“LCO RACING - LAST CAR OUT” TERMS OF USE

“LCO RACING - LAST CAR OUT” is a game developed and commercialised by Gofra Games, S.L. with address in Calle d’Olivella número 17, Planta 1ª Puerta 2ª, 08870 Sitges (Spain), registered in the Mercantile Chamber of Barcelona, sheet 181, book 47.315, sheet number B-548.305 and with tax identification number B-67.603.068 (hereinafter, "Gofra", "we", "our" and "us").

Gofra can be contacted by e-mail at: hello@gofragames.com

1. Introduction & acceptance of the Terms

1.1 The LCO Racing - Last Car Out terms of use (hereinafter, "Terms") are the agreement that govern the relationship between you (hereinafter, “you” and “User”) and Gofra in relation to our game "LCO Racing - Last Car Out "; any other Gofra's games, applications or software containing link to these Terms; and any service provided in relation to the Game, including but not limited to customer support (hereinafter the "Game" and “Service”).

1.2 These Terms set forth the terms and conditions that apply to download, install, access and/or use the Game, whether from a computer, a mobile device, our website www.gofragames.com (hereinafter, the "Website") or any other website, device or platform.

1.3 These Terms are available on the app shop or platform on which you download our Game- such as the Apple App Store, Google Play Store, Amazon App Store or Windows Phone Store- and on the Website or any website or platform on which you can play our Game (hereinafter, all referred as “Platform”).

1.4 You confirm your acceptance and agreement to be bound by these Terms and our Privacy Policy by (a) selecting the “Accept” option and/or (b) by downloading, accessing and/or using the Game, irrespectively of whether you have selected the “Accept” option.
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE GAME.

1.5 You affirm that you are at least 18 years old, or possess legal parental or guardian consent, and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with the Terms. If you are under 18 years of age or do not have parental or guardian consent, you shall refrain from accessing and/or using the Game.

1.6 The User is the only responsible to ensure compliance with the laws of the country where the User may access the game. Should any local law restrict or prohibit you to access or use the Game, you must refrain from accessing and/or using the Game and/or the Services in that Country.

1.7 From time to time, we may need to amend the Terms to (i) reflect changes in our Technology or third party technology; (ii) implement minor adjustments and improvements; (iii) implement new services, offerings, promotions or programs; (iv) reflect pricing changes; (v) reflect legal changes; (vi) any other valid reason, with thirty (30) days prior notice to you by sending a notice of such modification to the last email address provided by you in your User account of the Game or by posting a notice of such notification in the application of the Game, at our sole discretion. Your continued use of the Game after modification becomes effective (i.e. thirty (30) days from the date we sent or posted the notice) will indicate your acceptance of the modified Terms. If You do not accept the amendment, you can cancel the Game by following the directions in Section 12 of these Terms. In addition, we may cancel your use of the Game in accordance with the terms in Section 12. The latest version of these Terms will always be available on the Platform. Please make sure you check for updates to these Terms each time you use the Game. Changes to these Terms shall not affect your accrued rights and shall not have retroactive effect.

2. Personal data

2.1. You confirm that as part of the process of downloading, installing, creating a User account and using the Game you read and agreed with our Privacy Policy. If you do not agree with our Privacy Policy, you should not download, install, access or use our Game.

2.2. Gofra, as data controller of the personal data we may collect through the game, guarantees strict compliance with current regulations on the protection of personal data. The purposes of the data collection are: to manage your relationship with Gofra and conduct ordinary business operations; to provide our services to you; to communicate with you on Gofra’s Services; customer support; analytics and optimisation purposes; create in-game profile; personalisation of in-game offers; share your profile to participate in public competitions. The legal basis for processing your personal data is the fulfilment of the Service and your consent. We will not be sharing data with third parties, except when legally required. Although it is not a transfer of data, we may share personal data with our service providers when needed and under the necessary agreements to ensure your data is protected.

2.3. At any time you may exercise your rights of access, rectification, erasure, restriction of processing, data portability and objection by contacting us at gdpr@gofragames.com.

2.4. You are not required to share the personal data that may be requested at any point; however, if you choose not to share the information, in some cases we will not be able to provide you the Game or respond effectively for any queries you may have.

3. License

3.1. By the acceptance of these Terms, you are entitled you to download, install, access, and use the Game under the conditions set out in these Terms.

3.2. These Terms are a non-exclusive, limited, non-transferable, non-sublicensable, revocable, terminable license (hereinafter “License”) to use the Game on computers, mobile devices, hardware or devices that you own or control and as permitted by the usage rules of the operator of the Platform (hereinafter, “Platform Operator”), or other terms and conditions applying to your device. The rights that Gofra grants you under the License are subject to the terms of these Terms, and you may only use the License if you comply with all applicable terms. The License is effective from the date you accept these Terms by selecting the “Accept” option and/or access and/or use the Game. The License does not grant you any title or ownership in the Game.


3.3. You agree not to do any of the following with respect to the Game and/or the Service:

    • use it on more than one device at a time;
    • share your User account and password with other users;
    • use it for commercial or promotional purposes, including but not limited to unsolicited or unauthorised advertising,     promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of promotional messages;
    • use it in a manner that is or may reasonably be considered to be unlawful, harmful, harassing, defamatory, libelous,     defamatory, obscene or otherwise objectionable;
    • use it for fraudulent or abusive purposes;
    • attempt to decompile, reverse engineer, disassemble or hack our Game, or circumvent or block our encryption     technologies or security measures or the data we transmit, process or store;
    • use the email address of another person or entity to subscribe to and use our Game;
    • remove or alter any trademark notices or other proprietary rights information appearing on our Game;
    • create, develop, distribute or use unauthorised software programs to gain advantage in any gameplay mode;
    • use it to infringe or violate the rights of any third party, including but not limited to intellectual property, publicity or     privacy rights;
    • conduct yourself in a manner that is detrimental to the enjoyment of the Game;
    • cause interference with or disruption to our Game, servers or the networks over which our Game is provided;
    • gather, extract or collect any information about our Game or other users who use our Game, including, but not limited     to, personal information or data;
    • use it to cheat, plan to cheat or assist in cheating, or otherwise circumvent technological measures intended to     control access to our Game or do anything else that a reasonable person would not consider to be in the spirit of fair     play or these terms; or
    • use it in a manner which is or may reasonably be regarded as an invasion of another person's privacy or infringes on     privacy rights;
    • use it in a manner that is likely to be or may reasonably be regarded as inciting violence or racial or ethnic hatred;
    • spread software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the     functionality of any computer software or hardware or telecommunications equipment.
    • transfer your account, In-Game Currency or In-Game Goods (as defined below).
    • use it in violation of any applicable law or regulation;
    • use it in any other way that is not expressly authorised in these Terms.

3.4. Gofra reserves the right to revoke the License immediately and without prior notice if you violate any of the terms contained in these Terms.

4. Access to the Game

4.1. In order to access and use the Game, the User will need to download and install the Game in his/her device from any Platform. Information on availability and functionality will be available in the Platform.

4.2. The User is solely responsible for the internet connection and mobile charges that you may incur when accessing and/or using the Game and/or our Services.

4.3. We cannot guarantee that the Game and/or our services will be permanently available or error free. From time to time, access to the Game may occasionally be suspended, limited or interrupted to allow the deployment or provision of patches, updates, additional content, maintenance or other modifications to the Game (for example to enhance online gameplay, to add new or update features or to resolve software bugs). You hereby accept, recognize and understand that we constantly work on further development of the Game. In any case, if we decide to do a substantial modification to the use of or access to the Game, we will inform about the changes made. We will make reasonable efforts to provide continuous access to the Game and to keep interruptions or suspensions as short as possible.

5. User account

5.1. To use the Game, you are not required to register for a user account; however, if you choose not to register, you may not have access to certain features of the Game, you may be unable to participate in competitions or promotions that may be offered in-game and we may not be able to respond effectively for queries you may have.

5.2. The User can decide to register for a user account (hereinafter “User Account”). In order to create the User Account, the User should first download and install the Game through the Platform. The first time the User access the Game he/she will be asked to register the User Account providing a nickname, optional photo and a valid e-mail address.

The User declares and agrees: (i) to provide accurate, current and complete information in connection with the registration, login and/or subscription procedures on the User Account (hereinafter "Registration Data"); (ii) not to disclose the password or identification code; (iii) to keep the Registration Data and any other information provided constantly updated, complete and accurate.

Your User Account is for your exclusive and personal use only and you may not transfer it to any other person. We will not be liable to you for any loss you suffer as a result of an unauthorised person accessing your account or using our Services, and we accept no responsibility for any loss or damage resulting from such unauthorised use, whether fraudulent or otherwise.

5.3. We may allow you to log in to the Game using third party services. For more information please visit our Privacy Policy.

5.4. Gofra reserves the right to terminate the User Account of any User who do not comply with these Terms.

6. Playing our Game

6.1. The specific rules of the Game, as well as its scoring rules, instructions, controls, guidelines, use of In-Game Currency and In-Game Goods (as defined in section 7) guidelines, competition guidelines and policies (“Rules of the Game”), can be found within the Game itself. Such Rules of the Game form part of these terms and you confirm that you will abide by them.

6.2. You agree and acknowledge that when you access, use and/or play our Game you agree that your nickname, photo, country location, scores and other related details may be displayed within the Game for competitions and rankings and available to be visualised by any User, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. Please note that we will only show your nickname, country and/or photo publicly, and not your email address.

7. In-game purchases

7.1. Downloading and installing of the Game will be free of charge.

7.2. Notwithstanding the above, Gofra may allow you to do in-game purchases through the game store (hereinafter, “Game Store”) for use within our Games.

In the Game Store you will be able to purchase virtual or in-game currency such as “Gems” or any other that may be available at the relevant time (hereinafter, "In-Game Currency"). The In-Game Currency will be purchased in the local currency, which will be always indicated at the time of purchase.

The In-Game Currency will allow you to do in-game purchases of “Coins”, virtual cars to play de game and other virtual goods that may be available at the relevant time (hereinafter all referred as, “In-Game Goods”). For clarification purposes, the In-Game Goods cannot be purchased in euros, but only with In-Game Currency.

7.3. The price of each In-Game Currency and In-Game Goods for the Game shall be the one detailed at any given moment in the Game Store.

We reserve the right to change the prices of In-Game Currency and In-Game Goods at any time.

We may limit the total amount of In-Game Currency or In-Game Goods you can purchase at any one time and may limit the total amount of In-Game Currency or In-Game Goods you can hold in aggregate in your account.

You may only obtain Virtual Currency from us or our authorised partners through the Game Store, and not in any other way.

7.4. In order to purchase, use or enjoy In-Game Currency and/or In-Game Goods in our Games, you may be required to obtain a certain level or progress to a certain point.

7.5. You may also obtain In-Game Currency and In-Game Goods playing the Game and/or participating in any in-game competition or promotion. The specific rules of the Game, competitions and/or promotions may be made available within the Game itself when and if applicable. Gofra reserves the right to offer this option at this sole discretion and under no circumstance is obliged to make In-Game Currency and In-Game available for playing the Game and/or participating in any in-game competition or promotion

7.6. You agree that you do not acquire any ownership right in the In-Game Currency and In-Game Goods, instead you acquire a limited personal revocable licence to use them. Once purchased or obtained by any other means, In-Game Currency and In-Game Goods have no monetary value and cannot be exchanged for virtual/real money, virtual/real items or virtual/real services by us or anyone else. You agree that the In-Game Currency and/or In-Game Goods are not transferable to anyone else, and that you will not transfer or attempt to transfer In-Game Currency or In-Game Goods to anyone else.

7.7. Payments. You will be redirected to the Platform to process the payment and purchase. You will need to abide to the rules of the Platform and provide a valid method of payment to purchase the In-Game Currency. You are responsible for all purchases made through your User account. Prices will include any applicable sales, VAT or other taxes.

7.8. If we suspend or terminate your User Account as provided in these Terms, you may lose any In-Game Currency and/or In-Game Goods you have and we will not compensate you for that loss or refund your money.

8. Right of withdrawal and its consequences

8.1. If you purchased In-Game Currency and/or In-Game Goods in accordance with the previous Clause, you will have the right to withdraw without the need for justification: (i) within fourteen (14) calendar days from the purchase (hereinafter, “withdrawal period”); or, (ii) until Gofra has delivered the In-Game Currency and/or In-Game Goods in the User Account; whichever happens first.

8.2. To exercise the right of withdrawal, you should notify Gofra of your decision to withdraw by means of an unequivocal statement at the following address: Calle D’olivella número 17, Planta 1ª Puerta 2ª, 08870 Sitges (Spain) or by email address: hello@gofragames.com. In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

8.3. If the User withdraw the purchasing, all payments received from the User shall be reimbursed immediately, at the latest within fourteen (14) days from the day on which Gofra received notification of withdrawal. Unless expressly agreed otherwise with the User, the same payment method used by the customer for the original transaction shall be used for this reimbursement.

8.4. THE CONSUMER EXPRESSLY ACKNOWLEDGES AND CONSENT THAT BY RECEIVING IN-GAME CURRENCY AND/OR IN-GAME GOODS IN THE USER ACCOUNT HE/SHE LOSES HIS/HER RIGHT OF WITHDRAWAL.

9. Intellectual property

9.1. The design of the Game and its source codes, all copyrights, trademark, logos, brands, drawings, models and other distinctive signs that appear on it and other intellectual property rights in and relation to the Game and/or Services (hereinafter, “Gofra IP”), belong to Gofra and are protected by the corresponding intellectual and industrial property rights. The content on the Game, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (hereinafter, the “Content”), are also owned by Gofra subject to copyright and other intellectual property rights under Spanish, European and international law.

9.2. Content on the Game is provided to the User “AS IS” for their information and personal use of the Game. It cannot be
used for commercial purposes.

9.3. The user agrees and acknowledges that the Game, the Content, the Gofra IP and any other intellectual property owned by Gofra:

    • May not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise     exploited for any other purposes whatsoever without the prior written consent of the respective owners. If the User     download or print a copy of the content for personal use, the User must retain all copyright and other proprietary     notices contained therein. The User agree not to circumvent, disable or otherwise interfere with security related     features of the Game or features that prevent or restrict use or copying of any Content or enforce limitations on use of     the Game or the Content therein
    • May not be reverse engineered, disassembled nor decompiled.

9.4. Any use of the Game, the Content, the Gofra IP and any other intellectual property owned by Gofra not permitted herein is expressly forbidden. Non-authorised used may breach applicable law, such as intellectual property or data protection legislation. We reserve the right to suspend the User Accounts or, in any other manner, ban you from accessing and /or using the Game that, at our sole judgment, may have infringed the law.

9.5. You agree and acknowledge that, other than license granted to you under these Term (section 3 of the Terms), you have no ownership or any rights in the Game or any of our Services.

9.6. Gofra reserves all rights not expressly granted in and to the Game.

10. User Content

10.1. You are solely responsible for the User Content you may upload, communicate, transmit or otherwise make available via the Game, the User Account and/our Services. Before uploading any User Content, we invite you to review carefully the Terms, the Privacy Policy and the specific rules of the Game that can be found within the Game itself.

10.2. You agree not to introduce in your User Account, upload, use or otherwise make available any content or otherwise use the Services in any way:
    • That is likely to or could reasonably be viewed as (i) unlawful, harmful, defamatory, harassing, or otherwise against     the public moral; (ii) invasive of another's privacy or violate any privacy rights; (iii) likely to incite violence or racial or     ethnic hatred; (iv) unsolicited or unauthorised advertising,
    • Which contains or is likely to contain software viruses or any other computer code, files or programs which may     interrupt, destroy or limit the functionality of the Game or any computer software or hardware or telecommunications     equipment.
    • Which you are not authorised to make available lawfully (for instance, confidential information);
    • Which infringes any intellectual property right or other proprietary right of others;

10.3. Gofra has the right to remove User Content from our Services at any time and at its sole discretion if we consider that it is in breach of any part of these Terms. However, Gofra will not actively monitor User Content.

10.4. You agree that you shall not hold Gofra liable for any loss or damage arising from the User Content (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.

11. Third Party Links & Marketing

11.1. The Game may contain links, login interfaces and other connections to third party websites, applications and Platforms. Such third party services are provided solely as a convenience to you, and we shall not be deemed to endorse the content of third party services nor be made responsible for the content. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk. The User license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.

11.2. You understand and agree that all third party content that you may visualise or receive when using the Game and/or our Services, whether publicly posted or privately sent, including but not limited to advertising or links to different sites, is the sole responsibility of the person that sent the third party content.

11.3. We do not control third party content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.

12. Term and Termination

12.1. The Terms are effective upon your select the “Accept” option and/or from the moment you download the Game, whatever happens first, and shall remain in effect until the Terms are terminated or superseded by new terms, or, if neither of the foregoing events occur, as long as you continue using the Game.

12.2. These Terms may be terminated for any of the following reasons:
    • In case of a material breach of any of the conditions of these Terms by the User, Gofra will be entitled to terminate     these Terms at any time, with or without prior notice to you.
    
    • In case the Game and/or the Services are discontinued and/or terminated for any reason whatsoever, Gofra will be     entitled to terminate these Terms at any time with thirty (30) days prior notice.
    
    • In case Gofra modifies these Terms, the User shall be entitled to terminate the Terms within thirty days from the     notice of such modification received as set out in Section 1 of the Terms.
    
    • In case the User deletes its User Account and/or uninstalls the Game, for any reason whatsoever, these Terms will be     terminated at the moment the uninstalling process is completed.
        
    • In case both parties agree to terminate the Terms.

12.3. You acknowledge that upon termination of the Terms for any reason whatsoever:
    • Your License will be automatically terminated;
    
    • You will no longer be able to access and/or use the Game and/or the Service;
    
    • You shall uninstall the Game and/or Service from any device;
    
    • You may lose access to your User Account and any User Content, data and/or information previously stored and/or     associated with your User Account (including, without limitation, your progress in our Games and/or the level or score     achieved in our Games, linked to your account).
    
    • Any right you may have had to any Game access, In-Game Currency or other In-Game Goods, are forfeit, and you     agree and acknowledge that you are not entitled to any refund for any amounts which were paid on your Account prior     to any termination of these Terms.

13. Warranties, Warnings and disclaimers

13.1. Except otherwise provided by law, Gofra only warrants that the Game is provided “AS IS” according to widely recognised commercial standards and Gofra will do reasonable endeavours to inform you of any issue related to the Game within a reasonable time. If you are accessing the Game within a country of the European Economic Area, Switzerland or the United Kingdom where you have your usual residence, where Gofra is pursuing his commercial activity, you will be protected by the legal guarantee under the applicable law. In case the Game is non-conforming, you shall have the right to ask it is brought into conformity. In case the Game cannot be brought into conformity, you shall only be entitled to terminate the Terms and/or ask for a reduction of the price, when applicable, except otherwise provided by law.

13.2. Gofra do not represent or warrant that (i) the operation or use of the Game will be timely, uninterrupted or error-free; or (ii) the quality of the Game will meet User's requirements and expectations regarding its purpose, quality, fitness for any particular purpose, compatibility with User’s systems, updates longer than a reasonable period.

13.3. The Game is used by the User voluntarily and under its own risk. This applies to: (i) the hardware, navigator and communication systems used to play the game; (ii) downloading own and third party content; and; (iii) behaviour of the User when using the Game and/or Services.

13.4. Although Gofra makes reasonable endeavours to provide to the User a secure use of the Game, Gofra will not be hold responsible in case the transfer of data through third party systems, particularly over the internet or communication networks, could be followed, traceable or forged by third parties. Gofra will not be hold responsible for any loss of data, malfunction, error, accident or adverse effects that could arise from the use of the Game and/or Services.

13.5. Any payment within the game will be done through third party Platforms. Gofra assumes no responsibility on the operativity, functionality, use, loss or theft of payment data that could arise from the use of such Platforms.

13.6. Except otherwise provided by law or within these Terms, Gofra does not offer any other warranty in relation to the Game and/or Service and shall not be hold responsible for any damages arising from the Game and/or Service. This will also apply to damages arising from errors, problems, virus or loss of data.

13.7. EXCEPT FOR GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL CONDUCT AND TO THE EXTENT IT IS ALLOWED BY APPLICABLE LAW, GOFRA WILL NOT BE LIABLE FOR ANY (A) DAMAGES FOR LOSS OF INCOME, LOSS OF PROFITS, LOSS OF INTEREST, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF USE, EXPENSES FOR INACTIVITY, INDIRECT, SPECIAL, INCIDENTAL, RESULTING AND FINANCIAL DAMAGES, THIRD PARTY CLAIMS, LOSS OF DATA AND PROGRAMS AND THEIR RESTORATION RELATED WITH THE USE OF THE GAME; NOR FOR (B) DAMAGES CAUSED BY THE INCORRECT OR WRONGFUL USE OF THE GAME BY THE USER OR THIRD PARTIES. IN CASE OF MINOR NEGLIGENCE, GOFRA’S LIABILITY WILL BE LIMITED TO PERSONAL DAMAGES, WITH A MAXIMUM LIABILITY OF THE PRICE OF THE GAME AND/OR SERVICE OR, WHEN THE GAME HAS BEEN PROVIDED FREE OF CHARGE, 100 EUR PER USER.

14. Indemnity

14.1. The User agrees to defend, indemnify and hold harmless Gofra, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) in connection with your use of the Game arising from: (i) your negligent or intentional violation of any term of these Terms; or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right. The User will assume the attorney costs of Gofra.

14.2. This defence and indemnification obligation will survive the termination of these Terms and your use of the Game.

15. Applicable Law and Jurisdiction

15.1. Unless otherwise provided by law, these Terms and any dispute, claim or obligation arising out of or it connection with it or its subject matter shall be governed by Spanish law.

15.2. Unless otherwise provided by law, the parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of Barcelona.

Last updated on 07th March 2022

Address

Carre de la Llacuna 162                  
08018 Barcelona, Spain

Contacts

Email: hello@gofragames.com      
Phone:
+34 650840759                     

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