LEGALLY BINDING VERSION

"ENGLISH" VERSION"

1.1 This Agreement is a contract between you and BOG 212 S Spring St, Los Angeles, CA 90012 (we will further call ourselves “BOG”) and applies to www.BESTOLDGAMES.ORG, your BOG user account (including BOG store), any games or videos or other content or services which you purchase or access via us, the BOG web forums, BOG customer and technical support and other services we provide to you (we'll just call all this “BOG services” for short).

1.2. Additional terms may apply to BOG services and in such a case we will post them for your acceptance.

1.3 Also, when we're talking about games, in-game content, virtual items or currency or BOG videos or other content or services which you can purchase or access via BOG services, we’ll just call them “BOG games” or “BOG videos” respectively and when we talk about them all together they are “BOG content”. Simple, eh? Oh, and one more thing – what we say in this Agreement covers our Privacy Policy too (you can read it here), so the Privacy Policy is part of this Agreement.

1.4. BOG works with trusted partners, developers and publishers, payment providers, customer service software providers and others (“Partners”) – more on them later in this Agreement.

1.5 If you're over 18, then welcome! If you're between 16 and 18, before we extend an equally warm welcome, please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter into contracts like this Agreement). If you’re not 16 yet you cannot have a BOG account or use the BOG services because legally we cannot handle personal data of children without a special parental or guardian’s permission (but your parents/guardians are welcome to sign up themselves).

2.1 We give you and other BOG users the personal right (known legally as a 'licence') to use BOG services and to download, access and/or stream (depending on the content) and use BOG content. This licence is for your personal use. We can stop or suspend this licence in some situations, which are explained later on.

2.2 When you buy, access or install BOG games, you might have to agree to additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game specific End User Licence Agreement). If there is any inconsistency or dispute between those ‘EULAs’ and this Agreement, then this Agreement wins.

2.3 With BOG videos, you can also stream purchased video content or download it to watch the way you want.

2.4 Using certain third-party scripts is recommended for your full use of BOG functionality and, although that usage is optional, we cannot promise full service performance without them.

3.1 To buy BOG content from BOG services, and in some cases to play/use BOG content where our partners require use of a BOG account, you will need to set up a BOG account. This will involve creating a password (which is encrypted so we can’t access it) and a username, plus giving us (for identification purposes) your email address. Please make sure your login credentials are kept secure and your account is used properly. In your BOG account settings you can also optionally set your country of residence, birthday and avatar. Our Privacy Policy gives more detail about the information we collect from you and how we use it and protect it. It's here.

3.2 You can use your BOG account to set up a public profile accessible by other people. You can also use your BOG account to connect with other BOG users. Please act sensibly and remember you are responsible for your own actions.

3.3 Your BOG account and BOG content are personal to you and cannot be shared with, sold, gifted or transferred to anyone else. Your access to and use of them is subject to BOG’s rules which are set out here, as updated or amended when necessary.

3.4. Access to and use of the games purchased with Keyless Access via our cool feature - BOG store (including minimum system requirements) is governed by respective third-party platform policies and (as applicable) additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game specific End User Licence Agreement). It may require having a third-party platform account. These platforms may roll out patches or updates for your purchased games.

4.1 Because BOG gives you access to many different services and games created at different times and via different platforms, we cannot give you one set of system requirements for all BOG services or BOG content. Please make sure your computer and Internet connection are good enough to use BOG services and play BOG games and videos.

4.2 What we can tell you is that using any BOG game will require a computer, equipped with a mouse and keyboard (touchscreen controls are not supported), with an appropriate operating system (please refer to the relevant BOG product page) with all service packs and important updates installed on it. All BOG games should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications shown on the BOG product page. BOG games are not tested on virtual machine software and therefore we do not support playing through them.

4.3 For BOG videos, please make sure your video player supports the videos’ format specified in the BOG product page.

4.4 If you have questions about system requirements, please contact us here. Just so we're clear, you are responsible for making sure you have sufficient Internet access to download purchased BOG games or BOG videos from us or to stream BOG videos and that your system can play BOG games and watch BOG videos.

5.1 As BOG develops, we may offer you optional access to 'beta' versions of BOG software or services or BOG content (more on that later).

Here are the rules:

• a) We (or any applicable publisher/partner) will set the conditions and requirements for your beta access. Providing and maintaining a beta, and who can use a beta, is at our discretion.
• b) You may be required to go through a registration process or other requirements to access the beta (and this may include you meeting eligibility criteria).
• c) Betas will be time-limited and there may be extra contract requirements.
• d) The beta may involve temporary or permanent server/progress/content wipes, resets or amendments.
• e) The beta may be subject to confidentiality restrictions (which will be notified to you in advance if so).
• f) You may be invited to participate in a feedback process regarding the beta – this is totally optional but would be really valued.
• g) The beta is for your use and enjoyment, so you must not sell, loan or otherwise transfer it to anyone else.
• h) The point of you getting beta access is to allow you to try something new, but we would expect you to recognise that it will not be complete yet. Therefore betas will be provided 'as is' without any additional promises from us or any liability on us if it is not complete or does not work fully or causes issues. Betas may not be totally feature-complete and there may be feature changes, modifications or removals during the beta.
  
  

6.1 Surprise surprise, after you decide that you like a BOG game, BOG video or other BOG content, you usually will need to pay for it before you can access it (though we do have some free content too!). You can pay in different ways: (i) using a valid debit or credit card; or (ii) using PayPal (DM us in our F.B page using the messenger button on the right corner. To process your order through PayPal manually by sending you an invoice so you can pay us and we will send you the game you order to your email address immediately after you pay us) or any other authorised payment providers. Keep your payment details secure.

6.2 When you use a payment method to buy BOG content, we're relying on your promise that you're able to use that method. You are responsible for any purchases made using your BOG account or payment method and you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. All payments are non-refundable and non-transferable except as expressly provided in this Agreement. Kids – your parent or guardian needs to approve any purchase you make.

6.3 You can always pay for BOG content in US Dollars. However if you happen to live in countries where your local currency is supported (see our Support section here for details), you will be able to pay in your local currency. You might have to pay a currency conversion charge if you are not paying in your home currency and some banks might also add other kinds of transaction fees.

6.4. All prices are visible in the product catalogue page. They’re inclusive of legally applicable sales taxes/VAT.

BOG Wallet

6.5 BOG offers users a digital account balance called the “BOG Wallet” in connection with your user account, which you can use to make purchases of BOG content on dedicated BOG services. Funds can be added to it in two ways: (i) using your chosen payment method; or (ii) by us as part of our ‘Voluntary Refund Policy’ (see link here) in which case we may offer refunds to BOG Wallet that you can use to get a replacement BOG game or other BOG content. The BOG Wallet is made available subject to rules which are set out on our BOG Wallet page here.

BOG Bonus Codes

6.6. We may also issue time-limited bonus codes which give you free or reduced price access to BOG content (we’ll call them “Bonus Codes”). If you receive Bonus Codes when you buy BOG content but later decide to return that BOG content, then we think it’s fair for you to return the Bonus Codes too. Therefore, we will terminate it or, if it has been redeemed for a BOG game, that game will be removed from your account.

Direct to Account Distribution

6.7 We have a direct to account distribution feature (we’ll call it ‘BOG Direct to Account) where distribution platforms who partner with us would be able to sell games or other content to you, where you could choose for that game/content to be automatically activated within your BOG account, without the need to redeem any codes. Just to be clear, the whole purchase process is handled by the other platform, so in case of any issues with the purchase process please speak with them directly. For this particular matter therefore, we cannot offer you Our Voluntary Refund Policy (because BOG didn’t sell the game/content). Of course, anything connected to our platform’s services is still our responsibility.

Statutory refund rights

7.1. If you are a resident of the European Union or other applicable jurisdictions (excluding the USA), then you have the statutory right to withdraw from a purchase of BOG content within 7 days of your purchase, without giving a reason. However, this does not apply where you have expressly consented to the performance of the BOG content (which is digital content) beginning immediately upon conclusion of the purchase process and have acknowledged the loss of your withdrawal rights.

7.2. Neither this nor any other part of this User Agreement affects your statutory rights. In particular:
a) For Australian Users: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Details here
b) For New Zealand Users: Neither this nor any other part of this User Agreement excludes, restricts or modifies the application of any right or remedy that cannot be so excluded, restricted or modified including those conferred by the New Zealand Consumer Guarantees Act 1993. Under this Act are guarantees which include that goods and services are of acceptable quality. If this guarantee is not met there are entitlements to have the software remedied (which may include repair, replacement or refund). If a remedy cannot be provided or the failure is of a substantial character, the act provides for a refund.

Our Voluntary Refund Policy

7.3. We understand that sometimes a purchase doesn't turn out how you expected and we want to be fair to BOG users. This is why on top of your statutory refund rights (described in section 7.1.-7.2. above) we may offer you a Voluntary Refund Policy described here. In some rare cases if we have reasonable doubts regarding your refund request we may not apply the Voluntary Refund Policy. In no case this will deprive you of any applicable statutory refund rights. A sale is considered final once your refund rights expire (unless we agree otherwise on a case by case basis).

8.1 With certain BOG content you may be able to purchase or acquire virtual items and/or virtual currency (we’ll call them “Virtual Goods” for short). Virtual Goods are subject to this Agreement and in particular the following default rules, unless there are specific rules for that BOG content (which will prevail over these rules).

8.2 Virtual Goods are digital items only with no cash-value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for other Virtual Goods, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Goods is prohibited (unless you are specifically permitted to do so). Your right to use any Virtual Goods is limited to a limited, nonexclusive, non-assignable, non-transferable, non-sublicensable, revocable licence to use them solely for your personal entertainment and non-commercial use in the applicable BOG content. You have no property interest or right or title in any Virtual Goods, which remains the appropriate publisher’s property. Virtual Goods may be changed, amended or reversed if necessary, including to enforce this Agreement. If necessary, limits may be placed on the use of Virtual Goods (including transaction limits and balance amounts).

8.3 The existence of a particular offer for Virtual Goods is not a commitment by us to maintain or continue to make the Virtual Goods or that offer available in the future. The scope, variety and type of Virtual Goods that you may obtain can change and we have the right to manage, modify and remove Virtual Goods if we consider necessary for the ongoing operation of BOG or BOG content or for other legitimate reasons, in which case we will have no liability to you or anyone for the exercise of such rights. We will make reasonable efforts to notify you of any such change and to explain the reason for such change.

9.1 Occasionally we may need to patch or update BOG services or BOG content (for example to add or remove features or to resolve software bugs). We need these rights in order to keep BOG running efficiently. Our Partners may use BOG services to roll out patches or updates for applicable BOG content.

10.1 BOG services including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding them are either owned by us or we license them from third parties. BOG content is owned by its developers/publishers and licensed by us. All rights are reserved except as we have explained in this Agreement. You may not use or exploit any part of the BOG services or BOG content except as explained in this Agreement.

10.2. BOG respects the intellectual property rights of others. Please read more here.

11.1 Please follow these rules regarding the BOG services and BOG content. Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of this Agreement, which could lead to suspension or cancellation of your access to BOG services. Here are the rules:

• a) Only use BOG services or BOG content for your personal enjoyment (for example, don't use them to make money or for political purposes).
• (b) Regarding BOG content, what you can do practically (which includes to modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of it) depends on what the BOG content rights holder allows you to do (BOG can’t grant such rights), so please check this with the rights holder directly (the first thing you should do though is to check if they have a EULA and if so what it says). We also ask that you make only genuine attempts to improve the BOG content.
• (c) Regarding BOG services (which includes BOG software), unless you have prior BOG permission please don’t modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of them – unless you’re allowed in this Agreement or by the law in your country. We’d like to emphasise that you are free to contact us for permission to do these things and we will review and respond to those requests in good faith. More generally, at some point in the future we want to open client protocols to make it easier for users to work with BOG data/software without any need for reverse engineering or similar techniques.
• (d) Don't hack, harm, grief, interrupt or misuse BOG services or BOG content, BOG users or BOG personnel or use them for any similar purpose.
• (e) Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect BOG services or BOG content in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between BOG or its partners and BOG services and/or any unauthorised third party programs that collect information about BOG Services).
• (f) Don't interfere with the BOG or third party network software or other software including via tunnelling, code injection, modifying or changing BOG software, using any other similar software together with BOG services or BOG content, through protocol emulation, or through creation or use of private servers regarding BOG services or BOG content. Do not access or attempt to access areas of Best Old Games, or BOG servers that have not been made available to the public.
• (g) Don't do or say anything which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be nice to each other please!
• (h) Don’t share, ‘buy’, ‘sell’, transfer, gift, lend, steal, misappropriate or misuse BOG accounts. BOG keys/codes can only be gifted or transferred or used in the ways permitted by BOG. If you have any questions or problems, contact customer support.
• (i) We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding BOG.
• (j) We ask you not to do anything in connection with BOG that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.

12.1 This section is about content (e.g. text, photos or links) which you make available either to us or to other BOG users via BOG services (for example through your profile picture or through messages to other BOG users). We'll call this "User Generated Content".

12.2 As far as we and you are concerned, you own any User Generated Content but we need you to give us some limited rights over it so that we can actually transmit it through BOG services. So, we ask you to give us a nonexclusive, irrevocable licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with BOG services.

12.3 It is your responsibility to make sure that you have all necessary legal rights before you use User Generated Content and for checking they are safe to use – we can't know that ourselves, and we can't check it for you, so we have to rely on you.

12.4. However, we have the right (but not the obligation) to review and if appropriate or legally necessary to remove any User Generated Content which is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic. If you find that any such content has been posted on BOG services, please let us know by contacting us at legal@bestoldgames.org.

13.1 You’re welcome to give us feedback and suggestions to improve BOG services and we really value them all. However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.

14.1 For fan work (e.g. works like fan mods, machinima, parodies, homages, 'Let's Play' or other videos or artwork), you need to check with the content owner (e.g. the developer or publisher) if they are OK with it and if so you should get permission from them. The reason is simple – the BOG content is the property of the respective owner, not ours.

15.1 You might get links to third-party websites or content through BOG services which aren’t connected to us. Using them is up to you – we’re not responsible for them, we can't promise they will work, what they'll be like or if they're free.

15.2 You can also use your BOG account to get easy access to some external, BOG approved partner services, e.g.

16.1 We warrant that: (i) we have the right to enter this Agreement and to grant you the licence to use BOG services in section 2.1; and (ii) we will take reasonable care with the BOG services and your use of them; and (iii) we will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this Agreement.

16.2. Your representations and warranties. You represent and warrant that you have the full power and ability to enter into this Agreement and will follow fully its terms. You also represent and warrant that any User Generated Content, which you transmit via BOG services does not infringe upon the intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic.

16.3. We work hard to try to make BOG content work on your systems but we only have limited time to carry out tests and we don't always get everything right. Therefore, we can't accept any liability or responsibility for BOG content except where required by law (see 7.1.-7.2 above). We are also not responsible for anything that happens to Best Old Games or BOG services which is outside of our control. However, don't forget you may be entitled to BOG content return and refund if it has technical issues see section 7.3 (c).

17.1 Your right to terminate the Agreement. You may terminate this Agreement at any time and without giving any reason by completely ceasing to use BOG services. If you would like us to delete your account please contact our Support Team here. Termination will not affect already existing rights or obligations of us or you.

17.2. Our right to terminate the Agreement. If you materially breach this Agreement, we reserve the right to suspend or cancel your access to BOG services and BOG content. By material breach of the Agreement we mean a serious breach which could cause significant harm to BOG, BOG users, as well as, in particular breach of the provisions of section 11 above. If we suspend or cancel your access to BOG services or BOG content we'll take reasonable steps to contact you to explain why we've done this and what (if anything) you can do as a result.

17.3 It seems very unlikely, but if we have to stop providing access to BOG services and BOG content permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting a note on Best Old Games and sending an email to every registered users – during that time you should be able to download any BOG content you purchased.

18.1 Neither you nor us will be liable for any failure to perform any obligation under this Agreement or to provide access to BOG services and BOG content if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.

For users resident in the European Union and elsewhere in the world (but not the USA):

19.1 You and we agree that your use of BOG services and BOG content and this Agreement will be governed by and interpreted according to the laws of the Republic of the us and that any dispute regarding this Agreement will be heard non-exclusively by the courts of the Republic of the us. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses

19.2. The above choice of governing law and jurisdiction is subject to any mandatorily applicable principles of consumer protection or other law in your jurisdiction of residence which would not otherwise be available.

For users in the USA only:

19.3 You and we agree that your use of BOG services and BOG content, and this Agreement, will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law). Any legal claim by you against BOG will be made exclusively in any state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.

20.1.If you have concerns, claims or issues with us, we hope we can resolve them quickly and amicably. Please contact us here. We will make reasonable and good faith efforts to resolve any dispute between us informally. We undertake to answer to any claim within 3 days.

20.2. If it is not resolved during this time, the next steps depend on where you live. If you live within the EU you may submit your legal claims to the online dispute resolution platform operated and provided by the European Commission which can be accessed via http://ec.europa.eu/consumers/odr/ in order to reach an out of court settlement or initiate a lawsuit.

20.3. If you live in the USA or the rest of the world (but not the EU) then please contact us at legal@bestoldgames.org.

21.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.

21.2 This Agreement (including any BOG additional terms referenced in it) and the BOG Privacy Policy constitute the entire agreement between you and us and supersede any earlier oral or written agreements. If you disagree with this, please contact us as soon as possible after you start using BOG services at legal@bestoldgames.org since otherwise this will be binding on you after a reasonable time period (usually 30 days).

21.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.

21.4 Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.

21.5 If there is a reorganisation, sale or merger of BOG then we may need to work with relevant third parties to transfer or merge your BOG account.

21.6. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply this Agreement

21.7 We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of BOG, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.

21.8. If you are a European Union citizen, then please be aware that BOG has enabled cross-border portability on free and paid content pursuant to Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market, but this is subject to any other legal requirements on BOG including regarding IP protection and may also be subject to any requirements of developer and publisher partners of BOG.

22.1 We may change this Agreement if we think it's necessary, e.g. for legal reasons or to reflect changes in BOG services or BOG content. If so, we will make the changed Agreement available online at Terms of service– Best Old Games and (if you have a BOG account) email you to let you know about the changes.

22.2 Any changes to the Agreement will come into force within 30 days of their announcement online. In the meantime, you're welcome to contact us at legal@bestoldgames.org if you have specific questions about the changes.

22.3 If you don't agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using BOG services and BOG content. We're sorry we have to say that, but we hope you'll appreciate that for BOG services to work properly we need to have everyone using it under the same rules instead of different people having different rules. That's why we encourage you to get in contact if you have queries or concerns.

22.4 Just so you know, we'll never just make a bunch of changes to this Agreement, not tell you what they are and force you to agree to changes you don't understand before you can use BOG services!

23.1. If you have any complaint concerning BOG account, BOG services, or simply you would like to contact us, here are our contact details:

Name: BOG.

Registered Office: 212 S Spring St, Los Angeles, CA 90012.

Last update : 7th November 2020