Terms of Service
These are the terms of service (the "Terms")of TRADISTAR SASU (a company incorporated under the laws of France with company RCS number 752 280 412) . Registered Office: 400 Avenue Roumanille / ZAC St Philippe II - 06410 Biot, France. Tradistar is the editor and Gamsify is the commercial name of the studio. (hereafter "TRADISTAR", "GAMSIFY", "us" or "we").
These Terms of Service ("Terms") govern the legal relationship between you ("User" or "you") and GAMSIFY, regarding your use of any Gamsify's games such as AnagrApp, AnagrApp Cup, or other future Games (each a "Game" and collectively "Games"), website(s), mobile applications, and related services, whether accessed via web browser, social networking sites (for example, Facebook) or as apps via platforms (for example, Apple's 'App Store', Google Play, Windows Phone, Blackberry World, Amazon AppStore for Android) (each a "Platform" and together the "Platforms"). Use of the Games is also governed by Gamsify's Privacy Policy ("Privacy Policy"). The Privacy Policy, which is incorporated herein by reference, describes how Gamsify collects and uses your information and how you can use the Games to share information with others.
By creating an account when needed with Gamsify or accessing or using the Games, you accept and agree to be bound by these Terms and consent to the collection, use and storage of your information as outlined in Gamsify's Privacy Policy.
If, at any time, you do not agree to any portion of the then-current version of these Terms, the Privacy Policy, or any other Gamsify policy, rules or codes of conduct relating to your use of the Games, you must immediately stop using the Games and your license to use the Games shall immediately terminate
YOUR USE OF THE GAMES
When you can use our Games
In order to obtain a right to play our Games and purchase virtual items ("Virtual Items") you represent that:
- you own the device you are using to access and play each Game and, if you purchase Virtual Items, that you are legally entitled to make such purchases using the payment functionality that is provided in a Game;
- you are not located in a country that is: (i) subject to a US Government embargo or has been designated by the US Government as a 'terrorist supporting' country; and (ii) you are not listed on any US Government list of prohibited or restricted parties;- the information you provide to us is true and accurate and you will update such information when necessary;
- you have not previously been banned or blocked from using either any Game or any Platform;
- if you download any Game from a Platform you must have a valid account with a Platform (the "Platform Account"); and you will not:
- copy, sublet, lease license, loan, lend, sell, trade or otherwise deal with or exploit the Games or any Virtual Items;
- use the Games or any Virtual Items for any illegal activities;
- use the Games or any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libelous, discriminatory or otherwise, in GAMSIFY's opinion, offensive;
- use the Games or any Virtual Items to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of GAMSIFY.
You need to be over a certain age to play our Games or use our services. The minimum age varies depending on your country of origin.
GAMSIFY has been developed for users that are thirteen (13) years old minimum or more. If you are under eighteen (18) years old, you may access GAMSIFY provided that you are under the supervision of your parents or legal representatives and provided that they have read and agreed to these Terms of Service.
Acceptance and updating of these Terms
If you have a Platform Account and download a Game from a Platform or if you participate in a Game via browser, site or any other platform you are deemed to accept and agree to these Terms. If you do not agree to these Terms, do not download, play and/or otherwise participate in a Game as it is prohibited without accepting the Terms You acknowledge that these Terms: (a) apply from the date on which you first download one of our Games: (b) apply to your use of any of our Games and to all Virtual Items: and (c) form a legally binding contract between you and GAMSIFY, not with any Platform provider. GAMSIFY is solely responsible to you for the Games and their content, not the Platform provider. GAMSIFY may change these Terms at any time without notice. If you do not agree to the changes in the Terms, you must stop using the Games. Your continued use of the Games is deemed as indication of your acceptance of such changes in the Terms.
By using our services, you confirm that you have read and understood these terms and agree to abide by them. You confirm that you are old enough to enter into a binding agreement with us, and if not, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these terms. You warrant that you are the owner of the device to which you have downloaded any App, or that you have obtained permission from the owner of that device to download the App. You accept responsibility in accordance with these terms for the use of Apps on any device, whether or not that device is owned by you.
GAMSIFY may update these terms from time to time. If any changes to the terms are made, we will notify you. From time to time, updates to Apps may be issued through your app store provider. Depending on the update, you may not be able to use an App until you have downloaded the latest version of the App and accepted any new terms.
Privacy Policy ("PP")
The information, including personal data, that we collect about you and the ways in which we use it are covered in our PP which can be found on our websites e.g. http://www.gamsify.com/privacy-policy/
You Cannot Use the Games If You Violate the License
Any use of the Games in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE GAMES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GAMSIFY GAME IS A VIOLATION OF THESE TERMS AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that GAMSIFY deems to be in conflict with the spirit or intent of the Games, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
b. Make improper use of GAMSIFY's support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
c. Use the Games, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Games or any GAMSIFY game experience;
e. Use the Games in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Games or any GAMSIFY game experience;
f. Without GAMSIFY's express written consent, modify or cause to be modified any files that are a part of the Games;
g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Games or any GAMSIFY game environment (each a "Server");or (2) the enjoyment of the Games or any GAMSIFY game by any other person;
h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Games;
i. Attempt to gain access to the Games, other user's Accounts or to the computers, Servers, or networks connected to the Games by any means other than the user interface provided by GAMSIFY, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Games;
j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including GAMSIFY employees or customer service representatives;
m. Make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
n. Without GAMSIFY's express written consent, use the Games or any part thereof for any commercial purpose;
o. Use the Games or any part thereof for performing in-game services in exchange for payment outside the Games
p. Use any third party software that accesses, intercepts, or otherwise collects information from or through the Games or that is in transit from or to the Games;
q. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Games;
r. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
s. Bypass any measures GAMSIFY employs to restrict access to the Games;
t. Use any software, technology, or device to scrape, spider, or crawl the Games, or harvest or manipulate data available via the Games;
u. Use, facilitate, create, or maintain any connection to any unauthorized server that emulates, or attempts to emulate any part of the Games;
v. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Games, or to obtain any information from the Games using any method not expressly permitted by GAMSIFY; or
w. upload or transmit or attempt to upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices.
Special TermsThe Platform provider's terms and conditions also apply to your use of the Games and your purchase of Virtual Items (the "Platform Terms"). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail to the extent the conflict relates to use of the Platform. In addition to the Platform Terms, further special terms and conditions also apply to your use of our Games, depending on how you access them. For example, if you access Games through Facebook using its "Facebook Connect" functionality, Facebook's terms of service may apply. Also, from time to time we, or one of our business partners or another third party, may operate a competition or promotion that is subject to additional further terms. Each of these are "Special Terms". If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.
Grant of a License
In consideration of your agreement to be bound by these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license permitting you to play our Games for your personal, non-commercial, entertainment purposes. You must not try to hack or otherwise try to gain unauthorized access to any Game or software. GAMSIFY owns (or has a license to use) all rights, title and interest, including without limitation any intellectual property rights) in and to the Games (including all copyrights in the underlying software code and in the visual artwork and graphics as well as musical composition and audio-visual effects and all trade mark rights in the Games' titles, but excluding any User Content). By using our Games under license you do not acquire any intellectual property rights in our Games.
The Games and Everything That Make Up the Games Belong to GAMSIFY
The Games (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, character profile information, recordings of games played using a GAMSIFY game client, and the GAMSIFY game clients and server software) are copyrighted works owned by GAMSIFY. GAMSIFY reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Games.
You agree that you have no right or title in or to any content that appears in the Games, including without limitation the Virtual Items appearing or originating in any GAMSIFY game, whether "earned" in a game or "purchased" from GAMSIFY, or any other attributes associated with an Account.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT OR ANY VIRTUAL ITEMS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GAMSIFY.
User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a GAMSIFY game client or the Games, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code. Further, you acknowledge and agree that any of your personal information within such content will at all times be processed by GAMSIFY in accordance with its Privacy Policy.
You are entirely responsible for all User Content you post or otherwise transmit via the Games. GAMSIFY assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Games for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content, although GAMSIFY may choose at any time, in its sole discretion, to monitor the Games and to edit, refuse to post, remove, or record and store any User Content.
You hereby grant GAMSIFY a perpetual, irrevocable, worldwide, fully paid-up, royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to reproduce, distribute, display, perform, create derivative works, transmit, make, use, sell, and otherwise use, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
Virtual Items
Virtual Items can be "purchased" or "earned" in our Games. There are two types of Virtual Items available:
- "virtual currency" means currency that you cannot physically touch such as virtual tokens, coins, cash, points, bonuses, or other form of virtual currencies and that can be used within Games to purchase "virtual goods"; and
- "virtual goods" means anything virtual which can be used by you within a Game to enhance your player experience and might include access to particular features, shortcuts, the use of a specific tool or equipment with special powers, enhancement of your game status or the ability to move up a level or to complete a Game more quickly.
Purchasing or Earning Virtual Items
GAMSIFY offers you the opportunity to either:
- purchase Virtual Items within the Game for 'real' money ;
- earn Virtual Items through participating in the Game itself.
In the future it may offer you the opportunity to also earn Virtual Items as part of GAMSIFY's or third parties' promotional offers, competitions or actions;
License to Virtual Items
Your use of Virtual Items is subject to the following license:
- Virtual Items are not redeemable or refundable. Once you have purchased Virtual Items you will not get the 'real' money you paid back as Virtual Items have no monetary value. Any virtual currency balance shown in your Platform Account does not constitute a real-world balance or reflect any stored value, but measures the extent of your limited license to use Virtual Items within the Games;
- Virtual Items are personal to you and non-transferable. This means that only you can use your Virtual Items and you cannot permit anyone else to use them whether via your Platform Account or otherwise. You cannot trade your Virtual Items in any way whether by selling them for real money to other players, exchanging them for other items or dealing or disposing of them in any other way (with the exception of any in-Game Virtual Item auction function that GAMSIFY may elect to offer);
- your right to use Virtual Items ends as a result of the Platform provider having to suspend or close your Platform Account pursuant to these Terms; and
- your right to use Virtual Items expires 5 year after date of purchase unless GAMSIFY decides, in its sole discretion, to provide you with a refund or applicable law entitles you to a refund for any unused virtual currency.
Accounts
In order to access and use the Games, you may be required to create an account with GAMSIFY (an "Account"), have a valid account on the social networking service through which you connect to the Games, or have an account with an applications provider for your mobile device.
When creating or updating an Account, you may be required to provide GAMSIFY with certain personal information, which may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Privacy Policy and other relevant notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to GAMSIFY, and that you will update that information promptly after it changes. You understand that your user name and profile picture will be publicly available.
GAMSIFY reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
You agree that you will not share the Account or the Login Information, let anyone else access your account, or do anything that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your login information, you must immediately notify GAMSIFY and modify your Login Information.
You are solely responsible for maintaining the security of your Account, and you will be responsible for all uses of the Account, including purchases, whether or not authorized by you.
Price
The price payable by you for Virtual Items (the "Price") is indicated within the applicable Game at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. GAMSIFY reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.
Errors
GAMSIFY uses reasonable efforts to ensure that errors and mistakes do not occur in the Games in relation to pricing and your purchase and use of the Games or Virtual Items. However:
- GAMSIFY reserves the right to void any such obvious error or mistake however it arises or results including, for example, errors or mistakes due to human error or technical fault resulting in, for example, a virtual currency being mispriced giving you an opportunity to profiteer from such a mispricing. You will forfeit any Virtual Items you obtain as a result of such an error or mistake; and
- if the price or specification published within a Game is materially incorrect when you place an order for those Virtual Items and you contact GAMSIFY to inform us of this incorrect information, we will: (i) provide you with the correct Price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable Virtual Items at the correct Price or specification. If applicable, GAMSIFY will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected Price or product specification, GAMSIFY will provide you with a full refund for any amounts already paid by you.
Availability of Virtual Items
GAMSIFY reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from GAMSIFY through the Game or as otherwise expressly authorized. GAMSIFY reserves the right to refuse any request to purchase Virtual Items for any reason.
Reimbursement
GAMSIFY may cancel a payment and make a reimbursement to you, including any transaction fees incurred with Payment Providers, if it has reason to believe: (a) any purchase is incomplete; or (b) any purchase is made, or GAMSIFY suspects it is made, fraudulently or in an otherwise non-bona fide manner.
Waiver of withdrawal rightWhen purchasing Virtual Items, you agree that you have no right to withdraw from your purchase once the download of any Virtual Item is complete, due to the nature of these goods.
Payment Methods
Payment methods accepted by GAMSIFY are as per those payment methods provided by the relevant Platform provider, such as Apple, Google, Amazon, Facebook or similar within the Game at the point of sale.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
What is not Excluded or Limited
None of the exclusions or limitations in these Terms shall exclude or restrict GAMSIFY's liability for death or personal injury caused by its negligence or for any fraudulent misrepresentation or for any other liability that cannot be excluded or limited under applicable mandatory law.
Implied Terms
The express provisions of these Terms are in place of and hereby disclaim all warranties, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Indemnity
You indemnify and hold GAMSIFY, and its affiliates, and its and their officers, directors, agents and employees, harmless from any losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any breach by you of any of these terms or applicable law; your misuse of the services; User Generated Content you provide or post; your infringement of intellectual property rights or any other third party rights; and/or your failure to provide accurate, up to date information.
No Warranties
GAMSIFY provides the Games and all Virtual Items to you on an 'as is' basis. GAMSIFY does not warrant that access to any Game will be uninterrupted, reliable or fault free. GAMSIFY does not warrant to you that any Game will be accurate, complete or reliable. While GAMSIFY uses reasonable efforts to ensure the Games are available to you 24 hours a day, GAMSIFY will not be liable to you if for any reason the Games are unavailable at any time or for any period. Access to the Games may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond GAMSIFY's control. GAMSIFY may also need to modify or maintain any of the Games at any time. If this need arises, GAMSIFY may suspend access to the Games or any part of them or close them indefinitely. If the Game has been downloaded from a Platform, you and GAMSIFY acknowledge that the Platform provider has no obligation whatsoever to provide you with any support or maintenance services in relation to the any of our Games. You acknowledge that GAMSIFY and not the Platform provider is responsible for addressing any product liability claims, any failure to comply with regulatory or legal requirements, or claims relating to consumer protection or similar legislation.
NEITHER GAMSIFY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "GAMSIFY PARTIES") WARRANT THAT THE GAMES WILL BE UNINTERRUPTED OR ERROR-FREE.
Disclaimers
The material within the services is provided "as is", without any conditions, warranties or other terms of any kind (other than those required by applicable law and which cannot be excluded by contract) and is used by you at your own risk. Accordingly, to the maximum extent permitted by law, we provide you with the services on the basis that we exclude all representations, warranties, conditions and other terms which, but for these terms, might have effect in relation to the services.
While we endeavor to ensure that the Content contained within the services is correct, we do not warrant the accuracy and completeness of that Content. We may make changes to the Content at any time without notice. The Content may be out of date and GAMSIFY makes no commitment to update such material.
GAMSIFY does not provide medical advice and the services are not provided for the purpose of treating, assisting with, or providing any advice in relation to, any medical conditions. GAMSIFY makes no claims, representations or warranties that the services provide any medical or therapeutic benefit. Any health information included in the services or linked to from the services is for general information purposes only and should not be relied upon. If you want medical advice you should contact a doctor. If you have an existing condition such as epilepsy, or motion sickness which you think may be affected by using the services, you should contact a doctor before using the services.
Waiver and Limitations of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE GAMSIFY PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GAMSIFY IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID GAMSIFY ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GAMSIFY IS TO STOP USING THE GAMES AND TO CANCEL YOUR ACCOUNT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE GAMES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) AND THAT THE GAMSIFY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE GAMES.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE GAMSIFY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GAMSIFY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE GAMES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE GAMES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GAMSIFY.Reasonableness
You agree that each of these exclusions, disclaimers and limitations is reasonable having regard to the nature of the Games. Each of the above exclusions, disclaimers or limitations shall be construed as a separate, and severable, provision of our contract with you.
THIRD PARTIES AND ADVERTISING
Third Party Advertising
You understand that the Games may feature advertisements in the future from GAMSIFY or third parties.
GAMSIFY may provide links to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Games and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. GAMSIFY makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from Games, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of GAMSIFY and may collect data or solicit personal information from you. GAMSIFY is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by GAMSIFY of these linked sites.
Third Party Links
Certain links including hypertext links, from the Games and from any social networking platform you are using, may take you outside the Games and any social networking platform from which the Games are accessed. This does not imply endorsement by GAMSIFY of the linked site, its operator or its content. You acknowledge that GAMSIFY does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which it is your responsibility to review.
GENERAL
Suspension and Termination of Access
WITHOUT LIMITING ANY OTHER REMEDIES, GAMSIFY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE GAMES OR PORTIONS THEREOF IF YOU ARE, OR GAMSIFY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF PORTION OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAMES, WITH OR WITHOUT NOTICE TO YOU. AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, YOU CAN LOSE YOUR USERNAME AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, VIRTUAL ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE GAMES, AND GAMSIFY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
GAMSIFY reserves the right to stop offering and/or supporting the Games or a particular game or part of the Games at any time either permanently or temporarily, at which point your license to use the Games or a part thereof will be automatically terminated or suspended. In such event, GAMSIFY shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Games.
You Agree to Indemnify GAMSIFY for Your Bad Acts
You agree to indemnify, save, and hold GAMSIFY, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including without limitation legal fees and expenses, arising out of your use or misuse of the Games, or any violation or breach by you of these Terms. GAMSIFY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GAMSIFY, and you agree to cooperate with GAMSIFY's defense of these claims. GAMSIFY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Games.
Dealings in Rights and Obligations
GAMSIFY may assign its rights and/or transfer its obligations under these Terms to any third party including being able to sub-license and/or sub-contract its rights and obligations under these Terms to any third party.
Severability
You and GAMSIFY agree that if any portion of these Terms or the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
Entire Agreement
These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including GAMSIFY's Privacy Policy), contain the entire understanding of you and GAMSIFY, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
Third Parties
You and GAMSIFY acknowledge that if the Game was purchased through a Platform, such as the Apple Store, such Platform provider and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you to the extent permitted by applicable law.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with substantive French law, unless another country's law applies due to applicable mandatory consumer legislation. Any disputes arising out of or in connection with these Terms shall be settled by the French courts.
Complaint and Disputes
Please contact us immediately using our contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in our Games, in relation to our Virtual Items or in relation to GAMSIFY generally; or (b) believe that any act or omission by GAMSIFY or one of our players is in breach of applicable law. GAMSIFY will then consider your concerns and decide whether to take action and whether or not any other player has in GAMSIFY's opinion, breached any of these Terms. GAMSIFY will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Platform providers have no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of the Games. The right to complain of a defect in the Games or Virtual Items ends after three years.
General
These terms and the relationship between you and GAMSIFY shall be governed by the laws of France without regard to any conflict of law provisions of any jurisdiction. Both you and GAMSIFY agree to submit to the exclusive jurisdiction of the French courts, except that GAMSIFY may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ("Event Outside Our Control"). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:
a. our obligations under these terms shall be suspended for the duration of the Event Outside Our Control; and
b. we will use our reasonable endeavors to find a solution by which our obligations under these terms may be performed despite the Event Outside Our Control.
No person other than you and GAMSIFY shall have any rights under these terms in relation to your use of the services. We may transfer our rights and obligations under these terms to another organization, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms if we agree in writing.
Any failure of or delay by GAMSIFY to exercise or enforce any right or provision of the terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect.
You agree that these terms represent the entire understanding between you and GAMSIFY in respect of your relationship with GAMSIFY. These terms supersede any previous agreements between you and GAMSIFY including any previous version of these terms.
Our contact details
If at any time you would like to contact us about your views on these Terms please send an email to us at privacy@gamsify.com or write to us at TRADISTAR SASU 400 Avenue Roumanille / ZAC St Philippe II - 06410 Biot, France