These Terms govern Your use of Our Website, all its content, software, and services offered thereon.
Below you will find the Terms to be concluded by the User with the Administration of the Website (hereinafter referred to as the Administration), based on which the User utilizes the information and services provided by the Website As well as its Mobile Applications in App Store and Google Play Store. These Terms and Conditions consist of the following Sections:
Last updated: March 01, 2020
Effective date: March 01, 2020
Table of contents:
- Terms and conditions
- Electronic-delivery policy and Your consent
- Services availability
- Website Content: Games
- Waiver of Warranties and Limitation of Liability
- Access cost
- Your responsibilities
- User conduct rules
- Age registration
- Third party websites
- Disclaimer regarding third party games, applications or services
- Intellectual property rights
- TERMS AND CONDITIONS
1.1. CHANGES TO THE TERMS
1.2. ADDITIONAL TERMS
Certain areas of Our Website, where You can download or upload files, may include usage guidelines and rules that will supplement these Terms. By using those services on the Website, You agree to comply with such guidelines and rules.
1.3. TERMS AND DEFINITIONS
User – is any private individual who accesses the Website, uses the resources of the Website through the Internet.
Website – is a collection of software and hardware with a unique address on the Internet along with information resources that provide unlimited access to these information resources and other information services through the Internet. The website is located on the Internet at a unique link (URL): https://gogetgame.com, including the mobile version of the Website at a unique link (URL): https://gogetgame.com, as well as its sub-domains and versions for other hardware platforms.
Content – is the information content of the Website, which consists of graphic, textual, audio, video, photo and other materials, including Games, that are posted on the Website by the Administration.
Game – is a computer program hosted on the Website used for organization of gaming experience (gameplay) for purposes of interaction as well as its components both separately and collectively.
Mobile Application – is software designed for work on smartphones, tablets and mobile devices.
- ELECTRONIC-DELIVERY POLICY AND YOUR CONSENT
You agree that We may electronically provide You required notices, agreements, and other information concerning the Website. If You no longer agree to receive notices electronically, please cease to use the Website.
- SERVICES AVAILABILITY
GoGetGame.com aims to provide a stable and reliable Website. However, it may happen that games and services are unavailable due to maintenance of the system or technical problems. GoGetGame.com may also suspend or permanently remove any game or service for any reason without Your consent or giving prior notice.
GoGetGame.com will not be liable for any loss, damage or upset that You suffer as a consequence of a game or service becoming temporarily or permanently unavailable.
- WEBSITE CONTENT: GAMES
Regarding Content, including Games, the User has no right for:
4.1. use the Content, including Games, if the legislation system of the User’s location prohibits the use of such Content and/or participation in such Games or sets other restrictions, including age ones;
4.2. without a written consent of the Administration, to distribute and make available to the public the Content of the Website, audiovisual displays and images of the User’s gameplay;
4.3. distribute, transmit and copy the Website Content, including Games;
4.4. without written consent of the Administration, examine the program code, decompile, disassemble, modify the Game and any part of it, as well as create derivative products based on the Game or its parts;
4.5. use the Website Content, including Games, for commercial or other purposes not provided for in these Terms and Conditions;
4.6. use undocumented features (bugs) and errors of the Game software;
4.7. use external programs of any kind to gain advantages in the Game.
4.8. If the Administration becomes aware of violations of the above provisions as well as other violations of the applicable legislation system, the Administration reserves the right to block access of such User to the Website as a whole or to its separate functions individually, at any time, at its own discretion and without prior notice.
4.9. The User understands, accepts and agrees that the Content of the Website, including Games, are hosted on the Website legally and are protected objects of intellectual property, which cannot be used in ways not provided for by the Terms and Conditions. Granting the User access to the Content, including Games, the implementation of the gameplay and participation in the Game cannot be regarded as the transfer or assignment of the exclusive right in relation to such Content and/or Game from the Administration to the User.
4.10. The Administration of the Website adheres to the policy of compliance with intellectual property rights with respect to the Content hosted on the Website; therefore, in case of violation of intellectual property rights of third parties by one or another User, the Administration has the right to apply the restriction on use.
4.11. The User can access the Content for information purposes and personal use only within the available functionality of the Website and on the terms and conditions provided for in these Terms and Conditions as well as exclusively for non-commercial purposes.
- WAIVER OF WARRANTIES AND LIMITATION OF LIABILITY
5.1. Services, results of work of algorithms and other Content and Games are provided to the User on the “AS IS” and “AS AVAILABLE” basis. The User can access the Content exclusively within the available functionality and on the terms and conditions provided for in these Terms and Conditions.
5.2. The Administration does not provide any guarantees and assurances.
The Administration does not guarantee to the User that:
- The Website will meet the requirements and needs of the User;
- The Website will function smoothly, constantly, accurately and securely;
- The information obtained as a result of the use of the Website will be accurate and reliable.
5.3. Accepting these Terms and Conditions, the User agrees that he or she uses the Website Content, including Games, at his or her own risk, to the extent permitted by applicable law. The Administration waives all warranties relating to the use of the Content of the Website, both express and implied
- ACCESS COSTS
You must provide, at Your own expense, the equipment and Internet connections that You will need to access and use Our Website. If You access Our Website through a telephone line, please call Your local phone company to determine if the access numbers You select are subject to long-distance or other toll charges at Your location. Also, if You access the Website through wireless applications (e.g., cell phones), Your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with Your carrier to verify whether any such fees apply to You. You are solely responsible for any costs You incur to access the Websites through any wireless or other communication service.
- YOUR RESPONSIBILITIES
8.1. USE OF THE WEBSITE
You may use the Website for lawful purposes only.
8.2. RESTRICTION OF USE
You may not use Our Websites:
(1) For Your own commercial gain;
(2) To offer any form of advertising or promotion without Our prior written consent; or
(3) To provide any false personal information or any information, content, or material on account of anyone other than Yourself without permission.
You may not use the Website or any of Our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about us for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate Your access or use of the Website immediately and take other legal action if You, or anyone using Your access to the Website, violate these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within Our computer or communications networks.
8.3. SUBMITTING ON THE WEBSITE
You may not submit or transmit through the Website any information, content, or material or otherwise engage in any conduct that:
(1) Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
(2) Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another”s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
(3) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(4) Impersonates any person, business, or entity, including WEL and its employees and agents;
(5) Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
(6) Encourages conduct that would constitute a criminal offense or give rise to civil liability;
(8) Interferes with the use of the Websites by others.
Any information, content, or material You have created and submitted or transmitted through Our Website and that is covered by intellectual property rights (or similar rights) shall be licensed to Us as a nonexclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license, and We are entitled to use such intellectual property on or in connection with the Website. Except in the case where We have signed an exclusive agreement with You.
When You provide information, content, or material and use the public privacy setting, every visitor to the Website will have access to such information, and We have no control over that information or what users do with it.
Under no circumstances including, but not limited to, negligence, shall administration or any third party content provider or their respective agents be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use web site, software and/or services, even if such party has been advised of the possibility of such damages.
You agree to assume all risks related to your use of a website and services, including but not limited to, the risk of communications with other people or damage to your computer.
- USER CONDUCT RULES
Users may be banned or terminated on the website or any game available on Our Website if users use inappropriate language or inappropriate behaviour as determined by Administration. Administration is not responsible for user comments, and/or communications. Users are responsible for their own actions.
You agree not to do any of the following:
(1) Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that We deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
(2) Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, You must not distribute another person”s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
(3) Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind;
(4) Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
(5) Impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity;
(6) Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
(7) Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that You do not own or have express permission to modify;
(8) Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if We deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by Administration.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a website or services in violation of the law.
- AGE RESTRICTIONS
The content of the Website, including Games, is allowed to be viewed by Users who have reached the age of thirteen years and older.
Accordingly, it is the parents’ or guardians’, of said-children, responsibility to determine whether any portion of the Website or services is inappropriate for their child. Moreover, any person allowing under 13 years old to access the website or services, with its computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that shall assume full liability for any consequences and that under no circumstances including, but not limited to, negligence neither, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site by users under 13 years of age, even if such party has been advised of the possibility of such damages.
A person under the age of majority is obliged to ask parents’ permission to view and use this Website, in accordance with the Children’s Online Privacy Protection Act (COPPA).
You understand that You are responsible for ensuring that Your computer has suitable anti-virus software that is up to date. We will take reasonable steps to ensure that the content on the site is free from viruses and other malicious software. We shall not be held responsible for any loss or damage that You suffer as a consequence of receiving a virus or other malicious software through use of Our website.
We shall not be liable for any loss or corruption of data that You suffer as a consequence of receiving a virus or other malicious software through use of Our website.
- THIRD PARTY WEBSITES
12.1. LINKS TO THIRD PARTY WEBSITES
We cannot guarantee the completeness or accuracy of the websites or URLs to which Website”s services link or refer. The process of including websites in Our Website’s services is largely automatic. Administration does not screen the websites included in the services, and these other websites are maintained by persons over whom We exercise no control.
For these reasons, You further acknowledge and agree that We shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
12.2. THIRD PARTY ADVERTISEMENTS
Administration accepts no responsibility for any third party advertisements that may appear on our Website.
You understand that clicking on a third party advert link engages You. Third party is responsible for that advert. We have no control over these companies, or over the content of the websites. You further acknowledge and agree that We shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
- DISCLAIMER REGARDING THIRD PARTY GAMES, APPLICATIONS OR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
14.1. The Administration of the Website adheres to the policy of compliance with intellectual property rights with respect to the Content hosted on the Website; therefore, in case of violation of intellectual property rights of third parties by one or another User, the Administration has the right to apply the restriction on use.
14.2. Any person who believes that their copyrights and/or related rights and/or other rights, as well as legal interests, are violated in connection with the hosting of a specific Content on the Website shall have the right to notify the Administration of the Website by sending a message to [email protected]
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the content You submit, post, transmit, make available through the service, Your connection to the services, Your violation of the Terms, or Your violation of any rights of another.