Gamelet Terms of Service
Please read carefully the following legally binding Terms of Service ("TOS") between Gamelet ("Gamelet") and you for the software applications for Facebook and other Platforms (the “Apps”) that Gamelet owns and operates web site properties located at en.gamelet.com and elsewhere on the Internet (collectively referred to as the "Sites"). (the Sites and Apps, together with any other products and services provided by Gamelet, are collectively referred to as the "Gamelet Service").
ACCOUNT REGISTRATION AND SECURITY
In consideration of your use of the Apps, You represent that you are of legal age to form a binding contract. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to this TOS. You may use various social networks accounts accepted by Gamelet, such as Facebook to login into the Apps. The Apps are only available to persons who are registered members of that social network. In this situation, you agree that Gamelet may link to your facebook account. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gamelet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gamelet shall have the right to suspend or terminate your account or the ability to use the Apps. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gamelet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Subject to the terms and conditions herein, Gamelet hereby grants you the nonexclusive, non-transferable, limited right to use the Apps (excluding any source and object code) for your personal non-commercial use on any computer, handset or other gaming unit which is suitable to use the Apps. Gamelet retains all right, title and interest to the Apps, including, but not limited to, all copyrights, trademarks, trade secrets, patents, designs, computer codes, audiovisual effects, themes, characters, character names, settings, artwork, sounds effects, musical works, and any proprietary rights. The Apps may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Gamelet. The Apps may contain certain licensed materials and Gamelet's licensors may also protect their rights in the event of any violation of this TOS. All rights not expressly granted to you herein are reserved by the Gamelet or its licensors.
You agree not to:
- Distribute, lease, sub-license, sell, rent or otherwise transfer or assign the Apps without prior written consent of Gamelet or as set forth herein;
- Making any of the Apps available on a network for use or download by multiple users;
- Reverse engineer, decompile, disassemble, create derivative works based on or otherwise modify the Apps, whether in whole or in part;
- In any way make the Apps available for commercial use.
VIRTUAL ITEMS OR CURRENCIES
The Apps may provide a virtual, in-Apps currency system ("Virtual Currency [or Gamelet Credits]") and virtual, in-Apps digital items ("Virtual Items") that may be purchased from Gamelet. Any and all Virtual Currencies and Virtual Items shall be used only for entertainment purposes in the Apps and shall in no event be redeemed for real world money, goods or other items of monetary value. Except for the use of the Virtual Currencies or Virtual Items in the Apps, You shall have no right or title in any Virtual Currencies or Virtual Items. You shall not buy or in any way get Virtual Currencies or Virtual Items from any third party other than Gamelet, and shall not sell or in any way transfer Virtual Currencies or Virtual Items to any other players for real world money or any other exchange. You acknowledge that Gamelet shall have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currencies and Virtual Items as it deems fit at its sole discretion, and Gamelet shall have no liability to you or anyone for the exercise of such rights. You acknowledge that no refunds will be given for any Virtual Currencies and/or Virtual Items sold to you by Gamelet, except in Gamelet's sole and absolute discretion. All Virtual Currencies and Virtual Items are forfeited if your account is terminated or suspended for any reason, or if Gamelet discontinues providing the Apps.
The Apps may allow you to create or transmit some materials to the Apps server, such as characters, teams, facilities or any content permitted by Gamelet and will also collect some data of your game play. You grant Gamelet the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Gamelet. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Gamelet is not responsible for any files users upload, post, or otherwise make available. Gamelet may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Gamelet application. By using Gamelet you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Gamelet will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
Gamelet reserves the right to remove and permanently delete any User Content from the Service with or without notice.
You shall obey any and all Apps rules published on the Sites and social networks and agree not to:
- Acquire any ownership rights by using the Apps, downloading material from the Apps, or by purchasing any virtual goods sold by Gamelet;
- Use any cheats, automation software (bots) , accelerator, hacks, mods or any other unauthorized third-party software (plug-in) designed to modify or interfere the Apps or any Apps experience;
- Use multi-accounts (users that maintain more than one account on a social network may not access the Apps from multiple accounts) to let yourself or any other player to win the Apps or gain Virtual items or Virtual Currency;
- Create or post any abuse, defame, stalk, threaten illegal or improper User Data, or violate the rights of privacy, publicity, intellectual property or other legal rights of others, or in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material;
- Reveal any personal information about another individual, including another person's real name, images, address, phone number, e-mail address or any information that may be used to track, contact or impersonate that individual;
- Disseminate or transmit viruses, worms, Trojan horses, time bombs, spyware, adware, or any other malicious or invasive code or program;
- Interfere with or circumvent any security feature of the Apps or any feature that restricts or enforces limitations on use of or access to the Apps;
- Engage in cheating or any other activity deemed by Gamelet to be in conflict with the spirit or intent of the Apps;
- Violate this TOS or any local, state, federal or international laws, rules or regulations;
- Disparage, tarnish, or otherwise harm, in Gamelet's opinion, Gamelet and/or the Apps;
LIMITATION OF LIABLIITY
ALL RISKS INCURRED FROM USING THE APPS REMAIN WITH YOU, AND GAMELET EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR THE APPS AND ASSOCIATED MATERIALS AND (II) ANY COMMON LAW DUTIES WITH REGARD TO THE APPS, INCLUDING BUT NOT LIMITED TO THE LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. THE APPS AND ALL ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. THE APPS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL GAMELET LIABLE BE IN CONNECTION WITH THE APPS, THE WEBSITES, OR ANY ASSOCIATED PRODUCTS, SERVICES, OR LINKS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. GAMELET'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL, IN NO CIRCUMSTANCE, EXCEED THE AMOUNT RECEIVED BY GAMELET FROM YOU FOR THE APPS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GAMELET AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR VIOLATION OF THIS TOS AND/OR YOUR USE OR MISUSE OF THE APPS.
GOVERNING LAW AND VENUE
This TOS will be governed by and construed in accordance with the laws of the Country of Taiwan, excluding its conflicts of law, rules, and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Both Parties agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this TOS or the Apps shall be brought exclusively in the courts located in the country of Taiwan, and agree to submit to the personal jurisdiction of the courts located within Taipei County, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
This is the entire agreement between You and Gamelet relating to this TOS and the Apps and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. The failure of Gamelet to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If a court of competent jurisdiction declares any provision of this TOS to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this TOS. The English language version of this TOS will control its interpretation.
Last Modified: 2010/01/12