Last Updated: April, 22nd
, 2021 1. GENERAL
") which is provided by TERRAFORM GAMES LIMITED (hereinafter – "Company
" and "your
" means you as the user of the Platform.
, which is incorporated herein by reference, as well as other agreements and terms incorporated herein by reference (if any). 2. ACCOUNT
2.1. To use the Platform, you shall register by using the relevant form. To complete the registration process, you shall enter your e-mail or mobile phone number (which shall be used as a login) and set a password and to verify an ownership of the e-mail address by clicking the verification link sent to the entered e-mail address / to verify an ownership of the mobile phone number by entering the verification code sent to the entered mobile phone number. Upon completion of the registration process your Platform's account (hereinafter – the "Account") is created. You may also indicate additional information about you and your interests as provided by the Platform's functionality.
2.2. When you create the 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 to us, to keep such information current and complete.
2.3. Your Account is for your personal, non–commercial use. You shall not share the Account or the login information, nor let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for maintaining the confidentiality of your login information, and you will be solely responsible for all uses of your login information, including any changes to your Account, whether or not authorized by you. We will not be responsible for anything that happens through or to your Account as a result of you allowing any third party to access your login information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us and modify your login information. 3. YOUR ACCESS TO AND USE OF THE PLATFROM. RESTRICTIONS
3.1. The Platform consists of mobile software application titled Gameram, the website available at https://gameram.com
and its network of websites, and any other products or services offered by us within the Platform (if any).
3.2. The Platform provides you with opportunity to post and share with other users your games content and communicate with the other users by using the functionality of the Platform. The Platform is provided to you on a free-of-charge basis.
3.4. If you have any problems with using the Platform or any part of it, please contact our support at [email protected]
3.5. Accessing or using of the Platform you may not
- except where permitted by law or relevant open source licenses, modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code of the Platform and any part of it;
- distribute, license, transfer, or sell, in whole or in part, any of the Platform or any derivative works thereof;
- use the Platform to advertise or perform any commercial activity;
- interfere with or attempt to interfere with the proper working of the Platform, disrupt any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform of Platform's functionality;
- incorporate the Platform or any portion thereof into any other program or product;
- improperly use our support services, including by submitting false reports as well as you will not distribute any messages received by you from our support services;
- use automated scripts to collect information from or otherwise interact with the Platform;
- 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 such person or entity;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft;
- attempt to obtain login information or access another user's Account or collect or harvest personal information from other users;
- use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform, such as trading reviews with other users or writing or soliciting fake reviews;
- use the Platform to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- distribute any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
- distribute any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
- distribute any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person or entity;
- remove or obscure any proprietary notices within the Platform;
- distribute any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- distribute any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- distribute any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- distribute any material that contains a threat of any kind, including threats of physical violence;
- distribute any material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality;
4. INTELLECTUAL PROPERTY RIGHTS
- issuance of a warning in any form, including via e-mail;
- delete your content;
- suspension of access to the Platform for a definite or indefinite term;
- restriction of making comments or communicate with other users in any form;
- suspension or termination of your Account
4.1. Platform Ownership.
All rights, titles and interests in and to the Platform as well as any part of it including, but not limited to all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Platform, and all intellectual property rights related thereto (hereinafter – the "Platform Content
"), excluding user-generated content as described below, are owned by us or by our licensors.
4.2. License to the Platform and the Platform Content
4.3. User-generated Content.
By transmitting or submitting any communications, images, videos, sounds, and all the material, data, information or any chat text through the Platform or any suggestions for enhancement or feedback regarding the Platform (hereinafter – the "User Content
We reserve the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. We assume no responsibility for the conduct of any user submitting any User Content and assume no responsibility for monitoring the Platform for inappropriate content or conduct. We do not and cannot pre-screen or monitor all the User Content.
4.4. Information for a right holders.
We respect the intellectual property of others and follow the requirements set forth in the applicable laws. If you have reasonable grounds to believe that some of the Platform Content or User Content infringes upon your copyright, intellectual property or related rights and interests, please submit a relevant notice via the following e-mail address: [email protected]
Please, be notified that we may request you to indicate the particular content claimed to have been infringed, as well as provide to us a documentary confirmation of your ownership of such content. We will do our best to delete or restrict an access to the infringing your rights and interests content distributed via the Platform. 6. UPDATES AND MODIFICATIONS
6.1. In order to improve the Platform, we reserve the right to introduce automatic updates and modifications into the Platform (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Platform, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Platform and the rules of these Terms of Service shall apply to such updates.
6.2. You also agree that we may require you to accept and download updates for further use or access to the Platform when it is necessary for proper functioning of the Service.
6.3. We may modify functions and informational contents of the Platform at any time at its own discretion without additional notice to you. 7. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW WE EXPRESSLY WAIVE ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE PLATFORM AND ANY CONTENT CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE PLATFORM AND THE CONTENT CONTEINED THEREIN SHALL BE PROVIDED "AS IS" WITHOUT FURTHER WARRANTIES OF ANY NATURE. YOU SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE PALTFORM. WE DO NOT GUARANTEE THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS AND THAT PLATFORM OPERATION WILL BE UNFAILING AND ERROR-FREE. 8. LIMITATION OF LIABILITY AND IDEMNITY
8.2. WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM 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.
8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, 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.
10.4. You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 11. MISCELLANEOUS
You hereby understand, accept and agree that any Platform content may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and you hereby guarantee that you do not suffer such disorders, or you will not use the Platform. You accept and agree that regular long-term (continuous) usage of the personal computer or device can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that you will use the Platform only for a reasonable time, with breaks for rest and that you will take other measures prescribed by your doctor.
11.5. Entire Agreement