AMT GAMES Terms of Service
Last updated: Mar. 26, 2021
This Website available at the URL https://amt-games.com is the property of AMT Games AG, a company established and operating under the legislation of Switzerland (reg. number: CH-120.3.000.374-3 ), with its registered office at Axenstrasse 22, 6454 Flueelen, Switzerland.
The Website is hosted by AMT Games AG, located at Axenstrasse 22, 6454 Flueelen, Switzerland (Contact: email@example.com).
By clicking button “I agree” (or similar in meaning), the User
(B) acknowledges and agrees that he/she has independently evaluated the desirability of AMT Games Ecosystem use and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and
(D) represents and warrants that he/she is not accessing AMT Games Ecosystem through a VPN or similar tools.
Otherwise, AMT Games Ecosystem use is prohibited.
1. TERMS AND DEFINITIONS
Account – personal account of the User on the AMT Games Ecosystem.
COMPANY – AMT Games AG, a company established and operating under the legislation of Switzerland, with its registered office at Axenstrasse 22, 6454 Flueelen, Switzerland.
Games – any games (excluding gambling) for personal computers (PC), game and TV devices of Xbox, PlayStation, Nintendo line, games on mobile devices, as specified at the Games Storefront on the Website.
AMT Games GameCenter – computer software that contains information on certain Games and that 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.
AMT Games Ecosystem – online platform located on the Website that provides Users with access to Games and AMT Games Projects, as well as any other associated services provided by the COMPANY based on the terms and conditions set forth herein and in other Special Rules.
AMT Games Projects – separate projects of the COMPANY as specified on the Website, by which the COMPANY offers additional services to Users such as AMT Games Store, AMT Games GameCenter, AMT Games community, AMT Games Market, and other projects aimed at making the Games popular.
AMT Games Wallet – separate project of the COMPANY that holds funds that User adds to his/her account to spend on the AMT Games Ecosystem.
Unacceptable Content – means any kind of content or behavior in connection with the use of the AMT Games Ecosystem that is either illegal or unacceptable under the generally accepted moral rules, including, without limitation, the following examples:
(i) engaging in or contributing to any illegal activity or activity that violates others’ rights;
(ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable and unacceptable;
(iii) providing information that is false, misleading or inaccurate;
(iv) disclosing of any personal or proprietary information of another User or any other person or otherwise invading other person privacy;
(v) abuse, harassment, stalking, threats, faming or intimidation of any person or organization;
(vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language;
(vii) any content that may harm minors;
(viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war;
(ix) offensive, vulgar, sexually explicit or pornographic content;
(x) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms;
(xi) transmitting software viruses, worms or any other kind of harmful software;
(xii) unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
(xiv) infringing any intellectual property rights, or unlawful provision/disclosure of information (insider information, confidential information, other proprietary information);
(xv) other unacceptable content or behavior.
User – a natural person, who has reached the age which allows them, in accordance with the applicable law, to be fully liable for his/her own actions (fully legally capable person) and to use the AMT Games Ecosystem, and satisfies all the criteria listed herein, or if underage, satisfies all the criteria listed herein.
Wallet Funds – funds in AMT Games Wallet of the User.
Website – amt-games.com, as well as any and all websites of Games and AMT Games Projects (if applicable), and all domains and subdomains of the following levels.
2. REGISTRATION OF ACCOUNT
2.1 REGISTRATION PROCESS
In order to use the AMT Games Ecosystem, the User is required to create an Account following the instructions outlined on the Website and, inter alia, fill in the registration form or create an Account using his/her social media account.
When registering an Account, the User may fill in the registration form with the data he/she considers sufficient for his/her identification on the AMT Games Ecosystem as a unique user, except for the mandatory fields of the registration form, filling in of which shall be obligatory for the User in order to use the Website.
The COMPANY may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).
The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria.
The COMPANY shall reserve the right to change and supplement the means of Account creation.
The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity.
The Users agree to use AMT Games Ecosystem for personal use only and refrain from allowing any third party to use them unless they accept all the consequences thereof.
2.2 LOGIN AND PASSWORD
While filling in the registration form, the User shall independently create a login and a password for further access to the Website.
The User confirms that he/she is informed that the safety of his/her Account shall directly depend upon the complexity (number and variation of symbols) of the password and other data which allows the User to get access to his/her Account. It’s recommended that the User create a rather complicated password to avoid the possibility of attack by third parties.
Also, the Users must keep their login and password secret. The Users must contact COMPANY as soon as they are aware that their Account has been used without their consent. The Users acknowledge that COMPANY may take any appropriate action, including suspension of the access to the Account.
2.3 ACCOUNT TRANSFER
The User shall immediately notify the COMPANY about the loss of his/her login and password for his/her Account or other cases of loss of control over the Account.
2.4 UNIFIED AUTHORISATION SYSTEM
For the convenience of the Users, the COMPANY applies the unified authorisation system, which signifies that once the User creates an Account on the AMT Games Ecosystem, it will neither be required to create any additional account, nor re-register on AMT Games Projects, AMT Games GameCenter and/or Games, and vice versa.
3. TERMS OF PAYMENT AND ORDER
Everything the User purchases on the AMT Games Ecosystem, the User purchases from the COMPANY. That includes Wallet Funds and anything bought using Wallet Funds.
Orders are solely reserved for natural persons, acting outside the scope of their commercial, industrial, artisanal or liberal activity.
A complete list of the Games is made available at the Website (where it is possible to download/acquire/use the Game, free of charge or for payment). In order to purchase or download the Games available on the Website, the Users shall click on the icon “Download” if the game is free or “Buy” if the Game is not free.
If the Users are not already logged, they will be invited to log in or create the Account.
3.2 PRICES, MEANS OF PAYMENT, AND AMT GAMES WALLET
All the prices all expressed in euros VAT or such other currency depending of the territory where the User accesses the Website, 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 the Website are accepted, inter alia, payment using Wallet Funds.
The COMPANY is not a bank and AMT Games Wallet is neither a bank account, nor any kind of payment instrument. AMT Games Wallet functions as a prepaid balance to purchase the Games, the In-Game Assets and/or the In-Game Currency, offered for sale by the COMPANY. Wallet Funds do not earn interest. Wallet Funds have no cash value outside the AMT Games Ecosystem. Wallet Funds added to AMT Games Wallet are non-refundable and non-transferable. AMT Games Wallet funds cannot be converted back into cash under any circumstances. AMT Games Wallet funds that are deemed unclaimed property may be turned over to the applicable authority.
If the User does not use Wallet Funds within thirty six (36) months of adding them, they may expire, if it is not contrary to local laws. The COMPANY will notify the User before his/her Wallet Funds expire to enable the User to use them before that happens.
4. LIMITED LICENCE
4.1 GAMES ECOSYSTEM LICENCE DESCRIPTION
4.2 RESTRICTIONS ON USE OF AMT GAMES ECOSYSTEM
The User shall not be permitted to:
- modify, adapt, decompile, disassemble, or change AMT Games Ecosystem and/or any of its components and any intellectual property access to which the User is granted during the course of AMT Games Ecosystem use;
- distribute for commercial or non-commercial purposes AMT Games Ecosystem and/or any of its components and any intellectual property access to which the User is granted during the course of AMT Games Ecosystem use, copies or screenshots thereof, either by means of distribution of physical media, or by means of making it available for download by third parties from the Internet;
- translate AMT Games Ecosystem and/or any of its components into other languages, or create other derivative works of AMT Games Ecosystem and/or any of its components;
- attempt to circumvent any security measures adopted on AMT Games Ecosystem, including blocking access based on IP-address;
.4.3 GAMES ECOSYSTEM OWNERSHIP
The User agrees and acknowledges that any and all rights that are not expressly granted hereunder are reserved by the COMPANY and/or its partners (if applicable).
Rights to intellectual property granted hereunder to the Users are licensed, but not sold, and confers no title or ownership in AMT Games Ecosystem.
4.4 ADDITIONAL TERMS
The use of Games available on AMT Games Ecosystem, AMT Games GameCenter, Website content, and other intellectual property access to which the User is granted during the course of AMT Games Ecosystem use may be governed by separate agreements with the COMPANY and/or the COMPANY’s partners.
5. CODE OF CONDUCT
By using AMT Games Ecosystem, User agrees to observe the following mandatory rules.
5.1 GENERAL TERMS OF AMT GAMES ECOSYSTEM USE:
During the course of AMT Games Ecosystem use, the User undertakes not to:
- upload, transfer, publish, or otherwise distribute files that contain viruses, trojan horses, worms, or any other malicious software or programs that may damage the operation of the computer or property of other Users or otherwise disrupt the smooth running of AMT Games Ecosystem;
- use AMT Games Ecosystem in order to publish or disseminate any unsolicited advertising, surveys, promotional materials, ‘junk e-mail’, ‘spam’, chain letters, ‘pyramid schemes’, or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise);
- create a false identity for the purpose of misleading any other person;
5.2 GENERAL TERMS OF VIRTUAL COMMUNICATION WITH OTHER USERS:
When placing any User Content in forums, chats, or other virtual spaces designed for communication, the User undertakes not to upload, transfer, publish, or otherwise distribute Unacceptable Content, inter alia:
- User Content that violates any intellectual property rights, including any and all rights, licences, or consents existing from copyrights, patents, trademarks (together with all the goodwill associated with such trademarks), service marks, database rights and rights to extract data, registered and unregistered designs, rights in circuit layouts and semi-conductor topography rights, trade secrets, rights of confidence, all whether registered or not, applications and rights of renewal for any of the foregoing and all other similar rights recognised in any part of the world;
- erotic or pornographic User Content;
- User Content that is offensive to any other person and/or injurious to third parties or public morale;
- illegal, harmful, dangerous, or obscene User Content, as well as User Content that contains information of discriminatory nature against other persons on the basis of gender, race, nationality, religious beliefs, sexual orientation, and other protected grounds;
- User Content of commercial advertising nature or attracting attention to any goods or services;
- upload, transfer, publish, or otherwise distribute User Content that contains personal information or confidential data on any person or otherwise violates the legal rights (such as rights of privacy and publicity) of any person.
The User hereby undertakes not to use ‘bots’ or other automated techniques for collecting information about Users.
The User hereby undertakes not to disturb, threaten, stalk, confuse, or harass other Users.
When the User makes any User Content available to other Users and/or to the COMPANY by means of its uploading on AMT Games Ecosystem, the User grants the COMPANY and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, limited right to use such User Content by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it. This license shall be deemed granted to the COMPANY for the entire duration of the intellectual property rights to such User Content as soon as it is uploaded on AMT Games Ecosystem or from the moment the COMPANY otherwise acquires such rights, inter alia, from its affiliates.
The User hereby understands and acknowledges that all User Content placed on AMT Games Ecosystem is likely to be available for viewing and copying by third parties. The User shall be responsible for the User Content that he/she makes available on AMT Games Ecosystem or exchanges with other Users. The COMPANY neither appropriates such User Content nor does the COMPANY review or endorse it. The COMPANY has no control over the information placed on AMT Games Ecosystem by Users. The COMPANY does not review such User Content before it is published. Insofar as the COMPANY becomes privy to any Unacceptable User Content, or the COMPANY receives a notice thereof, the COMPANY will endeavour to promptly delete it.
- issuance of a warning in any form, including by means of e-mail;
- suspension of access to his/her Account(s) and/or AMT Games Ecosystem in its entirety;
- restriction of Games, AMT Games Projects, and/or Website use fully or partially.
6.2 The COMPANY reserves the right to identify and locate all Accounts of the User, determined by the hardware properties, IP or other information, obtained directly or indirectly by the COMPANY and its affiliates as well as to expand the sanctions applied to one Account of the User to any or all of the Accounts of this User.
7. WARRANTY DISCLAIMER
UNLESS OTHERWISE EXPRESSLY PROVIDED BY A SPECIFIC WRITTEN AGREEMENT REGULATING THE USE OF A PARTICULAR GAME, AMT GAMES GAMECENTER, AND/OR AMT GAMES PROJECT, AMT GAMES ECOSYSTEM IS PROVIDED “AS IS”. THEREFORE, USERS ACKNOWLEDGE THAT AMT GAMES ECOSYSTEM MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF AMT GAMES ECOSYSTEM, ACCORDINGLY USERS ACKNOWLEDGE THAT AMT GAMES ECOSYSTEM ISN’T ERROR-FREE AND MAY BE INTERRUPTED. THE COMPANY SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF USERS’ USE OF AMT GAMES ECOSYSTEM) TO SUSPEND OR STOP OPERATION AND/OR ACCESS TO AMT GAMES ECOSYSTEM OR ANY PART OF IT FOR ALL OR SOME USERS AT ANY TIME. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, 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, AS WELL AS AMT GAMES PROJECTS AND GAMES PROVIDED BY THE COMPANY, ITS PARTNERS, OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE AMT GAMES ECOSYSTEM. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME, AMT GAMES GAMECENTER, AND/OR AMT GAMES PROJECT AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS.
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.
IN THE EVENT THAT COMPANY IS HELD LIABLE, COMPANY 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 PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING OUT OF LOSS AND/OR DESTRUCTION OF DATA, DAMAGES ARISING OUT OF LOSS/TERMINATION/SUSPENSION OF ACCESS TO USERS’ ACCOUNTS, LOSSES BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE GAME AS WELL AS LOSSES/DESTRUCTION/CHANGES OF THE INFORMATION PLACED BY THE USER AT THE GAME’S FORUMS OR CHATS. IN ANY CASE, THE LIABILITY OF THE COMPANY TO USERS SHALL BE LIMITED TO COMPENSATION FOR ACTUAL DAMAGE, WHICH SHALL NOT EXCEED 100 EUROS. THE USER MAY NOT RECEIVE ANY COMPENSATION FOR LOST PROFITS UNDER ANY CIRCUMSTANCES. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES TO USERS OR THIRD PARTIES CAUSED BY:
(A) USE OF OR INABILITY TO USE ANY GAMES, THE WEBSITE, AMT GAMES GAMECENTER, AND/OR AMT GAMES PROJECT;
(B) UNAUTHORISED ACCESS OF ANY THIRD PARTIES TO THE USER’S PERSONAL INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER’S ACCOUNT, IN-GAME ACCOUNT WITHIN THE GAME; AND
(C) STATEMENTS OR BEHAVIOUR OF ANY THIRD PARTY IN THE GAME, IN-GAME FORUMS OR CHATS, OR IN COMMENTS ON THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF THE COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND THE COMPANY’S CONTROL, SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRES, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR, OR MATERIALS.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY’S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
9. DATA AND INFORMATION SECURITY
9.1 PERSONAL DATA
COMPANY’s personal data protection rules are available on the website https://amt-games.com/privacy/.
COMPANY is very concerned about the protection of personal data. The personal data collected by 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 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 COMPANY (via Service Support by email at support@amt-games or writing to Axenstrasse 22, 6454 Flueelen, Switzerland).
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. Such User can also contact CNIL at www.cnil.fr.
9.2 SECURITY INFORMATION
The information submitted by the User in any way is to be accurate.
Although the COMPANY does its very best to ensure the confidentiality of the data and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, the User understands that no security measures are perfect and that it can be circumvented.
The User understands and acknowledges that, even after deletion of data and User Content provided by the User, such data or User Content may remain accessible in the cache or web archives, as well as in the search results of search engines, and may also be available to other persons if other Users have copied and stored the User’s data or User Content.
The COMPANY cannot control actions of other Users with whom the User wants to share his/her account data (login and password). Therefore, the COMPANY cannot warrant that any User Content that the User posts on AMT Games Ecosystem will not be available for view by unauthorised persons.
10. HEALTH OF USERS
The User hereby acknowledges that he/she understands, accepts, and agrees that any Game may contain audio and/or video effects, which, under certain circumstances, may cause, in people who are prone to epileptic or other disorders of the central nervous system, worsening of such conditions.
The User understands and agrees that continuous usage of a personal computer over an extended period of time may result in various complications of physical condition, including, without limitation, vision problems, scoliosis, various forms of neurosis, as well as other undesirable and negative effects on the User’s body.
The User hereby warrants that he/she will use any Game only for a reasonable duration with breaks for rest and that the User will take other measures prescribed by his/her doctor to protect his/her health.
The following precautions should be taken by Users:
- Avoid playing if tired or short of sleep;
- Play at good distance from the screen;
- Play in a lit room and moderate the brightness of the screen;
- Take breaks of ten (10) to fifteen (15) minute every hour.
11.2 AMENDMENTS, UPDATES, AND CHANGES
11.3 TERM, SUSPENSION, AND TERMINATION
The User has the right at any time, without notice to the COMPANY, and without explanation, to discontinue the use of his/her Account on AMT Games Ecosystem. In order to do this, the User may send his/her enquiries to Service Support via email at firstname.lastname@example.org.
The COMPANY reserves the right at any time, with a reasonable notice to Users, to suspend access to and the availability of AMT Games Ecosystem or any of its components, in particular, but not exclusively if the COMPANY ceases providing AMT Games Ecosystem services.
11.4 GOVERNING LAW AND DISPUTE RESOLUTION
Any claim that the User may have against the COMPANY in connection with his/her use of AMT Games Ecosystem shall be brought by the User within one (1) year or such other term under applicable law from the moment when such claim arose or when the User knew or should have known the facts that gave rise to such claim, whichever is later. If the User fails to bring his/her claim within the time period specified herein, it shall be time-barred.
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/.
11.6 CONTACT INFORMATION
Users can contact the COMPANY via email at email@example.com to receive more information and to send support requests.