EmbyGames

 

TERMS OF USE AND GENERAL TERMS AND CONDITION OF SALE

Introduction:

the following agreement is in compliance with the European and Maltese norms represented here and also with all the norms related to the surfers, the customer using our services and all the subjects, surfers included, that wish to visit the following website. These terms of use and sale also represent the essential part of any purchase contract of any service offered here and they also involve the acceptance of these conditions by the Client, the participating subject and the user.

It is also necessary to specify that the previsions referred to the Consumers ( as shown below) will be exclusively applied to the subjects falling into the definition.
The consumer, in particular, is considered as any natural person making a purchasing order for purposes that are out of their commercial, professional, artisan or business activity.
Therefore, consumers will benefit of the legal protection regarding contract recission according to the European Directive 97/7/CE and so the Maltese norms with all the further changes and integrations.

Implementation environment and definitions:

Seller: EMBY TRADING LIMITED established in 29. St. Mary Street, Birkirkara, BKR4684, Malta

Portal: represented by the website on the URL www.EmbyGames.com

Owner: represented by the website on the URL www.EmbyGames.com

Client or buyer: anyone making a purchase through the internet system of the portal www.EmbyGames.com

Surfer or user: anyone getting into the portal, surfing into it without necessarily using its services, included the ones with fee.

Participant: anyone taking part to the games offered in the website upon the compulsory registration on EmbyGames.

Contract: Any negotiating agreement between the Portal and a client about the purchase of one of the services listed or showed by the Seller, included in the Portal, always made following the procedure and the norms explained here.

Game / Race: the participation to the competition in the EmbyGames portal in which, through a game system, the User tries to gain the product on a reduced price through their abilities.

Social Game: it is a type of game inside the EmbyGames. The Social Game is a “Free admission game” to which it is possible to participate by sharing on the internet and on the major social networks the Portal contents. The award is a product that can be purchased on a reduced price.

1. The EMBYGAMES Portal

A.CHARACTERISTICS OF THE PORTAL STRICTLY SPEAKING

This portal is an e-commerce website with a structured system in terms of competition and ability. The participation to the “Races” is in compliance with the terms and conditions represented here.

By accepting those terms and conditions of use and sale the user confirms their will to utilize the EmbyGames services. If not, the user is free to close the Browser page in use.

By using our services and surfing on this Portal the user declares to be in the age of majority in the nation of residence and being able to store a binding legal contract.

Every user is the owner of their account, following the registration, and is obliged to use it in accordance with the conditions of good faith and honesty, avoiding any alteration or forcing to the softwares during the participation to the Races.

B. MAP AND CONTENTS: TYPES OF GAMES OFFERED

(it is always necessary to check the present section as the types of games could be modified in time).

The Portal is structured to allow the user to manage their own Account through the personal homepage, acquired afted the registration.

The game used in the Portal is the “Social Game”. The user declares to accept the following regulation to participate to the Social Game.

Social game regulation

The participation is free of charge and it starts when the registered user shares the Social Game itself using the plug-in, offered by EmbyGames, found in the social networks and on the web.
START shows date and time of the game beginning, while the LENGTH shows the time in which the game happens; this is represented by a timer going back to 0.
At the end of the Length, the Social Game will end and there will be a winner. This will be the Participant that got more points during the game. If two or more participants have reached the same score, the winner will be the one that got that score first; they will be the only winner. There will be a competition among the participants and on the Social Game webpage there is a results table that is being updated every 60 seconds; the table shows the place of each competitor with their nickname and real-time scores. The winner will be able to purchase the selected product on a high discount.

The User who has won a Social Game can not take part to the following one

The User who has won a Social Game can not win the following one. In case of winning, that user will be disqualified for the relative Social Game

The competitors can gain points in the following ways: 5 immediate points for each successful share through the Facebook plug-in or through the e-mail share. One point* for each click received by a friend ( web of contacts) on the shared content by all the plug-ins in the game banner.
It is possible to share only one time for each social network for each activation interval, except for web and Whatsapp sharing (it is possible to share on whatsapp only through a smartphone), those having an unlimited use. The activation interval is a timer that shows how much time the competitor in the social game must wait before a new share or before gaining more points.
Once the social network plug-in is clicked, the competitor has to share straightaway without closing the pop-up. The plug-ins will become grey-coloured once you click on one of them. If they turn into grey, it means that you cannot use them anymore. Once the competitor has finished their sharing, they must click on the “Reactivate Timer” button to start again the activation interval and wait until the interval passes and it will be possible to share again. After clicking this button, countdown starts and all the buttons will turn grey.
Once the activation interval has passed, all the plug-ins will turn back to their original colours, and it will be possible to share again.
The Competitors can gain points, as described above, by using the button for the internet sharing, by sending e-mails and by sharing via Whatsapp (only if you are connected on a smartphone). With the internet sharing button the competitor can copy/paste into the web space (or forum, blog, etc.) the Social Game link to which they are participating.

It is strictly forbidden using the web free link share and any other links of EmbyGames, for any goals, for any kind of spam actions ( for example pop-up in third party sites with inside the link of EmbyGames) and/or to use those links in porn sites and/or in every kind of illegal sites.

The length and activation timers, the discount on the product as well as the number and/or the type of each plug-in for the sharing activity can vary among different Social Games at EmbyGames discretion. The users will be able to check all the Race Information (timer, plug-in, discounted prize) before its start.

The received clicks are points gained (1 for each received click) for 2 hours from the sharing. This means that after 2 hours has passed from the sharing in every social network, internet, email or on Whatsapp the shared contents are no more good for gaining points and increase the score.

The link of each Social Networks must be shared only in the relative Social Network. For example, the Facebook link can be shared on Facebook only and not in any other Social Networks or web spaces. The users who do not respect this rules will be disqualified for the relative Social Game.

To turn into 1 point, the click received for the shared contents must come everytime from a different user. For instance, if a “friend” surfer clicks 100 times repeatedly on the shared contents, the point gained will still be only 1. Therefore, the “friend” can only increase one point for the score of the competitor. The “friend” can increase the score for 1 point for each Social Networks for the entire duration of the relative Social Game. If the same person makes his beneficiary gain more than 1 point with any methods from each single sharing channel, the beneficiary will be responsible and he may be disqualified from the current Race and/or banned from EmbyGames at the discretion of the Staff.

Each gained point from clicks must come from physical/real people otherwise the beneficiary may be disqualified from the current Race and/or banned fom EmbyGames.

The Competitor also gains 1 point for each click received from the sharing of the share of its original contents made by other users. This means that are valid all the clicks coming from the web of contacts of other users that have shared the contents from the Competitor directly from the Social Game.

*For each Social Game there is a table chart showing the points score for each click received and the limits. Users receive 1 point per click till a certain sum of total points accumulated. Then, they will receive 0,75 0,50 or 0,25 points per clicks. Also, there are limits for the maximum points users can accumulate for each activation interval. This point system is shown in table inside each Social Game dedicated page.

Bonus points and Prize List

Users have the possibility to gain 10 bonus points during the countdown in the launch phase of the relative Social Game by doing share on Facebook using the plug-in button.

For each Social Game there is a prize list for the competitors who will finish the relative game in established rank positions. In particular: the winner ( 1st position ) will be able to purchase the selected product on a high discount. The second and the third will have a certain sum of bonus points for the next Social Game. Each game also includes the following prizes: Top 10 ( from 4th to 10th positions ); Top 25 ( from 11th to 25th positions); Top 50 ( from 26th to 50th positions); Top 100 ( from 51st to 100th positions); Top 150 ( from 101st to 150th positions); Top 200 ( from 151st to 200th positions). Competitors, who will finish the Social Game in one of the above mentioned Top positions, will have a certain sum of bonus points for the next Social Game. The bonus points, for the second and the third positions and for all the Top positions, can be different from each Race. The bonus points are listed and clearly visible in the upper part of the relative Social Game webpage.

C. WIN ACCEPTANCE AND DELIVERY OF THE GOOD WON IN THE SOCIAL GAME

After the game closure, the user will be declared the winner of the purchase of a discounted product. The user will be informed of the total price of the good, the possible transport charges and payment methods. The winner, after having accepted the prize, must proceed to payment within 15 days.
Once the product has been purchased, it will be delivered to the carrier within 30 days, and it will take some working days ( it depends on the carrier) for the forwarding.
Nevertheless, the estimate forwarding times are approximate as there could occur different problems not related to EmbyGames or to the carrier, for instance accidental events or circumstances beyond our control.

The winner must give a real residence address, so that EmbyGames can proceed to a safe forwarding. In case of winning and missing of the forwarding information needed, after 15 days the product will be back on another “Race” to be won.

If there will not be any different communication, the EmbyGames warehouse or one of our suppliers will deliver the product to the indicated address. Deliveries will be possible only in the EU countries.

In fact, the user can use the EmbyGames services only if resident in a EU country or if the connection to the Portal is made in a EU country.

EmbyGames collaborates with trustworthy partners to guarantee the best price on a wide range. In spite of this, there could always be some problems during the shipment.

For these reasons, EmbyGames offers an optional insurance service for the shipment through carrier. The winner of each game can decide whether to take the insurance or not, with a 1% cost on the market price of the good, starting from a minimum amount of 10,00 euros.

The transport insurance can be made during the check-out, during the payment of the product. If under insurance covering, the user must communicate any packing damage caused by the transport on the delivery coupon, with a detailed description of it.

Therefore, if the package is clearly damaged, it MUST be REJECTED.

In any case the article must be checked after its delivery because, after 3 days from the delivery, EmbyGames will consider the Article flawless. If instead, the User has not made any transport insurance, and the packing or the article has been damaged by the delivery, EmbyGames will not take any responsibility and will not provide any refund.

If the carrier will not be able to deliver the article within an appropriate time, EmbyGames will contact the user straightaway and will be ready to deliver them another good of the same price and value with similar or better features, or will rescind the contract and give back the whole amount of money paid by the user for the product.
If the good is returned for any reason that would not be related to the defect noticed ( so exclusively depending on reasons declared on the normative for long-distance purchase contracts) the user will receive a refund of the same price of the product purchased (transport charges not included) but they will not be refunded for any awarding expenses (when distracted by other reasons).

REGISTRATION AND CORRECT USER BEHAVIOUR - RIGHTS AND OBLIGATIONS

After the registration the user will be responsible for all the normative, civil and penal principles explained on this document. The user must follow the “Rules” arranged for each “Race”.
Any game violation can be punished in accordance with the law and it will be reported to the relevant authorities. In the same way any kind of collusion among the users is strictly forbidden.

Collusion is when two or more users try to take advantages by damaging other users through implicit or explicit agreements that would modify the natural process of a game.

It is strictly forbidden to:
Participate in a group and organised way to the game, pretending to have a true interest;
spread fake information related to a “Social Game” in which the user wants to participate;
Participate to one or more “Social Game” at the same time with friends or acquaintances, in order to modify the interest of a third party. Take advantage of any BUGs in the site/software of EmbyGames and/or third parts
Take part to Social Game for web influencers, for example Bloggers and/or Youtubers who have an important number of followers. EmbyGames will organize VIP Social Game where only web influencers are allowed to participate.

Anyone who will be contacted  by another user for a collusion, must report it to the EmbyGames staff straightaway.

In any case, if EmbyGames will be informed of any possible offence or illegal action not necessary mentioned here, it can:
1. Suspend and delete the User/s account/s;
2. Stop the possible Social Game won without any refund;
3. Verify the offence and report it to the authorities

The user can delete or remove their account at any time.

Likewise, for the reasons explained above or for any other reason that could damage the company, its reputation, the Portal, Copyrights, Brand or that could seem to violate any National or International normative, EmbyGames can suspend or delete an account or delete any participation, with retroactive effect, to the Social Games to which the user had accessed.

Each users can not create or manage more than 1 account.

Users who have been suspended or deleted accounts can not create new ones.

The user expressly accepts what has been held in the previous paragraph.

2. Sharing Your Content and information regarding images

a. The portal is believed to be the sole owner of the informations and material contained within the website www.embygame.com. The images, the graphical representations and the Videos may, in some cases, not correspond exactly to the actual representation of their own for related reasons, most of the time, from the browser you are using or from the screen resolution used. Graphic representations of the goods for sale at the end of a "game" may not be an exact representations of the same product as "mere example" of the same item. The contents of the portal can be shared on social (entering the URL into a Facebook profile for example) but any user can, in any way and for any reason, acquire, download, misuse, make copies, becoming owner by the use of programs "catch programme" or otherwise share improperly (unless directly authorized by the Portal) content within the site whether in text, that format images, software or Video.

b. To take part in the "Social Game" defined Social Game or when they will have the opportunity, the right, the duty or the pleasure of sharing texts, banners, images, URL and / or anything else on the site, within the Social Network and the web, the user is responsible for what is shared and the message written in the post within your personal page. Any operations, shares or messages which damage the dignity, image and / or reputation of EmbyGames will be prosecuted according to the law and the howner reserves the right to suspend and delete the account of the user who has operated wrongly without opposing to any form of exception.

c. In any case, the user agree to (except however EmbyGames rights to act against the user) the portal can use this contract in order to ask the Social Network for the immediate cancellation of the post. What is indicated by the above paragraph was originated because of the contractual relationship between the user and the Social Network of reference.

d. The user acknowledge that the post and shares on social networks are and will always be under his sole responsibility, indemnifies EmbyGames from any compensation request by third parties or by the Social Network. The portal will be considered the sole entitled to the information in this article in accordance with the effects of the European regulation 91/150 / EEC as amended.

3. Conclusion of the agreement for access to free services

The user who wishes to navigate within sections of the portal, will be responsible for all transactions carried out in the period of navigation and will be subject to all obligations mentioned here if those are covered by the specific regulations that fall outside of purchase.

It will, therefore, for pure simplification (not limited to the case) that underlies the respect of the dictates imposed to protect the image rights, the right of privacy, copyright, as indicated by this Act.

4. Type of service Purchase, Payment and Purchase of the property won in "Social Game"

The purchased service will create a consensual contract between EmbyGames and the Consumer buyer.
Payment will be made by MistralPay (MistralPay personal account, credit / debit / prepaid) and for this reason, the Consumer will be invested as part of the legal transaction as a counterpart exclusively MistralPay during the purchase. Using data for the purchase, the inclusion of payment methods and possible use email, as well as personal data, will be in fact used exclusively by the bank. Only the Bank will credit the amounts to c/c of the Portal account as a result of the transaction.

If there was not an account with MistralPay you willl be able to open one directly from MistralPay login page.

A. Payment and Purchase of Good won in the "Social Game"

At the end of a "Social Game", where the user might acquire the good, because of that, these will have the right to buy the good within the terms specified to 'Art. 1.c.
The product to be purchased at the discounted price (clearly indicated at the bottom of the image of the product itself) is guaranteed as; 1. New, 2. Not used; 3. Intended for domestic use. For this reason the products are not intended for 1. Resale, 2. Commercial use.

B. The good won in the "Social Game"

The description of the product placed by EmbyGames do not constitute contractual clause. For this reason the user must put in place the proper diligence in order to determine clearly the product, as indicated, make sure it is the one he wanted and then, for more identification, also ascertain the specifications of the same at the production company within its official website.
The images of the products, as indicated in 'Art. 2, are only to be considered as mere illustrations, not necessarily published because picture of the actual item for sale.
Except in cases specified in Art. 1.C and 2 of this Act, the warranty of the product purchased will not be applied except as expressly established by the regulations laid down by the Consumer Code.

In any case, where it is detected a defect covered by warranty; - The user, in case of malfunction or defect must write an email to support@embygames.com - EmbyGames if the product is still under warranty will advise the closest centre to them for the repair of the product.
Otherwise, if there was not a specialized center in the area, the product must be returned at the expense of the User at the registered office of EmbyGames (29, St. Mary Street, Birkirkara BKR4684, Malta) with the exact indication of the problem.
After a careful analysis inducted by EmbyGames, if the damage fell within the Warranty Act the good will be returned (repaired or replaced) to the user (at the address specified by them).

5. Responsibilities of the Portal, the user and the customer

A) Responsibility of the portal:

The portal is responsible for the information submitted, whether text, Photostat or in video format. The portal is committed, as of now, to generate "Race" that are believed to be lawful, transparent and in compliance with the regulations. The portal is not to any underlying rules on betting, to chance/risk or to the Gambling.
No cash prize is permitted within the portal.

Any winnings will include the right to purchase at a substantial "Discounted" prize the good indicated in the "Social Game" reference. These transactions are included in the standards for e-commerce and for certain aspects at the Skill Game without constituting a prize notification.
The portal and the information it contains is the result of careful study and structural analysis but, nevertheless, should be treated as such without any advice (relating to the games) can be considered for induction to the user participation "Social Game" that right by now it feels should be considered purely recreational activities of interest. It specifies that the "Social Game" are considered to underlying 'Institute of' Skills (SKILL) can not be regarded as a form of sure win.

B) User and customer Responsibility

The user navigating that intends to visit the site or that intends to participate in the "Social Game " is conscious that has to fully comply with the General Conditions (in whole or in part depending on the nature of the contract he intends to enter into with the Owner : User or Buyer).

Regardless of the legal commitments entered , the user is responsible of what is been obtained in the portal and be aware of the dictates provided by the specified Act

.
C) Liability Limits

EmbyGames is not to be held responsible for the malfunction of telephone equipment , Internet connection , the PC , the software used by users when participating to the Social Games , as well as the transmission of the wrong/slow data relating to the offers via phone/ network/ISP .
Users interested in using the service, depending on the verification of the condition of sale, should be in the conditions "technical and functional", therefore, to be able to access the portal and then to participate in the "Social Game" and then navigate easily within the portal. The possibility of receiving the service requires that customers, at their own expense and on their own responsibility, has verified the minimum requirements of the system in order to enjoy.
As an example of example and not exhaustive, therefore, it has the right internet connection (broadband) that there are the system requirements for the PC to view the "Social Game", which has installed the updates of your browser etc... In case of experiences unexpected depended by the system in use, for example, the user will not have any legal right on the product aim by the Social Game.
Each user expressly agrees that the use of EmbyGames is at your own risk.
EmbyGames does not guarantee that any results can be obtained with the use of the site.
EmbyGames can not guarantee continuous access to the service: although applies every reasonable effort to maintain it uninterrupted, can not guarantee it and makes no promise or warranty (express or implied) about the availability of services. In the event that the game closes irregularly, EmbyGames will do its best to notify the user that the Event itself is terminated irregularly as soon as possible, working to identify and correct the problem. After a technical error, depending on the type of error that occurred, EmbyGames has the right to reopen the game from the same point where it was interrupted for the correct continuation of the participation by all users ot to restart the game from the beginning.

6. Testimonials

The user acknowledges that any testimony that will release after winning a game will be released to EmbyGames agreeing to cede (for the sole purpose of testimony) any law relating to the same image, video, interview or the information that they intend to share. As of now, also, the user expressly acknowledges and agrees that its personal pictures, personal videos, personal interviews and all personal informations related to the testimony may be used by EmbyGames for advertising and marketing on social networks, on third portals and on the web in general. At any time, the user will have full title to remove and/or modify the testimony from the site or from all related channels.

7. Amendment of the General Conditions of Sale (General Terms of Use)

Where these General Terms of Use and/or General Condition of Sale would need changes or regulations adjustments will be the responsability of the Seller/Portal to update them in real-time posting it on the site. In the case of orders placed prior to the change in the terms (unless otherwise agreed in the legislation) these will be applied and implemented in the previous conditions.
If any arrangement, an article or part of it, (present or future) would become wholly or partly invalid and/or ineffective or omissions are present inside the General Conditions of Sale, the remaining provisions will remain valid, effective and producing results.

EmbyGames reserves the right to update and/or modify this Disclaimer and the General Conditions of Sale without providing any notice to the consumers, surfer, users or participants. In fact it will be their duty to keep themselves update and informed on any changes and/or updates of those present Disclaimer and General Conditions of Sale.

It is understood that the "Parties" will evaluate amicably how to resolve any problems arising.

8. Disputes and applicable legislation

As already said whenever an arrangement, an article or part of it (present or future) become wholly or partly ineffective or omissions are present inside provisions will remain valid, effective and invalid and/or the General Conditions of Sale, the remaining producing results.
The user will have to always refer, to the current version, the text of the General Conditions of Sale and/or General Condition of Use published at the time of consultation or at the time of the Purchase Order.
Claims of any kind can be presented to the post support@embygames.com

ANY dispute between the Client/Buyer and Seller are reserved to the Maltese jurisdiction.
All Claims arising or relevant to such terms will be contested exclusively in front of the Maltese’s Court accepting, with the present contract, expressly this fee.
In addition to the present General Conditions of Sale or General Condition of Use may exclude the application of the UN Convention on the International Sale of Goods

9. Potential connections to external links

The portal could offer connection to external links. The user acknowledges and agrees that the Owner/Seller cannot be in any way responsible for the operation of such external sites or resources as well as contents inserted.

10. Intellectual Property

General Conditions of Sale and/or General Condition of Use

These General Conditions of Sale and/or General Condition of Use are considered intellectual property of EmbyGames protected by existing laws regarding the copyright. It is not permitted its use by third parties, even partially, for commercial purposes. Any violations of this will be prosecuted civilly and criminally.

These Conditions are updated on these date: January 11th, 2016

EmbyGames


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