Terms and Conditions and Privacy Policy

Access & Registration

1. By accessing the Website, you agree to be bound by the terms and conditions and Privacy Policy appearing in this document ("the Conditions").

2. Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy (see below).

3. To access the Members area you are required to register with the Website, where you must provide true, accurate, and valid information about yourself as prompted by the Website's registration process.

4. You are responsible for maintaining the confidentiality of your email address, user ID and password. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.

5. We reserve the right to suspend or terminate your account if it is or appears to us to be used in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re-register on the Site without our prior consent.

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Privacy Policy

At BatGames.net we are committed to protecting your privacy. We will only use the information that we may collect about you lawfully in accordance with the Data Protection Act 1998.

We may collect information about you for two reasons: firstly, to process your order and second, to provide you with the best possible service.

See separate Privacy Policy.

Limitations of liability

7. We may alter these Conditions at any time and your use of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

8. We reserve the right to modify or withdraw, temporarily or permanently, any part of the Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

9. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

10. You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

11. You agree not to attempt any unauthorised access to any part or component of the Website.

12. BatGames.net will not be liable for any damages whatsoever, whether direct or consequential, arising from your use of the site.

13. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

14. We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.

Copyright & Use

15. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BatGames.net or others.

16. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

17. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and that you may download any items purchased hereunder to your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who's copyright may have been breached for them to take such necessary action as may be required.

18. You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions. The Website is Copyright, "© 1996 - 2012 BatGames.net. All rights reserved".

Age Restrictions

It is an offence to attempt to buy a certificated title if you are under the required age or to attempt to purchase any such title on behalf of an underage third party.

Persons placing orders for the purchase of products on the Site, confirm that they are of the appropriate age to receive and view the specified certification of the title so ordered.

Any person ordering a product for a third party hereby certifies the intended recipient of the order is of the appropriate age to receive and view the specified certification of the title so ordered.

We reserve the right not to supply any age-restricted product where we reasonably believe that a customer is below the relevant minimum age.

Warranties & rights

20. You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. All Downloads provided via the Website are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non infringement.

21. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.

22. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Entire Agreement

23. These Conditions and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

24. These Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Purchase & Download

25. Your use of the Downloads from the Website is conditional upon your prior acceptance of all Conditions referred to herein.

26. All sales are final. A sale is confirmed when PayPal confirms your payment to us at which point you will be directed to a download area. Once we have received payment confirmation from PayPal and activated your download, you will be unable to cancel that purchase.

27. Owing to the small selling prices, we currently only accept PayPal as a method of payment for purchasing from the Website.

1. The price for a particular Download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.

2. We reserve the right to change options relating to items downloadable from the Website without prior notice.

3. You shall be authorised, to the extent permitted by law, to use, burn and export Downloads purchased only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a Download to you does not transfer to you any commercial or promotional use rights in the product.

4. You are entitled to save the download data on a storage location on the computer which has been used for the download

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6. Product activation

7. In some instances, the usage of products from the provider is only possible if a product activation has taken place before at the provider. In these cases, the customer will receive the activation code as well as instructions how to activate the product from the provider when the contract is concluded and the payment has been received in full. The customer is obliged to store this data carefully.

8. If the customer or the person who has purchased the product from the customer should want to install the product on another computer, it might become necessary to activate the product again.

9. If the activation code should not or no longer work, the re-activation of the code or delivery of a new code takes place on request.

10. A re-activation or the delivery of a new code is only possible if the provider has previously been accurately informed about the originally delivered code.

If you have any queries concerning our service, the site or any products you purchase from us, please contact us at:
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