1. ABOUT THIS AGREEMENT
1.1 This Agreement is a contract between you and The Indietopia Games Store (Indietopia Games, Groningen), (we will further call ourselves “TIGS”) and applies to tigs.eu, store.indietopia.org, your TIGS user account, any games or videos or other content which you purchase or access via us, TIGS customer and technical support and other services we provide to you (further called “TIGS services”).
1.2 When we’re talking about games, in-game content, virtual items or currency or other content which you can purchase or access via TIGS services, we’ll further call them “TIGS content”.
1.3 TIGS works with trusted partners, developers and publishers, payment providers, customer service software providers and others (“Partners”) – more on them later in this Agreement.
1.4 If you are under 18 (or whatever is the age of adulthood in your country), 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). Legally, children below 13 cannot have a TIGS account (but their parents/guardians are welcome to sign up themselves).
2. USING TIGS.EU STORE.INDIETOPIA.ORG AND TIGS CONTENT
2.1 We give you and other TIGS users the personal right (known legally as a ‘licence’) to use TIGS services and to download and/or stream (depending on the content) and use TIGS 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 or install TIGS content, 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.
3. TIGS ACCOUNTS
3.2 Your TIGS account and TIGS 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 this set of terms and conditions.
4. SYSTEM REQUIREMENTS
4.1 Because tigs.eu gives you access to many different games created at different times, we cannot give you one set of system requirements for all TIGS services or TIGS content.
4.2 What we can tell you is that using any TIGS game will require an appropriate operating system (please refer to the relevant TIGS product page) with all service packs and important updates installed on it. All TIGS games should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications shown on the TIGS product page. TIGS games are not tested on virtual machine software and therefore we do not support playing through them.
4.3 If you have questions about system requirements, please contact us at here.
5. PAYING FOR TIGS CONTENT
Paying for TIGS content
5.1 After you decide that you like a TIGS game, or other TIGS content, you usually will need to pay for it before you can access it. You can pay in different ways: (i) using a valid debit or credit card; or (ii) using PayPal or any other authorised payment providers. Keep your payment details secure.
5.2 When you use a payment method to buy TIGS content, we’re relying on your promise that you’re able to use that method. You are responsible for any purchases made using your TIGS 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. If you are not of legal age in your country, your legal guardian needs to approve any purchase you make.
5.3 You always pay for TIGS content in Euros (EUR). 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.
5.4. All prices are visible in the product catalogue page. They’re inclusive of legally applicable sales taxes/VAT.
5.5 By purchasing TIGS content you agree that you have bought them online in the Netherlands, Europe and therefor pay the amount of VAT that is applicable for consumers in the Netherlands (21%). If you are an entrepreneur, you may be able to get that VAT back through your local fiscal department if your purchase was a business purchase. Consult your local fiscal department if this is possible, and if so, how to do this.
6. REFUNDS AND RETURNS
Statutory refund rights
6.1. 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 TIGS content within 14 days of your purchase, without giving a reason. However, this does not apply where you have expressly consented to the performance of the TIGS content (which is digital content) beginning immediately upon conclusion of the purchase process and have acknowledged the loss of your withdrawal rights.
6.2. Neither this nor any other part of this User Agreement affects your statutory rights.
Our Voluntary Returns Guarantee
6.3. We understand that sometimes a purchase doesn’t turn out how you expected and we want to be fair to TIGS users. We do this in the following manner:
- a) Early Exchange: you can exchange validly purchased TIGS content for a replacement TIGS game of equal or lower value if your request is made within 30 days of the original purchase, provided the original TIGS content has not been downloaded, used or streamed. (For TIGS content purchased during sales or discount periods, the discounted price applies.) You can exchange specific TIGS content once only. You can’t exchange TIGS content you received as an exchange for other TIGS content.
- b) Money back guarantee: if you buy any TIGS content and have significant technical issues with it (e.g. there is a major show stopper bug in a game that prevents you from finishing it), we will give you a full refund if all the following requirements are met:
- (i) You must have genuine significant technical issues with the TIGS content and may be asked to provide proof of this (i.e. a screenshot, photo or video of the technical issue).
- (ii) TIGS Support must have a reasonable time period in which to try to resolve the issue before they process the refund to you.
- c) Withdrawal Right: we give you the right to withdraw from a purchase of TIGS content without charge and for any reason within 30 days after you bought that TIGS content, IF it has not been downloaded, streamed, activated or used in any way before then. If any of those things happen then your withdrawal right is lost.
- d) Final sale: a sale is considered final either 30 days after purchase or when you try to download the TIGS content or any additional/bonus content. Once either of those happens, you no longer will have any return, exchange or refund options unless you have technical issues covered by paragraph (c) above.
7. VIRTUAL ITEMS AND VIRTUAL CURRENCY
7.1 With certain TIGS 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 TIGS content (which will prevail over these rules).
7.2 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 TIGS 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).
7.3 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 tigs.eu or TIGS 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.
8. PATCHES, UPDATES AND CHANGES
8.1 Occasionally we may need to patch or update TIGS services or TIGS content (for example to add or remove features or to resolve software bugs). We need these rights in order to keep tigs.eu running efficiently. Our Partners may use TIGS services to roll out patches or updates for applicable TIGS content.
From time to time we may need to patch or update how TIGS services or content work.
9. OWNERSHIP OF TIGS.eu AND INTELLECTUAL PROPERTY RIGHTS
9.1 TIGS 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. TIGS 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 TIGS services or TIGS content except as explained in this Agreement.
9.2. TIGS respects the intellectual property rights of others.
10. RULES FOR USING TIGS SERVICES
10.1 Please follow these rules regarding the TIGS services and TIGS 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 TIGS Services. Here are the rules:
- (a) Only use TIGS services or TIGS content for your personal enjoyment (for example, don’t use them to make money or for political purposes).
- (b) Regarding TIGS 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 TIGS content rights holder allows you to do (TIGS 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 TIGS content.
- (c) Regarding TIGS services (which includes TIGS software), unless you have prior TIGS 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 TIGS data/software without any need for reverse engineering or similar techniques.
- (d) Don’t hack, harm, grief, interrupt or misuse TIGS services or TIGS content, TIGS Users or TIGS 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 TIGS services in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between TIGS or its partners and TIGS services and/or any unauthorised third party programs that collect information about TIGS Services).
- (f) Don’t interfere with the TIGS or third party network software or other software including via tunnelling, code injection, modifying or changing TIGS software, using any other similar software together with TIGS services or TIGS content, through protocol emulation, or through creation or use of private servers regarding TIGS services or TIGS content. Do not access or attempt to access areas of tigs.eu, Indietopia.org, or TIGS 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 discriminating, offensive or illegal.
- (h) Don’t share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate TIGS accounts. TIGS keys/codes can only be gifted or transferred or used in the ways permitted by TIGS.com. 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 TIGS.
- (j) We ask you not to do anything in connection with TIGS 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.
11. FEEDBACK OR SUGGESTIONS
11.1 You’re welcome to give us feedback and suggestions to improve TIGS services and we really value them all. However, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.
12. USING TIGS CONTENT IN FAN WORK
12.1 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 TIGS content is the property of the respective owner, not TIGS’.
13. THIRD PARTY CONTENT AND EXTERNAL SERVICES
13.1 You might get links to third party websites or content through TIGS services. Using them is up to you – we can’t promise they will work, what they’ll be like or if they’re free.
14. WARRANTIES AND LIMITATION OF LIABILITY REGARDING TIGS SERVICES
14.1 We warrant that: (i) we have the right to enter this Agreement and to grant you the licence to use TIGS services in section 2.1; and (ii) we will take reasonable care with the TIGS 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.
14.2. 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 TIGS 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.
14.3. We work hard to try to make TIGS 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 TIGS content. We are also not responsible for anything that happens to tigs.eu, Indietopia.org or TIGS services which is outside of our control.
15.1 Your right to terminate the Agreement. You may terminate this Agreement at any time and without giving any reason by completely ceasing to use TIGS Services. If you would like us to delete your account please contact our Support Team here or see and remove your account details here. Termination will not affect already existing rights or obligations of us or you.
15.2. Our right to terminate the Agreement. If you materially breach this Agreement, we reserve the right to suspend or cancel your access to TIGS services and TIGS content. By material breach of the Agreement we mean a serious breach which could cause significant harm to TIGS, TIGS users, as well as, in particular breach of the provisions of section 10 above. If we suspend or cancel your access to TIGS services or TIGS 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.
15.3 It seems very unlikely, but if we have to stop providing access to TIGS services and TIGS content permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting an update on tigs.eu and sending an email to every registered users – during that time you should be able to download any TIGS content you purchased.
16. FORCE MAJEURE
16.1 Neither you, nor us, will be liable for any failure to perform any obligation under this Agreement or to provide access to TIGS services and TIGS 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, act of God(s), or other scientifically inexplainable disasters or interventions.
17. GOVERNING LAW
17.1 You and we agree that your use of TIGS services and TIGS content and this Agreement will be governed by and interpreted according to the laws of the Netherlands, and that any dispute regarding this Agreement will be heard non-exclusively by the courts of the Netherlands. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses
17.2. 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.
18. CUSTOMER SUPPORT AND DISPUTE RESOLUTION
18.1 If you have concerns, claims or issues with us, we hope we can resolve them quickly and amicably at here. We will make reasonable and good faith efforts to resolve any dispute between us informally. We undertake to answer to any claim within 14 days.
18.2 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
18.3. If you live in the rest of the world (but not the EU) then please contact us here.
19. OTHER LEGAL STUFF
19.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
19.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.
19.4 Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.
19.5 If there is a reorganisation, sale or merger of tigs.eu or Indietopia, we may need to work with relevant third parties to transfer or merge your TIGS account.
20. CHANGES TO THIS AGREEMENT
20.1 We may change this Agreement if it’s necessary e.g. for legal reasons or to reflect changes in TIGS services, TIGS content or a change in business strategy. If so, we will make the changed Agreement available online here. We will e-mail registered TIGS users when we do.
20.2 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 here if you have specific questions about the changes.
20.3 If you don’t agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using TIGS services and TIGS content. We’re sorry we have to say that, but we hope you’ll appreciate that for tigs.eu and store.indietopia.org 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.
21. OUR CONTACT DATA
21.1. If you have any complaint concerning your purchase, or simply you would like to contact us, here are our contact details:
Name: Indietopia Games V.O.F.
Office: Lübeckweg 2, 9723 HE, Groningen, the Netherlands
Dutch Chamber of Commerce Number: 62262378
Registration Number: 000031288197
Tax number VAT ID (BTW): NL854734028B01
Last updated: June 13th 2018
- June 13th 2018: Created this document.