Gamer Click
PRIVACY POLICY
Terms of Service ("Terms")
Gamer Click
PRIVACY POLICY
Terms of Service ("Terms")
Last Updated: [2025/07/24]
Your privacy is important to us. This privacy policy explains our collection, use, and disclosure of personal data. This privacy policy applies to Gamer Click and to our controlled affiliates and subsidiaries (“We,” “Us”). References to our “services” in this policy include our websites, apps, devices, and other products and services. This policy applies to our services that display or reference this policy, but it does not apply to any services that display or reference a different privacy policy.
PERSONAL DATA WE COLLECT
The personal data we collect depends on how you interact with us, the services you use, and the choices you make.
We collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data.
Information you provide directly. We collect personal data you provide to us. For example:
·Contact information. We collect name, username or alias, email address, postal address, phone number, and fax number.
·Content and files. When you use our apps, you may, in some cases provide profile pictures; and if you send us email messages or other communications, we will collect and retain those communications.
Information we collect automatically. When you use our services, we collect some information automatically. For example:
·Identifiers and device information. When you visit our websites, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; and your device’s operating system, browser, and other software including type, version, language, settings, and configuration. As further described in the Cookies, Mobile IDs, and Similar Technologies section below, our websites and online services store and retrieve cookie identifiers, mobile IDs, and other data.
·Geolocation data. Depending on your device and app settings, we collect geolocation data when you use our apps or online services.
·Usage data. We automatically log your activity on our websites, apps and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our website.
Information we or others create or generate. We infer new information from other data we collect, including using automated means to generate demographic data about you, such as age and gender, and other information about your likely preferences or other characteristics (“inferences”). For example, we infer your general geographic location (such as city, state, and country) based on your IP address.
Information we obtain from third-party sources. We also obtain any of the above categories of information from third parties. These third-party sources include, for example:
·Data brokers. Data brokers and aggregators from which we obtain data to supplement the data we collect.
·Third party partners. Third party applications and services, including social networks you choose to connect with or interact with through our services. For example, if you log into one of our apps with Facebook, Facebook may share your name, the email address associated with your Facebook account, your Facebook profile picture, and your Facebook friends list. Additionally, if you link our apps with a Cash App account, we may receive your Cash App profile information.
·Co-Branding/Joint Partners. Partners with which we offer co-branded services or engage in joint marketing activities.
·Service providers. Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device’s location based on its IP address.
·Publicly available sources. Public sources of information such as open government databases.
When you are asked to provide personal data, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or function correctly.
COOKIES, MOBILE IDs AND SIMILAR TECHNOLOGIES
We use cookies, web beacons, software tools, mobile analytics and advertising IDs, and similar technologies to operate our websites and online services and to help collect data, including usage data.
What are cookies and similar technologies?
Cookies are small text files placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.
Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our websites (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content. We also include web beacons in our promotional email messages or newsletters to tell us if you open and act on them.
Software tools refer to software integrated with our apps to provide specific functionalities.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables us and our third-party analytics and advertising partners to access the mobile IDs.
How we and our partners use cookies and similar technologies
We, and our analytics and advertising partners, use these technologies in our websites, apps, and online services to collect personal information (such as the pages you visit, the links you click on, similar usage information, the cookies stored on your browser, the advertising identifier on your mobile device, or the IP address of your device) when you visit our site (or use our app). We and our partners also use these technologies to collect personal information about your online activities over time and across different websites or online services. This information is used to store your preferences and settings, enable you to sign-in, analyze how our websites and apps perform, track your interaction with the site or app, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the information we collect or infer with third parties for these purposes.
The third-party analytics and advertising providers we use in our services include, for example:
Company/Service Purpose(s) Privacy Notices Manage Settings (opt-out)
Applovin Advertising Privacy Policy | AppLovin Email dataprotection@applovin.com
Fyber Advertising Privacy Policy | Digital Turbine iOS: Settings > Privacy > Advertising > Limit Ad Tracking
Android: Google Settings > Ads > Opt Out of Interest-Based Ads
Ironsource Analytics / Advertising https://developers.ironsrc.com/ironsource-mobile/air/ironsource-mobile-privacy-policy/ iOS devices (iOS 14+): go to Settings > Privacy > Tracking > Allow Apps to Request to Track. Please note that if you use more than one device, you need to opt-out separately in each device.
Android devices: Please follow the instructions set forth at: https://support.google.com/ads/answer/1660762
(under Mobile Controls). Please note that if you use more than one device, you need to opt-out separately in each device.
Appsflyer Analytics Services Privacy Policy | AppsFlyer Forget my Device - Opt Out | AppsFlyer
Google Analytics Analytics How Google uses information from sites or apps that use our services – Privacy & Terms – Google https://support.google.com/analytics/answer/9019185?hl=en&ref_topic=2919631&sjid=9422948878793791888-AP#zippy=%2Cin-this-article
To learn about their privacy practices and how to opt-out from their use of personal data for targeted advertising purposes, click on the links above.
These companies may also participate in associations that provide simple ways to opt out of analytics and ad targeting, which you can access at:
•United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
•Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
•Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Mobile advertising ID controls. Android and iOS operating systems provide options to limit tracking and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you to prevent the automatic downloading of images, which will disable web beacons in emails.
California “Do Not Sell My Personal Information.”
The California Consumer Protection Act (“CCPA”) requires us to describe the categories of personal information we sell to third parties and how to opt-out of future sales. The CCPA defines personal information to include online identifiers, including IP addresses, cookies IDs, and mobile IDs. The law also defines a “sale” broadly to include simply making data available to third parties in some cases. We let advertising and analytics providers collect IP addresses, cookie IDs, and mobile IDs, along with associated device and usage data, when you access our online services, but we do not “sell” any other personal information.
If you do not wish for us or our partners to “sell” personal information relating to your visits to our sites for advertising purposes, you can make your Do Not Sell Request by emailing us or using the choices above. If you opt-out using these choices, we will not share or make available such personal information in ways that are considered a “sale” under the CCPA. However, we will continue to make available to our partners (acting as our service providers) some personal information to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously “sold” personal information or stop all interest-based advertising.
Other information related to your right to opt-out from sales of personal information is contained in the California Privacy Rights section of this policy.
OUR USE OF PERSONAL DATA
We use the personal data we collect for purposes described in this privacy policy or otherwise disclosed to you. For example, we use personal data for the following purposes:
Purposes of Use Categories of Personal Data
Product and Service Delivery. To provide and deliver our services, including troubleshooting, improving, and personalizing those services. Contact information, demographic data, payment information, content and files, identifiers and device information, geolocation data, usage data, inferences
Business Operations. To operate our business, such as billing, accounting, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, and meeting our legal obligations. Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, sensor data, inferences
Product Improvement, Development, and Research. To develop new services or features, and conduct research. Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, inferences
Personalization. To understand you and your preferences to enhance your experience and enjoyment using our services. Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, inferences
Customer Support. To provide customer support and respond to your questions. Contact information, demographic data, payment information, content and files, identifiers and device information, geolocation data, usage data, inferences
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. Contact information, demographic data, payment information, content and files, identifiers and device information, geolocation data, usage data, inferences
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the Choice and Control section of this privacy policy for how to change your preferences for promotional communications). Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, inferences
Advertising. To display advertising to you (see the Cookies section of this privacy policy for information about personalized advertising and your advertising choices). Contact information, demographic data, content and files, identifiers and device information geolocation data, usage data, inferences
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
OUR SHARING OF PERSONAL DATA
We share personal data with your consent or as necessary to complete your transactions or provide the services you have requested or authorized. For example, when you provide payment data to make a purchase, we will share that data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services.
You may also select options available through our services to publicly display and share your name and/or username and certain other information, such as your profile, demographic data, content and files, or geolocation data.
In addition, we share each of the categories of personal data described above for the following business purposes:
•We enable access to personal data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access is needed to provide our services and operate our business.
•We share personal data with vendors or agents working on our behalf for the purposes described in this policy. For example, companies we've hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data to provide those functions.
•We may also disclose personal data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
We will also access, transfer, disclose, and preserve personal data when we believe that doing so is necessary to:
•comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies;
•protect our customers and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone;
•operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or
•protect the rights or property or ourselves or others, including enforcing our agreements, terms, and policies.
Third party analytics and advertising companies also collect personal data through our website and apps including, transaction details, account information, marketing and communications data, demographic data, content and files, geolocation data, usage data, and inferences associated with identifiers and device information (such as cookie IDs, device IDs, and IP address) as described in the Cookies section of this policy. These third-party vendors may combine this data across multiple sites to improve analytics for their own purpose and others. For example, we use Google Analytics on our website to help us understand how users interact with our website; you can learn how Google collects and uses information at www.google.com/policies/privacy/partners.
Finally, we may share de-identified information in accordance with applicable law.
Please note that some of our services include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal data to any of those third parties, or allow us to share personal data with them, that data is governed by their privacy statements.
CHOICE AND CONTROL OF PERSONAL DATA
Access, correction, and deletion. If you wish to access, correct, or delete personal data about you that we hold, you may email us at easyrobokit@gmail.com.
If you are unable to access certain personal data we have via the means described above, you can request access by contacting us as described at the bottom of this privacy policy. However, to the extent permitted by applicable law, we reserve the right to charge a fee or decline requests that are unreasonable or excessive, where providing the data would be prohibited by law or could adversely affect the privacy or other rights of another person, or where we are unable to authenticate you as the person to whom the data relates.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, and telephone. If you receive promotional email or SMS messages from us and would like to stop, you can do so by following the directions in that message or by contacting us as described in the Contact Us section below. If you receive a sales call from us, you can ask to be placed on our do-not-call list. These choices do not apply to certain informational communications including surveys and mandatory service communications.
Choices for Cookies and Similar Technologies. See the Cookies section for choices about cookies and other analytics and advertising controls.
EUROPEAN DATA PROTECTION RIGHTS
If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:
•You can request access to, and rectification or erasure of, personal data;
•If any automated processing of personal data is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal data in a usable and portable format;
•If the processing of personal data is based on your consent, you can withdraw consent at any time for future processing;
•You can to object to, or obtain a restriction of, the processing of personal data under certain circumstances; and
•For residents of France, you can send us specific instructions regarding the use of your data after your death.
To make such requests or contact our Data Protection Officer, please use the contact information at the bottom of this policy. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
We rely on different lawful bases for collecting and processing personal data about you, for example, with your consent and/or as necessary to provide the services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this privacy policy. You may make such a “request to know” by contacting us at easyrobokit@gmail.com.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, email us at easyrobokit@gmail.com or write to us at
Right to Opt-Out. You have a right to opt-out from future “sales” of personal information.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this privacy policy may be considered a “sale” under those definitions. In particular, we let advertising and analytics providers collect IP addresses, cookie IDs, and mobile IDs through our sites and apps when you use our online services, but do not “sell” any other types of personal information. For more information, including how to opt-out, please see the Cookies section of this policy. We do not knowingly sell the personal information of minors under 16 years of age.
Finally, you have a right to receive notice of our practices at or before collection of personal information, and you have a right to not be discriminated against for exercising these rights set out in the CCPA.
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.
Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law.
California Customers may request further information about our compliance with this law by e-mailing easyrobokit@gmail.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated e-mail address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove such content or information, please send a detailed description of the specific content or information you wish to have removed to easyrobokit@gmail.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
RETENTION OF PERSONAL DATA
We retain personal data for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations. After a user deletes Gamer Click apps or their Gamer Click account, personal data that is not needed for the reasons described above, will be deleted after three years.
LOCATION OF PERSONAL DATA
The personal data we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers maintain facilities. Currently, we primarily use data centers in the United States, Europe, China, and Asia-Pacific. The storage location(s) are chosen to operate efficiently and improve performance. We take steps designed to ensure that the data we collect under this policy is processed and protected according to the provisions of this policy and applicable law wherever the data is located.
Location of Processing European Personal Data. We transfer personal data from the European Economic Area (EEA), UK, and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do so, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections. To learn more about the European Commission’s decisions on the adequacy of personal data protections, please visit: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en
SECURITY OF PERSONAL DATA
We take reasonable and appropriate steps to help protect personal data from unauthorized access, use, disclosure, alteration, and destruction.
To help us protect personal data, we request that you use a strong password and never share your password with anyone or use the same password with other sites or accounts.
CHANGES TO THIS PRIVACY POLICY
We will update this privacy policy when necessary to reflect changes in our services, how we use personal data, or the applicable law. When we post changes to the policy, we will revise the "Last Updated" date at the top of the policy. If we make material changes to the policy, we will provide notice or obtain consent regarding such changes as may be required by law.
HOW TO CONTACT US
If you have a privacy concern, complaint, or a question for Gamer Click or our data protection officer, please contact us at easyrobokit@gmail.com.
Terms of Service ("Terms")
Last updated: ( 2025/7/24)
Please read these Terms of Service ("Terms", "Terms of Service") carefully before logging into any website or using any mobile application (the "Service") operated by Gamer Click. For purposes of this Terms of Service, “ Gamer Click ” shall mean Gamer Click, its partners, parent companies, subsidiaries, licensees, licensors and affiliates (collectively, also referred to herein as “we”, “our” or “us”), If you are under the age of 18, then you represent that your parents or your legal guardian have reviewed and agreed to these Terms in this Agreement.
THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE Gamer Click (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR MOBILE-GAME APPLICATIONS AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”). YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
Gamer Click reserves the right, in its sole discretion, to amend, change, modify, expand, or remove portions of the Terms in this Agreement at any time. You will be deemed to have accepted such changes by continuing to use any Service provided by Gamer Click. If the Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that Gamer Click may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
1 License and Intellectual Property
To use the Service, you must have a mobile device that is compatible with the Application. Gamer Click does not warrant that the Application will be compatible with your mobile device. If you decide to use the Service, subject to your agreement and compliance with these Terms, Gamer Click hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by you. Gamer Click also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. you acknowledge that Gamer Click may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device, but that Gamer Click has no obligation to do so. you consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and Gamer Click and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
The Service and all content thereon or therein are protected by copyright, trademark Gamer Click, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Gamer Click and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark Gamer Click, service mark Gamer Click or other proprietary rights notices incorporated in or accompanying the Service.
You agree that you shall not:
Modify, 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 without Gamer Click ’s explicit, prior written permission;
Use, display, mirror or frame the Service, or any individual element within the Service;
Use the intellectual property of Gamer Click , or any Gamer Click licensor, to adapt, modify or create derivative works based on such intellectual property;
Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
Use or reproduce any Gamer Click licensor, or third party trademark Gamer Click or logo without the prior express written consent of the owner of such trademark Gamer Click or logo.
2 Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). you do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service. Gamer Click prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by Gamer Click in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without Gamer Click ’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that Gamer Click may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that Gamer Click has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. Gamer Click reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that Gamer Click shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. Gamer Click may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. Gamer Click owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from Gamer Click.
3 Service Content
Gamer Click ’s platform provides users with an inalienability and non-exclusiveness license to use the Service, including:
3.1 Accept, download, install, start, update, register, display and operate related applications ;
3.2 Create game characters in the game, set the role name; check game rules, user profile, game match results, open game room, use chat function, sharing to social media function;
3.3 Use one or more other features that the game supports and allows.
The specific content of our services is provided by us according to the actual situation. We reserve the right to change, discontinue or terminate some or all services at any time. When providing services, we may charge users of some services (such as online games and other telecommunication value-added services) a certain fee. In this case, we will make a clear reminder on the relevant page. If you do not agree to pay the fees, you are giving up the relevant services.
4 User Accounts
4.1 Account Registration : To register an account, you may need to create a user account with your necessary personal information. Users shall guarantee that the information provided is authentic, completed, and correct, and prepare to assume the relevant legal responsibility of the information they provide, required by the law and all the terms provided in this agreement.
The necessary personal information entered by the users should correspond with their documents as the only valid identification of the user; when the user cannot prove their identity, we have the right to refuse to provide any information or assume any obligation.
4.2 Code of Conduct
The users cannot commit following behaviors when using Gamer Click Services:
4.2.1 Delete all the relevant information relating to the brand, copyright, and other rights of the application and its corresponding counterpart.
4.2.2 Attempt to do reverse engineer, disassemble and decompile this application .
4 . 2.3 About the relevant information of this application, without developers’ express written consent, people do not have the right to do the following action, including, but not limited to, attempting to use, copy, modify, link, transfer, assemble, publish, display, mirror or frame the website to develop derivative products within this application.
4.2.4 Attempt to use this application to publish, disseminate and store content that infringes on the national security, social stability, public order, social morality, or to advocate gamble, abuse, slander, bawdy, or any sexual connotation and offensive content that’ s against local laws, regulations and policies to make any uneasiness to the others, or set the net name, role-name containing the above details by any means.
4.2.5 Attempt to publish, transmit, disseminate, and store content that infringes on the intellectual property rights of others, such as intellectual property rights, trade secret rights, portrait rights, and privacy by use of this application and related services.
4.2.6 Conduct any actions to jeopardize computer network security, including, but not limited to: use of unlicensed data or access to unauthorized servers/accounts; access to public computer networks or other computer systems to delete, modify or expand stored information without permission; attempts to probe, scan, test the weaknesses of the application, network or other actions that undermine network security, without permission; attempt to engage in acts of interfering with or disrupt the regular operation of the app or website, intentionally spread malicious programs or viruses and other disruptive interference of the network information service; forging any TCP/IP packet header or any part of the header information in any way to send altered, deceptive or false source-identifying information.
4.2.7 Conduct any actions to infringe game-fairness or other behaviors that affect the routine order of the application, such as gaining game coins in illegal way, illegally creating accounts, partnership cheating or use other cheating software, BUG ( which means “defects” or “weakness”) to access benefits illegally, or use the Internet or other means to make plug-ins, cheating apps and public BUG.
4.2.8 engage in acts of dealing with any unsolicited or unauthorized game accounts, game currency, or operating any illegal business behavior such as promoting commodities, advertising, or other forms of solicitation in private.
4.2.9 Engage in ill-intentioned activities, including but not limited to consecutive applying for refund with the intention of obtaining game resources for free, etc.
4.2. 10 engage in any conduct intended to any behavior unrelated to the application through the services provided by the developer, including, but not limited to any other way to promote other apps or games by sending game coins, gifts, etc.; inviting and inducting other players to give up, stop using this application; or any other actions that will damage its trademark Gamer Click or regular order in this game.
4.2.1 1 attempt to publish any fraudulent, false, misleading, or deceptive information by pretending to be the developers, application service administrators, app form administrators or moderators.
4.2.1 2 engage in any conduct that infringes the public order in malicious screening, maliciously forcing players to leave the game , or maliciously time-consuming activities .
4.2.1 3 engage in acts or attempts to abuse, harm harass, and violence towards another person or illegally collect information through our service system by any means.
4.2.1 4 interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the Gamer Click’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users.
4.2.1 5 engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms.
4.2.1 6 attempt to use the Service on or through any platform or service that is not authorized by Gamer Click.
4.2.1 7 upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service.
4.2.1 8 send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation.
4.2.1 9 create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid rewards limits or restrictions established by Gamer Click.
4.2. 20 obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
4.2.2 1 develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications.
4.2.2 2 exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
4.2.2 3 use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
4.2.2 4 violate any applicable law or regulation.
4.3 Protection of User Accounts
4.3.1 Gamer Click reserves the right to review identity information provided by the user registered is true or not and have responsibility to guarantee the security and effectiveness of the user account by actively adopting reasonable measures in technology and management. Users are obliged to keep their accounts and passwords properly and use their accounts and passwords correctly and securely. If the user fails to perform the above obligations resulting in the loss of the account password, the account is stolen, etc., and the civil rights of the user and others are damaged, the legal liability arising therefrom shall be borne.
4.3.2 We have the rights and responsibilities for the actions of the account held after login. If there is any third direction, we give instructions, in the case of confirming that the account and password information is accurate, as long as the user agrees, we have the right to consider that we have obtained the user’s full authorization, and the consequences are all caused by the users.
4.3.3 If the user finds that the account or password has been illegally used by others or has abnormal use, please notify us immediately and inform us to suspend the login and use of the account, but the user should provide us with the name of the application, and valid identity information the users submits should keep consistent with their registered identity information. If we verify that the personal valid identity information provided by the user is consistent with the registered identity information, we shall take timely measures to suspend the login and use of the user account. Our platform reserves the rights to refuse the user’s demand mentioned when users cannot provide the individual valid ID or other certificate that can be proved are not conform to the information when you register.
4.4 User account services
We have the right to provide game-rules descriptions, answer to bug or plug-in complaints, commit game item retrievals, have game items locked or unlocked, deal with customer appeals or other customer services to the players through on-line game official website, customer service call and game administrators . Users should:
4.4.1 Understand the content, requirements and fees of these customer services through the official website of our customer service or other channels provided by our platform. Users shall consider carefully whether to choose and accept the corresponding customer services or not, and explicitly express the demand to us:
4.4.2 Agree and accept all the terms related to the exclusive agreement or clauses of the customer services;
4.5 Our platform reserve rights to stop the right of using this account if your account was regarded as stolen.
4.6 We will not assume the responsibility for that if the others illegally use the account or password due to the user's reasons. The user's responsibilities, including, but are not limited to: arbitrarily disclose the account number and password and all registration materials to the third party; multiple people share the same account; install illegal or unclear programs.
4.7 User-Generated Contents
4.7.1 We allow User-Generated Contents in our Service. To ensure that our Service remains safe and respectful to all users, User-Generated Contents should not include anything offensive or upsetting, including but not limited to:
(a) Hate or discriminatory speech that incites hatred against individuals or groups based on race, ethinic origin, disability, age, nationality, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization;
(b) Violence content, such as realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence or promotes self harm, suicide, or other acts where serious injury or death may result.
(c) Sexual content and profanity, including pornograpgy, child sexual exploitation material , sexually predatory behavior, nudity, sexual harassment, and other sexual content that would not be acceptable in an appropriate public context.
(d) Bullying, extortion, blackmail, humiliation, deceptive, defamatory content and harassment towards victims, or their friends and families, of international or religious conflicts, or a tragic event.
(e) Terrorism, including but not limited to, content that promotes terrorist acts, celebrates terrorist attacks, glorifies violence against civilians, or attracts and recruits new members for terrorist organizations.
(f) Capitalizing on or insensitive toward a sensitive event with significant social, cultural, or political impact, such as civil emergencies, natural disasters, public health emergencies, conflicts, deaths, or other tragic events .
4.7.2 Inappropriate content will be filtered from being posted. We also implement in-app functionality to report users and content. If you seek to create objectionable content listed in 4.7.1, you may be reported to us by other users. Gamer Click reserves all right to block abusive users from our Service. You could also contact us through easyrobokit@gmail.com.
5 Privacy policies and information protected
5.1 Respect for the privacy of the user’s private information is the principle of this application and related services. Developers should adopt appropriate measures to protect the user’s privacy. The user’s private information should not be disclosed to any other party without the permission of users, except for the legal reasons, or some legal authority of government departments requested or otherwise consented by the users individually.
5.2 User’s information protection
5.2.1 Developers shall inform the privacy protection policies and personal information utilization policies to users before requesting users to provide relevant information about their secret identities, and they should take necessary measures to protect the security of users’ data.
5.2.2 Without permission, developers, do not have the right to provide, disclose, or share users’ name, valid personal identification numbers, contact information, home address or other private details of users’ account registered. Except in the following conditions:
A. Users or legal guardian of users empower the right for disclosing information by the developers;
B. Information required by law to be published by developers;
C. Information provided by the judiciary or administrative agency based on legal procedures;
D. When a developer files a lawsuit or arbitration against a user to protect his or her legitimate rights and interests;
E. When providing personally identifiable information to users by the legal requirements of the user’s guardian.
6 Ownership
6.1 All rights, title and interest in and to the Services (including, not limited to , any subtitles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games played using a Gamer Click client and the Gamer Click clients and server software) are owned solely by Gamer Click. Gamer Click reserves all rights, including, not limited to, all intellectual property rights or other proprietary rights in connection with its games and the Services.
6.2 No one may copy, decompile, disassemble any function or program without the authorization of us, and may not reverse engineer any service and/or application.
6.3 You hereby agree and acknowledge that the User Account Data and all other relevant information, including but not limited to personal information provided by the User, Game Characters and Virtual Items in the Account, are owned by us. We grant users the right to use it according to this agreement. We have the right to dispose of the user account data and all other relevant information. Users should follow the requirements of this agreement and the specific rules of the game when purchasing and using the aforementioned Virtual Items; At the same time, such virtual objects may be subject to a certain period of validity. Even if the user doesn’t use it within the specified validity period, in addition to the force majeure or the reasons attributable to us, once the validity period expires, it will automatically become invalid.
6.4 We may involve third-party intellectual property rights, and such third parties shall comply with the requirements of users for the use of such intellectual property rights in us based on this agreement.
6.5 Given the particularity of the Internet, users must comply with the laws and regulations implemented in relevant countries and regions as well as the related international intellectual property rights agreement when posting on the company's website and various official forums, posting information or using our services.
7 Suspension and Termination of Services
7.1 Suspension of Services : The user hereby agrees and confirms that Gamer Click has the right to suspend some or all of the Services when one of the following acts occurs, at Gamer Click ’s sole discretion:
7.1.1 Provide false registration information;
7.1.2 Conduct illegal actions against this Agreement;
We reserve the right to stop offering and/or supporting the Services, including, but not limited to, any particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, we shall inform users the duration of termination, which is reasonable. After the expiration of the suspension, we shall promptly resume the services to the users. However, when the suspension period expires, if the user's default status still exists, we reserve the right to extend the period of suspension of service.
7.1.3 The account data of the user's game characters, game props, game equipment, and game currency may be abnormal due to game software bugs, version update defects, third-party virus attacks, or any other factors; We is obliged to figure out the reasons for suspension when the situation of 7.1.3 happens. In this event, we shall not be required to assume any responsibilities for the users and have the right to restore the game account to the state before the abnormality, if we found that the abnormal data are out of normal behavior.
7.1.4 Users conduct any actions that infringe the rights or benefits of the third-party.
7.2 Gamer Click Termination of Services
reserves the rights to terminate the Service, terminate user services, and/or delete user accounts at any time. Such actions may result in the loss of your account, including but not limited to, your registration information, rankings, game-role information, items, and all relevant details to this account. Please note that Gamer Click will not be held responsible for any benefits and loss incurred, and Gamer Click is under no obligation to compensate you for any of this.
8 Updates to the Site and Service; Maintenance
You acknowledge and agree that Gamer Click may update the Service with or without notifying you. Gamer Click may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. Gamer Click conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to Gamer Click when the problem is encountered at easyrobokit@gmail.com.
9 Special Notification
9.1 The users shall acknowledge and agree that we reserve the rights to move the users of the same application that exist on different servers to the same server for consolidation (which refers to as “combination”) , according to the requirement of our actual operation and cost for this application. After this action, user’s account information and data are still valid, and users shall acknowledge and agree to any reasonable changes led by such combination (including but not limited any rankings change ). In such event of termination of this Agreement, users shall agree that we choose to cease to providing part of or all of the services and provide you with no less than 60 days prior notice, and also hold a clear understanding not to request any compensation whatever loss will be on yourselves or the third-parties relating to the rights mentioned, and voluntarily assume any obligation for any reason.
9.2 Users shall fully acknowledge and agree that we have the right to limit the number of wins or losses per game, daily game coins, game credits, or other game items, and remind users through a proper way.
9.3 The user hereby promises to obtain virtual currency, game props, game equipment, etc. related to online games only through our official channels or their authorized official channels, and any purchase or acceptance through our unofficial channels or unauthorized official channels. If the gift or other price is obtained in the above game, the user shall bear the corresponding risks, and the acts will be regarded as serious breach of contract and violation of laws and regulations. We not only have the right to prohibit the use of game items in the application, but also have the right to immediately suspend, terminate the service and delete the account without any liability; and for the serious circumstances involved we also have the right to hand t he parties (including the users and any third parties involved in the transaction) over to the public security organ .
9.4 The user hereby acknowledges and agrees that any act of trading virtual currency and virtual props with other users or any third party outside of the application or outside the application will be considered a serious breach of contract and illegal activities. We not only have the right to prohibit the item not to be used normally in the application, but also have the right to immediately suspend , terminate the service and delete the account without any liability; and for the serious circumstances involved, we also have the right to hand over the relevant parties(including the users and any third parties with whom they deal) to t he public security organ .
9.5 The user hereby confirms and agrees that the measures taken by us due to the user’s behaviors in violation of laws, regulations or agreements may not affect the interaction of the user's game account with other game users in accordance with the relevant game rules, and the above measures may result in the expiration of the props and equipment under the account item currently used by user due to the expiration of the period of use of the above-mentioned measures, and the loss may be borne by the user. That is, the duration of the above measures taken by us is calculated during the period of use of the game props and game equipment with the expiration date; after the execution of these measures is terminated, the use period of the game props and game equipment will not be renewed.
9.6 The user hereby acknowledges and agrees that the game items sold in the online games and/or their affiliated malls are not marked with a term of use, or that the games whose use period is "Permanent", "Indefinite" or "Unlimited", the item only refers to the indefinite period of use during the operation of the online game, and the period of use is from the date the user obtains the item of the game until the end of the operation of the online game . Once the agreement is terminated or the online game is terminated due to various reasons, the user will not be able to continue using the game items.
9.7 The user hereby confirms and agrees that the relevant game data of the online game will occupy the server space of the online game, and retaining all the game data generated by the user in the process of using and enjoying the online game product and service for a long time will largely squeeze the server space, affect the game speed of users and other users, and increase the operating cost of us. Therefore, we will periodically transfer some of the past game data stored on to the server or permanently delete it.
9.8 The user hereby confirms and agrees that the user's conduct in violation of relevant laws and regulations or this Agreement is imminent and instantaneous. At present, we usually sets a security program in the server software and/or client software, and the security program analyzes and judges the received game data transmitted from the mobile phone used by the user. If the game data is received in accordance with a number of analysis indicators set in advance in this security program, or if it meets one or more of the indicators set in the program multiple times, then we may judge that the user has violated relevant laws , the prescription of the regulation or this agreement. Of course, we may also adopt different methods to analyze and judge. However, no matter which methods we adopt to judge the violation of relevant laws and regulations or this agreement by users, the user's consent is based on the relevant data and judgment methods and standards provided by us. The user has no objection to this.
9.9 The user hereby confirms and agrees that the violation of relevant laws and regulations or this agreement by the user may be an instant moment that allows many users to know the behavior. If we do not take various measures immediately, it can cause very serious and very bad consequences. In this regard, the user has fully understood and fully agree d that we have the right to take relevant measures.
9.10 We commit to abide by the state's laws and policies on protecting the physical and mental health of young people and protect the physical and mental health of young people in accordance with relevant national laws and regulations. Users should abide by the relevant national laws and regulations and the rules and regulations on the protection of adolescents' physical and mental health.
9.11 We reserve the right to take relevant measures and adopt one or more of the following measures .This is consented by uses when the person has violated the relating laws or regulations:
(1) Immediately disconnect the network connection between the user's current mobile phone and the online game server, the user must log in again to continue using the online game;
(2) Temporarily prohibit users from logging in to online games with the currently used account;
(3) Temporarily prohibit the user from using a certain online game character created under the currently used account item;
(4) Temporarily limit the activity range of a certain online game character under the current account to a specific game area;
(5) Temporarily prohibit the user from using a function that requires payment in the online game until the user pays the owed fee and the corresponding fee is paid in advance for continuing to use the above payment function;
(6) Reduce or clear the records of points, grades and/or honors of the account currently used by the user in the online game;
(7) Temporarily prohibit users from making any comments in online games with the currently used account;
( 8 ) Take other measures than the above.
9.12 We have the right to take one or more of the above measures continuously, intermittently or alternately.
10 Risk and disclaimer
10.1 We do not accept any express or implied warranty for the services provided by us, and the stability, security, error and uninterrupted service provided by us may also be affected by the circumstances described in Article 8. The user shall bear all risks and possible damages happened under above circumstances.
10.2 We do not guarantee that there will be no program bugs and will not be liable for any problems arising therefrom.
10.3 We do not guarantee our services provided that will satisfy each user’s requirement. And we also cannot promise that the services will not be interrupted, or that the service will be timely, safe, correct, or successfully transited.
10.4 Users shall acknowledge and agree that any risks of using our services will be entirely by themselves; all consequences arising from the use of our services are also borne by themselves , and we assume no responsibility for any reason.
10.5 The User hereby agrees and acknowledges that, to the fullest extent permitted by applicable law, the services provided by us are provided to the User on an "as is" and "as available" basis and do not include any types of express or implied warranty ( This includes, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and various possibilities arising from trading habits. We do not guarantee that users can access or use our services according to the time and place they choose. We do not guarantee that our services will not be interrupted or error-free, we will not guarantee that the defects will be corrected, and we will not guarantee that our services are free of viruses or other harmful elements.
10.6 The users hereby confirm and agree that there is an objective situation of non-interoperability between different operating systems. This objective situation is not caused by us, which may result in the user's recharge in one operating system and the game data cannot be smoothly transferred to another operation. In the system, due to the user's risk of recharge loss and game data loss caused by switching between different systems, the user shall bear the responsibility and shall not require any responsibility of us.
10.7 The User hereby agrees and acknowledges that the use of this application in connection with Internet services may be affected by instability in all aspects. Therefore, this application has the risk of service interruption or failure to meet user requirements caused by force majeure, mobile phone virus or hacker attack, system instability, user location, user shutdown, and any other technology, internet, communication line reasons.
10.8 The user hereby agrees and acknowledges that this application may include any content that is threatening, defamatory, offensive or illegal, or infringement of the rights of others (including intellectual property rights). The risk of impersonation information is subject to the above risks, and the developer does not make any type of guarantee, whether explicit or implied, including all informational authenticity, suitability for a particular purpose, ownership and non-infringement. Implied warranties and conditions shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the user's improper or unlawful use of the application.
10.9 Users understand that this application, like most Internet products, is vulnerable to a variety of security issues, including but not limited to:
(1) The user improperly discloses the detailed personal data and is used by criminals to cause harassment in real life;
(2) The user is tricked to loss password;
(3) Other software downloaded and installed by users contains viruses such as “Trojan Horse”, which threatens the security of information and data on personal mobile phones, and then threatens the use of this application and services.
10.10 The opinions, suggestions, and other contents expressed by the users on the official website of the service are the individual opinions of themselves, which do not represent our opinions, as a result, users shall assume all consequences raising from aforesaid legal disputes are not of our responsibility, and there is no obligation for us to compensate.
11 Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.We have no control over, and assumes no responsibility for, the content,privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
12 Indemnification
12.1 The User agrees to protect and safeguard the interests of us and other users. If the user violates any relevant laws, regulations or any terms of this Agreement, and cause the Company, or its affiliates, servants, trustees, agents or / and other related performance supporters or any other third party damages or expenses (including but not limited to litigation costs incurred by legal proceedings, administrative procedures, attorney fees, actual losses incurred, etc.), the liability for damages and expenses should be borne by aforesaid user.
12.2 We are not liable for any damages, direct or indirect, derivative damages or lost profits caused by the use of our services or the inability to use the Internet.
13 Supplementary Provisions
13. 1 The interpretation, validity and resolution of this agreement shall apply to the laws of Hong Kong, excluding conflicts of laws.
13. 2 In the event of any dispute or dispute arising from this Agreement, all parties shall settle it through friendly negotiation or as provided under Section 15 herein.
13. 3 We reserve the right to interpret this Agreement to the fullest extent permitted by applicable law.
14 Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a
revision is material we will try to provide at least 3 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15 Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and Gamer Click agree that all Disputes, as defined below, between you and Gamer Click will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
a. Purpose
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Gamer Click.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
For the purpose of these Terms, including this Provision specifically, “ Gamer Click ” means Gamer Click , its partners, parent companies, subsidiaries, licensees, licensors and affiliates. “Dispute” means any dispute, claim, or controversy between you and Gamer Click regarding any aspect of your relationship with Gamer Click , whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
b. Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND Gamer Click EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and Gamer Click are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Gamer Click might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
c. Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Gamer Click specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
d. Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Gamer Click an opportunity to resolve the Dispute. You must commence this process by written notification to:
Gamer Click
That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Gamer Click does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
e. Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Gamer Click may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE Gamer Click WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
Gamer Click
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Gamer Click through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Gamer Click. If you do not provide the Company with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (i) and (ii) above.
Additionally, notwithstanding the above, Gamer Click reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
f. Arbitration Procedures
For Disputes between the Gamer Click and that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or Gamer Click may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Center (“ HKIAC ”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong , at HKIAC , in accordance with the HKIAC Arbitration Rule s in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC , this Agreement shall be construed in accordance with and governed by the laws of Hong Kong , regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong . No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation .
g. Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
h. Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
16 Waiver; Severability
The failure of Gamer Click to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gamer Click. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
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