TERMS OF SERVICEThese Terms of Service govern your rights and obligations, as users of the portals administered and managed by Gamernizer. Unless otherwise provided by Gamernizer, this Terms of Service shall govern all new portals introduced and managed by Gamernizer.
By registering an account with Gamernizer and accessing any of the Portals, you acknowledge and accept that your usage of the Portals (or any of them) shall be governed by these Terms of Service and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by Gamernizer at any time or from time to time at its absolute discretion.
1. DefinitionsIn these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires:
means your account duly registered with Gamernizer to facilitate you using the Services available on the Portals (or any of them);
means a person who purchases items on the Portals;
means the goods and services listed by you for sale on the Portals and "Item" shall mean any one of them;
means collectively, Gamernizer and you and "Party" shall mean any one of them;
means collectively, the web portals presently known as Gamernizer.com and such other web portals of Gamernizer administered and managed by Gamernizer;
means the services provided by Gamernizer on the Portals, including, without limitation, reselling and retailing online games and related merchandises, games publishing, online marketplace for sale of Items, subject to the conditions in these Terms of Service;
Terms of Service :
means these Terms of Service governing the use of the Services by you as may be amended at any time and from time to time as and when Gamernizer shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, Terms of Service for products, services or facilities, as determined by Gamernizer from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Service and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; and
Virtual Items :
means collectively, virtual in-games items and virtual currency, including, without limitation, virtual coins, token or points acquired in the course of playing games on the Portals.
2. License to UseIn consideration of you agreeing to these Terms of Service and your continuing observance and compliance of these Terms of Service, Gamernizer hereby grants you a non-exclusive, non-transferable license to access the Portals and use the Services upon the terms and subject to the conditions stated herein.
3. Representations and WarrantiesEach time when you access the Portals (or any of them), you irrevocably and unconditionally represents and warrants that:
- you are above 18 years old. Should you be less than 18 years old, your parents are aware and have consented to you accessing the Portals and using the Services;
- your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;
- you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose the your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;
- save as otherwise permitted by Gamernizer, you shall not, directly or indirectly, use the Services for any commercial purposes;
- you shall not to use the Portals or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties;
- you shall not use any intellectual property belonging to Gamernizer or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of Gamernizer; and
- you shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Portals or the employees of Gamernizer.
- you shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the portals
4. Use of Services
- You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Portals (or any of them)
- It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that Gamernizer may issue from time to time. Gamernizer shall not be liable for any errors, losses or damages caused by your use of the Services.
- It is your responsibility to secure the information of your Account. Any notification or confirmation received by Gamernizer from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
- Gamernizer shall not be liable for acting on the notification or confirmation sent through your Account. Gamernizer shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Gamernizer shall deem such notification or confirmation irrevocable and binding on you upon receipt notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify Gamernizer upon receipt of incomplete, garbled or inaccurate data or information from Gamernizer. You shall also immediately notify Gamernizer upon receipt of any data or information that is not intended for you and you shall delete such data or information from your Account.
- You acknowledge and agree that Gamernizer may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
- Unless otherwise permitted by Gamernizer in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
- You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Portals.
- You irrevocably and unconditionally allow and permit Gamernizer to send to your Account updates on services and events offered or provided by Gamernizer.
5. Virtual Items
- All Virtual Items reflected in the game titles hosted by Gamernizer are not actually owned by you.
- You merely have a license to use the Virtual Items on the Portals (or any of them) in accordance with such terms as Gamernizer may impose from time to time.
- The value of the Virtual Items reflected in the game titles hosted by Gamernizer does not represent any credit value in real currency. The Virtual Items cannot be exchanged for real cash.
- Unless otherwise permitted by Gamernizer in writing, you are prohibited from selling, transferring or otherwise dispose of the Virtual Items to any other persons, whether within or outside the confines of the Portals (or any of them).
- You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by Gamernizer at its absolute discretion.
- You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
- Gamernizer shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
- Gamernizer shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you.
7. Availability of Services
- The Services are usually available on a daily basis unless otherwise specified herein.
- There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of Gamernizer. Gamernizer makes no warranty that the Services will be available at the times stated herein.
- Unless otherwise provided in these Terms of Service, Gamernizer shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
- Notwithstanding any provisions to the contrary in these Terms of Service, Gamernizer
shall be entitled to:
- immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or
- impose conditions or restrictions on your use of the Service without notice.
- In addition to and not in derogation of Clause 7, if you do not utilize the Services for a continuous period of three (3) months, Gamernizer may, at its absolute discretion, charge a fee for the maintenance of your Account.
8. Limitation on Liability
- You agree and confirm that you shall not hold Gamernizer, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these Terms of Service.
9. Intellectual Property Rights
- All copyrights, trade marks, service marks belong to the corresponding owners/publishers and Gamernizer is not related or associated to any of the said owners/publishers in any respect. All services offered on the Portals are offered by Gamernizer, not the owners/publishers.
10. Reliability of Portals
- You are aware that all transactions conducted on the Portals are through telecommunication and data network.
- You are fully aware that your receipt of the notification from Gamernizer and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that Gamernizer cannot guarantee the prompt delivery of such notification or confirmation.
- You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
- You shall immediately notify Gamernizer if you are aware or believe your Account has been hacked or compromised.
- You shall be liable for all transactions conducted through your Account at any time prior to the receipt by Gamernizer of your notification as stated in Clause 10.
12. Disclosure of Information
- Gamernizer shall be entitled and you irrevocably and unconditionally consents and
authorizes Gamernizer to the extent permitted by law, to disclose or release any
information pertaining to you or your transactions through the Portals to such extent that
Gamernizer may at its absolute discretion deem fit to:
- such persons as Gamernizer may be required to disclose under the applicable law;
- such other persons or entity pursuant to any governmental directive or order of the court; or
- any other party whomsoever as Gamernizer deems fit.
- Save as otherwise permitted in Clause 11, Gamernizer will not disclose your personal information to any other party without prior notification to you.
13. Applicable Laws and Regulations
- Your use of the Services shall be governed by the jurisdiction where the contracting entity of Gamernizer is domiciled.
- Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
- For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
- You shall fully indemnify, defend and hold Gamernizer and its related corporations harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision of this Clause 12.
14. Suspension, Termination, Cancellation of Services
- The Services (or any part thereof) may be cancelled by Gamernizer at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as Gamernizer may at its absolute discretion determine.
- Gamernizer reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that Gamernizer may at its absolute discretion determine.
- Upon cancellation or termination of the Services (or any part thereof):
- all rights granted to you hereunder shall immediately terminate and shall revert to Gamernizer;
- you shall immediately pay to Gamernizer all outstanding fees and charges due and owing to Gamernizer;
- Gamernizer may at its absolute discretion, decide not to act on any request received by Gamernizer after the effective date of termination;
- Gamernizer may at its absolute discretion, decide not to act on any confirmation or request received by Gamernizer between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
- you hereby irrevocably and unconditionally authorizes Gamernizer to deduct all money due and owing by you to Gamernizer (if any) from the moneys that are payable by Gamernizer to you in respect of the delivered Purchased Items.
- All notices and documents required to be given by you under these Terms of Service to Gamernizer shall be sent to Gamernizer by registered post to the Gamernizer’ address listed on the Portals. Any notice or document sent by you to Gamernizer shall be deemed served when Gamernizer receives such notice or document.
- All notices and documents required to be given by Gamernizer under these Terms of
Service to you shall be sent to you by any one of the following methods:
- electronic mail to your last known electronic mail address according to Gamernizer’ records;
- posting the notice or communication on the Portals;
- notices placed with or in any of Gamernizer’ written communications to you;
- notices placed through any media; or
- any manner of notification as Gamernizer may at its absolute discretion determine.
- Any notice or document or communication given by Gamernizer to you shall be deemed to be served and received by you on the day following the sending of such notice or document.
16. Waiver And Severance
- Any failure by Gamernizer to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service.
- In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable Gamernizer shall amend that provision in such reasonable manner as would achieve the intention of Gamernizer or at the discretion of Gamernizer it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.
- These Terms of Service may be modified, added to, deleted or varied by Gamernizer by way of posting on the Portals or in any such other manner as Gamernizer may in its absolute discretion determine.
- You agree that continued use of the Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).
- You may not assign its rights under these Terms of Service without the prior written consent of Gamernizer.
19. Binding Effect
- These Terms of Service shall be binding on your heirs, personal and legal representatives, and estate, successors-in-title and permitted assigns (where applicable) you.