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Terms of Sale We, Macrovision Corporation's Trymedia Games Division (“Trymedia”) are a trusted fulfilment partner of Yahoo! UK & Ireland. We are a US company having an address at 135 Main Street, 6th Floor, San Francisco, CA 94105, USA. When you submit an order When you submit an order you will be notified immediately via the website whether your order has been accepted. If your order is accepted we will immediately charge your credit card and tell you how to download or activate your game. At the same time we will send you an email confirming your purchase and download instructions, as well as a link to these Terms of Sale. Please check your payment information and the contents of your shopping cart carefully before clicking on the Confirm Order button. You can change your payment information before confirming your order or cancel the purchase entirely by clicking the back arrow, any breadcrumb links or closing the browser window on the order page. Download process The games available from this site are protected with our Activemark copy protection Digital Rights Management (“DRM”) software. When you install an ActiveMARK enabled game to your computer, a machine ID is generated based on your computer profile. This ID is stored on your computer in the windows registry. When you purchase a game the machine ID is passed to the ActiveMARK servers to receive an activation code which will unlock the game and prepare it for use. In addition our Download Manager software is installed on your computer in order to manage the download of a game, although this software is deleted once the download has taken place. You should be aware that any attempt to circumvent the protection afforded by such DRM software is illegal and may be a criminal offence. Restrictions on orders This site is directed at users in the United Kingdom and Ireland. If you access this site from another country we may not be able to sell you the titles you wish to buy, due to restrictions imposed by a games publisher or for other reasons. Before you are able to purchase or try any game which is classified as a game for over 18s only you will be required to confirm to us that you are over 18 years old. 48 Hour Money Back Guarantee – Excludes "Try and Buy" Games With the exception of games sold on a "Try and Buy" basis, all of our products have a 48 hour money back guarantee. If you are experiencing a problem with your product order we are here to assist you. Your satisfaction is our highest priority. If you have already submitted a support request within 48 hours of purchase, you do NOT need to submit an additional request within the same period. We will honour your refund if your first request for support was received by us within the money back guarantee period. If our customer support team is unable to solve the problem you are having you can then submit a refund request or reply to us. Please read the support FAQ’s located Here first before submitting a support request. If you are not completely satisfied with your purchase, you may request a refund provided that (a) you have permanently uninstalled the software from your computer, and (b) less than 48 hours has expired since the time of your purchase or your first request for support was submitted within 48 hours of the time of your purchase and the issue raised by you has not been resolved to your satisfaction. Qualifying refunds are processed within 14 – 21 days after your request. Please do not submit multiple requests, since this will not expedite your refund and may actually slow the processing of your original refund request. Also, please do not dispute the original charges with your bank as this will also hinder our attempts to refund you. All order support requests including refunds must be submitted through our support form located in the store FAQ’s. After you submit an order support request, a case number will be created and you will receive an e-mail confirmation of your submission. Waiver of the statutory cooling off period By law consumers in the European Union have the right to withdraw from the purchase of goods and services within seven working days after the day on which they are delivered to the consumer. However, you hereby agree, as you may by law, that with effect from your commencing download of any game you have purchased (or where you have already downloaded a Try Before You Buy version, with effect from your unlocking the game after purchase) you waive any such statutory cancellation rights which you might otherwise have. You will similarly waive your rights from the point at which any person you have purchased a game for as a gift commences download or unlocks a Try Before You Buy game. If we fail to present your order confirmation and related information prior to your commencing download or unlocking (as applicable) then your statutory rights may still apply. If you consider that you are still entitled to exercise your statutory rights and wish to do so then please submit a refund request using the support request form found on the store FAQ page. Please note, any waiver of the statutory cooling off period does not in any way affect any rights you may have under our 48 Hour Money Back Guarantee. Licence terms We distribute the games downloaded from our site on behalf of the relevant games publishers. Please note that your purchase of any game is subject to any end-user licence agreements or other terms and conditions which you are required to accept when downloading the games. Marketing use of your personal information Please note that if you sign up for any newsletters or marketing information via this site the use of your personal data in connection with such newsletters and marketing will be governed by the Yahoo! UK&Ireland Privacy Policy. Our use of your personal information We will only use the personal information you submit on making a purchase in order to process that purchase. However, we may share information about your purchasing habits with Yahoo! UK&Ireland Games so that, if you have agreed to direct marketing, they may use such information to ensure you receive the special offers and promotions most relevant to you. In order to complete the purchase of a game, you will be asked to share with us information required to complete the transaction successfully, such as billing and shipping addresses, credit card number and expiration date, etc. We may share such personal information with third parties involved in facilitating or completing the transaction (for example, credit card authorization companies). You understand and agree that personal information you submit in order to make a purchase may, in connection with the processing of that purchase, be transferred to other countries whose legal systems do not offer the same protection for your data as the laws of your home country. We may disclose your personal information to authorities (i) if you violate any law, rule, or regulation, or (ii) if required by law or regulatory authority (for example, court order or subpoena). Many questions regarding your purchase history and assistance with your software can be answered by visiting our FAQ. If you would like access to other information and records that Trymedia retains in relation to you please complete and submit the Trymedia Information Request Form which can be obtained by sending an email requesting the form to: privacy@trymedia.com. Please be aware that information will not be released in response to a request until Trymedia has received a completed request form, verified the authenticity of the request and received payment of the modest fee due for each request. Once you have received the information and records you have requested you may request that they be changed, updated or removed. However, you should be aware that it is not technologically possible to remove or verify each and every record of the information you have provided to us and that any changes or deletions will not affect the information we have provided to third parties in accordance with this policy prior to such change or deletion. The need to back-up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. No warranties ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. Limitation of Liability USE OF THE SITE OR THE CONTENT PROVIDED ON OR DOWNLOADED FROM THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR CONTENT CONTAINED ON OR DOWNLOADED FROM THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO EUROS 100. Contacting us Our questions and answers page should solve many of your technical queries. However, if you would like to contact us on any other matter then please submit your request using the support request form found in the store support FAQ section. We will email you with a case number and our team will respond as soon as possible – generally within 24 – 48 hours. Applicable Law and Jurisdiction We control this site from our offices within the State of California, USA. The laws applicable to the interpretation of these Terms of Sale shall be the laws of the State of California, USA, and applicable U.S. federal law, without regard to any conflict of law provisions. You agree that any action at law or in equity arising out of or related to your use of this site or any games purchased or content downloaded from it shall be filed only in the state or federal courts located in Santa Clara County, CA, USA and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. |
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