Effective Date: 12th June 2017
This End-User Software License Agreement (the "EULA") govern your access and use of the Gametize Website or any Gametize products, software, data feed and services provided to you on, from, or through the Gametize Website (collectively, the "Services") and use of our Applications (the "Licensed Applications").
Please read them carefully. We are grateful you're here.
The EULA is a legally binding contract between
As part of the EULA, you agree to comply with the most recent version of our Community Guidelines, which is incorporated by reference into the EULA. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the EULA or the Community Guidelines, you confirm that you have read, understand and agree to be bound by the EULA and the Community Guidelines.
In order to access the Services and Licensed Applications, you have to register and create a personal account with Gametize, or alternatively create an account with Gametize using your Facebook login particulars or Twitter login particulars ("Player Account").
If you register and create a Player Account with the Application Provider, you will be asked to choose a user name and a password.
You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Player Account, whether authorised by you or not. In the event where there is unauthorised use of your Player Account, you shall notify Gametize immediately.
During the use of the Services, you will be invited to refer your friends to register with and use the Licensed Applications, by sending them an invite through e-mail, Facebook or Twitter. In the event where you decide to send such invitations, you represent to Gametize that the recipients of such invitations have given you their consent to receive such invitations from you, and do not consider such invitations unsolicited.
Our Services enable you to join game(s) ("Project(s)") created by Admins who subscribe to our Services. A Project is the overall umbrella term for a game. A typical project will consist of one or multiple Topics, which would consist of one or multiple Challenges and Flashcards to interact with.
An organisation or other third-party that we refer to in the EULA as "Admin" has invited you to a Project (i.e., a unique URL where a group of players may access the Services and participate in uniquely created Projects powered by Gametize). If you are joining one of your employer's Projects, for example, Admin is your employer. If you are joining a Project created by your friend using his Gametize Admin Account registered under his personal email address, he is our Admin and he is authorising you to join his Project.
As an End-User, you may also join Projects which are publicly published on our Services. The person who created and is the owner of the Project is the Admin and you are the End-User.
Admin has separately agreed to our Admin Terms of Service or entered into a written agreement with us (in either case, the "Contract") that permitted Admin to create and configure a Project so that you and others could join (each invitee granted access to the Services, including you, is an "Authorised End-User") or ("Players").
The Contract contains our commitment to deliver the Services to Admin, who may then invite (in the case of privately published Projects) and allow (in the case of publicly published Projects) Authorised End-User to join his Project(s).
As a Gametize Player Account holder, you may submit content or information to the Services and Licensed Applications, such as text, photos, sounds, music, videos audiovisual combinations, interactive features and other materials ("End-User Data"). You understand that Gametize does not guarantee any confidentiality with respect to any End-User Data you submit.
You retain all your ownership rights in your End-User Data which you uploaded onto the Services and Licensed Applications.
You license to Gametize all patent, trademark, trade secret, copyright or other proprietary rights in and to such End-User Data for publication on the Services and Licensed Applications pursuant to this EULA.
When an Authorised End-User (including, you) submits End-User Data to the Services or Licensed Applications, you acknowledge and grant Gametize and the Admin a worldwide, non-exclusive, royalty-free sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Licensed Applications and Gametize's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service and Licensed Applications (and derivative works thereof) in any media formats and through any media channels.
The above licenses granted by you in End-User Data terminate within a commercially reasonable time after you remove or delete your End-User Data from the Service and Licensed Applications.
You understand and agree, however, that Gametize may retain, but not display, distribute or perform server copies of your End-User Data which have been removed or deleted.
However, the above licenses granted by you in User Comments you submit are perpetual and irrevocable.
You also acknowledge and agree that the Contract provides Admin with many choices and control over that End-User Data. For example, Admin may provision or deprovision access to the Services and Licensed Applications, enable or disable third-party integrations, vote, share and moderate User Completions and User Comments, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all End-User Data.
AS BETWEEN US AND ADMIN, YOU AGREE THAT IT IS SOLELY ADMIN'S RESPONSIBILITY TO
GAMETIZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
For purposes of this EULA, End-User Data and Admin Data collectively known as "Content".
The Services are not intended for and should not be used by anyone under the age of thirteen. You represent that you are over the age of 13 and are the intended recipient of Admin's invitation to the Services and Licensed Applications (in the case of privately published Projects). You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true.
To help ensure a safe community, all Authorised End-Users must comply with our Community Guidelines and remain vigilant in reporting inappropriate behaviour or content to Admin and us.
The EULA remain effective until your access to the Services has been terminated by us. Please contact us if you at any time or for any reason wish to terminate your Gametize Player Account, including due to a disagreement with any updates to the EULA or the Community Guidelines.
All intellectual property, including but not limited to, patents, copyrighted material, trademarks, names and logos used in the Licensed Application or delivered via the Services are owned by Gametize unless otherwise stated or indicated. Your use of the Licensed Application does not allow you to infringe those rights or the intellectual property rights of third-parties which may exist in content contained in the Licensed Application or delivered via the Services. No license is expressly or impliedly granted within or as a result of your use of the Licensed Application in respect of any intellectual property. Without Gametize's prior written consent, you agree not to display or use in any manner, Gametize's intellectual property, in particular, Gametize's trademarks, names and logo.
Pursuant to the terms of this EULA, you may download and install the Licensed Applications to your supported device, and access and use the Services, solely for your own personal and non-commercial use. You may not:
Pursuant to the terms of this EULA, you agree to the following:
You shall submit End-User Data to the Service and Licensed Applications which will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material.
You shall not submit End-User Data or any other material to the Service and Licensed Applications that is contrary to the Gametize Community Guidelines, currently found at www.gametize.com/communityguidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
You shall be solely responsible for your own End-User Data and the consequences of submitting and publishing your End-User Data on the Services and Licensed Applications. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish End-User Data you submit.
Gametize does not endorse any Admin Data or End-User Data submitted to the Services and Licensed Applications by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Gametize expressly disclaims any and all liability in connection with such content. Gametize does not permit copyright infringing activities and infringement of intellectual property rights on the Service and Licensed Applications, and Gametize will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Gametize reserves the right to remove Content without prior notice.
If we believe that there is a violation of the Contract, EULA, the Community Guidelines, or any of our other policies that can simply be remedied by Admin's removal of certain End-User Data or taking other action, we will, in most cases, ask Admin to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your Account) if Admin does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Licensed Applications, Authorised End-Users, or any third-parties
TO THE EXTENT NOT EXPRESSLY PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY DEATH OR PERSONAL INJURY, LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY'S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. UNLESS YOU ARE ALSO AN ADMIN (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. IN NO EVENT SHALL GAMETIZE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY THE APPLICABLE LAW OF A JURISDICTION) EXCCEED THE AMOUNT OF FIFTY SINGAPORE DOLLARS (SGD$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitation of liability for death or personal injury, or incidental or consequential damages; this limitation may not apply to you.
The sections titled "The Relationship between You, Admin and Us", "Limitation of Liability", and "Survival", and all of the provisions under the general heading "General Provisions" will survive any termination or expiration of the EULA.
Any attempt to engage in any of the aforesaid restrictions in "A Few Ground Rules" section will otherwise be a fundamental breach of the EULA and a violation of the rights of Gametize and the rights of its licensors. Gametize reserves the right to discontinue any aspect of the Service and Licensed Applications at any time.
If you breach any of the aforesaid restrictions, Gametize shall have the right to terminate the EULA and you may be subject to civil and criminal liability. The terms of this EULA will govern any updates provided by Gametize which replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license agreement in which case the terms of that license agreement shall govern.
As part of the Services we provide, you may receive push notifications, local client notifications, alerts or other types of messages sent to you outside or inside the Licensed Applications ("Push Notifications"). You can opt in or out of these Push Notifications through the Services or through your mobile device's operating system.
The Services and Licensed Applications enable access and may contain links to third-party services and web sites ("Third-Party Content") that are not owned or controlled by Gametize. Gametize has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
By using the Licensed Application and the Services, you acknowledge and agree that Gametize is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual property rights compliance, legality, decency, quality or any other aspect of such Third-Party Content.
You shall, at all times, exercise your own judgment and discretion in deciding whether to join or participate in any merchant programs made available through the Licensed Applications and the Services. Gametize does not endorse or make any representation or warranty, express or implied, in respect of any merchant programs or products offered thereunder and disclaims any responsibility in respect of any terms and conditions of any merchant programs. You shall be solely responsible for assessing and agreeing with the terms and conditions of any merchant program and communicating with any participating merchant in respect of any matter or dispute relating to any merchant program.
No failure or delay by either party in exercising any right under the EULA, including the Community Guidelines, will constitute a waiver of that right. No waiver under the EULA will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.
The EULA, including the Community Guidelines, will be enforced to the fullest extent permitted under applicable law. If any provision of the EULA is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the EULA will remain in effect.
You may not assign any of your rights or delegate your obligations under the EULA, including the Community Guidelines, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign the EULA in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.
You agree to defend, indemnify and hold Gametize, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable solicitor's fees and costs, arising out of or in way connected with:
If any party is prevented from performing any of its obligations under this EULA due to any cause beyond the party's reasonable control, the time for that party's performance will be extended for the period of the delay or failure to perform due to such cause, except that you will not be excused from the payment of any sums of money owed by you to Gametize to such cause.
The parties shall each do all such acts, matters and things as may be reasonably necessary to give full effect to this EULA.
Each party shall pay its own costs and expenses in connection with this EULA.
A person who is not a party to this EULA has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this EULA. Feedback is Welcomed The more suggestions our Admin and Authorised End-Users make, the better the Services become. If you send us any feedback or suggestions regarding the Services, there is a chance we will use it, so you grant us (for itself and all of its Authorised Users and other Customer personnel) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Admin and any Authorised User. If we choose not to implement the suggestion, please don't take it personally. We appreciate it nonetheless.
The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the laws of the Republic of Singapore, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
The laws of the Republic of Singapore shall govern this EULA and your use of the Services and Licensed Applications, and the courts of Singapore shall have exclusive jurisdiction over any and all disputes arising out of or in connection with this EULA, including the Community Guidelines, or their formation as a contract between us or their enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the EULA, the prevailing party will be entitled to recover its reasonable costs and counsel's fees. Your use of the Services and Licensed Applications may also be subject to other local, state, national, or international laws.
Please also feel free to contact us if you have any questions about Gametize's EULA. You may contact us at firstname.lastname@example.org or at our mailing address below:
Gametize Pte. Ltd.
138 Robinson Road
Oxley Tower #07-04
-The Gametize Team