TERMS OF USE

Last Updated: April, 22nd, 2021

1. GENERAL

These Terms of Use govern your use of Gameram platform (hereinafter – the "Platform") which is provided by TERRAFORM GAMES LIMITED (hereinafter – "Company", "we", "us") and provide information about use of the Platform. When you create a Platform account or use the Platform, you agree to these Terms of Use.

The Platform is provided for private, non-commercial use. For purposes of these Terms of Use, "you" and "your" means you as the user of the Platform.

These Terms of Use 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 and Platform's related websites, services and content.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING OR USING THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE; AND (B) HEREBY CONFIRM THAT YOUR AGE IS SUFFICIENT FOR USE OF THE PLATFORM UNDER THE APPLICABLE LAWS OR YOU HAVE ALL NECESSARY CONSENTS (E.G. CONSENT OF YOUR PARENT OR LEGAL GUARDIAN) IN FULL COMPLIANCE WITH THE APPLICABLE LAWS, INCLUDING FOR PURPOSES OF DATA PROTECTION LAWS, OTHERWISE YOUR USE OF THE PLATFORM IS PROHIBITED. IN THE EVENT THAT YOU, IN ACCORDANCE WITH THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE THE PLATFORM OR PORTIONS THEREOF OR THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE THE PLATFORM. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF THE PLATFORM OR THE RELEVANT PART OF IT ON THE TERRITORY OF YOUR STATE IN VIOLATION OF THE RELEVANT LEGISLATION.

Use of the Platform is also governed by Privacy Policy, 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.

3.3. Accepting these Terms of Use you give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) within the Platform, without any compensation to you.

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:

  • access or use the Platform if you are not fully able and legally competent to agree to these Terms of Use or are authorized to use the Platform by your parent or legal guardian;
  • 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;
3.6. Liability for violation of the present Terms of Use. In case of violation of these Terms of Use, we shall have the right to apply to you without any prior notice the following types of sanction depending on the extent of the violation committed by you:

  • 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. INTELLECTUAL PROPERTY RIGHTS

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. From the moment of acceptance of this Terms of Use, we grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide limited license subject to the limitations specified herein to access and use the Platform and Platform Content for your own non-commercial entertainment purposes.

You agree not to use the Platform and the Platform Content for any other purpose. Unless otherwise specified by us, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Platform, Platform Content or any it's part. In case of violation of these Terms of Use we are allowed to terminate the license granted to you without any prior notice.

All rights not expressly granted in this Terms of Use are reserved.

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") you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by us in accordance with the Privacy Policy; (e) you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto by any means in connection with the Platform (including in connection with advertising of the Platform by any means) without compensation to you; to the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).

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.

You use the Platform at your own risk. By using the Platform, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Platform. At our discretion, our representatives or technology may monitor and/or record your interaction with the Platform or communications (including without limitation chat text). By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text.

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

8.1. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NEITHER COMPANY NOR ITS LICENSORS AND/OR PARTNERS SHALL BEAR ANY LIABILITY TO YOU FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT AND CONSEQUENTIALLOSSES, LOST PROFIT, LOST OF GOODWILL OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THESE TERMS OF USE AND WITH YOUR USE OF THE PLATFORM AND OF OTHER MATERIALS PROVIDED TO YOU BY US. WE SHALL NOT BEAR LIABILITY FOR INABILITY TO USE THE PALTFORM ON YOUR DEVICE AND ALSO FOR POSSIBLE ERRORS AND FAILURES IN THE PLATFORM OPERATION. YOU MUST CONNECT TO THE INTERNET IN ORDER TO USE THE PLATFORM WHERE IT IS NECESSARY. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY YOU. WE SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO YOU AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON YOUR DEVICE.

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.

8.4. You agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, damages, losses and expenses (including, but not limited to, attorneys' fees and expenses) arising out of or in connection with any breach by you (or any user of your account) of these Terms of Use, including but not limited to a breach of your obligations, representation and warranties.



10. APPLICABLE LAW. JURISDICTION

10.1. These Terms of Use shall be governed and construed by the law of England and Wales.

10.2. All disputes arising in connection with these Terms of Use are subject to mandatory pre-trial (30 calendar days) settlement by the parties, and in case of failure to reach agreement during the pre-trial settlement of the dispute - in the court having jurisdiction at the location of the Company.

10.3. If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Use will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.

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

11.1. Termination. These Terms of Use remain valid until we either you unilaterally terminate these Terms of Use. We and you have a right to terminate these Terms of Use at any time with immediate effect without any prior notice. Such termination does not require any reasons to be given. In particular, but not exclusively, we have the right to terminate these Terms of Use with you, if you violate laws, infringes third parties' rights or breaches these Terms of Use. You may terminate these Terms of Use at any time by deleting your Account.

In case of termination of these Terms of Use, Sections 4.3. ,7 and 8 shall remain in force.

11.2. Assignment. We may at our own discretion at any time assign and/or delegate our rights and obligations under this Terms of Use or any part of them to any third party without notice to you. You may not assign these Terms of Use in whole or in part to any person or entity without our prior written consent, and any unauthorized assignment and delegation by you is ineffective and shall be void.

11.3. Health. 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.

11.4. Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, than such provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms of Use will remain in full force and effect.

11.5. Entire Agreement. The Terms of Use, which incorporate the documents referenced hereby, is the entire agreement between you and us relating to the subject matter herein.

11.6. Terms of Use Amendment. We reserve the right at any time at our sole discretion to revise / amend these Terms of Use or any related documents at any time by updating on the website located at https://gameram.com or by notifying you or by any other means available. The revised / amended Terms of Use or related documents come into force on the date on which it is published at the specified website. You are advised to check the specified website periodically for notices concerning such revisions / amendments. Your continued use of the Platform shall be deemed to constitute acceptance of any revised / amended terms.



Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.

On all issues related to these Terms of Use, please use the following e-mail address [email protected].