Terms of Sale
You should carefully read the following terms of sale (“Terms of Sale“). By placing an order to purchase a product and/or a service you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.
For any purchases of digital content, such as software which is not supplied on a tangible medium, game subscriptions, digital in-game items, , and/or services, such as value-added services (“Services”), the “Terms of Sale for Digital Content and Services” under section A apply.
For any purchases of physical products, such as software which is supplied on a tangible medium, apparel and/or any other physical merchandise product (“Physical Product”), the “Terms of Sale for Physical Products” under section B apply (coming soon).
Section A – Terms of Sale for Digital Content and Services
- Subscriptions. The duration of a game subscription will depend on the subscription period you have chosen. In order to avoid any interruption of the use of the Digital Content, your subscription may set to renew automatically as agreed when purchased, for the same subscription period that you have chosen. You may cancel your subscription anytime by clicking the “Cancel” button on your account management page before the current subscription period expires. However, you will be able to use the Digital Content until the current subscription period ends. Note that there are no refunds if you decide to terminate your subscription early as the Digital Content will be available for your use until the subscription period ends. Big Picture Games reserves the right, at its sole discretion, to modify the amount of the subscription fees. In such an event, Big Picture Games will send you an email notification at least thirty days before the price modifications are made. With the notification, we will remind you that your continued use after the end of your current subscription period means that you accept the new subscription fees. However, the new price will only be applicable to you from the date of your automatic subscription renewal. If you disagree with those price modifications, you may cancel your subscription by clicking the “Cancel” button on the first page of your account management page before the subscription period with the modified price starts. Please note that your cancellation has to be made before the price changes come into force, otherwise you will be deemed to have accepted those modifications.
- Prices and payment. Prices include any applicable value-added tax, state and/or provincial sales tax. Digital Content and Services are sold to you on a prepayment basis. Payment is due immediately with the order and in case of an automatic renewal of a subscription at the beginning of the new subscription period. Different payment methods indicated during the ordering process, such as credit card or direct, will be available to you. For the use of any third-party payment and billing provider, such as PayPal, that provider’s additional terms and costs may apply.
- Revised terms. We may, from time to time, change, modify or update these Terms of Sale and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review the Terms of Sale before any purchase.
- Big Picture Games Ltd. No Refund Policy for Darkfall: Rise of Agon. Darkfall: Rise of Agon is a next generation Massively Multiplayer Online Role Playing Game (MMORPG). As an MMO there can be no guarantee of refunds for downloaded games. We will not offer any guarantee of refunds for purchases made online. Any retail refunds would be at the sole discretion of the retailer where the game is purchased. As outlined in the End User License Agreement (“EULA”) that accompanies Darkfall: Rise of Agon, your license to play Darkfall: Rise of Agon is non-refundable and non-transferable. The unique "Serial Key" accompanying each copy of Darkfall: Rise of Agon used to activate your copy of Darkfall: Rise of Agon is also non-transferable. In addition to the above, the following terms apply to pricing of and payment for Darkfall: Rise of Agon. The price for Darkfall: Rise of Agon is subject to change at any time without notice. Charges for shipping, handling and tax may not be included in displayed prices for Darkfall: Rise of Agon but will be displayed during the purchase process, although such displayed prices may not include all taxes, duties, and other fees that you may be obligated to pay to applicable government authorities. Shipping and handling charges displayed on our web site may or may not reflect the actual charges paid by Big Picture Games Ltd.. All war-risk, marine, or other insurance; harbor charges; tolls; wharfage; demurrage; wharf handling; duties, or warehousing charges are excluded from prices displayed on our web site and are your responsibility. You may be obligated under applicable local law to pay additional import duties and fees.
- Governing law and place of jurisdiction. The Terms of Sale shall be governed by and construed in accordance with Canadian law, excluding its conflicts of law rules and excluding the UN Convention on Contracts for International Sale of Goods.
- Place of jurisdiction. To the fullest extent permissible under applicable law, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale shall be the courts of the province of Ontario, Canada.