TERMS OF USE (User Agreement)

 

 

This Terms of Use (User Agreement) document describes and regulates the relationship between you (hereinafter referred to as "You" or "User") and Vistrex Limited (hereinafter referred to as "Company" or "Vistrex Limited"), with a registered office at 19 Omonoia Avenue, Constantinides Building, Office 203, 2nd floor, Limassol, 3052, Cyprus, regarding your use of Vistrex Limited's games, mobile applications, game portals, game forums, gaming chats, the website https://www.gamegears.online/ or other websites of the Company (hereinafter referred to as “Website”), digital content and related services (hereinafter collectively referred to as "Services").

 

The use of the Services is also governed by the Company's Privacy Policy.

 

Before using the Services, including, but not limited to any of the Company's Web sites, you must accept this User Agreement and the Privacy Policy. You may also need to register an account to use the Services (hereinafter referred to as "Account"). By registering the Account or using the Services in any other way, you acknowledge that you have reached the age required to use the Services in your country. If you are under 17 years old, you confirm that your parent or legal guardian has read and agreed to these Terms of Use. If you access the Service through a Social Networking Site ("SNS"), such as Facebook or Google+, you agree to comply with its user agreement, as well as these Terms of Use.

 

BY INSTALLING, USING OTHERWISE ACCESSING THE SERVICE, YOU AGREE WITH THE CONTENT OF THESE TERMS OF USE. IF YOU DO NOT AGREE  WITH THE CONTENT OF THESE TERMS OF USE, DO NOT INSTALL, USE AND DO NOT ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

 

Vistrex Limited reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service,  its Privacy Policy and other relevant Vistrex Limited policies at any time by posting the amended terms on the Vistrex Limited Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree with any portion of the then-current version of our Terms of Service, the Vistrex Limited Privacy Policy, or any other Vistrex Limited policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall be immediately terminated, and you must stop using the Service immediately .

 

 

1. License

 

 

1.1. Grant of a Limited License to Use the Service.

 

After confirming the consent and continuing compliance with these Terms of Use, the Privacy Policy, and the relevant Vistrex Limited policies, the Company grants you a non-exclusive, non-transferable, including a sub-licensable, revocable and limited license to access the Service and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

  • You agree to not create an Account and not access the Services if you have not reached the permitted age to use the Company Services; you will take action to restrict the use of the Services by minors who have not received permission from their parents or guardians and to prevent the use of the Service by children who have not reached the permitted age for the use of the Services. You assume full responsibility for any use of your credit card or another payment instrument (for example, PayPal) by persons under the age of majority.

  • You agree not to buy, sell, rent or give away your Account, create an Account under a false name or use false information or create an Account on behalf of other persons, or attempt to perform any of the above actions. You agree not to use the Service if your Account had previously been deleted by Vistrex Limited or if your access to the Company's game had previously been blocked.

  • You agree to use your Account only for non-commercial purposes. You undertake not to use the Services for the distribution, attraction or transfer of any commercial advertisements, including letters sent through the chain,  junk or spam e-mail or repetitive or deceptive messages to anyone.

 

 

Your Account and login information

 

    You shall not share the Account or the Login Information with anyone, nor allow anyone other than you to access your Account or perform any other actions that may endanger your Account. In case if you become aware or you reasonably suspect that there has been any breach of security, including, without limitation, any loss, theft or unauthorized disclosure of Login Information, you agree to immediately change the password to log in. You are solely responsible for all uses of the Information, including purchases, regardless of whether they were made with your permission or not. You are responsible for all activities related to your account.

 

Vistrex Limited reserves the right to remove or change any usernames at any time and for any reason, including third-party claims regarding the violation of any third-party user's rights.

 

    For each game, the Service only supports one Account per device. The company is not responsible for any possible negative consequences when using multiple Accounts on the same device.

 

 

License Limitations

 

    Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

    You agree that you will not, under any circumstances:

  • Engage in any act the Company deems to be in conflict with the spirit or intent of the Service or make improper use of the Company's support services.

  • Use cheating (cheats) and participate (directly or indirectly) in their use, exploit the vulnerability of the system, use automated software, bots, software for hacking, modifications and any other unauthorized third-party software intended to interfere with the Service, any game of the Company or any gaming function, but not limited to them.

  • Modify or cause any files that are part of the Service or any game of the Company to be modified without the consent of Vistrex Limited, expressed in writing.

  • Disrupt, interfere or otherwise adversely affect the normal operation of the Service, or otherwise act in a manner that could adversely affect the experience of other users when using the Service. This includes prize (won values) trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.

  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (hereinafter referred to as "Server") used to offer or support the Service or any Vistrex Limited' game environment.

  • Institute, assist, or become involved in any type of attack, including, without limitation, distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.

  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Vistrex Limited, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

  • Post any information that contains offensive subject matter, including, but not limited to nudity, excessive violence or posts that contain a link to such content.

  • Harass, abuse, harm, attempt to or advocate or incite harassment, abuse, or harm of another person, group, including Vistrex Limited employees and Vistrex Limited' customer service representatives.

  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or another right of any person or entity or impersonates any other person, including, without limitation, a Vistrex Limited employee.

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Vistrex Limited game or to obtain any information from the Service or any Vistrex Limited game using any method not expressly permitted by Vistrex Limited.

  • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Vistrex Limited' game.

  • Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

 

Vistrex Limited reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Vistrex Limited reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

 

 

1.2. Suspension and Termination of Account and Service

 

    WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR IF THE COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA PROFILE IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

 

    WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE RULES OR SPIRIT OF OUR TERMS OR  POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO REPETITIVELY INFRINGE THE THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

 

 

Vistrex Limited RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

 

    Company reserves the right to stop offering and/or supporting the Service or part of the Service of a particular game at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Company shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you or others submitted.

 

    You can terminate your Account at any time and on any basis by contacting Technical Support online or in writing to the registered office address: 19 Omonoia Avenue, Constantinides Building, Office 203, 2nd floor, Limassol, 3052, Cyprus.

 

 

2. Ownership

 

    All rights, title and interest in and to the Service (including, without limitation, any games, titles, computer code, themes, objects, characters, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information and the Company game clients and server software) are owned by Vistrex Limited. Company reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF VISTREX LIMITED.

 

3. User Content and User

 

    "User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Vistrex Limited game or the Service, or that other users upload or transmit, including, without limitation, any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is

  • accurate and not confidential or misleading;

  • 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 to do so;

  • free of viruses, adware, spyware, worms or other malicious code;

  • and you acknowledge and agree that any of your personal information within such content will at all times be processed by Vistrex Limited in accordance with its Privacy Policy.

 

    The company assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk.

 

Company reserves 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.

 

You hereby grant Vistrex Limited an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.

 

You also hereby grant to Vistrex Limited the right to authorize others to exercise any of the rights granted to Vistrex Limited under these Terms of Service.

 

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Company reserves the right but has no obligation, to become involved in any way with these disputes.

 

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.

 

4. Fees and Purchase Terms

4.1. Purchases

 

    You acknowledge that you may access and/or download certain Services for free and, at the same time, you may have additional content or services available for purchase with real currency in certain Services (purchases from the application).

 

In the Service you may purchase, with real currency, a limited, personal, non-transferable, non-sublicensable, revocable license to use:

  • "Virtual Currency", including, but not limited to, virtual money, coins, diamonds intended for use in the Company's games;

  • "Virtual in-game items" (together with "Virtual Currency", "Virtual Items");

  • other goods or services (hereinafter referred to as "Merchandise")

 

You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

 

    Vistrex Limited may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.

 

    The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Outside any cases expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including, but not limited to, Vistrex Limited, another user or any third party.

 

    ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

 

    The provision of Virtual Items for use in Vistrex Limited games is a service provided by Vistrex Limited that commences immediately upon acceptance of your purchase by Vistrex Limited.

 

 

4.2. Payment of Fees

 

    You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Vistrex Limited may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT VISTREX LIMITED IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

 

5. Updates to the Service

 

    You understand that the Service is an evolving one. Vistrex Limited may require that you accept updates to the Service and to Vistrex Limited's games you have installed on your device or computer. You acknowledge and agree that Vistrex Limited may update the Service and Vistrex Limited games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Vistrex Limited games.

 

 

 

6. Disclaimer of Warranties

 

    TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, VISTREX LIMITED EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SERVICE 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 SERVICE. VISTREX LIMITED DOES NOT GUARANTEE THAT THE SERVICE MEETS YOUR REQUIREMENTS AND THAT SERVICE OPERATION WILL BE UNFAILING AND ERROR-FREE.

 

    Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

 

 

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

 

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISTREX LIMITED SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOTVISTREX LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, VISTREX LIMITED SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO CUBIC GAME IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAD NOT PAID ANYTHING TO VISTREX LIMITED DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND VISTREX LIMITED’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH VISTREX LIMITED IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

 

    NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF VISTREX LIMITED OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF VISTREX LIMITED.

 

    You agree to indemnify, defend and hold Vistrex Limited (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the fo

regoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior. 

8. Dispute Resolution and Law

 

    If a dispute arises between you and Vistrex Limited, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support at support@gamegears.online. You agree that any claim or dispute that you may initiate against the Company is subject to the exclusive jurisdiction laws of England and Wales, disregarding the Conflict of laws rules.

 

9. Severability

    You and Vistrex Limited agree that if any portion of these Terms of Service or of the Vistrex Limited Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, in accordance with such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

 

 

10. Notices

 

    We may notify you via postings on Website, and via e-mail or any other means of communication that you may have provided to us. All notices given by you or required from you under these Terms of Service or the Vistrex Limited Privacy Policy shall be in writing and addressed to: 19 Omonoia Avenue, Constantinides Building, Office 203, 2nd floor, Limassol, 3052, Cypruss. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

 

 

11. Force Majeure

 

    Vistrex Limited shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Vistrex Limited, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Vistrex Limited' control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

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