Gametop-Terms of Service SL


Version 1.0
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Welcome to Gametop minigame platform (the "Platform"), which is provided and operated by Gametop or one of its affiliates ("Gametop", "we" or "us").
THESE TERMS OF SERVICE AS WELL AS OTHER TERMS PUBLISHED BY US FROM TIME TO TIME SUCH AS COMMUNITY GUIDELINES AND OTHER ANNOUNCEMENTS(COLLECTIVELY, THE "TERMS"), GOVERN THE RELATIONSHIP AND SERVE AS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US AND SET FORTH THE TERMS AND CONDITIONS BY WHICH YOU MAY ACCESS AND USE the Platform, THE MOBILE APPLICATION, THE SOFTWARE IMBEDDED THEREIN, THE FEATURES AND FUNCTIONS THEREOF AND OUR RELATED WEBSITES, SERVICES, APPLICATIONS, PRODUCTS AND CONTENT (COLLECTIVELY, THE "SERVICES"). ANY REFERENCE TO THE "SERVICES" INCLUDES A REFERENCE TO ANY PART OF THE SERVICES. FOR PURPOSES OF THESE TERMS, "YOU", "USER" AND "YOUR" MEANS YOU AS THE USER OF THE SERVICES. OUR SERVICES ARE PROVIDED TO YOU ONLY FOR YOUR PRIVATE, NON-COMMERCIAL USE. PLEASE TAKE THE TIME TO READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLAY the Platform OR ACCESS THE SERVICES.


PLEASE NOTE THAT IF YOU ACCESS OR USE THE SERVICES FROM WITHIN A JURISDICTION FOR WHICH THERE ARE SEPARATE SUPPLEMENTAL TERMS, YOU ALSO AGREE TO THE SUPPLEMENTAL TERMS APPLICABLE TO YOU IN THE APPLICABLE JURISDICTION AS OUTLINED BELOW. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR JURISDICTION OF RESIDENCE (AT THE BOTTOM OF THESE TERMS). THESE SPECIFIC TERMS CONCERN IMPORTANT ASPECTS OF OUR AGREEMENT, INCLUDING, WITHOUT LIMITATION, HOW YOU CONSENT TO THESE TERMS, YOUR CONSUMER RIGHTS (INCLUDING YOUR CANCELLATION RIGHT, IF APPLICABLE), OUR RIGHTS TO TERMINATE YOUR ACCOUNT, YOUR RIGHT TO RECEIVE REFUNDS IN CERTAIN CASES, OUR WARRANTIES AND LIABILITY, AND THE LAW APPLICABLE TO THESE TERMS. IF THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THE SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC THAT ARE APPLICABLE TO YOU, AND THE REST OF THESE TERMS, THE RELEVANT JURISDICTIONS’ SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC WILL SUPERSEDE AND CONTROL.


ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN A MUTUAL AND MANDATORY AGREEMENT TO ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS IN SECTION 14 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION AGREEMENT, YOU AND Gametop AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, AND YOU AND Gametop WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.Age and Accepting the Terms
Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users 18 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By accessing or using our Services, you confirm that you are over 18 or of the legal age to enter into a contract in your jurisdiction and can form a binding contract with Gametop, that you accept these Terms and that you agree to comply with them.
Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms from that point onwards.
If you do not agree to these Terms, you must not access or use our Services.
You should print off or save a local copy of the Terms for your records.


2.Changes to the Terms


We may amend these Terms from time to time, to reflect changes to the Services, our users' needs, our business priorities or to reflect changes in law. We will notify all users of any material changes to these Terms, such as through a notice in our Game in advance. However, you should also look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the effective date of the new Terms constitutes your acceptance of the new Terms unless applicable laws state otherwise. If you do not agree to the new Terms, you must stop accessing or using the Services.


3.Your Account with Us


To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: gametop@mail.igamecreator.com
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
In some cases, you may use a third party account (e.g., Apple, Facebook, Google, as applicable) ("Third Party Account") to access additional features and functions of the Services. You agree that you are solely responsible (to us and to others) for your access and use of the Services and the activity that occurs under your account.
You acknowledge and agree that we have no obligations related to your Third Party Account, and all matters relating to any Third Party Account of yours shall be resolved exclusively by you and the relevant third party.
We reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your account also entails the termination of the license to use the Service, or any part thereof.
If you no longer want to use our Services again, and would like your account deleted, you can use in-game customer service channel/function or contact us at: gametop@mail.igamecreator.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have created, received, uploaded or stored within our Services under your account.


4.Virtual Items/Additional Content


During your use of the Service, you may acquire, by purchasing with real-world currency or otherwise, virtual currency, points, coins, tokens, virtual in-Game items (including without limitation downloadable content), achievements, progressions, or access to additional features, level, characters, maps or other content (collectively, "Virtual Items"). Such Virtual Items can only be used for your own benefit within the Platform, are of no monetary value and cannot be redeemed for cash or in-kind, sold or otherwise transferred unless explicitly permitted by us or in the Platform.
All Virtual Items are licensed to you rather than sold to you. You do not own or otherwise have proprietary rights of such Virtual Items.
All Virtual Items will be deleted or removed from your account when your account is terminated or deleted, and will not be retrievable, recoverable or refundable unless otherwise required by applicable laws.


5.Fees and Refund


In some cases, certain portions of the Platform may be accessed for free, but in other cases you may be required to pay a fee to access certain features of the Platform. If you purchase any paid Virtual Items, you shall make a purchase through the Apple App Store, Google Play store, or our authorised platforms. You agree to provide accurate and complete payment information to Apple, Google or our authorised platforms. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any paid Virtual Items from time to time as we may determine in our sole discretion. Any change will not affect Virtual Items you have already purchased at the time the change comes into effect.


Sales are final and we will not provide a refund unless otherwise required by applicable law. You must follow the applicable refund policy of Apple, Google or our authorised platforms. Your purchase will be subject to the applicable payment policy of Apple, Google or our authorised platforms. We may, but are not obligated to assist you with your refund application to Apple, Google or other platforms.
6.Intellectual Property Rights


A. Gametop Content
As between you and Gametop, Gametop owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, character likeness, artifacts, objects, inventories, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, game play, catch phrase, dialogue, chat log, recording and broadcasts of game, matches, battles, duels, in-game items, in-game activities, the selection and arrangement thereof and "look and feel" of the Services, and all intellectual property rights related thereto (the "Gametop Content"). It is understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services.
You acknowledge that your use of the Gametop Content for any purpose not expressly permitted by these Terms is strictly prohibited. Gametop Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You shall only use the Services as may be expressly provided in the Terms or to the extent permitted by law or (if applicable) relevant open source licenses. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services, including to download the Platform on a permitted device, and to access the Gametop Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Gametop reserves all rights not expressly granted herein in the Services (including Gametop Content). You acknowledge and agree that Gametop may terminate this license at any time for convenience subject to applicable law.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk.
The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. We make no representations, warranties or guarantees, whether express or implied, that any Gametop Content (including User Content) is accurate, complete or up to date. Where our Services may contain or allow users to share contents and links to other sites and resources provided by third parties, such content and links are provided for your information only. We have no control over the contents of those sites or resources. Such contents or links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
In order to maintain the positive and tolerant environment of our community, we have the right to supervise and manage the contents and links on the Services, but you acknowledge and agree that it is not our obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content)
B. User-Generated Content
a) intellectual property rights license
UGC or “User Content” is content of any kind or nature, whether material, assets, or otherwise, that Users upload to, create and publish on, or otherwise generate through or make available on the Services.
Any User that has caused UGC to be uploaded to, created and published on, or otherwise generated through or made available on the Services is subject not only to these User Terms but also to the additional Terms (if any).
As between Gametop and each user, and to the extent compliant with applicable laws, the user owns and retains all the copyright and other intellectual property rights of his/her User Content but the Company’s ownership of the copyright and other intellectual property rights of “Gametop Contents” is not affected thereby.
You understand and agree that any submissions of User Content by you will be subject to the following terms, regardless of any statements in your accompanying communication. By submitting User Content to us, you agree and acknowledge that:

• You irrevocably grant us and other users of the Services a perpetual and unlimited license and permission to reproduce, distribute, modify, publicly display, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, create derivative works of and otherwise use and exploit the User Content and derivatives thereof for any purpose and without restriction, free of charge, and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody User Content, whether in whole or in part, and whether as provided or as modified;
• You further grant us a royalty-free license to use information you provide to us, including your user name, image, voice, and likeness to identify you as the source of any of your User Content.
• You also acknowledge and agree the termination of your account or this agreement whether voluntary or involuntary will not affect the effectiveness of the above license and the legitimacy of the existing sub-license we made to other users or any other third parties.
• By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
• We are not obliged to consider, review or implement any User Content, or to ensure that any User Content is compliant with applicable laws or regulations and/or does not infringe the rights of third parties;
• We are not obliged to return all or any part of any User Content to you; and
• User Content is provided on a non-confidential basis; you must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. We are not obliged to keep any User Content you send confidential or to refrain from using or disclosing it in any way, though you may control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.

b) intellectual property rights protection
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. In particular, you must not upload any User Content which infringes any intellectual property rights
When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
We take reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Gametop’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who infringe copyrights or intellectual property rights of others.
You also acknowledge and agree that we shall have the right, at our discretion, to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the contact information set below:
gametop@mail.igamecreator.com


c) UGC content guideline
The information and materials in the User Content, including User Content that includes Gametop Content, have not been verified or approved by us. The views expressed by other users on the Services (including through use of virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Code of Conduct” below and our Community Guidelines.
You may also upload or transmit your User Content, including User Content that includes Gametop Content, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Code of Conduct” below and our Community Guidelines.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your User Content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Code of conduct” below or our Community Guidelines.
In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content at any time, including without limitation to those (i) that we consider to violate these Terms or applicable laws or regulations, or (ii) in response to orders, requests, directions or instructions from any court, tribunal, government authority or regulatory body, or complaints from other users or third parties, with or without notice and without any liability to you.
As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you come across or find inappropriate User Content that violates our Community Guidelines or have any other issues that you would like to raise, you can use the report button or send us a report to gametop@mail.igamecreator.com.


7.Equipment Requirement
To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.


8. Updates, Interruption and Termination of the Platform


From time to time, we have the right (but not obligation) to provide updates (e.g., patches or new features) to the Services for free or for a fee. We may also automatically update our Services and software using background patching with or without notifying you subject to applicable law. In such cases, you may be required to download and install the updates or the updated version of the Services in order to continue accessing or using the Services. You acknowledge and agree that such updates may affect your access to certain features of the Services and/or the necessary system specification required to play the Services. You understand and agree that you are solely responsible for obtaining and maintaining any necessary equipment to continue to access or use the Services.
You acknowledge that the Services or any part thereof may be interrupted for maintenance or reasons beyond our control. We make no guarantee that the Services will not be interrupted, and we shall not be liable for any interruption of the Services or any performance delay or failure regardless of the causes. You also acknowledge that the Services or any portions thereof may be unavailable to users in certain geographic locations.
We reserve the right to terminate the Services or any portions thereof at any time in our sole discretion, for any or no reason, and with or without notifying you, subject to applicable law.


9.Code of Conduct


Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may NOT:

• access or use the Services if you are not fully able and legally competent to agree to these Terms;
• except as expressly permitted by these Terms, applicable law or on the Platform, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any software, Virtual Items (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
• market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
• use the Services, without our express written consent, for any commercial, political or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any) or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• incorporate the Services or any portion thereof into any other program or product; in such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
• use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;
• impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
• intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• use or attempt to use another’s account, service or system without authorization from Gametop or create a false identity on the Services;
• use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
• use or exploit any cheats, bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage in game play;
• trade, sell, duplicate Virtual Items in or outside the Platform unless otherwise expressly permitted by Gametop;
• host, provide or develop matchmaking services for the Platform, unless otherwise expressly authorized by Gametop;
• use the Services to create, upload, transmit, distribute, display, store or otherwise make available in any way: (i) files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (ii) any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; (iii) any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance, social security numbers, identification numbers, passport numbers) or credit card numbers; (iv) any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; (v) any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; (vi) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; (vii) any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; (viii) any material that contains a threat of any kind, including threats of physical violence; (ix) any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality, or (x) any material that is objectionable on the grounds of public interest, public morality, public order, public security, or is otherwise prohibited by applicable laws or regulations;
  
• any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
• material that restricts or inhibits any other person from using the Services, or which may expose Gametop, the Services or its users to any harm or liability of any type.

• access or use the Services in a manner that violates applicable laws and regulations, including anti-money laundering and counter terrorist financing laws and export control and economic sanctions laws. Consistent with and in furtherance of this requirement, you agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Gametop hereunder, to any country or territory for which any other relevant jurisdiction requires any export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. You further agree not to export, re-export, or provide any of the Services in violation of applicable export controls or economic sanctions (a) into any country or territory against which comprehensive sanctions are imposed, administered, implemented and/or enforced by any relevant government authority or regulatory body, including Cuba, Crimea, Iran, North Korea, and Syria, or (b) to anyone listed on any list of prohibited or restricted parties issued and maintained by any relevant government authority or regulatory body, including but not limited to the United Nations Security Council Consolidated Sanctions List, the EU Consolidated Financial Sanctions List, and the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons List. At our sole discretion, we reserve the right to immediately suspend a user's use of the Services and/or terminate a user's account if we suspect money laundering, terrorist financing, activities that violate economic sanctions or export control laws, or other illegal activity by the user. We will not be liable for any loss or damage incurred by a user as a result of such suspension of the user's Services and/or termination of the user's account.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guideline.
We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Platform, Gametop content and Virtual Items, at our discretion for any reason or no reason with or without prior notice subject to applicable laws. Some of the reasons for which we may remove or disable your access to the Services or your content may include finding the content objectionable, that you or the content is in violation of these Terms or our Community Guidelines, or that your actions are harmful to the Services or our users.


10.Indemnity


You agree to, at your sole cost, defend, indemnify, and hold harmless Gametop, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) our use, non-use or publication of your UGC infringes any third party intellectual property rights; (iii) your access to or use of, activities in connection with, or the actual or threatened termination of your access to the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; (v) any misrepresentation made by you; and (vi) any harm, injury, loss or damage caused by you to other persons and/or entities (including without limitation to other users of the Services and Gametop) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party.


11.EXCLUSION OF WARRANTIES


CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CAN NOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.


THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR WILL NOT INFRINGE ANY PERSON’S RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS); OR
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO ACCURACY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU.


YOUR USE OF THE SERVICE MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY (I) WE CAN NOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY, AND (II) DATA, MESSAGES, INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.


12.LIMITATION OF LIABILITY


NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.


SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT OR ANTICIPATED SAVINGS (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OR CORRUPTION OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO Gametop WITHIN THE LAST 12 MONTHS.


WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
• ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
• YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
• OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR PERSONAL AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.


THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.


YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.


TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.


13.Privacy Policy


By accessing and using our Services, you also acknowledge and agree to our collection, use, disclosure or processing of your Personal Data in accordance with our Privacy Policy. For information on how we may collect, use, disclose or process your personal data when you access or use the Services, please refer to our Privacy Policy. Our Privacy Policy can be found directly on the Services, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference.
14.Other Terms

• Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction-Specific, these Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or relating to these Terms or prior versions thereof, including any question regarding existence, breach, interpretation, validity, enforcement, or termination of these Terms; the Services; the Platform; Gametop Content; your relationship with us; the threatened or actual termination of your access to the Services or Game payments made to you or payments made or allegedly owed to you; or any other claims (collectively, "Covered Matters") shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of one arbitrator nominated jointly by the Parties, or failing such joint nomination, the Chairman for the time being of the SIAC. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.

• Class Action Waiver. Subject to the Supplemental Terms –Jurisdiction-Specific, any action brought by you, including without limitation arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.

• Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and Gametop and govern your use of the Services and completely replace any prior agreements between you and Gametop in relation to the Services.

• Links. You may link to our home page or page of the Platform or Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at "Code of Conduct" above. We reserve the right to withdraw linking permission without notice.

• No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

• Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Game to access our Services. You should use your own virus protection software.

• Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

• Open Source. The Services may contain certain open source software. Each item of open source software is subject to its own applicable license terms.

• Translations. In the event of any conflict or inconsistency between the Terms in the English and any translation thereof in any other language, the English version shall prevail unless otherwise required by applicable law.

• Any Questions? Get in touch at gametop@mail.igamecreator.com.

Supplemental Terms – Jurisdiction-Specific
INDONESIA


1. The following paragraph is added to Section 1 (Age and Accepting the Terms):


If you are (i) below 21 years old and not married or (ii) under legal guardianship, your parent or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Services for such user.


2. Section 14 (Other Terms – Translations) is modified to state:

These Terms are prepared in the English language and other languages. In the event of any inconsistency or different interpretation between the English text and the non-English text, the English text shall prevail and the relevant non-English text shall be deemed to be automatically amended to conform with and to make the relevant non-English text consistent with the relevant English text.


3. The following paragraph is added to Section 14 (Other Terms):


We and you expressly agree to waive and set aside our respective rights and obligations under any applicable laws in the event of any termination of these Terms to the extent that such law requires any judicial pronouncement for the termination of these Terms."