Welcome to Gamar Ltd. (https://www.gamar.com/). These terms of service govern your use of any products or services of Gamar including, without limitation, the Gamar website and any online or mobile games or applications (collectively the “Gamar Services”). By accessing or using the Gamar Services, you (“customer” or “user” or “player”) imply that you have read, understood, and agree to be bound by these terms of service (“Terms of Service”).
These Terms of Service form a legally binding contract between you and Gamar. By using any Gamar Services, you affirm that you are at least 13 years of age. If you are under the age of 18 years, you may not access or use the Gamar Services without (a) the consent of your parent or guardian, (b) his or her agreement to these Terms of Service on your behalf, and (c) his or her agreement to take full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You may not access or use the Gamar Services if you are unable to form a legal binding agreement with Gamar. If at any time you choose not to accept these Terms of Service, you should not access or use the Gamar Services.
Content from the Gamar services provided by Gamar, its affiliates, employees, agents, representatives, licensors, or other third party partners including or other trademarks, logos, trade names, slogans, text, files, images, photos, videos, 3D models, animations, sounds, musical works, works of authorship or other materials or content (“Gamar Content”) is the property of Gamar and is protected by appropriate trademark, copyright, trade secret or other related laws both in the United Kingdom and internationally.
Most of Gamar Services may require or allow you to download software from the app stores, software updates or patches, or other utilities and tools onto your computer and mobile devices (“GAMAR Software”). Gamar grants to you a non-exclusive, limited license to use Gamar Software solely for the purpose stated by Gamar at the time the Gamar Software is made available to you and in accordance with these Terms of Services. Your use of the Gamar Software maybe subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access Gamar Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Gamar Software. You may not modify Gamar Software or use it in any way not expressly authorized in writing by Gamar. You understand that Gamar’s introduction of various technologies may not be consistent across all platforms and that the performance of Gamar Software and related Gamar Services may vary depending on your computer and other equipment. From time to time, Gamar may provide you with updates or modifications to Gamar Software. You understand that certain updates and modifications may be required in order to continue use the Gamar Software and Gamar Services.
Gamar may find it necessary to update, or reset the Gamar services. These updates or resets may cause you setbacks within the relevant Gamar service and may affect your Gamar scores or achievements under your control. Gamar reserves the right to make these updates and is not liable to you for these changes.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Some Gamar Services require payment of a fee. Gamar reserves the right to change our fees or billing methods at any time. If your use of Gamar Services is subject to use or sales tax, then Gamar may also charge you for any such taxes, in addition to the subscription or other fees. You may pay fees using the methods available for the particular Gamar Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Gamar Service. As permitted under the terms of this Agreement, Gamar has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Gamar Services without notice, refund, obligation, or liability to you. In the event that Gamar suspends or terminates your Account or these Terms of Service you understand and agree that you shall receive no refund or any Content or data associated with your Gamar Account, or for anything else.
Gamar does not guarantee that any Gamar Services or Content will be available at all times or at any given time or that we will continue to offer particular Gamar Services or Content for any particular length of time. Gamar shall have the right (but not the obligation) to terminate your Account for non-use if you have not used your Account for a period of twelve (12) months or more.
Gamar may terminate any Gamar Services at any time without notice of such termination. Gamar may also terminate your Account(s) for violation of these Terms of Service, illegal or improper use of your Account, or illegal or improper use of Gamar Services or Content as determined by Gamar in its sole discretion. You may lose your user name and persona as a result of Account termination. If you have more than one (1) Account, Gamar may terminate all of your Accounts. In response to a violation of these Terms of Service or any other agreement applicable to Gamar Services accessed by you, Gamar may issue you a warning, suspend your Account, selectively remove content associated with your Account or immediately terminate any and all Accounts that you have established. You acknowledge that Gamar is not required to provide you notice before suspending or terminating your Account. If Gamar terminates your Account, you may not participate in a Gamar Service again without Gamar’s express prior written permission. You shall not allow any third party to use your Accounts (except, a parent or guardian if you are under the age of 18).
If you are a copyright owner or an agent thereof and believe any Content infringes upon your copyrights, you may submit a notification of claimed infringement by providing notice to Gamar through the email address: firstname.lastname@example.org containing the following information:
Gamar grants you a personal, limited, non-transferable, non-exclusive license to use Gamar Content solely for your personal, private and non-commercial use in connection with the Gamar Services accessed by you. You may not copy or download any Content from a Gamar Service except with the prior written approval of Gamar or the owner of such Content. In addition, without the prior written approval of Gamar, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Gamar Services you are using. Making unauthorized copies or distribution of Content may result in the termination of your Gamar Account(s), prohibition on use of Gamar Services, and further legal action. Any owner of the Content may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify, defend and hold harmless Gamar, its affiliates, employees, agents, representatives, licensors or other third party partners from any breach of these Terms of Services, any unauthorized or illegal conduct by you, or through the use of your Account, on Gamar Services.
An account (“Account”) may be required to access and use some Gamar Services. In order to create an Account, you will be asked to provide a valid email address and other contact information. Some Gamar Services may require creation of a user name to represent you in a game and online (“User Names”). Such User Names will be tied to your Account and considered User Content (as defined below). You may not use a User Name that is used by someone else or violates the Terms of Service. You should not reveal your Account password to any other person (other than to a parent or guardian, if you are under the age of 18 years). You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service. Gamar will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions. Gamar reserves the right to refuse registration of, or cancel an Account, in its sole discretion.
You have the right to cancel your Account or a particular subscription to a Gamar Service at any time by contacting Gamar Support. You agree that the cancellation of your Account or a particular Gamar Service is your sole right and remedy with respect to any dispute with Gamar.
The Gamar Services may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by you (“User Content”). Gamar may not pre-screen any User Content and does not endorse or approve any User Content that you or other users contribute to Gamar Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Gamar Services. Gamar respects the intellectual property rights of others. You must have the legal right to upload any User Content to Gamar Services. You may not upload or post any Content on Gamar Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates any third party’s right of privacy or right of publicity. You may upload only Content that you are permitted to upload by the owner or by law. When you contribute User Content to any Gamar Service, you expressly grant to Gamar for Gamar, its affiliates, employees, agents, representatives, licensors or other third party partners, a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Gamar all licenses, consents and clearances to enable Gamar to use such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content. If the Gamar Service on which you contribute User Content permits other users to access and use that User Content as part of the Gamar Service, then you also grant all other users of the relevant Gamar Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Content on or through the relevant Gamar Service without further notice, attribution or compensation to you.
You agree to the following rules of conduct for the Gamar Services or posting any Content: You shall not post, transmit, promote, or distribute Content that is illegal including hacking, cracking, taking advantage of exploits or cheats and/or distribution of counterfeit software, for that will harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. You shall not transmit or facilitate distribution of Content that is harmful, abusive, hateful, racially, religiously or ethnically offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated. You shall not use abusive, offensive, or defamatory Avatars. You shall not disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting by using all caps in an attempt to disturb other users, “spamming” or flooding. You shall not impersonate another person (including celebrities), indicate that you are a Gamar employee or representative, or attempt to mislead users by indicating that you represent Gamar or any other third party that are not. You shall not attempt to get a password, account information, or other private information from anyone else on Gamar Services or post any persons real-world information without such person’s permission. You shall not upload any Content that you do not own or have permission to distribute in accordance with these Terms of Services. You shall not upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Gamar Services or otherwise interfere with any other person’s ability to use the Gamar Services. You shall not post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. You shall not use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications. You shall not modify or attempt to modify any part of the Gamar Service that Gamar does not specifically authorize you to modify such Gamar Services. You shall not attempt to use Gamar Software on or through any service that is not controlled or authorized by Gamar. You may not conduct any activities that violate the laws of any jurisdiction including but not limited to intellectual property, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software. Specific Gamar Services may also post additional rules that apply to your conduct on those services. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Gamar by sending an email to email@example.com
Gamar reserves the right (but has no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content or other Content at any time is in Gamar’s sole and final discretion. To the maximum extent permitted by applicable law, Gamar does not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
These Terms and all use of the Site and Apps are governed by the laws of England and any questions arising shall be dealt with only by the English courts.
To the maximum extent permitted by applicable law, you expressly agree that the use of Gamar services, Gamar software, and the internet is at your sole risk. Gamar services, Gamar software and third-party services and products are provided on an “as is whereas” and “as available” basis for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. No warranty is given about the quality, functionality, availability or performance, merchantability, title, non-infringement or fitness for a particular purpose of Gamar software or Gamar services. Gamar provides Gamar services on a commercially reasonable basis and does not guarantee that you will be able to access or use Gamar services at times or locations of your choosing, or that Gamar will have adequate capacity for Gamar services as a whole or in any specific geographic area.
Upon Gamar’s request, you agree to defend, indemnify and hold harmless Gamar, its affiliates, employees, agents, representatives, licensors or other third party partners against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys’ fees, that arise from or relate to: (a) a breach of these Terms of Service by you; or (b)any Content provided by you on or through Gamar Services. Gamar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of this Terms of Service.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Gamar, and the remaining portions shall remain in full force and effect.