Terms and Conditions GAMINGSENSE

TERMS OF USE

1. About these Terms

1.1. These Terms of Use create a legal agreement between You (“you” or “your”) and GAMINGSENSE LIMITED (“Gamingsense”, “we”, “us” or “our”) in relation to our games that made available for download at App Store and Google Play Store (the “Games”).

1.2. You can access or use the Game, or create an account (whether access the Game through a third party such as Facebook) after you agree to be bound by these Terms and agree to collection, use and storage of certain personal information about you by Gamingsense as outlined in our Privacy Policy at https://gaming-point.net/ru/privacy?id=1.

1.3. You represent and warrant to us that you have read and understood these Terms and you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms.

2. Personal Information and Privacy

Any personal information submitted through the Game or indirectly through a third party such as Facebook by you is subject to our Privacy Policy at https://gaming-point.net/ru/privacy?id=1.

3. In-Game Accounts

In order to participate in or use the Game, you may be required to maintain an account with a third-party social networking site (such as Facebook) through which you will access the Game (“Account”).

Your Account is for your individual, personal and non-commercial use only, and you may not authorize others to use your Account for any purpose. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password you use to enter such Account, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to notify us immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware.

4. E-mail Notices

By providing us your email address you consent to our use of your email address to send you Game-related notices. We may also use your email address to send you other messages, such as information on changes to features of the Game and special offers. We will request your explicit consent to send you such additional offers and/or features. If you change your mind and no longer wish to receive these email messages, you may unsubscribe by using the unsubscribe option in the applicable email. You may also email us at legal@gaming-point.net in order to change any of your subscription settings.

5. Ownership

We retain exclusive rights (license) of the Game and all content and materials developed or provided by us in connection with the Game, and all related intellectual property rights. Subject to your full compliance with these Terms of Use, we hereby grant you a limited, non-exclusive, revocable, personal and non-transferable license to access and use the Game for your personal, non-commercial use. We reserve all right, title and interest in and to the Game, subject only to the limited license granted to you above. In addition, we reserve the right to terminate this license at any time.

6. User Guidelines and Restrictions. Prohibited Content

You agree that you will not in connection with your use of the Game:

  • (a) Abuse or harass any other user, member or person;
  • (b) Collect or store personally identifying information about other users, including for commercial or unlawful purposes;
  • (c) Impersonate any person or entity;
  • (d) Employ misleading email addresses or falsify information in any part of any communication related to the Game;
  • (e) Engage in any activity which may compromise the stability or availability of the Game or use the Game to compromise the availability or stability of any third-party site or service;
  • (f) Use the Game for any unsolicited advertising or promotions;
  • (g) Use automated means, including spiders, robots, crawlers or the like to download data from the Game or any related server or database
  • (h) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Game, or any portion thereof;
  • (i) Circumvent any security measures or any payment collection methods employed in or through the Game, or access or use the Game in the event your Account, or your access, is terminated or suspended by Us;
  • (j) Upload, post, email, otherwise transmit or post links to any content or material, or select any member or user name or email address, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
  • (k) Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates this type of infringement;
  • (l) Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Game or any third party software, site, equipment or service;
  • (m) Upload, post, email, or otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation, or which we deem improper in accordance with our guidelines and policies;
  • (n) By-pass the measures we may use to prevent or restrict access to the Game, including but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Game or the content therein; or
  • (o) Rent, lease or sublicense the Game.

7. Virtual Items

7.1 Certain aspects of the Game may allow you to obtain points, data or other fictional property representing virtual achievements (“Virtual Items”). You understand and agree that regardless of the terminology used, Virtual Items represents a limited license right governed solely by the terms of these Terms of Use and available for distribution at our sole discretion. Virtual Items are not redeemable for any sum of money or monetary value from us or any other person at any time. You acknowledge that you do not own the Account you use to access the Game, nor do you possess any rights of access or rights to data stored by us or on our behalf on any servers, including but not limited to, any data representing or embodying any or all of your Virtual Items. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate Virtual Items as we see fit in our sole discretion. All data on our servers are subject to deletion, alteration or transfer.

7.2 NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH VIRTUAL ITEMS OR DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY VIRTUAL ITEMS, DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON OUR SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND EXCEPT IS STATED BY APPLICABLE LAWS.

7.3. Virtual Items purchased on App Store and Google Play Store will be subject to those platforms’ payment terms and conditions. We do not control how you can pay on those platforms. Please review those platforms’ terms of service for additional information.

8. Paid Services and Billing Policies

8.1. Fees and Billing: Certain aspects of the Game may be provided for a fee or other charge. If you wish to use paid aspects of the Game, you agree to the terms of sale, pricing, payment and billing policies applicable to these fees and charges, which will be provided at the time you make the applicable purchase. We may add new services for additional fees and charges, however, we will not charge you additional fees unless you purchase these new services. In addition, certain messaging, service and other standard fees and charges may be charged by your service provider.

8.2. No Refunds. You may cancel your user Account with us at any time; however, there are no refunds for cancellation. As permitted under these Terms of Use, we have the right at any time for any reason or for no reason to suspend or terminate your Account, terminate these Terms of Use and/or refuse any and all current or future use of the Game without notice, refund, obligation or liability to you. In the event that we suspend or terminate your Account or these Terms of Use, you understand and agree that you shall receive no refund or exchange from us or otherwise. YOU HEREBY ACKNOWLEDGE THAT GAMINGSENSE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS UNLESS OTHERWISE IS NOT DETERMINED BY THE RULES OF APP STORE AND/OR GOOGLE PLAY MARKET STORE OR OF APPLICABLE LAW.

8.3. Taxes. You agree to pay all fees and applicable taxes incurred by you. We may revise the pricing for subscriptions to its games or Virtual Items we license to you through the Game at any time.

9. Advertising

As consideration for the limited license and rights granted to you under these Terms of Use you agree that we shall have the right to provide advertising, promotions, offers and other information to you by email or other means of communication. Our Privacy Policy explains what information we share with advertisers. Please read it.

As consideration for the limited license and rights granted to you under these Terms of Use you agree that we shall have the right to provide advertising, promotions, offers and other information to you by email or other means of communication. Our Privacy Policy explains what information we share with advertisers. Please read it.

We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from our Game. Also, just because we allow a link to be included in our Game does not mean we endorse that linked site. We are not liable for any claim relating to any content, goods and/or services of third parties.

Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you. Your relationship with that other company will control how it can use, store, and share your information.

10. Termination

We reserve the right without liability to terminate, suspend or restrict these Terms of Use or your Account, or your access to or use of the Game, with or without notice, for any reason, including but not limited to, if we believe that you have violated these Terms or any applicable laws or regulations. You agree that we shall not be liable to you or any third-party for any interference with or termination of your access to the Game.

11. Customer Service

If you have questions about your Account or the Game please contact us at legal@gaming-point.net. We will use commercially reasonable efforts to keep your Account and the Game operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. It is also possible that a failure of the Game may occur. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Game with or without notice. We shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to the Game.

12. Copyright Infringement

We may, in our sole discretion, remove any data and materials which you or any other users download when using the Game that appears to infringe on the intellectual property rights of others.

13. Disclaimer of Warranties

THE GAME IS PROVIDED ON “AS IS” BASIS AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY, THE APPLICABLE IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY AND WARRANTY PERIOD REQUIRED BY LAW. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE GAME. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OF THE GAME. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE GAME BY USERS OF THE GAME; OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY USERS THAT APPEARS THROUGH THE GAME.

14. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE GAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS’ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU ASSERT THE APPLICABLE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Force Majeure

We shall not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.

16. Notices

Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to us:

  • Name: GAMINGSENSE LIMITED
  • Address: Themistokli Dervi 3, Julia House, 1066, Nicosia, Cyprus
  • Email: legal@gaming-point.net

Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to you through a posting in the Game.

17. Enforceability

If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

18. Entire Terms

These Terms of use (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between Gamingsense and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

19. Changes to Terms

19.1. You can access these Terms of Use at any time by using the link at https://gaming-point.net/ru/privacy?id=1.

We can make changes to these Terms without any notice and at any time. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. Your continued access or use of the Game following changes to these Terms will be deemed acceptance of the applicable changes.

19.2. If you do not agree to any of these Terms of Use, do not use or access the Game.

19.3. If you have questions about these Terms of Use, please contact Us at legal@gaming-point.net

20. Applicable Law and Venue

These Term of Use shall be governed and construed subject to the laws of the Republic of Cyprus. You agree to submit to the jurisdiction of the Courts of the Republic of Cyprus in respect to any matters or disputes relating to our Game.