General Terms & Conditions for MENA Software LTD
1. Scope of Application
MENA Software LTD (hereinafter referred to as MENA Software) operates an online gaming portal at Gamgos (www.gamgos.com; www.gamgos.ae; www.gamgos.net). A range of online games as well as other services is offered on the MENA Software website. These services include, for example, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts and games and purchasing virtual items or other services. The players of MENA Software games and services and the users of the online gaming portal Gamgos are hereinafter referred to as "Users". In the following general terms and conditions (hereinafter referred to as Terms & Conditions), references made to "Games" or "Services" will pertain to the games and/or services offered by MENA Software. MENA Software offers Users Games and Services which are based exclusively on these Terms & Conditions. User Terms & Conditions are not considered part of the general contract unless MENA Software approves these in writing. The following Terms & Conditions apply to the use of the MENA Software gaming portal as well as the online Games and Services of MENA Software. The Games and Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband or equivalent connection. In addition, it is possible to use various other Internet-capable devices, whereby the scope of operation and/or display characteristics may be limited. These Terms & Conditions expressly exclude questions which might arise with regard to the establishment of Internet access, connection to websites and online games, and third-party software such as browsers or access software, as these Services are not provided by MENA Software.
1.1.1 MENA Software offers its Games and Services exclusively to Users with respect to of the Bulgarian Civil Code. The use of MENA Software Games and Services for pecuniary or any other commercial purposes is hereby prohibited.
1.1.2 Only those individuals who have reached the age of 18 or who have the express consent of their legal guardians at the time of registration are entitled to use the full scope of Games and Services provided by MENA Software. Individuals under a certain age who have the express consent of their legal guardian may nonetheless be prohibited from participating in particular games due to age restrictions specifically applicable to those Games.
1.1.3 At the time of registration for MENA Software Games and/or Services, the User explicitly guarantees that (i) he/she is of legal age or (ii) he/she has obtained the express consent of his/her legal guardian.
1.2 Subject Matter of the Contract, Usage of and Changes to the Games and Services
1.2.1 MENA Software offers its Users the possibility of using Games and Services which are offered by MENA Software on the Internet subject to existing technical and commercial capabilities.
1.2.2 Participation in the Games is for entertainment purposes only.
1.2.3 MENA Software, as part of its Services, stores certain information at Gamgos (www.gamgos.com; www.gamgos.ae; www.gamgos.net) and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc. which can be viewed by other users of MENA Software Games and Services as well as by third parties. Furthermore, the User can also communicate with third parties via the Gamgos portal, upload and exchange photographs, videos, games, music and other media, publish blogs and comments, and rate games, other users, third parties or transactions.
1.2.4 The use of MENA Software Games and Services online is made possible through the provision of the necessary applications at the respective URLs by MENA Software. MENA Software also reserves the right to offer or sell its Games on other digital media and which may have a range of features that differ from the online versions of said games. The sale of such Games is not subject to these Terms & Conditions. The use of MENA Software Games and Services is expressly limited to individuals who previously created a customer account (hereinafter referred to as Account) at the time of registration. An Account can be created at the Gamgos portal or at the URL of the respective Game(s). An Account which has been created at the Gamgos portal enables the User access to any of the Games subject to the conditions set forth in Sec. 1.1 above.
1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form and providing the information requested therein. The use of MENA Software Games and/or Services will be permitted from the time an account is created for the user by MENA Software.
1.2.7 A User is entitled to create multiple Accounts at the Gamgos portal. Several Games, however, prohibit the use of more than one Account by one and the same User ("prohibition of multi-accounts"). Detailed information is provided in the rules of the respective Game(s). MENA Software strongly recommends that all Users with multiple Accounts carefully read the respective rules of the Game(s), because the use of multi-accounts in certain Games can lead to an immediate ban of the User. Even in Games where the User is permitted to have more than one Account, such Accounts may not communicate with each other or interact in any way, shape or manner (Ban on "pushing"). In particular, an Account may not be used to create advantages for another Account from the same User, for example, to transfer items or game currency from one Account to another Account of the same User, or to allow one Account to fight against another Account of the same User.
1.2.8 Once an Account has been created, the User may use the respective Game and/or Service by accessing the Gamgos game portal or entering the respective URL and logging in thereafter.
1.2.9 The Games and Services can only be accessed by means of a standard web browser or special tools which have been provided or expressly approved by MENA Software (Ban on of non-authorized scripts). In other words: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. or to reproduce or evaluate games, game components or content provided on the Gamgos platform is prohibited.
1.2.10 It is forbidden to exploit bugs and/or errors in the programming for personal gain. Recognized bugs should be reported as quickly as possible in the bug forum, by IRC or by e-mail.
1.2.11 The User has no legal claim to open an Account or to publish information on the Gamgos portal.
1.2.12 Current technical and other requirements for the Games and Services are available on the Gamgos portal and/or the respective websites of the Games.
1.2.13 MENA Software Games and Services are continuously being updated, adapted, enhanced and modified. For this reason, the User is only granted the right to use the current version of the respective Games and Services.
1.2.14 Use of the basic version of the Games is free. Some features are only available to paying customers (see Sec. 7 below). Use of the Services is free unless otherwise stipulated in the description of the respective Services.
1.2.15 The User has no legal claim to demand the perpetuation of MENA Software Games and/or Services as they were at the time of concluding the contract. MENA Software reserves the right to cease operation of individual MENA Software Games and/or Services at any time without prior notice or justification. In this case, the User can choose to have MENA Software issue him/her a credit for use with other MENA Software Games or Services of his/her choice or request a refund for payments which he/she has made in advance for Services such as Premium benefits. The User's right to terminate the agreement with immediate effect due to Games and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.
2. Offer and Conclusion of contract
2.1 By filling in the registration form for the Account, the User enters into a binding contract (hereinafter referred to as "User Application"). For this purpose, all fields of the registration form marked as being "required" must be filled in completely and correctly.
2.2 The agreement between MENA Software and the User is considered valid when MENA Software approves the User Application. Confirmation of the User Application can be explicitly communicated by MENA Software as a result of an action on the part of MENA Software.
2.3 MENA Software will promptly send a confirmation e-mail acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access MENA Software Games and Services can, however, be sent together with the acknowledgment E-mail.
3. Cancellation Policy
Right of revocation: The User can revoke his/her declaration of intent to enter into a contractual agreement for MENA Software Games and Services and to order Premium features from MENA Software without stating reasons within a period of two weeks in written form, either by letter or e-mail. This period shall begin upon receipt of these instructions. The timely dispatch of the cancellation is deemed to be sufficient evidence that the withdrawal deadline has been observed.
MENA Software LTD
Company registration ID: 201625494
Mladost IV, building 467, 5th floor, suite 96
Sofia 1000, Bulgaria
Telephone: +359 887 842 967
E-mail:unsubscribe (at) menasoftware.com
If a cancellation is sent by e-mail, the name of the Game and, if applicable, the Premium features and/or Services plus the name of the User must be provided in the subject line of the e-mail.
Effects of revocation:
In case of a valid withdrawal, Services or payments made by both parties must be returned and, if applicable, any associated utilization must be released. If the User cannot return the received services to MENA Software either in full or in part or only in deteriorated condition, the User may be liable to provide equivalent compensation. In some cases, the User may be required to fulfill the contractual payment responsibilities for the period of time up until the revocation. This is not applicable for the transfer of virtual goods when the deterioration of the virtual goods is caused exclusively by their examination - such as when the User might examine a good in a store before purchasing it. The User's obligation for compensation exists when the virtual goods are used in a manner consistent with the principles of civil law which is incompatible with that of good faith or unjust enrichment. In addition, the User can avoid an obligation to pay compensation if he/she does not treat them like his/her personal property and avoids any actions which may diminish their value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the User with the dispatch of the cancellation notice; MENA Software's period begins with the receipt of this notice.
Premature termination of the right of revocation:
The revocation of the User expires prematurely if the contractual obligations are fully met by both parties at the express request of the User before the User has exercised his/her right of revocation. This is considered to be the case when the User has made use of the Games and/or Services and/or Premium features and has paid for these in full.
End of the cancellation policy
MENA Software guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which MENA Software portal servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of MENA Software , such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out.
The liability of MENA Software with regard to inaccessibility of the games and/or services by intent and gross negligence remains unaffected. MENA Software can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.