Effective Date: 12th June 2017
These Admin Terms of Service (the "Admin Terms") describe your rights and responsibilities when accessing or using 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").
If you are a Admin (defined below), these Admin Terms govern your access and use of our Services Licensed Applications. If you are joining a published game ("Project") using a Player Account, the End-User Software License Agreement (the "EULA") govern your access and use of the Services. We are grateful you're here.
These "Admin Terms" form a part of a Legally Binding "Contract" These Admin Terms (or, if applicable, your written agreement with us) and any Order Form(s) (defined below) together form a binding "Contract" between
As part of the Admin Terms, you agree to comply with the most recent version of our Community Guidelines, which is incorporated by reference into the Admin Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Admin Terms 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 create your own games using our Services, you have to subscribe to one of Gametize's Subscription plans and create an admin account with Gametize ("Admin Account").
If you register and create a Admin 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 Admin Account, whether authorised by you or not. In the event where there is unauthorised use of your Admin Account, you shall notify Gametize immediately.
During the use of the Services, you may 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.
If you purchase subscription(s), create a Project (i.e., a unique URL where a group of users may access the Services and join the unique Project, as further described in our Help Centre pages), invite users to that game, allow public users to join your Project, or use or allow use of that Project after being notified of a change to these Admin Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Admin. Please make sure you have the necessary authority to enter into the Contract on behalf of Admin before proceeding.
"Admin" is the organization that you represent in agreeing to the Contract. If your Project is being set up by someone who is not formally affiliated with an organization, Admin is the individual creating the Project. For example, if you subscribed using a personal email address and invited a couple of friends to your Project to play but haven't formed a company yet, you are the Admin.
For purposes of these Admin Terms, Admin Data and End-User Data are collectively known as "Content".
If you subscribed to a plan using your corporate email domain, your organization is Admin, and Admin can moderate Content in the Project and access of the Project (including your access to that Project created) and otherwise exercise its rights under the Contract. If Admin elects to replace you as the representative with ultimate authority for the Project, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or Admin to facilitate the transfer of authority to a new representative of Admin. For further information, kindly contact our Customer Support Officer.
Individuals authorised by Admin to access the Services, through an explicit invitation to a private Project or through an implicit invitation by making the Project public, (an "Authorised End-User") 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") and Gametize and Admin are granted 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. For more information on End-User Data, you may want to have a look at our EULA.
Admin may also 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 a Gametize Admin Account holder, you may generate content to the Services and Licensed Applications, such as creating unique games with a combination of Projects, Topics, Challenges and Flashcards. You may also submit content or information to the Services and Licensed Applications, such as text, photos, sounds, music, videos audiovisual combinations, interactive features and other materials ("Admin Data"). You understand that Gametize does not guarantee any confidentiality with respect to any Admin Data you submit.
You retain all your ownership rights in your Admin Data which you created and 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 Admin Data for publication on the Services and Licensed Applications pursuant to these Admin Terms.
When an Admin User creates and submits Admin Data to the Services or Licensed Applications, you acknowledge and grant Gametize 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 Admin Data terminate within a commercially reasonable time after you remove or delete your Admin 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 Admin Data which have been removed or deleted.
However, the above licenses granted by you in User Comments you submit are perpetual and irrevocable.
A subscription allows an Admin to access the Services to create Projects. A subscription may be procured through the Services interface (Gametize Website), or in some cases, via an order form entered into between Admin and us (each, an "Order Form"). Please see the Subscription Plans for more information on procuring subscriptions and features you are entitled to. Subscriptions commence when we make them available to Admin and continue for the term specified in the Services "check-out" interface or in the Order Form, as applicable. Each subscription is for a single Project for a specified term. We sometimes enter into other kinds of ordering arrangements, but that would need to be spelled out and agreed to in an Order Form. During an active subscription term, upgrading the Subscription Plan or purchasing a new Subscription Plan for another unique Project is fairly easy. Unless the Order Form says otherwise, Admin may purchase more subscriptions at the same price stated in the Order Form and all will terminate on the same date. Check out our Help Centre for additional information on how to use our Services.
We may share information about our future product plans because we like transparency. Our public statements about those product plans are an expression of intent, but do not rely on them when making a purchase. If Admin decides to subscribe to our Services, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features.
Occasionally, we look for beta testers to help us test our new features. These features will be identified as "beta" or "pre-release," or words or phrases with similar meanings (each, a "Beta Product"). Beta Products may not be ready for prime time so they are made available "as is," and any warranties or contractual commitments we make for other Services do not apply. Should Admin encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to iron out issues before making a new feature widely available.
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 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.
Admin must comply with the Contract and ensure that its Authorised End-Users joining your Project as Players comply with the Contract and the EULA. We may review conduct for compliance purposes, but we have no obligation to do so. We aren't responsible for the content of any Admin Data or End-User Data or the way Admin or its Authorised End-Users choose to use the Services and Licensed Applications to store or process any End-User Data. The Services and Licensed Applications are not intended for and should not be used by anyone under the age of 13. Admin must ensure that all Authorised End-Users are over 13 years old before inviting the Authorised End-User to his Project.
If we believe that there is a violation of the Contract that can simply be remedied by an Admin's removal of certain Content or Admin's disabling of a Third-Party Content, we will, in most cases, ask Admin to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Admin does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, the Licensed Applications, Authorised End-Users or any third parties.
For Admins who subscribe to our Services, subscription fees are specified at the Services interface "check-out" and in the Order Form(s) - and must be paid in advance. Payment obligations are non-cancellable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event Admin downgrades any subscriptions from a paid plan to a free plan, Admin will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. Check out our Subscription Plans pages for more information about payment options. If we agree to invoice Admin by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). Admin will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income.
Any Coupon Code which is redeemed by the Admin into the Admin Account will expire following expiration or termination of the applicable Contract or immediately after the defined date of expiry, whichever is earlier, will have no currency or exchange value, and will not be transferable or refundable.
If any fees owed to us by Admin (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given Admin ten (10) or more days' prior notice that its account is overdue. Notwithstanding the second paragraph of the "Providing the Services" section below, Admin acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to End-User Data and Admin Data, as illustrated by comparing the plans in the Subscription Plans guide.
We will make the Services and Licensed Applications available to Admin and its Authorized End-Users as described in the Contract. Be assured that:
For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavour to provide Admin and Authorised-End Users with advanced notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes.
The protection of Admin Data and End-User Data are our top priorities for us so we will maintain administrative, physical, and technical safeguards. Those safeguards will include measures for preventing unauthorised access, use, modification, deletion and disclosure of Admin Data or End-User Data by our personnel without your expressed or implied consent. Before sharing Admin Data or End-User Data with any of our Third-Party service providers, we will ensure that the Third-Party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Admin Data and End-User Data and preventing unauthorised access. We are not responsible for what Admin's Authorised Users or Third-Party do with Admin Data or End-User Data.
We may leverage our employees, those of our corporate affiliates and Third-Party contractors (the "Gametize Extended Family") in exercising our rights and performing our obligations under the Contract. We will be responsible for the Gametize Extended Family's compliance with our obligations under the Contract.
As between us on the one hand, and Admin and any Authorised Users on the other, Admin will own all Admin Data, and Authorised End-Users will own their End-User Data. Subject to the terms and conditions of the Contract, Admin and Authorised End-Users grant us and the Gametize Extended Family a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Content, and any Third-Party Content created by or for Admin.
We own and will continue to own our Services and Licensed Applications, including all related intellectual property rights. We may make software components available, as part of the Services. We grant to Admins a non-sublicensable, non-transferable, non-exclusive, limited license for Admin and its Authorised End-Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the EULA. All of our rights not expressly granted by this license are hereby retained.
As further described below, a free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates., whichever earlier. Termination of the Contract will terminate all subscriptions and all Order Forms.
Unless an Order Form says something different:
We or Admin may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. We may terminate the Contract immediately on notice to Admin if we reasonably believe that the Services or Licensed Applications are being used by Admin or its Authorised End-Users in violation of applicable law.
Admin may terminate its free subscriptions immediately without cause. We may also terminate Customer's free subscriptions without cause, but we will provide Admin with thirty (30) days prior written notice.
Upon any termination for cause by Admin, we will refund Admin any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Admin will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Admin of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
We are custodians of Admin Data and End-User Data. During the term of a Project's subscription, Admin will be permitted to export or share certain Content from the Services, such as Analystics; provided, however, that because we have different products with varying features and Admin has different retention options, Admin acknowledges and agrees that the ability to export or share Content may be limited or unavailable depending on the type of Services plan in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of a Project's subscriptions, we will have no obligation to maintain or provide any Content and may thereafter, unless legally prohibited, delete all Content in our systems or otherwise in our possession or under our control.
Admin represents and warrants that it has validly entered into the Contract and has the legal power to do so. Admin further represents and warrants that it is responsible for the conduct of its Authorised End-Users joining his Project and their compliance with the terms of this Contract and the EULA.
Except as expressly provided for herein, the services, licensed applications and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Customer acknowledges that we do not warrant that the services will be uninterrupted, timely, secure, or error-free.
Other than in connection with a party's indemnification obligations hereunder, in no event will either admin's or the Gametize extended family's aggregate liability arising out of or related to the contract or the EULA (whether in contract or tort or under any other theory of liability) exceed the total amount paid by customer hereunder in the twelve (12) months preceding the last event giving rise to liability. The foregoing will not limit admin's payment obligations under the "payment terms" section above.
In no event will either admin or any member of the Gametize extended family have any liability to the other party or to any third-party for any 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 possibility of such damages. The foregoing disclaimer will not apply to the extent prohibited by applicable law.
Admin is responsible for all login credentials, including usernames and passwords, for Admin Accounts. We will not be responsible for any damages, losses or liability to Admin, Authorised End-Users, or anyone else, if such information is not kept confidential by Admin or its Authorised End-Users, or if such information is correctly provided by an unauthorised third-party logging into and accessing the Services or Licensed Applications.
The limitations under this "Limitation of Liability" section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this "Limitation of Liability" section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.
Admin 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:
The sections titled "Feedback is Welcome", "Third-Party Content", "Our Removal Rights", "Payment Terms", "Coupon Code Redemption", "The Gametize Extended Family", "What's Yours is Yours...", "And What's Ours is Ours", "Effect of Termination", "Data Portability and Deletion", "Representations; Disclaimer of Warranties", "Limitation of Liability", "Indemnity", "Survival", as well as all of the provisions under the general heading "General Provisions," will survive any termination or expiration of the Contract.
Admin grants us the right to use Admin's company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Admin's standard trademark usage guidelines as provided to us from time-to-time. We don't want to list Admins who don't want to be listed, so Admin may send us an email to firstname.lastname@example.org stating that it does not wish to be used as a reference.
Neither us nor Admin will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Except as otherwise set forth herein, all notices under the Contract will be by email, although we may instead choose to provide notice to Admin through the Services (e.g., Notifications). Notices to Gametize will be sent to email@example.com.
Notices will be deemed to have been duly given
As our business evolves, we may change these Admin Terms and the other components of the Contract (except any Order Forms). Please review the most current version of the Admin Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Admin (or any Authorised End-User) accesses or uses the Services or Licensed Applications after the effective date, that use will constitute Admin's acceptance of any revised terms and conditions.
No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.
The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract 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 Contract will remain in effect.
Except with respect to the Gametize Extended Family, neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety (including all Order Forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Customer will keep its billing and contact information current at all times by notifying Gametize of any changes. Any purported assignment in violation of this section is void. A party's sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party's election, termination of the Contract upon written notice to the assigning party. In the event of such a termination by Admin, we will refund Admin any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, the Contract will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
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 these Admin Terms 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 these Admin Terms or its 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 Admin Terms, 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.
The Contract, including these Admin Terms and all referenced pages and Order Forms, if applicable, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Without limiting the foregoing, the Contract supersedes the terms of any online agreement electronically accepted by Admin or any Authorised End-Users. However, to the extent of any conflict or inconsistency between the provisions in these Admin Terms and any other documents or pages referenced in these Admin Terms, the following order of precedence will apply:
Please also feel free to contact us if you have any questions about Gametize's Admin Terms. You may contact us at firstname.lastname@example.org or at our mailing address below:
Gametize Pte. Ltd.
21 Woodlands Close
Primz Bizhub #08-34
-The Gametize Team