Term and Conditions - avukon.com

Term and Conditions

PLEASE READ THESE TERMS, AND CONDITIONS CAREFULLY BEFORE USING Instant-Playing DIGITAL MARKET PLATFORM (THE “PLATFORM”). BY USING Instant-Playing, YOU AGREE TO OUR TERMS AND CONDITIONS.

We reserve the right at our discretion to restrict a user’s usage either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms and Conditions in any way and/or behaving in a manner contrary to ethics and terms of Metaphyr, we may, at our discretion, terminate your usage of the Platform.

ACCEPTANCE OF THE TERMS
1. These Terms and Conditions (the “Terms”) constitute a binding and enforceable legal contract between Instant-Playing (“Instant-Playing”, “we”, “us”) and you. Please read these Terms carefully.
2. Your access and use of the Instant-Playing website, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are governed by these Terms.
3. If you do not agree with any part of these Terms, or if you are not eligible or authorised to be bound by the Terms, then do not access or use the Service.
4. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference.
5. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.
IMPORTANT DISCLAIMERS

ALL PRODUCTS AND SERVICES RENDERED BY Instant-Playing ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND METAPHYR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTIES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THREATS TO YOUR SECURITY BECAUSE OF YOUR USE OF OUR PLATFORM.

ACCOUNT REGISTRATION
1. In order to use certain features of the Service you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
2. You may create an Account as an individual.
3. You can register only one Account. If more than one person accesses their Account from the same device, we may request to upload the proof of identity to avoid duplicate accounts.
4. You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
5. You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
6. We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
7. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
SERVICE
1. The Platform is an online service that sells dematerialised video games, also known as digital video games (referred to as “Content”).
2. Metaphyr retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Metaphyr’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Metaphyr has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
3. Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.
4. The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third Party Ads”). Such Third-Party Ads are not under the control of Metaphyr and Metaphyr is not responsible for any Third-Party Ads. Metaphyr provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third-Party Ads lead, may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third party online properties, the applicable service provider’s terms and policies, including privacy and data gathering practises, govern your usage. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.
5. You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with any Third-Party Ads.
FEES
1. The price payable for Content is the price displayed in conjunction with the particular Content on the order pages when you place your order. The price for Content will generally default to the national currency for the location from which you access the Website. You may select an alternative currency from the options made available on the Website. In which case, the price for Content will be displayed and paid in your chosen currency. If VAT is payable on our sale of Content the price we display will include VAT at the applicable rate. Prices do not include the cost of mobile data or any other costs charged by your mobile communications provider.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Content, we will adjust the rate of VAT that you pay, unless you have already paid for the Content in full before the change in the rate of VAT takes effect.
3. Sometimes we may mistakenly publish the wrong price or product information. If this happens to Content, you have ordered we will tell you as soon as possible by email and give you the chance to reconfirm your order (at the correct price or with other correct information) or cancel the order. If we do not hear from you, we will treat your order as cancelled. If you cancel and have already paid us we will refund you in full.
4. The payment methods accepted by us are disclosed on the Platform.
5. We reserve the right, in our sole discretion, to change the prices and acceptable payment methods from time to time and for any reason.
6. Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.
CONDITIONS OF USE

As a condition of your use of Metaphyr you agree that you will not;

violate any laws of use, violate the Policies, post any threatening, abusive, defamatory, obscene or indecent material;
post or otherwise communicate any false or misleading material or message of any kind;
infringe any third-party right;
distribute spam, chain letters, or promote pyramid schemes;
distribute viruses or any other technologies that may harm Metaphyr or the interests or property of Metaphyr users;
impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Metaphyr;
copy, modify, or distribute any other person’s content without their consent;
use any robot spider, scraper or other automated means to access Metaphyr and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
copy, modify or distribute rights or content from Metaphyr or Metaphyr’s copyrights and trademarks;
bypass measures used to prevent or restrict access to Metaphyr;
use any tool that interferes with the normal functioning of Metaphyr, including, without limitation, browser plug-ins (including, but not limited to, extensions, or other software which are designed to supplement, remove or otherwise change any of Metaphyr’s functionalities; or

You will be prosecuted and bear consequences.

ORDERING
1. To order Content, please log in to your Account and select the desired game title. You may then choose from any available editions or features before clicking the “Buy, purchase, or order now” button. Review your order summary carefully and confirm your acceptance of the terms before selecting your preferred payment method and clicking the “Pay” button.
2. Please note that the act of placing your order at the end of the online purchase process, indicated by clicking the “Pay” button, does not equate to our acceptance of your order. We will send you a confirmation only if we accept your order.
3. We reserve the right to decline your order and may communicate to inform you of our inability to accept it. The reasons for our decision may include, but are not limited to:

Unavailability of the Content
Failure to authorise payment by either us and/or your payment provider
Ineligibility to purchase the Content
Inability to sell the Content to you
Errors in the pricing or description of the Content
USER REPRESENTATIONS AND WARRANTIES

By using the Service, you represent and warrant that:

You have a legal capacity and you agree to comply with the Terms;
If you register yourself as a representative of a legal entity, you are authorised by the company to enter into agreement with us and with users of the Platform;
You are above 18 years of age;
You will or have provided true, accurate, and complete information in your Account;
You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
You will immediately change data for accessing to the Platform, if you have a suspicion that your Account access details were disclosed or probably used by the third parties;
You will notify Metaphyr of any unauthorised access to your Account;
You will not provide any false or misleading information about your identity or location in your Account;
You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;
You will not use the Service for any illegal or unauthorised purpose;
You will not use software and pursue any other actions aimed to interfere with the normal operation of the Platform;
You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means towards other users of the Platform;
You will not copy, modify, or distribute any other User Content without consent of the respective user;
You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person;
You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;
FEEDBACK

By submitting suggestions or other feedback related to our Platform to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honour any limits we agree to at the time we collect feedback.

INDEMNITY
1. You agree, to the extent permissible under Applicable Laws, to indemnify, defend, and hold harmless Metaphyr, and its successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“Metaphyr Parties”) from and against all losses, damages, liabilities, demands, judgements, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Platform (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); or, (v) the infringement by you of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content
2. You to assume the exclusive defence and control of any matter for which you are required to indemnify Metaphyr, and you agree to cooperate with Metaphyr’s defence of these claims. You agree not to settle any such matter without the prior written consent of Metaphyr. Metaphyr will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
LIMITATION OF LIABILITY
1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF METAPHYR TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OF ANNOUNCEMENTS, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
INTELLECTUAL PROPERTY RIGHTS
1. Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and Metaphyr does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that Metaphyr may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
2. You grant Metaphyr the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform, communicate and make available to the public the User Content in connection with the Service, including to use and make the User Content public on the affiliated website, as well as for Metaphyr’s marketing, advertising, and other purposes.
3. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
4. Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials”) and trademarks, service marks and logos included in it (“Marks”) belong to or are licenced by Metaphyr representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of Metaphyr is not allowed.
GOVERNING LAW AND JURISDICTION
1. These Terms shall be governed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
2. Any dispute, controversy or claim arising out of or in connection to these Terms, or breach, termination or invalidity thereof shall be settled by Arbitration in accordance with The London Court of International Arbitration (LCIA). The language to be used in the arbitral proceedings shall be English and the place of arbitration shall be London.
3. If any party is dissatisfied with the arbitrator’s award, they shall have the right to litigate.
4. Metaphyr and you agree to submit to the exclusive jurisdiction of the English and Welsh courts, but if you are a consumer and you live in Scotland, Northern Ireland or the Republic of Ireland, the courts of those jurisdictions shall also have jurisdiction in relation to any dispute about these Terms.
INTERNATIONAL USE
1. Instant-Playing operates the Platform in the United Kingdom. If you choose to access our Platform from locations outside the United Kingdom, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United Kingdom. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Platform, if and to the extent local laws are applicable to use of our Platform.
2. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Platform is appropriate or available for use in jurisdictions outside the United Kingdom. The right to access and use the Website is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render us in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
Term and Termination
1. Term

These Terms shall remain in full force and effect while you use the Platform unless they are terminated as provided in these Terms, in which case you no longer have the right to use the Platform.

Termination by Metaphyr

Instant-Playing may, in its sole discretion, and at any time discontinue providing access to the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform, or portion thereof, may be affected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. As discussed herein, Metaphyr does not permit copyright, trademarks, or other intellectual property infringing activities on the Platform, and will terminate access to the Platform, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.

Termination by You

Your only remedy with respect to any dissatisfaction with (i) the Platform, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of Metaphyr in operating the Platform, or (v) any content or information transmitted through the Platform, is to terminate the Terms and your use of the website and the Content therein. You may terminate these Terms at any time (prospectively only) by discontinuing use of any and all parts of the Website.

MISCELLANEOUS PROVISIONS

Except as otherwise provided, if any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.
If we fail to take an action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
In no event shall Instant-Playing be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside Instant-Playing’s reasonable control.

CONTACT
1. If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: info@