Hello, KeyChe user! We hope you have a great time playing games and doing other cool things via KeyChe.com. We’ve put a lot of work into building KeyChe.com and as a result we need to have some rules about how you can access and use KeyChe services. So, we’ve put this Agreement together as simply as we legally can. However, please be aware that the full text wording is what is important/binding legally.
1. ABOUT THIS AGREEMENT
1.1 This Agreement is a contract between you and 27 Chapters Inc., P.O. Box: 33964, Dubai, United Arab Emirates and applies to www.KeyChe.com, your KeyChe user account, the KeyChe Downloader, any games or other content which you purchase or access via KeyChe.com, the KeyChe web forums, KeyChe customer and technical support and other services we provide to you (we’ll just call all this “KeyChe services” for short).
1.2 If you’re over 18, then welcome to KeyChe.com! If you’re between 13 and 18 (or whatever is the age of adulthood in your country), 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). Legally, children below 13 cannot have a KeyChe account (but their parents/guardians are welcome to sign up themselves).
2. USING KEYCHE.COM AND KEYCHE CONTENT
2.1 We give you and other KeyChe users the personal right (known legally as a ‘licence’) to use KeyChe.com to download and/or stream (depending on the content) and use KeyChe content and other KeyChe services. 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 KeyChe 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.
3. KEYCHE ACCOUNTS
3.2 Your KeyChe account and KeyChe content are personal to you. You can gift KeyChe games to other people (up to a limit of 5 per day and provided the recipient doesn’t already own the KeyChe game/video being gifted) however this might differ on a case by case basis, but you can’t sell them or charge money for them.
4. SYSTEM REQUIREMENTS
4.1 Because KeyChe.com gives you access to many different games created at different times, we cannot give you one set of system requirements for all KeyChe services or KeyChe content.
4.2 What we can tell you is that using any KeyChe game will require an appropriate operating system (please refer to the relevant KeyChe product page). All KeyChe games should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications shown on the KeyChe product page. KeyChe games are not tested on virtual machine software and therefore we do not support playing through them.
4.3 Just so we’re clear, you are responsible for making sure you have sufficient Internet access to download purchased KeyChe games from us and that your system can play KeyChe games.
5. PAYING FOR KEYCHE CONTENT AND GETTING REFUNDS
PAYING FOR KEYCHE CONTENT
5.1 Surprise surprise, after you decide that you like a KeyChe game or other KeyChe 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 or any other authorised payment providers. Keep your payment details secure.
5.2 When you use a payment method to buy KeyChe content, we’re relying on your promise that you’re able to use that method. You are responsible for any purchases made using your KeyChe account or payment method. Kids – your parent or guardian needs to approve any purchase you make.
5.3 You can always pay for KeyChe content in US Dollars. However if you happen to live in countries, where Pounds Sterling, Euros, Australian Dollars or Russian Roubles are used, 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.
REFUNDS AND RETURNS
5.7 We understand that sometimes a purchase doesn’t turn out how you expected and we want to be fair to KeyChe users. So here’s our deal with you:
a) Preorders Refund: if you preorder and pay for a KeyChe game, you can cancel the preorder and get a full refund as long as we receive a valid request before the game’s full release date on KeyChe.com.
b) Early Exchange: you can exchange validly purchased KeyChe content for a replacement KeyChe game of equal or lower value if your request is before delivery of the product (it has a pending status). You can exchange specific KeyChe content once only. You can’t exchange KeyChe content you received as an exchange for other KeyChe content.
c) Money back guarantee: if you buy any KeyChe 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 KeyChe content.
(ii) You need to contact KeyChe Customer Support to request the refund within 30 days of the original purchase (if you received it from a KeyChe-authorised exchange for another product, then the 30 day period starts running from the date of exchange).
(iii) KeyChe Customer Support must have a reasonable time period in which to try to resolve the issue before they process the refund to you.
d) Withdrawal Right: we give you the right to withdraw from a purchase of KeyChe content without charge and for any reason within 30 days after you bought that KeyChe content, IF it has not been delivered (status is pending), downloaded, streamed, activated or used in any way before then. If any of those things happen then your withdrawal right is lost.
5.8 Final sale: a sale is considered final either in the moment that the status of the order changes to completed/delivered or when you try to download the KeyChe 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.
STORE CREDIT AND BONUS CODES
5.9 In some situations we may be able to offer you a credit to your KeyChe account which you can redeem against KeyChe purchases (we’ll call this “Store Credit”). We may also issue time-limited bonus codes which give you free or reduced price access to KeyChe content (we’ll call them “Bonus Codes”).
5.10 If you receive Store Credit or Bonus Codes when you buy KeyChe content but later decide to return that KeyChe content, then we think it’s fair for you to return the Store Credit or Bonus Codes too. Therefore, we will: (i) remove from your KeyChe account any unused Store Credit which you received because of that KeyChe content; (ii) if you have used any of that Store Credit to purchase other KeyChe content, then we will deduct the amount of that used Store Credit from your refund; and (iii) for Bonus Codes, we will terminate it or, if it has been redeemed for a KeyChe game, that game will be removed from your account.
5.11 Other legal rules applying to Store Credit and Bonus Codes: Store Credit and Bonus Codes do not constitute electronic money of any kind. Store Credit and Bonus Codes are non-refundable and non-transferable. Store Credit and Bonus Codes have no cash value and are not exchangeable for cash. Store Credit and Bonus Codes do not constitute personal property rights, have no value outside KeyChe.com and can only be used to purchase KeyChe content. Store Credit and Bonus Codes that are deemed unclaimed property may be turned over to any applicable authority. Store Credit is valid for one year from the most recent purchase that gave you Store Credit (so any new purchase resulting in you getting Store Credit will refresh the expiration date of your Store Credit balance). KeyChe.com may implement additional rules on the use and amount of Store Credit and Bonus Codes in the future.
5.12 KeyChe uses very complex algorythms to verify your transaction regarding the fraud risk. If anything is suspicious to our sales team we can extend the delivery period by up to 60 days. If the order wasn’t delivered we can cancel and refund the transaction without providing any reason. The issued refund will be reduced by 1 EUR as a cancellation fee. Regarding the refund policy we can block users account for further investigations without delivering the orders.
5.13 In some cases KeyChe can lift the fraud risk score by asking the KeyChe users to provide additional documents like Photo ID and utility bills.
5.14 KeyChe doesn’t deliver to orders made from and to United Arab Emirates and some other countries like Libya, Lebanon, Somalia, Belarus, Iraq, Yemen, Myanmar (formerly Burma), Liberia, Zimbabwe, Balkans, the Cote D’Ivoire (formerly Ivory Coast), Crimea Region of the Ukraine, Cuba, Iran, North Korea, Syria.
6. PATCHES, UPDATES AND CHANGES
6.1 Occasionally we may need to patch or update KeyChe services or KeyChe content (for example to add or remove features or to resolve software bugs). We need these rights in order to keep KeyChe.com running efficiently.
7. OWNERSHIP OF KEYCHE.COM AND INTELLECTUAL PROPERTY RIGHTS
7.1 KeyChe 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. KeyChe 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 KeyChe services or KeyChe content except as explained in this Agreement.
8. WHAT YOU CAN’T DO WITH KEYCHE SERVICES
8.1 Please follow these rules regarding the KeyChe services and KeyChe content:
(a) Only use KeyChe services or KeyChe content for your personal enjoyment (for example, don’t use them to make money).
(b) Regarding KeyChe 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 KeyChe content rights holder allows you to do (KeyChe 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 KeyChe content.
(c) Regarding KeyChe services (which includes KeyChe software), unless you have prior KeyChe 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 KeyChe data/software without any need for reverse engineering or similar techniques.
(d) Don’t hack, harm, grief or misuse KeyChe services or KeyChe content.
(e) Don’t create or use cheats, exploits, automation software (aka ‘bots’) or other software or do anything else to give you an unfair competitive advantage regarding KeyChe services or KeyChe content (or try to circumvent or harm software meant to stop these things).
(f) Don’t interfere with the KeyChe or third party network software or other software including via tunnelling, code injection, modifying or changing KeyChe software, using any other similar software together with KeyChe services or KeyChe content, through protocol emulation, or through creation or use of private servers regarding KeyChe services or KeyChe content
(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!
9. USER GENERATED CONTENT
9.1 This section is about content (e.g. text, photos or links) which you make available either to us or to other KeyChe users via KeyChe services (for example through your profile picture or through messages to other KeyChe users). We’ll call this “User Generated Content”.
9.2 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 KeyChe 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 KeyChe services.
9.3 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.
10. FEEDBACK OR SUGGESTIONS
10.1 You’re welcome to give us feedback and suggestions to improve KeyChe 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.
11. USING KEYCHE CONTENT IN FAN WORK
11.1 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 KeyChe content is the property of the respective owner, not KeyChe.com’s.
12. THIRD PARTY CONTENT AND EXTERNAL SERVICES
12.1 You might get links to third party websites or content through KeyChe 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.
12.2 You can also use your KeyChe account to get easy access to some external, KeyChe approved partner services.
13. WARRANTIES AND LIMITATION OF LIABILITY REGARDING KEYCHE SERVICES
13.1 We warrant that: (i) we have the right to enter this Agreement and to grant you the licence to use KeyChe services in section 2.1; and (ii) we will take reasonable care with the KeyChe 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.
13.2 We work hard to try to make KeyChe 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 KeyChe content. We are also not responsible for anything that happens to KeyChe.com or KeyChe services which is outside of our control. However, don’t forget you may be entitled to KeyChe content return and refund if it has technical issues see section 6.6(c).
14.1 We may cancel or suspend your access to KeyChe services and KeyChe content if you materially breach this Agreement. We’ll try reasonably to contact you to explain why we’ve done this and what (if anything) you can do as a result. It seems very unlikely, but if we have to stop providing access to KeyChe services and KeyChe 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 www.KeyChe.com and sending an email to every registered users – during that time you should be able to download any KeyChe content you purchased.
14.2 If we cease providing KeyChe services or KeyChe content, or if your use of them is cancelled or suspended because of your breach, then we will not have any future obligations to you – including to offer refunds or payments.
15. FORCE MAJEURE
15.1 Neither you nor us will be liable for any failure to perform any obligation under this Agreement or to provide access to KeyChe services and KeyChe 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.
16. GOVERNING LAW
ANY LEGAL QUESTIONS/COMPLAINTS/ CLAIMS REGARDING THIS AGREEMENT ARE UNDER UNITED ARAB EMIRATES LAW AND JURISDICTION.
16.1 You and we agree that your use of KeyChe services and KeyChe content and this Agreement will be governed by and interpreted according to the laws of the United Arab Emirates and that any dispute regarding this Agreement will be heard exclusively by the courts of the United Arab Emirates. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
17. OTHER LEGAL STUFF
17.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
17.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.
17.4 Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.
17.5 If there is a reorganisation, sale or merger of KeyChe.com then we may need to work with relevant third parties to transfer or merge your KeyChe account.
18. CHANGES TO THIS AGREEMENT
18.1 We may change this Agreement if we think it’s necessary, e.g. for legal reasons or to reflect changes in KeyChe services or KeyChe content. If so, we will make the changed Agreement available online and (if you have a KeyChe account) email you to let you know about the changes.
18.2 Once we change the Agreement, it will become legally binding on you a reasonable time period after we post it online (we believe 30 days will normally be reasonable). During that period, you’re welcome to contact us at [email protected] if you have specific questions about the changes.
18.3 If we don’t hear from you before the end of that time period, the changes will automatically become binding on you. If you don’t agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using KeyChe services and KeyChe content. We’re sorry we have to say that, but we hope you’ll appreciate that for KeyChe.com 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.
18.4 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 KeyChe.com!
Last updated on May 20, 2015