Terms and Conditions of Use
The following capitalized words and terms used hereinafter shall have the following meanings, unless the context clearly indicates otherwise.
Account – a profile created on the Site by a visitor to enable that visitor to more features of the WebSite
Forum Facility – the option to use and the use of a forum facility by the User on the Site to communicate with other Users
Blog Facility – the option to use and the use of a blog facility like comments after the posts by the User on the Site to communicate with other Users
Communication – the Insite E-mail and/or the Forum and Blog Facility
Site – the web site www.gamedais.com
Advertisement – advertisement purchased by the User for money which can be applied to acquire certain Goods
Insite E-mail – the option to use and the use of the e-mail account provided by GameDais to the User to communicate with other Users
Intellectual Property – the Trade Marks, the Site Content and the Software
Platform – the Site and any other online or mobile platform provided by GameDais on which the User may access the Services
Services – the services provided on any Platform, including but not limited to Communication
Software – the software to operate the WebSite, including the Communication
Site Content – the content on the Site, including but not limited to the designs, images, pictures, graphics, photographs, animations, videos, music, audio and text
Trade Marks – the brand name(s) and logo(s) displayed on the Site, including but not limited to “GameDais” and any other trade marks, service marks and/or trade names used by GameDais
User – a visitor of the Site who opens and activates an Account on the Site
2. The Agreement
2.1 The Agreement should be read by the User in its entirety prior to the use of the Services. By using the Services and/or by opening an Account and/or by clicking on the “I agree” button when the User registers to join, the User agrees to comply with the Agreement. If the User does not agree with the Agreement, he/she shall immediately stop using the Services and the Site and cancel and remove his/her Account, if any.
2.2 If this Agreement is translated into another language, the English language will prevail in the event of any conflict between the translation and the English language version.
2.4 GameDais will be entitled to amend the Agreement at any time either by e-mailing the User a notification of the new term(s) and/or by publishing the modified term(s) on the relevant page of the Platforms or any place through which the User accesses the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to the User, the User’s only recourse is to terminate the Agreement. The User’s continued use of the Services beyond the thirty (30) day period will be deemed binding acceptance of the modification(s). It is the User’s sole responsibility to review the Agreement and any amendments each time the User uses the Services.
3.1 A visitor may only become a User if he/she is the legal age as determined by the laws of the country where this visitor resides unless he/she has the express consent of his/her legal guardians at the time of opening the Account.
3.2 GameDais makes no representation or warranty with respect to the legality of the accessing and use of the Site and the Services in the User’s country of residence and it is solely the User’s responsibility to determine whether such accessing and use of the Site and the Services is legal.
3.3 GameDais will be entitled to request the User to submit further registration details and/or proof of his/her age or consent of his/her guardians, proof of identity, proof of address and other information necessary for the operation of the Account at any time. Failure by the User to submit such information within a reasonable time gives GameDais the right to terminate and cancel the User’s Account with immediate effect. In this event paragraph 10.5 (ii) shall not apply.
3.4 The opening of an Account can be accomplished by filling out a form on the Site and by providing the information requested therein. The User hereby warrants and guarantees that all the information provided by the User is and shall be true, accurate and complete.
3.5 The User shall inform GameDais of any changes to the registration details as soon as possible after such change has occurred.
3.6 Upon filing the online application form to open an Account GameDais shall as soon as reasonably possible send a confirmation e-mail to the applicant acknowledging receipt of the application. Such confirmation e-mail shall not be considered the acceptance by GameDais of the visitor as a User. The visitor shall only be deemed accepted as a User once he/she has received an e-mail with a link to the Site to activate the Account with the username and password as reported by the User in the application form.
3.7 Once the Account has been activated by the User, the User may use the Services.
3.8 A User may only open one (1) Account and is not allowed to open multiple Accounts.
3.9 GameDais reserves the right to cancel and remove the Account of any User at any time if, in its own discretion, the User has breached or failed to comply with this Agreement. In this event paragraph 10.5 (ii) shall not apply. Furthermore, the User whose Account has been cancelled and removed will have no claim for reinstallment of the Account and/or damages.
3.10 The User is solely responsible for his/her Account and the use thereof. For reasons of security, GameDais recommends that passwords should be changed regularly.
3.11 In the event that GameDais has justifiable reasons to believe that an unauthorized third party is wrongly in possession of access data of a User, it may, at its own discretion, change the Account access data without prior notice to the User holding the Account or suspend this Account. GameDais shall promptly inform the rightful User and will, upon request, provide new access data to this User. The User will have no right to claim that the original access data be restored.
4.1 GameDais offers the User the possibility of using the Services.
4.2 Participation in the WebSite shall be for entertainment purposes only.
4.3 The Services do explicitly not include the establishment of internet access, the connection to web sites and (other) sites, and third-party software such as browsers or access software.
4.4 A visitor of the Site has no right to claim the opening of an Account and/or the use of Services. The acceptance of visitors as Users shall be solely at the discretion of GameDais.
4.5 The WebSite has its own WebSite Rules which can be found on the Site.
4.6 GameDais reserves the right to amend, update and enhance the WebSite and/or other Services at any time, without having to notify the User thereof. By visit the WebSite and using the other Services the User automatically consents to such amendments, updates and enhancements. The User has no right to demand the continuation of the Services as they were offered at the time of the creation of the Account.
5. The Communication
5.1 The User is provided with the possibility to use the Communication.
5.2 The Use of the Communication is unlimited and free of charge.
5.3 The User shall not use the Communication to (1) provide content or conduct himself/herself in any way that: may be (a) construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libellous, vulgar, hateful, obscene, offensive, racially, ethnically, pornographic, false or misleading, or otherwise objectionable, (b) designed to interfere or interrupt the Site or any Service provided, (c) infected with a virus or other computer code, files or programs designed to interrupt, (d) giving rise to civil or criminal liability, or in violation of applicable local, national or international law, (2) impersonate any person or entity, or falsely state or otherwise misrepresent the User’s association with any person or entity, (3) collect of harvest any data about other Users of the Site, or (4) provide or use the Site for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters or other form of advertising without GameDais’s prior written consent.
5.4 GameDais reserves the right to remove any content submitted by a User which, in its own discretion, appears to be in breach of paragraph 6.3. The User is not entitled to demand that such removed information be restored. Furthermore, GameDais will be entitled to exclude the User who breaches paragraph 6.3 from continued use of the Services and to terminate the User’s Account without prior warning. In such event paragraph 10.5 (ii) shall not apply. In addition, GameDais reserves the right to claim damages if there are grounds for doing so.
5.5 The User shall inform GameDais as soon as possible in case he/she becomes aware of a breach of paragraph 6.3 by another User or third parties.
5.6 The User is solely responsible for the use of the Communication and any content provided or conduct in this respect.
5.7 GameDais cannot be held responsible or liable in any way for information provided through the Communication, including but not limited to its accuracy, completeness and reliability.
6. User Restrictions and Obligations
6.1 The User is prohibited to use the Services for illegal or unauthorized purposes.
6.2 The use of artificial intelligence software to systematically or automatically control the WebSite or individual WebSite functions such as bots, macros, etcetera or to reproduce or evaluate the WebSite, WebSite components or content provided on any Platform is prohibited.
6.3 The User may not use the Account, username or password of another User.
6.4 The User shall inform GameDais without delay about any errors in the Software.
6.5 The User agrees to indemnify and hold GameDais and its affiliated companies, directors, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s conduct, the User’s provision of content, the User’s violation of this Agreement, or the User’s violation of any rights of another.
6.6 The User agrees to indemnify and hold GameDais and its affiliated companies, directors, officers, agents, employees, and partners harmless from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, that may arise as a result of any breach of this Agreement by the User.
7. Intellectual Property
7.1 The User acknowledges and agrees that the Intellectual Property is owned and is the exclusive property of GameDais and GameDais reserves all rights to the Intellectual Property.
7.2 The User hereby acknowledges that by using the Services and/or the Site and/or the Software he/she obtains no rights in any of the Intellectual Property and he/she may only use the same in accordance with this Agreement.
7.3 GameDais hereby grants the User a non-exclusive, non-transferrable, non-sublicensable right to use the Software on the Site, to read and review the WebSite contets like text, images, videos etc.
7.4 The User hereby acknowledges that it is not in GameDais’s control how the Software is used by the User. The use of the Software and the other Services is at the User’s own risk and in no event shall GameDais be liable to the User for any direct, consequential, incidental or special damage or loss of any kind resulting from such use by the User.
7.5 The Software may include confidential information which is secret and valuable to GameDais. The User is not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this Agreement.
8.3 GameDais will use the User’s data for purposes such as managing the User’s Account and/or resolving technical problems.
8.4 GameDais may use the User’s e-mail address to inform him/her about promotions and special offers or to perform market research. The User can indicate on the Site if he/she does not wish to receive such e-mails.
8.5 GameDais will not otherwise provide the User’s data to third parties without the User’s prior permission, unless it is required to do so on the ground of a statutory provision.
9. Term and Termination
9.1 This Agreement takes effect as of the moment the Account is activated by the User in accordance with paragraph 3.
9.2 This Agreement is entered into for an indefinite period of time.
9.3 This Agreement may be terminated by either party with immediate effect at any time and for no reason. No notice period of termination shall apply.
9.4 Upon termination of this Agreement by either party:
- the User may cancel and remove his/her Account himself/herself by logging in on the Site and removing the Account;
- insofar the User has not cancelled and removed his/her Account himself/herself, GameDais shall immediately cancel and remove the User’s Account;
- the User’s right granted to him/her under paragraph 8.3 shall immediately cease to exist.
9.5 Upon termination of this Agreement by GameDais:
- GameDais shall immediately cancel and remove the User’s Account and inform the User thereof;
10.1 Unless explicitly otherwise stipulated in the Agreement, all communication with the User shall generally take place via e-mail to the e-mail address provided by the User when opening the Account. GameDais, however, reserves the right to correspond with User by other means as well.
10.2 The User is solely responsible for setting and maintenance of the spam filter and for regularly checking all incoming e-mails to his/her e-mail address provided by the User when opening the Account.
10.3 The User may contact GameDais only per e-mail to the following e-mail address: [email protected]
10.4 In the communication to GameDais the User shall always indicate which specific Services the correspondence pertains to.
11. Disclaimer and Limitation of Liability
11.1 The User agrees that he/she is free to choose whether or not to use the Services and does so at his/her sole option, discretion and risk.
11.2 GameDais shall not be liable to the User or any third party in contract, tort, negligence, or otherwise, for any damage or loss whatsoever arising from or in any way connected with the User’s, or any third party’s, use of the Software or the Services, whether direct or indirect, including but not limited to damage for loss of business, loss of profits, loss of data on the User’s computer, business interruption, or any other pecuniary or consequential loss, including but not limited to damage or loss caused by viruses or spyware.
11.3 GameDais does not warrant that the Software or the Site will be non-infringing or that the operation of the Software or the Site will be error free or uninterrupted or that any defects in the Software will be corrected, or that the Software or the servers are virus-free. GameDais shall not be liable to the User or any third party for any costs, expenses, losses or claims arising or resulting from errors in the Software or the Site. In the event of such errors GameDais reserves the right to remove the WebSite or certain WebSite components from the Software and the Site and take any other action to correct such errors.
11.4 GameDais neither provides nor installs any part of the Software of other software required by the User on his/her computer. It is the User’s sole responsibility to maintain the computer in a state which enables the use of the Software. GameDais does not provide any kind of technical support for the use of the Software nor for the installation of locally-required software.
11.5 GameDais grants the User access to the Software and its Services in its current version only. The User has no right to claim the maintenance or restoring of a particular version or range of functions of the Software and/or the Services.
11.6 The User confirms that GameDais shall not be liable to him/her for any modifications to, suspension of or discontinuance of the Software or any of the Services.
11.7 GameDais explicitly distances itself from and is not responsible for the contents of any web sites linking directly or indirectly to the Site and shall not be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with the User’s use of any linked web site.
11.8 GameDais explicitly distances itself from and is not responsible for the contents of any web sites to which there are direct or indirect links from the Site and shall not be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with the User’s use of any linked web site.
12. Governing Law and Jurisdiction
12.1 This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
12.2 Any dispute in connection with or resulting from this Agreement shall be exclusively submitted to the competent court in the United Kingdom.
13.1 This Agreement and the documents referred to herein represent the complete and final agreement between the User and GameDais and supersedes any and all prior agreements between the User and GameDais.
13.2 The User will not be entitled to transfer or assign or encumber any of his/her right under this Agreement without the prior written consent of GameDais.
13.3 In the event that a provision of this Agreement is invalid, illegal, not binding, or unenforceable (either in whole or in part), the remainder of this Agreement shall continue to be effective to the extent that, in view of the Agreement’s substance and purpose, such remainder is not inextricably related to and therefore inseverable from the invalid, illegal, not binding or unenforceable provision.
13.4 GameDais may at any time set off its obligations towards the User under this Agreement, in whatever currency and whether or not due and payable, against any claims which it may have against the User, in whatever currency and whether or not due and payable, under this Agreement or on any other ground. The User may not set off his/her obligations towards GameDais under this Agreement against any claims which he/she may have against GameDais under this Agreement or on any other ground.
Please Note: The views expressed here belong to the author and do not necessarily reflect the views and opinions of gamedais.com
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