terms and conditions

Last updated March 1st, 2023

You can reach out to us by sending an email to  support@godspeedgames.com

I. Field of Application

  1. These Terms of Service (hereinafter “ToS“) apply to all of the games provided byGodspeed Gaming Solutions Private Limited (hereinafter “Godspeed Games”), Tower 1 World Trade Center 610, 411014, Dholepatil Farms Rd, EON Free Zone, Kharadi, Pune, Maharashtra 411014 – India. 
  2. The user’s contractual partner is the company, (I) which provides the game that the user makes use of, (II) which is mentioned at the moment the contract is concluded and (III) which is also mentioned in the legal notice of the website for the game in question (the respective company providing the respective Game hereinafterreferred to as “Godspeed Games“, “we“, “us” and “our“). In these ToS, the user of these Games is referred to as “User / Users” or “you”.
  3. “Games” or“Game”, for the purpose of these Terms of Service , are all of the online games, browser games, mobile games and any other digital offers of games for any end devices (e.g. PCs, smartphones, tablets, connected devices such as streaming or set-top boxes and smart TVs) and/or online platforms offered by Godspeed Games.
  4. The Games may also include, where necessary, any additional services such as the acquisition of Virtual Currency(subject to the provisions of Section 12), which can be exchanged for purchasing digital objects, downloadable content, additional packets, additional functions, server changes, in-game name changes or any other additional functions (jointly: “Premium Features”), purchasing subscriptions, purchasing virtual objects in exchange for real currency as well as other additional services, in particular communicating with other players (e.g. forums, chat, user profile pages rankings etc.).
  5. Godspeed Games objects to the validity of any general terms and conditions of Users. Any general terms and conditions of users become an integral part of the Agreement only if Godspeed Games provided its express consent to them in writing.
  6. Godspeed Games may arrange competitions, tournaments, sweepstakes and other special promotions within the Games. These may be subject to separate provisions that the user will be referred to, if required.
  7. Additional game rules, rules for use, participation requirements and communication rules (in these Terms of Service jointly referred to as “Game Rules“) of the respective Games are published on its websites or in the Games. By your participation, you accept bindingly these Game Rules. If these Terms of Service and the Game Rules are contradictory, these Terms of Service supersede the Game Rules, unless the Game Rules provide specifically for a priority ranking toward the Terms of Service.
  8. Godspeed Games can utilize the services of independent third parties for the games (in these Terms of Service referred to as “Third Party Service“) such as app stores. No Third Party Services are provided by third parties upon the instruction of Godspeed Games. Third Party Services are not provided by Godspeed Games. Godspeed Games or the third party will identify these services in a suitable manner. Any issues in connection with Third Party Services are not affected by these Terms of Service. Godspeed Games shall not be responsible for Third Party Services. Third Party Services are potentially subject to their providers’ general terms and conditions. The user’s contractual partner for Third Party Services is the third-party provider in question.
  9. Applications for mobile devices (such as smartphones and tablets) and connected devices (together referred to as “Apps“) are generally not directly provided by Godspeed Games but by a third party provider (hereinafter “App Store“). A separate user account of the User in the respective App Store may be necessary for this purpose. Game scores, high scores and achievements/accomplishments or in-app-purchases (jointly referred to as “Game Scores“) are potentially tied to the Apps installed on the used mobile device or connected device and these cannot be transferred. When the User deletes the App and subsequently re-installs the App or changes the mobile device or the connected device and subsequently re-installs the App, the User has no claim against Godspeed Games for transferring the Game Scores to the other mobile device or connected device. Godspeed Games does not warrant that Game Scores achieved by playing on mobile data connections and/or mobile devices and/or connected devices are equivalent. In particular, graphic quality, sound quality and response times of a Game may be worse than playing via stationary data connections and/or stationary terminal devices. Certain functions and contents may not be available.
  10. By clicking the “Accept” button when you register for an Account to use any of our Games, and/or clicking the “Accept” button when prompted when you first log in to indicate your acceptance when they are presented to you, you agree that these Terms of Service shall bind you legally. If you do not agree to these Terms of Service, you must not use the respective Game.
  11. We offer the Games only to consumers and your use is limited to non-commercial purposes. It is prohibited to use our Games for commercial purposes. Any participation in a Game is for entertainment purposes only.
  12. We recommend that you keep a copy of these Terms of Service for your future reference.

 

II. Changes to these Terms

  1. We reserve the right to change or expand these Terms of Service at any time effective in the future, provided it seems necessary and it does not affect you and/or your rights adversely under the principle of equity and good faith. In particular, any changes in the legal environment may require a change of these Terms of Service. Moreover, any new court decisions constitute a change in the legal situation. Any changes and advancements of our Games may require a change or an amendment to these Terms of Service.
  2. Any change or amendment will be announced in a suitable manner prior to its effective date. In general, the information about the modification of the Terms of Service is announced by e-mail and/or our Games’ websites and/or in our Games, in any case the next time you log into your account.
  3. You have the right to object to any change or amendment after the date of publication and possibility of acknowledgment. In case of an objection, both Parties are entitled to an extraordinary right to terminate the Agreement in accordance with the termination provisions specified in this Agreement. Other rights to terminate shall be unaffected thereby. If you do not object within the objection period or if you continue to use a Game, then the change or amendment is deemed accepted and becomes an integral element of the Agreement.
  4. We will inform you specifically of the changes in the Terms of Service and the possibility to object and cancel, of the deadline and the legal consequences, particularly the consequences of non-objection.

III. Eligibility

  1. You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms of Service, or, if you are not, you confirm that you have obtained parental or guardian consent to enter into these Terms of Service. You must be at least 10 years of age to use our Games, including to submit any personal data to us through or in connection with your use of our Games. If you are a parent or guardian and you provide your consent to your child’s use of or access to our Games, you agree to be bound by these Terms of Service in respect of your child’s use of the respective Game and agree that any payments authorized by your child will be your sole responsibility.
  2. As soon as an underage User uses his/her Account after having become an adult, then all contracts concluded before becoming an adult in connection with his/her Account shall be deemed to have been approved.
  3. We are entitled to request at any time written proof of your legal age or the written consent of your legal guardian.

IV. Accounts / Conclusion of Agreement

  1. In order to use a Game, you must register for an account with us (the “Account“) and provide certain information about yourself as prompted by the Account registration form. You agree that you have no ownership or proprietary interest in your Account.
  2. The registration information you submit must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information on your Account. If any information you provide is or becomes untrue, inaccurate, or incomplete, Godspeed Games has the right to terminate your access and use of your Account and any other Godspeed Games Services. Godspeed Games is entitled but not obliged to verify the accuracy of your information. This may be done by Godspeed Games requesting documents to prove your identity such as a personal ID card. Godspeed Games is entitled to make the creation of an Account subject to such verification.
  3. By sending your registration, you send an offer to conclude a user agreement with us (in these Terms of Service referred to as “User Application”). However, this does not conclude an agreement. The Agreement is only concluded upon our acceptance of the User Application. Godspeed Games confirms access to the User Application by sending an electronic mail to the e-mail address specified by the User. The confirmation of receipt is not an acceptance of the User Application. The acceptance of the User Application can be made in connection with the confirmation of access if expressly carried out that way. In addition, the acceptance can be expressly confirmed outside the confirmation of receipt or by the first deed of performance by us. There is no entitlement to the conclusion of an agreement to establish an Account, to the participation in Games or to the use of Virtual Currency or Premium Features.
  4. You can delete your Account at any time, for any reason, by emailing us at privacy@godspeedgames.comwith the subject “Close My Account“.
  5. You are responsible for maintaining the confidentiality of your Account log-in information, including your username and password. You must not share your Account log-in information with any third party. Accordingly, you are responsible for all activities that occur under your Account or through the use of your username and password, including any purchase of Virtual Currency, whether or not authorized by you or without your knowledge.
  6. You are responsible for ensuring that any username you select does not infringe any third-party rights or is unlawful. Your selection and use of a particular username do not give you any ownership or rights in that username. Godspeed Games may refuse to grant you a username in its sole discretion for any reason, including, without limitation, if it is illegal or offensive, if it impersonates or implies an association with another person.
  7. You must promptly change your password and notify us via the support email address: support@godspeedgcomif you suspect or become aware of any unauthorized use of your Account or any other breach of security.
  8. You may not use anyone else’s account or permit anyone else to use your Account for any reason, at any time. You agree that Godspeed Games will not be liable to you for any loss you may incur as a result of someone else using your Account. You also agree that you will be liable for any loss that Godspeed Games or any third party may incur as a result of someone else using your Account caused by a culpable act or failure to act of you.
  9. You agree to pay all fees for the purchase of Virtual Currency and/or Premium Features (hereinafter “Fees”) incurred by your Account, including any applicable taxes. You agree that Godspeed Games may amend the Fees payable for the Godspeed Games Service and may add new products and services for additional Fees and charges at any time in its sole discretion. You agree that there are no refunds for payments made through your Account.
  10. You are prohibited from transferring your Account to third parties without our prior written consent. Any transfer consent from us does not authorize to transfer the Account for a remuneration provided this has not been expressly permitted in the consent. The same applies to individual characters/game figures/avatars, which you have created within our Games.
  11. If you culpably violated your contractual duties of these Terms of Service, then Godspeed Games is entitled to block the access to your Account temporarily after a prior warning communication (at least via e-mail or game chat) and the threat of blocking the Account. By blocking the Account, you lose access to your Account. Any warning threatening to block the Account can be foregone, if there are special circumstances that justify the immediate block of the access in consideration of mutual interests. The provisions of this Part IV – Section 11 do not limit the termination right of Godspeed Games – particularly the right to terminate effective immediately – in accordance with Part XVI. In addition, they do not limit the right of Godspeed Games to exercise the virtual domiciliary right.

V. License

  1. Godspeed Games grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use our Games for your own non-commercial entertainment purposes, subject to these Terms of Service.
  2. Godspeed Games does not grant you any other express or implied rights or license in or to our Games, and all right title and interest that Godspeed Games has in its Games not explicitly granted to you by Godspeed Games or its licensors are retained by Godspeed Games or its licensors.
  3. You acknowledge that you have no right to have access to our Games in source code form or in unlocked coding or any other human-readable form.
  4. We reserve the right to modify, suspend or discontinue our Games and the license granted to you in whole or in part at any time, with or without notice. You agree that Godspeed Games shall not be liable to you or to any third party for such modification, suspension or discontinuation.
  5. You must not otherwise transfer a Game to any other person or share a Game with any other person.

 

VI. Usage Stipulation for our Games

  1. Your right to use our Games is subject to the stipulations listed below. Except as expressly set out in these Terms of Service or as permitted by any local law, you undertake:
  2. not to use our Games for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful;
  3. not to interfere with the operation or fair play of the Games and to comply with our Acceptable Use Policy (Ref: Part IX);
  4. not to copy the whole or any part of our Games, except where such copying is incidental to the normal use of the Game for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
  5. not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by our Games, including without limitation for public or commercial purposes, including any text, images, audio and video;
  6. not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of our Games;
  7. not to make alterations to, or modifications of, the whole or any part of our Games, or permit a Game or any part of it to be combined with, or become incorporated in, any other product or service;
  8. not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of our Games or attempt to do any such thing except to the extent such activities are permitted under applicable law;
  9. not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of our Games (including object and source code), in any form to any person without prior written consent from us;
  10. not to remove any copyright, trademark or other proprietary rights notices from our Games, and to include our copyright notice on any copies you make of our Games on any medium; and
  11. that you are responsible for obtaining and have obtained any and all necessary authorizations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using our Games.
  12.    You may not utilize any ancillary means, which maliciously modify the Game Score or the game process (specifically so-called “bots”, “hacks” or “cheats”). In addition, you may not offer or promote such ancillary means. In particular, you are prohibited from using third party software or other applications to obtain Virtual Currency, Premium Features or other benefits such as the systematic or automatic control of our Games or of individual functions of our Games. The same applies to the intentional utilization of program errors (“exploits”) for one’s own benefit.

VII. Intellectual Property

  1. Our Games (including all information and materials that we provide on or through our Games, including without limitation any data, text, pictures, graphics, audio, video, icons, games, software and upgrades, links and other content and features, and any upgrades, enhancements and/or modifications thereto) are protected by and embodies copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights (together, “Intellectual Property“).
  2. You acknowledge that the Games and the Intellectual Property embodied in or relating to it anywhere in the world are and shall remain the property of Godspeed Games and/or its licensors, that rights in the Games are licensed (not sold) to you, and that you have no rights in, or to, the Games other than the right to use the Games in accordance with these Terms of Service.
  3. You acknowledge that you have no right to have access to all or any part of the Games in source code form.

VIII. User Content

1. Submission of User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Godspeed Games game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Godspeed Games in accordance with its Privacy Policy.

a. Content Screening

Godspeed Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Godspeed Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Godspeed Games chooses, in its sole discretion, to monitor the Service, Godspeed Games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

 

2. Information Use by Other Members of the Service

a. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Godspeed Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Godspeed Games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

b. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Godspeed Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Godspeed Games violates these Terms of Service.

c. Your License to Godspeed Games

You hereby grant to Godspeed Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Godspeed Games the right to authorize others to exercise any of the rights granted to Godspeed Games under these Terms of Service. You further hereby grant to Godspeed Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Godspeed Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Godspeed Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Godspeed Games games. Godspeed Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Godspeed Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Godspeed Games access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

IX. Acceptable Use Policy

a. With regard to the protection of our reputation and third-party rights, you agree not to use a Game in any way:

    1. that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    2. that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
    3. that is harmful to minors in any way; or
    4. that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

b. With regard to the protection of our systems, you agree not to:

    1. use any features of a Game for anything other than their intended purpose, including exploiting any glitches for personal gain;
    2. interfere with, disable, disrupt, or create an undue burden on servers or networks connected to a Game, or violate the regulations, policies or procedures of such networks;
    3. attempt to gain unauthorized access or provide automated access to or use of a Game (or to other computer systems or networks connected to or used together with a Game), whether through password mining, unauthorized scripts, scrapers or offline readers or any other means;
    4. attempt to impersonate another person or entity, including (without limitation) any representative of Godspeed Games;
    5. stalk, harass, interfere with, restrict or inhibit any other user’s use and enjoyment of the Games, including by bullying, grieving, shouting, flooding or using excessively large images so that the screen goes by too fast to read;
    6. use software or automated agents or scripts to produce multiple accounts our Games, or to generate automated searches, requests, or queries to our Games, or to strip, scrape, or mine data from our Games; or interfere with or disable any security-related features of our Games;
    7. make improper use of our support services, including by submitting false abuse reports; or
    8. assist, permit or encourage any person to perform any of the activities described above.

c. The automatic establishment or registration of accounts or registrations to our Games is not permitted. Automated login is prohibited. Only the official clients and websites provided by Godspeed Games may be used to connect to the servers of our Games. You may not create, support, host, link or provide any other options, which can be used by another person to play our Games, such as server emulators.

d. We reserve the right to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms of Service or otherwise create liability for us or any other person. The action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include, terminating these Terms of Service and your right to use our Games, and/or reporting you to law enforcement authorities or relevant rights holders.

X. Use of Feedback

  1. If you provide Godspeed Games with any feedback or suggestions regarding our Games (“Feedback“), you hereby transfer to Godspeed Games all rights in such Feedback. You also agree that Godspeed Games shall have the right to use and fully exploit such Feedback or suggestions and related information in any manner it considers appropriate.
  2. Do not send us confidential information or personal data in Feedback. Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.

XI. Third Party Links & Ads

  1. Our Games may make available access to information, products, services and other materials made available by third parties, including links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third Party Links & Ads“). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Links & Ads.
  2. Where our Games contain links to Third Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse, control or make any promises with respect to Third Party Links & Ads, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Links & Ads, or any intellectual property rights therein. Certain Third Party Links & Ads may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Service shall be deemed to be a representation or warranty by Godspeed Games with respect to any Third Party Links & Ads. We have no obligation to monitor Third Party Links & Ads, and we may block or disable access to any Third Party Links & Ads (in whole or part) through our Games at any time. In addition, the availability of any Third Party Links & Ads through our Games does not imply our endorsement of, or our affiliation with, any provider of such Third Party Links & Ads.
  3. You use all Third Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links & Ads, the applicable third party’s terms and policies (including Terms of Service and privacy policies) apply, immediately excluding Godspeed Games Terms of Service and Privacy Policy application.

 

XII. Virtual Currency

  1. What is Virtual Currency: Our Games may include fictional credits or currency, which we also sometimes refer to as “gold”, “gems”, “points” or “coins” or similar. These are collectively known as “Virtual Currency“. Godspeed Games reserves the right to charge Fees for the right to access or use Virtual Currency, and/or may distribute Virtual Currency without charge, in its sole discretion.
  2. License to use Virtual Currency: Godspeed Games grants to you a license to use Virtual Currency as part of our Games in accordance with Section 5 of these Terms of Service. You agree that you have no other right, title or ownership in or to any Virtual Currency.
  3. No monetary value: Virtual Currency has no cash value and is not redeemable for any sum of money. You agree that neither Godspeed Games nor any other person has – subject to PART. XIX  – any obligation to exchange your Virtual Currency for anything of value, including without limitation, real money. You also agree that if your access to one or more of our Games is suspended or terminated, or if Godspeed Games discontinues any or all of its Games, the Virtual Currency and your Account will have no value.
  4. Non-refundable and non-exchangeable: All purchases of Virtual Currency are final and are not refundable, transferable or exchangeable. By purchasing Virtual Currency, you confirm that you want the Virtual Currency credited to your Account immediately and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
  5. Management of Virtual Currency: We have the right to manage, modify and/or remove Virtual Currency from our Games in our sole discretion at any time, and shall have no liability to you or anyone else for the exercise of such rights. Godspeed Games reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency available to you and to determine the amount of Virtual Currency that is credited and debited in connection with your use of our Games. Godspeed Games’s determination of the amount of Virtual Currency available to you is final, unless you can provide documentation to Godspeed Games that such calculation was or is intentionally incorrect.
  6. Unauthorized Transactions: The unauthorized transferring, trading, selling, or exchanging of any Virtual Currency (“Unauthorized Transactions“) to anyone, including to other users of our Games is prohibited. You hereby agree to indemnify Godspeed Games against any and all consequences resulting from any Unauthorized Transactions. You agree that Godspeed Games may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction for any reason in its sole discretion (including where it is in Godspeed Games’s best interest to do so and where the Unauthorized Transaction is or may be fraudulent, illegal, or in violation of these Terms) or may debit your balance of Virtual Currency, including where this may cause your balance to be zero and/or a negative amount. Godspeed Games may also suspend, terminate or modify your right to use one or more of our Games if you engage or assist in, or if Godspeed Games suspects you may have engaged or assisted in, any Unauthorized Transaction.
  7. Transaction information:
    1. You may be asked to supply certain information to us or our third-party payment providers in connection with any transaction involving Virtual Currency including, without limitation, your name, credit card number, and your billing address.
    2. By initiating a transaction, you confirm that you have the legal right to use the payment means selected by you. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties (including, without limitation, to Suraway Ltd.) for the purpose of facilitating the completion of transactions initiated by you or on your behalf. Our receipt of verification of information from them or their designee(s) is required prior to the acknowledgment or completion of any transaction.
    3. Godspeed Games is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions through Games.

XIII. Our Liability

  1. If Godspeed Games requires payment of a Fee for Virtual Currency, Premium Features or other services of Godspeed Games, then Godspeed Games shall only have an unlimited liability for damages if it acted willfully and with gross negligence. In the event of any violation of significant contractual duties, Godspeed Games shall also be liable in the event of slight negligence. Significant contractual duties or so-called cardinal duties in accordance with the law are such duties, which only allow proper execution of the Agreement and on the fulfillment of them you can depend.
  2. To the extent Godspeed Games provides services free of charge, Godspeed Games shall only be liable for damage compensation if it caused the damage by gross negligence or willful intent.
  3. The compensation obligation is always limited to the typical foreseeable damage in case of a violation of significant contractual duties.
  4. The typical foreseeable damage in accordance with the above-referenced PART.XIII – Section 3 shall be no more than USD 50.00 per Account.
  5. The above-referenced liability limitations do not apply to the liability in the event of injury to life, body and health or in case Godspeed Games assumed a guarantee or in case of liability in accordance with the Product Liability Act.
  6. Godspeed Games shall be liable for advice only if it concerns a problem with a certain Game.
  7. The above-mentioned exclusions or limitations of liability shall also apply in view of the liability of Godspeed Games’s employees, employers, colleagues, representatives and vicarious agents, especially to the benefit of the shareholders, colleagues, representatives, bodies and their members, which affects their personal liability.
  8. Note that a change of the burden of proof to your disadvantage, has no connection with the above-referenced regulations.

XIV. Your Liability

You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of our Games in breach of these Terms of Service. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of a Game and you agree to assist and cooperate with us in relation to any such claim.

XV. Availability

  1. We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue our Games without notice for valid commercial reasons without liability to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes.
  2. You also acknowledge that unplanned system outages may occur:
  1. Our Games are provided over the Internet and so the quality and availability of the Games may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using our Games or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
  2. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use our Games, and for paying any data charges that may be charged to you by your network provider in connection with your use of our Games.

XVI. Termination

  1. The Agreement between you and us is concluded for an unspecified time unless otherwise agreed in writing.
  2. Both Parties have the right to terminate the Agreement by giving an advance notice of seven workdays unless otherwise agreed in writing.
  3. You can demand us to delete your Account at any time. If you request to delete your Account, you terminate simultaneously the Agreement without complying with the termination period.
  4. Godspeed Games reserves itself the right to exercise its virtual domiciliary right at any time.
  5. The right of the Parties to terminate the Agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, Godspeed Games can terminate this Agreement for any significant reason, if:
    1. you culpably violate the laws and/or these Terms of Service and you continue to act in the same or similar manner despite warning letter (ate least via e-mail or game chat); and/or
    2. you are in arrears with the payment of fees by at least USD 5.00 and you do not pay despite two dunning letters.
  6. If you are -due to your acts or omissions – responsible for the extraordinary termination of Godspeed Games, then you are not permitted to create a new account if your Account was blocked unless you have the express prior written permission of Godspeed Games.
  7. Godspeed Games has the right to a special termination right, provided Godspeed Games loses authorization to operate a respective Game, e.g. because of the termination of the respective licensing agreement between Godspeed Games and the respective licensor. Other rights to terminate shall remain unaffected thereby.
  8. Every termination must be in written form, whereby the written form is maintained by email.
  9.  

XVII. Communications between us

  1. If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can address your message to us using the following email: support@godspeedgames.com
  2. If we have to contact you or give you notice in writing, we will normally do so by email to an email address you have provided, or through the Game played by you.

XVIII. Right of Withdrawal (EU Customers specific)

If you are a consumer normally resident in the European Union, then you shall be legally entitled to the right to withdraw from this Agreement in accordance with the following cancellation policy.

You can withdraw from this contract without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal you must inform Godspeed Games of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail to the address below). You can use the model withdrawal form below, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

1. Effects of Withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of such reimbursement.

2. Important Information about Withdrawal

You will lose your right of withdrawal if the contract regards the supply of digital content which is not supplied on a tangible medium and the performance has begun before the end of the withdrawal period with your prior express consent and acknowledgment that you thereby lose your right of withdrawal. While performance of the supply of digital content typically refers to the moment that download of that content begins, Godspeed Games will voluntarily honor requests to withdraw from the purchase of a game made within 14 days of purchase (or for pre purchases, 14 days from release) and so long as the game has been played for less than 2 hours.

3. Model Withdrawal Form

To:    

Godspeed Gaming Solutions Private Limited

Tower 1 World Trade Center 610, 411014,

Dholepatil Farms Rd, EON Free Zone, Kharadi,

Pune, Maharashtra 411014 – India. 

3. Model Withdrawal Form

I hereby give notice that I withdraw from my contract for the provision of the following goods: [identify your purchase, e.g. by stating the item purchased and your Games account name or email to which the Godspeed Games account is registered or Player ID + Game’s name]

Order Date: [insert order date]

Your Name: [insert your name]

Address: [insert Address]

Today’s Date: [insert current date]

Your Signature (only if this form is notified on paper)    

3. Model Withdrawal Form

I hereby give notice that I withdraw from my contract for the provision of the following goods: [identify your purchase, e.g. by stating the item purchased and your Games account name or email to which the Godspeed Games account is registered or Player ID + Game’s name]

Order Date: [insert order date]

Your Name: [insert your name]

Address: [insert Address]

Today’s Date: [insert current date]

Your Signature (only if this form is notified on paper)