PREMISES
The words and expressions contained in these general terms and conditions (hereinafter General Conditions) shall have the meaning specified here-below:
“Game”: is the game The Best of Us – Better Together®.
“S.A.M. Publi Créations”: is the owner of the Game, in the following also named “Ingenuity Games®”;
“Ingenuity Games®” is a registered trade mark of S.A.M. Publi Créations;
“Customer” or “Player”: the client that bought the license and use the Game.
1. LICENSE: TYPE AND DURATION
i. The Game is granted in license to the Customer according to the terms of the General Condition (the License).
ii. In case a license is granted for free, it is intended for promotional use only and it can be terminated by Ingenuity Games® in any moment without notice.
iii. Ingenuity Games® will update the Game on regular basis until the license is in force.
iv. Ingenuity Games® can not be held responsible if the Game will not run on device not listed in the art. 4. Technical Specification.
2. Payment and Invoicing
i. The License will be granted only after the reception of the relative payment.
ii. If the payment is refused or is cancelled by the bank in the days after the initial transaction, Ingenuity Games® shall have, at i ts discretion the option both to suspende the License until the payment is received or to terminate the License.
iii. For each payment will be issued a relative invoice with VAT.
3. Help desk
i. The Player can contact the help desk of the Game at the address: info[at]thebestofusgame.com
4. Technical Specification
i. The Game is compatible only on personal computer with Microsoft Windows 10 or Microsoft Windows 11.
ii. For a better performance and for the maximum of the graphic details a graphic cardboard is suggested..
iii. The Game requires 8 GB of free space.
5. Termination of the LicenseIngenuity Games® shall have the right to terminate the License, at its sole discretion, it being understood that:
(i) the right to terminate may be exercised after the first year of validity of the License is expired and
(ii) the termination shall be given with a notice of not less than one year.
6. Privacy
Ingenuity Games® – as data controller and/or processor, informs the Cliente that any personal data provided will be used in connection to the purchasing of the License and to provide the Client with information about the Game and any other compatible activities organized by Ingenuity Games®, to answer to Client’s contact request and to send to the Client the required information, to send to the Client newsletters and to carry out promotional and marketing activities in connection to the services provided by Ingenuity Games®.
Data treatment shall mean any operation, or set of operations, carried out with or without the help of electronic or automated means, and must guarantee the confidentiality and security of your personal data.
Ingenuity Games® as data controller and/or processor may avail itself of its associates to carry out any of the following procedures: press releases, communications to customers, data processing and computer-based consultation. The data can be communicated to IT services, Government and tax services, financial and banking intermediaries.
According to Law n° 1.353 dated 4 December 2008 (ex. 1.165 dated 23 December 1993) the Client shall have a right of access and correction of his/her personal data.
The provision of personal data is voluntary, but refusal will prevent the Client purchasing the License .
Any requests can be addressed to Ingenuity Games® c/o SAM Publi Créations – 74, Bd. d’Italie – 98000 MC Monaco or by email to info[at]ingenuity-games.com.
Entering into the License the Customer/Player authorizes the treatment and communication of his/her personal data as described above.
7. Obbligations
i. The Customer/Player acknowledges that it is forbidden:
a. to use to third parties, whether in return for payment or free of charge, the software covered by the License (the Software) and any related component or accessories, or even part of them;
b. copy (unless for carrying a backup for the exclusive use of recovery in case of a malfunction of the systems on which it was agreed to install the Software);
c. modify, adapt, translate, decompile, disassemble, reverse engineer any operation designed to discover the source code of the Software;
d. sell the Software to third parties;
e. assign the License to a third party.
8. Limitation of Liability
i. Ingenuity Games® shall not be in any event be liable for any direct or indirect, special, incidental or consequential arising from the use of the Game, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction computer, or any other commercial damage or loss, even if it was suggested that such damages, and regardless of the rule of law or equity (contract, tort or otherwise) that underpin the claim.
ii. It is a burden of the Customer/Player have the hardware and application software necessary for the proper functioning of the Game.
iii. The Customer/Player assumes full responsibility for the correct choice of the Game The Best of Us – Better Together® and about the compliance of its need.
iv. In case of impossibility to run the Game for default of Ingenuity Games®, the Customer/Player accepts to be reimbursed for a maximum equal to the price of the License bought by the Customer.
9. Applicable law – Jurisdiction
i. The contract with the Customer (the Contract) shall be governed by, and construed in accordance with the laws of the Principality of Monaco. Any dispute related or connected to the Contract shall be settled by the Principality of Monaco Court System.
10. Miscellaneous
i. Any tolerance of a Party of any default of the other party does not constitute waiver of the rights arising from the provisions violated or the right to demand the exact fulfilment of all the terms of the Contract.
ii. The possible invalidity or unenforceability of any provision of the Contract does not determine the invalidity or unenforceability of any other provision or of the Contract. In this case, the Parties agree to negotiate in good faith to replace the invalid or unenforceable provision with the aim of achieving the same results pursued by the invalid or unenforceable provision and to safeguard the economic substance of the Contract.
iii. Ingenuity Games® can amend this Contract without notice..
iv. In case of differences between the different translations or different interpretations between one translation an an other, the language of reference will be the english and english only.