Gamerix Technologies - Terms of Use

Gamerix Technologies Terms of Service (“Agreement”)

These terms of service (“Terms”, “Agreement”) apply to your access and use of Gamerix Technologies (“Gamerix Technologies”) games, websites and other services (the “Service”). Please read them carefully.

ACCEPTING THESE TERMS

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service.

You agree you are over 13 years old. If you are between 13 and 18 years old, you need to review and agree by your legal guardian (like parents).

This Agreement sets forth the legal terms for your use of the Service that are made available via the Apple App Store, Google Play, Amazon App store, Facebook and/or any related services related to our games.

Also, if a term does not make sense to you, please let us know by email at support@gamerix.io

CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Service at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Service or discontinue any use of the Service immediately.

For information about how we collect and use information about users of the Service, please check out our privacy policy available at https://sites.google.com/view/gamerixtechnologies/privacy

THIRD-PARTY SERVICES

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

ACCOUNT RESPONSIBILITY

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

You acknowledge and agree that you shall have no ownership or other property interest in any account that you create using any of our services. We may suspend, terminate, modify or delete any of these accounts at any time for any reason or no reason, with or without notice to you.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

VIRTUAL GOODS AND VIRTUAL MONEY

Our Games may include virtual currencies such as coin and gems (“Virtual Money”) or items or services for use with our Games (“Virtual Goods”). If you are over 18 years old you may be able to buy Virtual Goods or Virtual Money. You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods only from us, and not from any third party. You agree that Virtual Money and Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone else.

The balance of virtual goods or virtual currency does not contain real value. The user agrees that the sales of all virtual currencies and goods are final and that the company does not make refunds once the transactions are complete. When a user purchases virtual goods or currencies from the company, the delivery of goods will be carried out as soon as the purchase is complete and thus, the user agrees that they forfeit the right to withdraw and cancel since they have already received the benefits of the relevant virtual goods and/or currencies.

The company may manage, regulate, change or remove the contents of all virtual currencies or goods without being held liable by the user.

When the company stops or terminates the user’s account without limits to its contents according to the Terms and Conditions of the company, the user will lose all of the virtual currencies and goods they hold and the company will not make a refund and compensate for the loss.

REFUND POLICY

You can request for a purchase withdrawal if you have purchased any virtual goods or currencies in real world currency (Such as US Dollar) within the last 3 days and if they are completely unused. If you have purchased them within the last 3 days but have used up part of them, then you can no longer request for a purchase withdrawal.

Moreover, if you have received any additional virtual goods together with those purchased and part of such additional virtual goods have been used up, you are no longer able to request for a purchase withdrawal.

In addition, if you have received any virtual goods or currencies as a gift, you cannot request for a purchase withdrawal for these or exchange them for cash.

Refund request can be made by email at support@gamerix.io . When processing your purchase withdrawal request, the virtual goods and currencies will be collected, however, please understand that the time of refund will differ according to the payment method used.

However, if there was a fault with the virtual goods and currencies you received, you can make a purchase withdrawal request within the 1 months of their purchase, or within the 15 days from the date you knew or could know about the fault, whichever comes first.

CONTENT & USAGE RULES

Our Service may allow you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.

You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs and then delete them.

You may not post, link and otherwise make available on or through the Service any of the following:

Content that is libellous, defamatory, bigoted, fraudulent or deceptive;
Content that is illegal or unlawful, that would otherwise create liability;
Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Service or other users:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
Create an account or post any content if you are not over 13 years of age years of age; and
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

INTELLECTUAL PROPERTY

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.

HYPERLINKS AND THIRD PARTY CONTENT

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Gamerix Technologies makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

DISCLAIMERS OF WARRANTIES AND DAMAGES, LIMITATIONS OF LIABILITY:

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.

THE GAMERIX TECHNOLOGIES PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE GAMERIX TECHNOLOGIES PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.

THE “GAMERIX TECHNOLOGIES PARTIES” COULD BE COMPRISED OF GAMERIX TECHNOLOGIES AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.

UNDER NO CIRCUMSTANCES SHALL THE GAMERIX TECHNOLOGIES PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GAMERIX TECHNOLOGIES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Gamerix Technologies, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Gamerix Technologies liability shall be the minimum permitted under such applicable law.

LIMITED LICENSE

Gamerix Technologies grants you a non-exclusive, non-transferable, limited license to use the Service in accordance with this Agreement.

LIMITATION OF LIABILITY

In no event shall Gamerix Technologies, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.

WARRANTY DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Gamerix Technologies, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.

DISPUTES & GOVERNING LAW

In the case a dispute arises between you and Gamerix Technologies, we strongly encourage you to initially contact us directly to seek a resolution by going to our customer support site at: support@gamerix.io

These Terms of Service and all disputes relating to the Terms of Service shall be governed by and construed in accordance with the laws of the India.

All users of our Games and other Products are responsible for their own interaction with each other and with other parties through our Services. Gamerix Technologies reserves the right to stay clear from any dispute that may occur between users and other parties and has no obligation to manage any of the parties in such cases. If you have a dispute with other users and/or parties, you hereby agree and accept to indemnify Gamerix Technologies from claims, demands and damages of any kind that may arise out of a dispute.

TERMINATION

We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Gamerix Technologies regarding the use of the Service, superseding any prior agreements between you and Gamerix Technologies relating to your use of the Service.

FEEDBACK

Please let us know what you think of the Service, these Terms and, in general, Games. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Games, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

MISCELLANEOUS

GAMERIX TECHNOLOGIES operates and controls the Service from its office(s) in India. GAMERIX TECHNOLOGIES makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GAMERIX TECHNOLOGIES to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, GAMERIX TECHNOLOGIES or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from GAMERIX TECHNOLOGIES if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time. You may not assign these Terms without GAMERIX’s prior written consent, whereas GAMERIX TECHNOLOGIES may assign its rights and duties under these terms to any party at any time without notice to you. These Terms contain the entire understanding of you and GAMERIX TECHNOLOGIES, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by GAMERIX TECHNOLOGIES. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon GAMERIX’s request, you will furnish GAMERIX TECHNOLOGIES any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against GAMERIX TECHNOLOGIES by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

QUESTIONS & CONTACT INFORMATION

Questions or comments about the Service may be directed to us at support@gamerix.io

Effective Date: JUNE 15, 2022