLauncher without acceptance of the terms and conditions of this EULA is prohibited.
Only natural persons are entitled to download/acquire/use MGLauncher.
By downloading, installing, or otherwise using MGLauncher, the User (A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA, as well as the conditions of other relevant agreements and regulations available at documentation.my.games and guarantees that he/she will observe them during the entire use of MGLauncher; (B) acknowledges and agrees that he/she has independently evaluated the desirability of using MGLauncher and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of this EULA with the help of his parents/legal guardians. COMPANY recommends parents or guardians to monitor their children's online activities. To protect children’s privacy, COMPANY advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of MGLauncher by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them.
1. General Provisions
1.1. MGLauncher is a computer software that contains information on certain Games and makes it possible to download/acquire/use the Games of the COMPANY or third parties, free of charge or for payment, by placing links in the software interface to relevant websites (resources) of the COMPANY or third parties for download/acquisition/use and/or payment for such Games. The availability of Games and features will vary between countries and not all Games or features may be available in the User’s country.
2. Terms of payment and order
2.1. ORDERS
Orders are solely reserved for natural persons acting outside the scope of their commercial, industrial, artisanal or liberal activity.
A complete list of Games is made available at MGLauncher (where it is possible to download/acquire/use a Game, free of charge or for payment). In order to purchase or download Games available on MGLauncher, Users shall click on the icon “Download” if the game is free or “Buy” if the game is not free.
If Users are not already logged, they will be invited to log in or create an account.
2.2. PRICES AND MEANS OF PAYMENT
All the prices are expressed in euros VAT or such other currency depending of the territory where the User accesses the MGLauncher, and are subject to change at any time.
The selling price is the one at the time of the order.
Only the means of payment referred to on MGLauncher are accepted.
4. Limited Licence
4.1. From the moment of acceptance of this EULA by the User, the COMPANY grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable worldwide licence to install and use MGLauncher within the scope of its functionality and solely for personal and non-commercial use, and, as set forth in this EULA and any other accompanying documentation, or being incorporated into, MGLauncher.
4.2. The User is expressly prohibited from:
sublicensing, renting, leasing, transferring, reselling, distributing, or otherwise using MGLauncher or its copies for commercial purposes;
altering, merging, adapting, decompiling, disassembling, modifying, translating into other languages, or in any way changing MGLauncher or any of its components;
creating derivative works based on MGLauncher;
using any data mining, robots, or similar data gathering or extraction methods;
removing, altering, or obscuring any product identification, copyright, or other intellectual property notices in MGLauncher or computer games delivered through MGLauncher;
interfering or disrupting MGLauncher or servers or networks connected to MGLauncher, or disobeying any requirements, procedures, policies, or regulations of networks connected to MGLauncher;
using MGLauncher in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying MGLauncher, or that could damage, disable, overburden, or impair the functioning of MGLauncher in any manner;
using or attempting to use within the framework of MGLauncher another user’s account without authorization from that user and the COMPANY;
using MGLauncher in any way that breaches any MGLauncher applicable local, national, or international law, any other regulations and policies;
using MGLauncher for any purpose or in any manner that the COMPANY considers as a breach of this EULA.
4.3. MGLauncher is owned and/or operated by the COMPANY. Unless otherwise indicated, all content, information, and other materials within MGLauncher (excluding the User’s personal data, which is subject to the MY.GAMES Privacy Policy), including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively - “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained within MGLauncher are the property of the COMPANY or its third-party licensors.
4.4. No other rights to MGLauncher or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.
4.5. Any use of MGLauncher except as specifically authorized in this EULA, without the prior written permission of the COMPANY, is strictly prohibited and may violate intellectual property rights or any laws. The COMPANY may terminate the licence granted to the User hereunder at any time, with a prior notice, including where the COMPANY reasonably considers that: (a) use of MGLauncher by the User violates this EULA or MGLauncher or applicable law; (b) the User fraudulently uses or misuses MGLauncher in violation of the present EULA; or (c) the COMPANY is unable to continue providing the User with MGLauncher due to technical or legitimate business reasons.
5. Automatic Update of MGLauncher
5.1. In order to improve MGLauncher, the COMPANY reserves the right to introduce automatic updates and modifications to MGLauncher so long as the User’s personal computer is connected to the Internet without the User needing to install the mentioned updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable the User to continue using MGLauncher, the User hereby expresses consent to the introduction of such updates and modifications by the COMPANY.
5.2. This EULA MGLauncher applies to any automatic updates (additions, modifications) of MGLauncher that are introduced by the COMPANY by means of the Internet global network and that are not accompanied by a separate licence or other agreement.
6. Users’ Authorisation. Use of Data
6.1. The COMPANY's personal data protection rules are available on the website https://documentation.my.games/terms/mygames_privacy.
The COMPANY is very concerned about the protection of personal data. The personal data collected by the COMPANY in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by the COMPANY, which is data controller. It is essential for the operation of the services offered by COMPANY
In order to exercise one or more of his/her rights, the User must provide proof of identity and contact the person in charge of data protection at the COMPANY (via Service Support at https://support.my.games/store or writing to Barbara Strozzilaan 201, 1083 HN, Amsterdam, the Netherlands).
In the event of a complaint, it is possible to contact the authority of the User’s country of residence. If the User resides in France, he/she may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.gouv.fr. The User can contact CNIL at www.cnil.fr.
6.2. The User understands and acknowledges that the COMPANY may collect, store, use, transmit, and otherwise process anonymous information on the User’s use of MGLauncher, which the COMPANY needs in order to identify and eliminate problems with the operation of MGLauncher, to improve MGLauncher, and for marketing purposes. The User agrees that the COMPANY has the right to download software program files to the User’s computer system that will record information on CPU, RAM, operating system, video card, sound card, and any other anonymous technical and statistical information from the User’s personal computer. The COMPANY may also share that data with third-party service providers in a form that does not personally identify the User.
6.3. The information described above, as well as any other information connected with the User’s use of MGLauncher, is collected, stored, used, transmitted, and otherwise processed in accordance with our Privacy Policy.
7. Software Products of Third Parties
7.1. The COMPANY, acting on the basis of agreements with partners, may provide the User with the technological capability to use computer games and other MGLaunchers of third parties (the “Software Products”), free of charge or for payment, by placing links within MGLauncher to the relevant resources of third parties, by means of which the User may use, download, acquire, and/or pay for Software Products, or otherwise. The COMPANY is not the receiver of payments made by the User for use of the Software Products.
7.2. The COMPANY solely supplies to the User information concerning the Software Products and resources of third parties and is not responsible for the content of third parties’ resources, quality of the Software Products, and the terms, procedure, and results of use, download, acquisition of, and payment for, the Software Products by the User of the said resources.
8. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
MGLAUNCHER IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS AKNOWLEDGE THAT MGLAUNCHER MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF MGLAUNCHER, ACCORDINGLY USERS AKNOWLEDGE THAT MGLAUNCHER IS NOT ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MGLAUNCHER’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO MGLAUNCHER. THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MGLAUNCHER, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE MGLAUNCHER FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE ARROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
MGLAUNCHER IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
THE USER AGREES THAT HIS/HER USE OF MGLAUNCHER WILL BE AT HIS/HER SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MGLAUNCHER AND THE USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MGLAUNCHER’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO MGLAUNCHER, AND THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MGLAUNCHER, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MGLAUNCHER BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MGLAUNCHER. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MGLAUNCHER, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE MGLAUNHCER FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APROPRIATE.
9. LIABILITY
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
IF THE EVENT THAT MY.GAMES B.V IS HELD LIABLE, MY.GAMES B.V MAY GAIN EXEMPTION FROM SOME OR ALL OF ITS LIABILITY, HOWEVER, BY PROVING THAT THE NON-PERFORMANCE OR POOR PERFORMANCE OF THE CONTRACT WAS ATTRIBUTABLE TO THE CONSUMER, TO AN UNFORESEEABLE AND INSURMOUNTABLE FACT OF A THIRD PARTY, OR TO AN INSTANCE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH USE OF MGLAUNHER BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY TO INSTALL OR LAUNCH MGLAUNCHER ON THE USER’S PERSONAL COMPUTER, AS WELL AS FOR POSSIBLE ERRORS AND FAILURES IN MGLAUNCHER’S OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE MGLAUNHER. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S COMPUTER.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
10. Applicable Law. Jurisdiction
Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and the COMPANY fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the COMPANY’s place of location unless otherwise expressly provided by applicable law.
If the User resides in France, these Terms of Use are subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.
11. Miscellaneous
11.1. This EULA is effective from the moment the User first installs MGLauncher to the User’s personal computer and shall continue until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling MGLauncher from the User’s personal computer. The COMPANY may terminate this EULA by notifying the User of termination by any means available to the COMPANY; in this case, the User shall immediately uninstall MGLauncher from the User’s personal computer.
11.2. The COMPANY may modify the functions and informational contents of MGLauncher at any time, at its own discretion. In case that would cause a reduction in the User’s rights, the COMPANY will notify the Users about such change, in which case the notified User shall have the right to terminate the EULA
11.3. Unless such assignment is likely to result in a reduction in the User’s rights, the COMPANY may, at its own discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part of them, to any third party with a prior notice to the User. The User’s rights and obligations hereunder are personal and not subject to assignment.
11.4. In case of termination of this EULA, Sections 7, 8, 9, 10 and 11 remain in force.
11.5. This EULA constitutes full agreement between the User and the COMPANY regarding the use of MGLauncher by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of MGLauncher.
11.6. The terms and conditions of MY.GAMES Terms of Use located at documentation.my.games shall apply to relations between the COMPANY and the User under this EULA to the extent that such terms and conditions do not conflict with the terms and conditions of this EULA. Capitalised words that are not defined in this EULA shall have the meaning prescribed to them in MY.GAMES Terms of Use.
11.7. If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.
11.8. This EULA may be modified by the COMPANY at any time. Any amendment to the EULA shall be notified to Users. The User shall undertake to independently check this EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account on MGLauncher.
11.9. COMPANY reserves the right to revise the terms of this EULA by updating the EULA at documentation.my.games, or by notifying the User by e-mail. The revised EULA comes into force on the date on which it is published. The User is advised to check the above website periodically for notices concerning such revisions. The User’s failure to take the actions of familiarising himself/herself may not be the ground for failure to fulfil the User’s obligations and User’s failure to observe the limitations established hereby. The User’s continued use of the Game shall be deemed to constitute acceptance of any revised terms.
For the matters related to performance of this EULA and/or use of MGLauncher, the User may contact the COMPANY through support.my.games.
Only the English version of this document has legal effect. Any translations of this document into other languages are provided for the User’s convenience only.