Hello, GOG user! We hope you have a great time playing games and doing other cool things via GOG.com and GOG Galaxy. We've put a lot of work into building GOG.com and GOG Galaxy and as a result we need to have some rules about how you can access and use GOG services. So, we've put this Agreement together as simply as we legally can, with some short summaries to help you understand what it means. However, please be aware that the full text wording is what is important/binding legally.
LEGALLY BINDING VERSION
1. ABOUT THIS AGREEMENT
1.1 This Agreement is a contract between you and GOG sp. z o.o., ul. Jagiellońska 74, 03-301 Warsaw, Poland (we will further call ourselves “GOG”) and applies to www.GOG.com, your GOG user account, the GOG Downloader, GOG Galaxy, any games or videos or other content or services which you purchase or access via us, the GOG web forums, GOG customer and technical support and other services we provide to you (we'll just call all this “GOG services” for short).
This agreement explains how you can access and use GOG services, like GOG.com, GOG Galaxy or GOG games and video content.
1.3 GOG works with trusted partners, including our related company CD PROJEKT S.A., developers and publishers, payment providers, customer service software providers and others (“Partners”) – more on them later in this Agreement.
1.4 If you're over 18, then welcome! If you're between 16 and 18, 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). If you’re not 16 yet you cannot have a GOG account or use the GOG services because legally we cannot handle personal data of children without a special parental or guardian’s permission (but your parents/guardians are welcome to sign up themselves).
If you are not yet 18 years old you need parental/ guardian approval to use GOG services. We know it sounds kind of silly – no, no – it is not our invention, but actually a legal requirement.
2. USING GOG SERVICES AND GOG CONTENT
2.1 We give you and other GOG users the personal right (known legally as a 'licence') to use GOG services and to download, access and/or stream (depending on the content) and use GOG content. This licence is for your personal use. We can stop or suspend this licence in some situations, which are explained later on.
You have the personal right to use GOG content and services. This right can be suspended or stopped by us in some situations.
2.2 When you buy, access or install GOG 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.
GOG games might have extra EULAs (End User Licensing Agreement) for you to accept.
2.3 With GOG videos, you can also stream purchased video content or download it to watch the way you want.
As for the video content, stream or download it and watch the way you want.
2.4 Using certain third party scripts is recommended for your full use of GOG functionality and, although that usage is optional, we cannot promise full service performance without them.
You can (optionally) use certain third party scripts to improve website performance – don’t worry, we don’t mean anything fiendish here! Just regular website scripts.
2.5 A quick word about GOG Galaxy, which is our (optional) online service which not only allows you to buy and access GOG content but also provides online multiplayer and other cool game features like achievements, chat and game-time tracking. You can learn more about it here.
You can use GOG Galaxy, which is optional and contains cool features like online multiplayer!
3. GOG ACCOUNTS
3.2 You can use your GOG account to set up a public profile accessible by other people. You can also use your GOG account to connect with other GOG users. Please act sensibly and remember you are responsible for your own actions
Your GOG account will have a public profile and you can communicate with other GOG users. Be sensible and careful!
3.3 Your GOG account and GOG 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 GOG’s rules which are set out here, as updated or amended when necessary.
Your GOG account and content are for you only – there are rules about how to use them (see opposite).
4. SYSTEM REQUIREMENTS
4.1 Because GOG gives you access to many different services and games created at different times and via different platforms, we cannot give you one set of system requirements for all GOG services or GOG content.
Please make sure your computer and Internet connection are good enough to use GOG services and play GOG games and videos.
4.2 What we can tell you is that using any GOG game will require a computer, equipped with a mouse and keyboard (touchscreen controls are not supported), with an appropriate operating system (please refer to the relevant GOG product page) with all service packs and important updates installed on it. All GOG games should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications shown on the GOG product page. GOG games are not tested on virtual machine software and therefore we do not support playing through them.
4.3 For GOG videos, please make sure your video player supports the videos’ format specified in the GOG product page.
4.4 If you have questions about system requirements, please contact us here. Just so we're clear, you are responsible for making sure you have sufficient Internet access to download purchased GOG games or GOG videos from us or to stream GOG videos and that your system can play GOG games and watch GOG videos.
5.1 As GOG develops, we may offer you optional access to 'beta' versions of GOG software or services (e.g. new versions of the GOG Galaxy client made available prior to its general release) or GOG content (more on that later)
We may offer beta access to new releases of GOG software or services. Beta versions aren't complete and we're not responsible for what happens while you're using them. Fear not, they should not blow up your computer!
Here are the rules:
- a) We (or any applicable publisher/partner) will set the conditions and requirements for your beta access. Providing and maintaining a beta, and who can use a beta, is at our discretion.
- b) You may be required to go through a registration process or other requirements to access the beta (and this may include you meeting eligibility criteria).
- c) Betas will be time-limited and there may be extra contract requirements.
- d) The beta may involve temporary or permanent server/progress/content wipes, resets or amendments.
- e) The beta may be subject to confidentiality restrictions (which will be notified to you in advance if so).
- f) You may be invited to participate in a feedback process regarding the beta – this is totally optional but would be really valued.
- g) The beta is for your use and enjoyment, so you must not sell, loan or otherwise transfer it to anyone else.
- h) The point of you getting beta access is to allow you to try something new, but we would expect you to recognise that it will not be complete yet. Therefore betas will be provided 'as is' without any additional promises from us or any liability on us if it is not complete or does not work fully or causes issues. Betas may not be totally feature-complete and there may be feature changes, modifications or removals during the beta.
We may provide access to GOG content in beta/pre-release form. For example, a publisher/partner may decide to release a game or a part of it in beta, or may join our ‘Games in Development’ program (see section 7.5-7.7. below). Any such GOG content will also be governed by these rules unless the relevant publisher specifies its own rules (which will prevail over these rules).
6. PAYING FOR GOG CONTENT AND GETTING REFUNDS
Paying for GOG content
6.1 Surprise surprise, after you decide that you like a GOG game, GOG video or other GOG 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.
You can use a debit/credit card, PayPal or different local payment methods, to make purchases. Keep your payment details secure.
6.2 When you use a payment method to buy GOG content, we're relying on your promise that you're able to use that method. You are responsible for any purchases made using your GOG 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. Kids – your parent or guardian needs to approve any purchase you make.
You're responsible for your purchases. Kids – do not forget to get parental approval first.
6.3 You can always pay for GOG content in US Dollars. However if you happen to live in countries where your local currency is supported (see our Support section here for details), 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.
You can pay in US Dollars and, depending on where you live, in your local currency (see opposite).
6.4. All prices are visible in the product catalogue page. They’re inclusive of legally applicable sales taxes/VAT.
6.5 GOG offers users a digital account balance called the “GOG Wallet” in connection with your user account, which you can use to make purchases of GOG content. Funds can be added to it in two ways: (i) using your chosen payment method; or (ii) by us as part of our ‘Free Wallet’ program (see below). The GOG Wallet is made available subject to rules which are set out on our GOG Wallet page here.
We offer you a ‘GOG Wallet’ which you can use to make purchases. See more details opposite.
Free Wallet and Bonus Codes
6.6 In some situations we may be able to offer you a credit to your GOG account which you can redeem against GOG purchases (we’ll call this “Free Wallet”). For example, as we explain in section 6.9 we may offer GOG Wallet funds in connection with our Fair Pricing policy in some situations. We may also issue time-limited bonus codes which give you free or reduced price access to GOG content (we’ll call them “Bonus Codes”).
In some case we can add ‘Free Wallet’ amount to your GOG Wallet (see opposite sections).
6.7 If you receive Free Wallet or Bonus Codes when you buy GOG content but later decide to return that GOG content, then we think it’s fair for you to return the Free Wallet or Bonus Codes too. Therefore, we will: (i) remove from your GOG account any unused Free Wallet which you received because of that GOG content; (ii) if you have used any of that Free Wallet to purchase other GOG content, then we will deduct the amount of that used Free Wallet from your refund; and (iii) for Bonus Codes, we will terminate it or, if it has been redeemed for a GOG game, that game will be removed from your account.
If you decide to return or exchange GOG content which came with Free Wallet or Bonus Codes, we think it’s fair to ask you to give them back too.
6.8 Free Wallet and Bonus Codes are subject to our GOG Wallet rules (see section 6.5 above) but they have a special rule regarding their duration described on our GOG Wallet page here.
Free Wallet and Bonus Codes are subject to the GOG Wallet rules, but they have a special rule regarding their duration (see opposite).
6.9. We stand by the simple truth that $1 does not equal 1€ - we are trying to apply fair conversion rates. In a perfect world we would apply the same method of pricing to all of the games we offer. However, things are a little bit more complicated, and there are some games in our catalogue that follow a different region-based pricing scheme. However, we wouldn't be GOG.com if we didn't find a way to make it right by the users who end up paying relatively more for such titles. Here's where the Fair Price Package comes in!
We work hard to offer fair pricing. This means, where humanly possible, we will offer you fair pricing for GOG content and if we can’t we will offer Free Wallet out of our own pocket for any difference between what you pay and the US price. Please treat this system sensibly and don't exploit it – that's not cool.
6.10. The Fair Price Package applies to all of the titles which we couldn't include in our standard pricing scheme. If you end up paying more for a game in your local currency than its US price, we'll refund you the difference out of our own pocket. The refunded value will be added to your GOG Wallet in the currency of your purchase. You'll be getting GOG Wallet funds that you can use to purchase anything on GOG.com or partially pay for an item that's more expensive. GOG Wallet funds will be credited to your GOG account in the currency in which you bought the relevant GOG content (e.g. if you bought a game in US Dollars, any GOG Wallet funds regarding it will be in US Dollars). These GOG wallet funds will be subject to our ‘Free Wallet’ special rule on duration (see section 6.7).
6.11. Please treat this system sensibly and don't exploit it (for example by using VPNs or other methods to manipulate how your location appears) – that's not cool.
7. REFUNDS AND RETURNS
Statutory refund rights
7.1. 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 GOG 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 GOG content (which is digital content) beginning immediately upon conclusion of the purchase process and have acknowledged the loss of your withdrawal rights.
If you are EU resident, we are obligated to inform you about a statutory withdrawal right, but still our voluntary policy is better.
7.2. Neither this nor any other part of this User Agreement affects your statutory rights. In particular:
- a) For Australian Users: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure;
- b) For New Zealand Users: Neither this nor any other part of this User Agreement excludes, restricts or modifies the application of any right or remedy that cannot be so excluded, restricted or modified including those conferred by the New Zealand Consumer Guarantees Act 1993. Under this Act are guarantees which include that goods and services are of acceptable quality. If this guarantee is not met there are entitlements to have the software remedied (which may include repair, replacement or refund). If a remedy cannot be provided or the failure is of a substantial character, the act provides for a refund.
In some jurisdictions, you may have statutory rights with regards to your purchase e.g. in Australia or New Zealand (see opposite).
Our Voluntary Returns Guarantee
7.3. We understand that sometimes a purchase doesn't turn out how you expected and we want to be fair to GOG users. So here's our deal with you:
- a) Preorders Refund: if you preorder and pay for a GOG 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 GOG.com.
- b) Early Exchange: you can exchange validly purchased GOG content for a replacement GOG game or video of equal or lower value if your request is made within 30 days of the original purchase, provided the original GOG content has not been downloaded, used, activated or streamed. (For GOG content purchased during discount periods, the discounted price applies.) You can exchange specific GOG content once only. You can’t exchange GOG content you received as an exchange for other GOG content.
- c) Money back guarantee: if you buy any GOG 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 GOG content.
- (ii) You need to contact GOG Customer Support to request the refund within 30 days of the original purchase (if you received it from a GOG-authorised exchange for another product, then the 30 day period starts running from the date of exchange).
- (iii) GOG 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 GOG content without charge and for any reason within 30 days after you bought that GOG 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.
We're happy to offer you preorder refunds, early exchanges and our money back guarantee (in appropriate cases). For more details you really will have to read the wall of text on the left – sorry.
7.4 Final sale: a sale is considered final either 30 days after purchase or when you try to download the GOG 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. Virtual items/currency and GOG Wallet funds are not covered by section 7.3. and we cannot therefore offer voluntary refund, early exchange, money back guarantee or voluntary withdrawal rights regarding them, but still sections 7.1. and 7.2. may apply.
Games in Development
7.5 GOG is releasing games that are still in development (such games are referred to herein as ‘games in development’). This gives you the opportunity to try out new and carefully selected games while they are still unfinished. For more information, see the games in development FAQ.
The games in development really are in development, which means that they are incomplete, may have bugs, errors and other problems. By buying such a game, you accept it ‘as is’
7.6 Just to be clear, these really are games in development: there may well be incomplete features or gameplay bugs, errors and other problems. These games might also never be finished. Ultimately, you have to accept them ‘as is’ without any liability or additional promises from us or the developer. They are classed as ‘betas’ under this User Agreement (see section 5 above).
These games really are betas! Check our rules on betas (in section 5).
7.7 To help out, we have a special return/refund policy for you: we will refund any game in development that you want to return, for any reason, within 14 days of its respective purchase. A few additional points: (a) You will be refunded the original purchase price at the time of your purchase. (b) If you have gifted the game to someone else, you will still be able to obtain a refund BUT the gifted game copy will be disabled. (c) This refund program will be subject to a fair use policy: as long as you use it reasonably, you should be fine. However, if we believe that you are acting unreasonably or are abusing the program, then we reserve the right to refuse to grant you further refunds. (d) This refund replaces all other refund rights which you might otherwise have (e.g. our ‘30 day money back guarantee’), excluding any legally required remedies. (e) A game that comes out of development within 14 days of your purchase shall become subject to our regular ’30 day money back guarantee’, counting from the date of purchase.
If you buy a game in development, you can return it for any reason for a full refund within 14 days of purchase.
8. VIRTUAL ITEMS AND VIRTUAL CURRENCY
8.1 With certain GOG 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 GOG content (which will prevail over these rules).
With some GOG content you can buy virtual items/currency. Opposite are the default rules (unless specific rules apply for specific virtual items/currency).
8.2 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 GOG 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).
8.3 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 GOG or GOG 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.
9. PATCHES, UPDATES AND CHANGES
9.1 Occasionally we may need to patch or update GOG services or GOG content (for example to add or remove features or to resolve software bugs). We need these rights in order to keep GOG.com running efficiently. Our Partners may use GOG services to roll out patches or updates for applicable GOG content.
From time to time we may need to patch or update how GOG services or content work.
10. OWNERSHIP OF GOG SERVICES AND INTELLECTUAL PROPERTY RIGHTS
10.1 GOG 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. GOG 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 GOG services or GOG content except as explained in this Agreement.
We spent years building GOG.com and the GOG services it’s our little baby. It’s the same for the games/videos and their respective creators/publishers. Enjoy it all, but please behave and do not cause trouble.
10.2. GOG respects the intellectual property rights of others. Please read more here.
11. RULES FOR USING GOG SERVICES
11.1 Please follow these rules regarding the GOG services and GOG 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 GOG Services. Here are the rules:
- (a) Only use GOG services or GOG content for your personal enjoyment (for example, don't use them to make money or for political purposes).
- (b) Regarding GOG 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 GOG content rights holder allows you to do (GOG 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 GOG content.
- (c) Regarding GOG services (which includes GOG software), unless you have prior GOG 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 GOG data/software without any need for reverse engineering or similar techniques.
- (d) Don't hack, harm, grief, interrupt or misuse GOG services or GOG content, GOG users or GOG 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 GOG services or GOG content in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between GOG or its partners and GOG services and/or any unauthorised third party programs that collect information about GOG Services).
- (f) Don't interfere with the GOG or third party network software or other software including via tunnelling, code injection, modifying or changing GOG software, using any other similar software together with GOG services or GOG content, through protocol emulation, or through creation or use of private servers regarding GOG services or GOG content. Do not access or attempt to access areas of GOG.com, GOG Galaxy or GOG 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 offensive or illegal. Be nice to each other please!
- (h) Don’t share, ‘buy’, ‘sell’, transfer, gift, lend, steal, misappropriate or misuse GOG accounts. GOG keys/codes can only be gifted or transferred or used in the ways permitted by GOG. 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 GOG.
- (j) We ask you not to do anything in connection with GOG 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.
GOG service and content are here for your personal enjoyment and please use them for this purpose only. For example, don't interfere with or hack GOG services. Don't do or say things which are offensive or illegal.
12. USER GENERATED CONTENT
12.1 This section is about content (e.g. text, videos, photos, images, screenshots, wallpapers or links) which you make available either to us or to other GOG users via GOG services (for example through your profile picture or through messages to other GOG users). We'll call this "User Generated Content".
You own your user generated content used in GOG services. Please make sure it doesn’t breach any third party rights.
12.2 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 GOG services. So, we ask you to give us a non-exclusive, irrevocable licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with GOG services.
12.3 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.
12.4. However, we have the right (but not the obligation) to review and if appropriate or legally necessary to remove any User Generated Content which is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic. If you find that any such content has been posted on GOG services, please let us know by contacting us at email@example.com.
If you find that illegal or inappropriate content has been posted on GOG services, please let us know.
13. FEEDBACK OR SUGGESTIONS
13.1 You’re welcome to give us feedback and suggestions to improve GOG 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.
It’s cool to send us feedback and suggestions about GOG services thank you! But please, don’t be disappointed if we don’t use them or reward you for them.
14. USING GOG CONTENT IN FAN WORK
14.1 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 GOG content is the property of the respective owner, not GOG’s.
If you want to make fan works using GOG content, you will have to find out on your own if that is permitted by the owner and get any necessary legal rights.
15. THIRD PARTY CONTENT AND EXTERNAL SERVICES
15.1 You might get links to third party websites or content through GOG services. Using them is up to you – we can't promise they will work, what they'll be like or if they're free.
You click on a link on GOG.com or GOG Galaxy taking you outside of our little kingdom = we cannot look after you anymore.
15.2 You can also use your GOG account to get easy access to some external, GOG approved partner services, e.g. The Witcher games and sites from our related company CD PROJEKT. They will have their own terms and conditions which you will need to agree and follow. Just to be clear: using these services is all optional and up to you. You have the power!
You can also use your GOG account to access GOG approved external services, like our related company CD PROJEKT’s cool stuff. It’s totally optional though.
16. WARRANTIES AND LIMITATION OF LIABILITY REGARDING GOG SERVICES
16.1 We warrant that: (i) we have the right to enter this Agreement and to grant you the licence to use GOG services in section 2.1; and (ii) we will take reasonable care with the GOG 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.
We make legally binding promises (called 'warranties') about GOG services, for example that we will take reasonable care regarding your use of them.
16.2. 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 GOG 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.
16.3. We work hard to try to make GOG 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 GOG content except where required by law (see 7.1.-7.2 above). We are also not responsible for anything that happens to GOG.com or GOG services which is outside of our control. However, don't forget you may be entitled to GOG content return and refund if it has technical issues see section 7.3 (c).
17.1 Your right to terminate the Agreement. You may terminate this Agreement at any time and without giving any reason by completely ceasing to use GOG services. If you would like us to delete your account please contact our Support Team here. Termination will not affect already existing rights or obligations of us or you.
You can terminate this Agreement by just stopping using GOG services for good.
17.2. Our right to terminate the Agreement. If you materially breach this Agreement, we reserve the right to suspend or cancel your access to GOG services and GOG content. By material breach of the Agreement we mean a serious breach which could cause significant harm to GOG, GOG users, as well as, in particular breach of the provisions of section 11 above. If we suspend or cancel your access to GOG services or GOG 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.
If you seriously breach this Agreement you may lose access to GOG services (temporarily or permanently).
17.3 It seems very unlikely, but if we have to stop providing access to GOG services and GOG 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.gog.com and sending an email to every registered users – during that time you should be able to download any GOG content you purchased.
In the very unlikely situation that we have to stop running GOG we'll do our best to give you advance notice, so that you can download and safely store all your DRM-free content.
18. FORCE MAJEURE
18.1 Neither you nor us will be liable for any failure to perform any obligation under this Agreement or to provide access to GOG services and GOG 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.
If unforeseen events beyond your or our control occur (war, earthquake, gigantic flood, alien attack, Godzilla, etc. ok the last two are jokes), then neither of us will be liable to the other for any obligations which can't be performed.
19. GOVERNING LAW
For users resident in the European Union and elsewhere in the world (but not the USA):
19.1 You and we agree that your use of GOG services and GOG content and this Agreement will be governed by and interpreted according to the laws of the Republic of Poland and that any dispute regarding this Agreement will be heard non-exclusively by the courts of the Republic of Poland. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses
Any legal questions/complaints/claims regarding this Agreement are under Polish law and nonexclusive jurisdiction of Polish courts (for users in the EU and rest of the world, excluding the USA) and Californian law and jurisdiction (for users in the USA only).
19.2. 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.
You always enjoy the protection of the mandatory provisions of the law that are applicable to you as a consumer and which would be applicable in the absence of the choice of law and court.
For users in the USA only:
19.3 You and we agree that your use of GOG services and GOG content, and this Agreement, will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law). Any legal claim by you against GOG.com will be made exclusively in any state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
For users in the USA only Californian law and jurisdiction will be applicable.
20. CUSTOMER SUPPORT AND DISPUTE RESOLUTION
20.1 If you have concerns, claims or issues with us, we hope we can resolve them quickly and amicably. Please contact us 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.
If you live in the EU and have any concerns or issues please contact us here. We hope we can resolve any complaints with you through informal dispute resolution.
20.2 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
20.3. If you live in the USA or the rest of the world (but not the EU) then please contact us at firstname.lastname@example.org.
21. OTHER LEGAL STUFF
21.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
This section sets out a few additional, hopefully self - explanatory rules about how this Agreement works legally.
21.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.
21.4 Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.
21.5 If there is a reorganisation, sale or merger of GOG.com then we may need to work with relevant third parties to transfer or merge your GOG account.
21.6 You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply this Agreement.
21.7 We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of GOG, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.
21.8 If you are a European Union citizen, then please be aware that GOG has enabled cross-border portability on free and paid content pursuant to Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market, but this is subject to any other legal requirements on GOG including regarding IP protection and may also be subject to any requirements of developer and publisher partners of GOG.
22. CHANGES TO THIS AGREEMENT
22.1 We may change this Agreement if it's necessary e.g. for legal reasons or to reflect changes in GOG services or GOG content. If so, we will make the changed Agreement available online and (if you have a GOG account) email you to let you know about the changes
We can change this Agreement but if we do we'll put the changed version online and normally it will take effect a reasonable time period afterwards. We’ll also email you (if you have a GOG account).
22.2 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 at email@example.com if you have specific questions about the changes.
If you have any problems with our changes, please contact us so we can talk to you. Don't just ragequit on us!
22.3 If you don't agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using GOG services and GOG content. We're sorry we have to say that, but we hope you'll appreciate that for GOG services 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.
22.4 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 GOG services!
23. OUR CONTACT DATA
23.1. If you have any complaint concerning your purchase, or simply you would like to contact us, here are our contact details:
Name: GOG sp. z o.o.
Registered Office: Ul. Jagiellońska 74, 03-301 Warsaw, Poland
Registered at the District Court for Warsaw, 13th Commercial Division of the National Court Register
Registration Number 0000029514
Tax number VAT ID (NIP) PL 113-21-77-807
Share capital: PLN 135.750,00 PLN
E-mail: here or firstname.lastname@example.org
On the left you can find our contact details, in case you have any complaint concerning your purchase or simply you would like to reach us.
24. OTHER INFORMATION
24.1. For any legal or other matters regarding GWENT (which is developed and published by CD PROJEKT RED but distributed on PC by GOG) then please review the Gwent User Agreement, which has priority over and supersedes this User Agreement regarding GWENT matters.
Last updated: 30th September 2018
(in effect from October 23rd, 2018)