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Terms of use

Effective date: August 1st, 2017

These Terms of Service (“Terms”) govern your access to and use of the services, including the websites and mobile applications (collectively, the “Service”) provided by Gamee (“Gamee” or “our” or “us” or “we”), and any content, information, or other material (collectively, “User Content”) that you post to the Service. Please read these Terms and our Privacy Policy carefully. If you do not agree to any of these Terms, please do not use the Service.

1. Basic Terms

The Service enables its users (“Users” or “you”) to play games, be presented in highscores and rankings and share User Content including comments and other media. Users can share the User Content they create using features of the Service. You are responsible for your use of the Service, for any Content you post to the Service, and for any consequences thereof.

In order to access and use the Service, your acceptance of these Terms is required. You may not use the Service if you do not accept the Terms. When you access or use the Service, you represent and warrant that you have read and understood these Terms and our Privacy Policy, and acknowledge that they are a binding legal agreement between you and Gamee. These Terms govern your non-commercial use of the Service, because the Terms expressly prohibit commercial use. If you want to inquire about commercial use of the Service, please contact us at hello@gameeapp.com.

The Service is intended solely for persons who are 13 or older. If you are not 13 or older, do not use the Service.

We reserve the right to modify, suspend, or terminate the Service or your access to the Service at any time, for any reason, and without notice or liability to you. We reserve the right to refuse access to the Service to anyone for any reason at anytime. We shall not be liable to you or any third party should we exercise such right, in whole or in part.

You understand and acknowledge that the Service is provided “AS IS.” We assume no responsibility for the creation, delivery, or deletion of User Content, or for the failure to store any User Content or settings on the Service. You understand and acknowledge that temporary interruptions of the Service may occur. You also understand and acknowledge that we have no control over third party services accessible through our Service and therefore, we cannot control disruptions on, interactions with, or the performance of these other services.

2. Modification to Terms

We reserve the right to modify these Terms at any time. The date of last modification preceded these Terms. When we make modifications that we consider material, we may attempt to notify you through the Service; however, you should periodically review the most up-to-date version of the Terms. Modifications are effective when posted, and your use of the Service after the effective date constitutes your acceptance of the Terms as modified.

3. Privacy

Your privacy is very important to us. It is important for you to understand how we collect and use personal information. Your privacy rights are set forth in our Privacy Policy and incorporated in these Terms by reference. Through your registration and use of the Service, you are acknowledging and consenting to the collection and use of this information as set forth in the Privacy Policy. We reserve the right, as we reasonably believe is necessary, to access, preserve, and disclose any information to (i) satisfy any applicable law, legal process, or governmental request, (ii) enforce these Terms and investigate potential violations, (iii) detect, prevent, or otherwise address potential fraud, security, or technical issues, (iv) diagnose problems, monitor traffic patterns and otherwise continually improve our Service, (v) respond to user support requests, or (vi) protect the rights, property, or safety of Gamee, its users and the public. Gamee does not disclose personally identifying information to third parties except in accordance with our Privacy Policy. We ask you for your consent to process your personal information (including your log data) for analytics purposes and for purposes of profiling your personal information in order to offer you bespoke services and/or advertising. You are not required give us your consent and register to the Service, but full access to and full scope of features of the Service are available only to registered users who give us their consent with such use of their personal information.

4. Use of the Service

You are not required to register to use the Service, but full access to the Service is only available to registered users. You can register an account with Gamee using your email address or Facebook account or phone number.

Gamee gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by Gamee as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by Gamee, in the manner permitted by these Terms.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software underlying the Service or any part thereof, unless this is expressly permitted or required by law. You may not access and/or use the Service and the underlying software in order to build a similar or competitive product.

You are responsible for safeguarding your password or access to the Service. You are also responsible for all activity that occurs under your Gamee account, whether or not such activity was authorized by you. Gamee will not be liable for any loss or damage arising from your failure to safeguard your password or from allowing others to use your Gamee account.

Notwithstanding any other rights of Gamee set forth herein, in appropriate circumstances we may disallow, reassign, or remove certain usernames or terminate your account, with or without prior notice, if activity on your account constitutes a violation of either these Terms or any applicable laws or regulations, or constitutes an infringement or violation of the rights of any third party.

Sometimes when you use the Service, you may (as a result of or through your use of the Service) use a service or download a piece of software or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals and you remain responsible for complying with the terms of use of such third party' services, software or goods. If you use third parties' services, software or goods while using the Service, you declare that you act in compliance with their terms of use. In particular, if you use Facebook while using the Service, you must comply with the applicable Facebook rules.

You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. You also agree you will not use any trade mark, service mark, trade name, logo of any third-party company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

5. Content on the Service

The Service may also include hyperlinks to other web sites or content or resources. Gamee has no control over any web sites or resources which are provided by companies or persons other than Gamee. You acknowledge and agree that Gamee is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Gamee is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources. In addition, you acknowledge and agree that Gamee is not liable for any damage which may be incurred by you as a result of any reliance you may have placed on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.

6. User Content on the Service

The Service allows you to play games and post comments and other media (i.e., User Content) to the Service. We reserve the right at all times (but will not have an obligation) to remove any User Content on the Service.

You are responsible for any User Content you publicly post or privately transmit on the Service and for any consequences thereof. All User Content is the sole responsibility of the User who originated such User Content. Keep in mind that the User Content you post may be available to all other users of the Service and through third party services and websites. You should only post User Content that you are comfortable sharing with others under these Terms and our Privacy Policy.

7. Gamee Rights

All right, title, and interest in and to the Service are and will remain the exclusive property of Gamee. The Service is protected by copyright, trademark, and other applicable laws of the Czech Republic as well as foreign countries. Gamee reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not assign (or grant a sub-licence of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted under these Terms.

8. Restrictions on Content and Use of the Service

To ensure that we provide the best service to all of our Users, you agree to use the Service in a manner consistent with the following restrictions.

You may not post User Content that:

  • Violates any rights of a third party, such as copyright, trademark, privacy, and publicity rights
  • Contains sexually explicit or pornographic content
  • Contains content that is abusive, defamatory, derogatory, discriminatory, or harassing, or that incites hatred against any individual or group
  • Contains a direct and specific threat of violence to others
  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others
  • Exploits minors
  • Depicts unlawful acts, extreme or real-life violence, or self-harm
  • Depicts cruelty towards animals
  • Constitutes spam or an abuse of social media tags
  • Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures
  • Violates any law or is otherwise in furtherance of an illegal activity

You may not post User Content that contains commercial content including:

  • Content that promotes or represents a for-profit business or brand
  • Content that contains any form of advertising
  • Content hosted on behalf of a business (e.g., content posted to the Service and embedded on another company’s website)
  • Content that you intend to sell

You may not engage in the following prohibited activities while accessing or using the Service:

  • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers
  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
  • Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Gamee
  • Scrape the Service, or scrape User Content from the Service, without the express prior consent of Gamee
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information
  • Interfere with or disrupt (or attempt to interfere with or disrupt) access to the Service of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service

We reserve the right to enforce, or not enforce, these restrictions in our sole discretion, and these restrictions do not create a duty or contractual obligation for us to act in any particular manner.

9. Term and Termination

The Terms will continue to apply until terminated by either you or Gamee as set forth below. You may end your agreement with Gamee at any time for any reason by discontinuing your use of the Service.

Gamee may suspend or terminate your access to or cease providing you with all or part of the Service at any time for any reason. For example, if we reasonably believe that (i) you violated these Terms, (ii) you create risk or possible legal exposure, or (iii) our provision of the Service to you is no longer commercially viable, we may terminate your access to the Service. In the event we elect to terminate your access to the Service, we will make reasonable efforts to notify you by the email address associated with your account or through the Service.

In all such cases, Gamee will make reasonable efforts to disable access to and refrain from using your User Content after termination.

10. Disclaimer of Warranties +

We endeavor to provide the best service we can, but your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, without express or implied warranty or condition of any kind. TO THE EXTENT PERMITTED BY LAW, GAMEE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Gamee makes no representations or warranties of any kind with respect to the Service, and disclaims all responsibility and liability arising out of or in any way connected with the following:

  • Completeness, accuracy, availability, timeliness, security or reliability of the Service or any User Content
  • Any harm to your computer or other system, loss of data, or other harm that results from your access to or use of the Service, or any User Content
  • Deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service
  • Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis

The Service may contain links to third-party websites or resources. Gamee does not modify or review the links and you acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services displayed on or available from such websites or resources.

You understand that by using the Service you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.No advice or information, whether oral or written, obtained from Gamee or through the Service, will create any warranty not expressly made herein.

11. Limitations of Liability

Nothing in these Terms shall exclude or limit Gamee’s liability for losses which may not be lawfully excluded or limited by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMEE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, OR LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OR DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, resulting from:

  1. Your access to or use of, or inability to access or use, the Service:
  2. Any conduct or user content or any third party on the Service, including without limitation, any defamatory, offensive, or illegal conduct or other users or third parties;
  3. Any content obtained from the service; or
  4. Unauthorized access, use, or alteration of your user content.

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not Gamee has been informed or the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Applicable Law and Jurisdiction

These Terms and all matters relating to it shall be governed by, and construed in accordance with the laws of the Czech Republic. Any action or proceeding arising out of or relating to this Terms or the Service shall be brought and maintained exclusively by the Czech courts.

You are being hereby notified that the Czech Trade Inspection Authority has been the entity ensuring alternative dispute resolution for consumer disputes (ADR). The aim of the ADR scheme is to facilitate an amicable settlement of a dispute and reach agreements for both parties. ADR deals with disputes between consumers and vendors residing or permanently based in any country of the European Union. Consumers can initiate an ADR procedure within the period of 1 year after the first claim is made against the vendor. When initiating an ADR procedure it is necessary to prove that an unsuccessful attempt to resolve the claim was made. The particular dispute shall not be already decided by a court or any other ADR entity. No fee is required within the ADR procedure. ADR is a notified entity of out-of-court resolution of consumer disputes listed by the European Commission. For further details, see the ADR website .

14. Entire Agreement

These Terms, including our Privacy Policy, are the entire and exclusive agreement between Gamee and you regarding the Service, and these Terms supersede and replace any prior agreements between Gamee and you regarding the Service.

15. Waiver and Severability

The failure of Gamee to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

QUESTIONS & CONTACT

he Service is operated and provided by Gamee Mobile s.r.o., with its registered office at Pod Všemi svatými 427/17, Severní Předměstí, 301 00 Plzeň, Czech Republic, Company ID No. 291 03 746, registered in the Companies Register maintained by the Regional Court in Pilsen, file C 24924. If you have any questions or comments regarding these Terms, please contact us at hello@gameeapp.com

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