Terms and conditions
IMPORTANT, READ CAREFULLY:
These terms and conditions ("Terms and Conditions") are a legal and binding agreement between you, an individual user or a user who also acts as a provider of Third Party Services ("You" or "Yourself"), and Good Game Ltd, Reg. No: C53800 Naxxar, NXR 6345, Malta ("Good Game"), for the service You are about to use.
BY USING ANY PART OF THE SERVICE OR ASSOCIATED CONTENT, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS AND CONDITIONS INCLUDED IN AGREEMENT, DO NOT USE ANY PART OF THE SERVICE.
You understand and acknowledge that it is of material importance that any and all information that you provide in the service about Yourself is true and accurate at all times. You understand and acknowledge that there may be gambling-related legal restrictions and that the advertising content may be illegal for some target groups and in some countries.
You represent that you are over 18 years old and that You have the legal capacity to enter into agreements and the ability to make decisions concerning Your use of games and gambling sites that may display forms of advertisement. You further represent that your location information remains correct at all times and that you do not use any such techniques that would modify the location or transfer the traffic to another jurisdiction.
In no event shall the Service be used in places where promoting and advertising gambling is illegal or by persons to whom it is illegal to provide such content.
- Definitions (For the purpose of the Terms and Conditions)
"BOJOKO Platform" shall mean the website, computer programs, electronic files and other content, including but not limited to text, video and audio files, documentation and graphic images, provided to You by Good Game or its licensors or agents on the BOJOKO websites as well as possible updates, support and maintenance services provided to You by Good Game.
"User Created Content" shall mean all the material, files and content, including but not limited to the electronic files, text, video and audio files, graphic images and documents created by You or other users of the BOJOKO Platform. The personal information of a Registered User shall not be considered User Created Content unless publicly posted and disclosed by You.
"BOJOKO Etiquette" shall outline the expectations related to respectful and conventional behaviour in relation to use of BOJOKO Platform. Etiquette shall mean behaviour that is observant of other users. BOJOKO Etiquette prohibits inter alia unlawful, offensive, threatening, insulting and disrespectful comments and any disruptive User Created Content as well as use of the BOJOKO Platform for creation of spam, or advertisement of irrelevant products and services.
"Registered User" shall mean an individual user who has created a personal user account in the Service in order to be able to use the parts of the Service that are meant for Registered Users only.
"Non-registered User" shall mean an individual user or a visitor at the website who has not created a personal user account in the Service and who is able to view and use solely those parts of the Service that do not require registration or logging into the BOJOKO Platform.
"Service" shall comprise the availability of the BOJOKO Platform and its contents and communications including User Created Content under the Terms and Conditions.
"Third Party Service" shall mean a service that is independent of the Service and provided by third party service providers. Such a Third Party Service may contain gambling services, casinos and games of chance and such services may be advertised on the BOJOKO Platform.
- Availability of the BOJOKO Platform
- Good Game is the provider of the BOJOKO Platform that You may use for the purpose of reading and posting User Created Content, such as casino, game of chance and gambling reviews, recommendations, player feedback and comments, as well as for receiving third party communication on game information and other information on gambling possibilities.
- Upon accepting the Terms and Conditions, Good Game grants You a non-transferable, revocable, worldwide, non-exclusive, restricted license for the duration of the Terms and Conditions to use the BOJOKO Platform and to access the Service, provided that Your use is at all times fully compliant with these Terms and Conditions, good and respectful practices and the BOJOKO Etiquette.
- As a Registered User, You will be provided a possibility to create, save and delete Your User Created Content and make adaptations and modifications to the BOJOKO Platform user interface as enabled by pre-existing BOJOKO Platform settings.
- Registered Users shall have the possibility to benefit from parts of the BOJOKO Platform that may be personalised. Registered Users may affect the display arrangements (reviews, top lists) and follow certain lines of communication with other Registered Users. Registered Users may request notifications related to the topics and recent communications of Registered Users that they follow.
- The Service is provided by Good Game as is and its content may be amended with no prior notification. Nothing in the Terms and Conditions shall limit the possibilities of Good Game to further design and develop the BOJOKO Platform and the Service. BOJOKO has the right to conduct market analysis and examine patterns concerning navigation data and preferred personalisation settings in a manner that does not reveal use of any identifiable persons.
- You undertake to procure, update and maintain the software, hardware and licenses required for the functioning of the devices, network connections and storage media that are necessary for use of the Service. The procurement, functionalities and operation of such necessities are Your responsibility. You are responsible for the compatibility of Your systems with the BOJOKO Platform and Good Game provides no guarantee or warranty related to the availability or the correct functionality of the BOJOKO Platform.
- For avoidance of doubt, You acknowledge that Platform, User Created Content by other users, Third Party Service providers' products, games or any other content and the BOJOKO Platform are not sold nor perpetually transferred to You under the Terms and Conditions.
- Nothing in these Terms and Conditions shall be interpreted to authorise You to make any permanent copies, reproductions, modifications, alterations of the BOJOKO Platform, other users' User Created Content or Third Party Service Provider's content or to communicate or make the Service available to third parties in whole or in part.
- You agree not to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of the BOJOKO Platform or any portion thereof.
- You further agree not to or to use or modify the Service for any unlawful purpose and that You will use the Service in the country of Your actual whereabouts and not direct the communications traffic to other jurisdictions.
- You undertake not to remove or obscure any part of the BOJOKO Platform, Third Party Service providers' content or User Created Content, including but not limited to trademarks, logos, advertisement, proprietary notices, tracking information or any other communications and announcements.
- Your User Created Content
- By using the Service or any part thereof, You agree and accept that any visitor of the BOJOKO Platform, Registered Users, users who are providers of Third Party Services and Good Game are provided access and non-exclusive right to use, transfer, adapt, modify and commercially exploit in the most generic sense Your User Created Content.
- You expressly grant Good Game, any visitor and all the users an authorisation to use any and all rights, titles and interests as well as any potential intellectual property and proprietary information that You may have in Your User Created Content, by providing an unrestricted, perpetual, irrevocable worldwide licence to make reproductions, rearrangements or citations in whole or in part and to further transfer such rights to Your User Created Content. Further to the foregoing, You grant to BOJOKO a licence in the User Created Content to use, adapt, modify, reword or redesign, and commercially exploit the User Created Content.
- Good Game has a right but no obligation to publish any part of Your User Created Content on the BOJOKO Platform, its online marketing channels and on social media.
- The Platform is intended for gambling related communication and content only and it shall not be used as a marketing platform by Registered Users or Non-Registered Users.
- You shall in no event enter, download or write any such content that infringes intellectual property rights, trade secrets or any other proprietary rights of Good Game or third parties. You expressly represent that You will ensure that Your User Created Content shall not infringe the intellectual property rights of third parties or Good Game.
- You agree to use the Service in compliance with BOJOKO Etiquette. You undertake not to post, share or communicate any content that is unlawful, threatening or offensive, creates spam or advertises services of third parties. Your use shall at all times remain respectful and appropriate and You agree and accept that You will retain the responsibility for Your User Created Content at all times.
- You agree and acknowledge that in addition to the license granted in sections 3.1 and 3.2, Good Game has the authorisation to make deviations, alterations, modifications and rearrangements of the Service and to modify anything that appears on the BOJOKO Platform, including User Created Content and its components. Good Game has the right to delete any part of or all Your User Created Content without any notice.
- Good Game shall have the unrestricted right to use and transfer its rights to the Service, including Your User Created Content and any information that results from Your use of the Service.
- Third Party Service Provider's Content
- Good Game is a provider of the BOJOKO Platform that You may use for easy access to information concerning games and services provided by Third Party Service providers. The BOJOKO Platform may contain reviews, recommendations, player feedback and comments that are meant for users interested in gambling, casinos and game of chance. Good Game assumes no liability over advertisement, casinos, games of chance or any other content that is provided by other users or Third Party Service providers.
- The playing, betting and use of games and casinos by Third Party Service providers is subject to separate agreements between You and said Third Party Service providers, and any related rights, obligations and liabilities are expressly excluded from the scope of these Terms and Conditions. Good Game assumes no responsibility for Third Party Service Provider's content available on the BOJOKO Platform or linked through the BOJOKO Platform.
- Good Game retains the right to modify, rearrange and adapt the Service and the BOJOKO Platform and visibility as well as accessibility of any content in the Service. Good Game shall have the right to discontinue visibility of any Third Party Service in whole or in part at any time. Good Game has the right but no obligation to interrupt advertisement and remove any content or information related to a Third Party Service provider at any time.
- You agree and acknowledge that the BOJOKO Platform is for Your use only and that the possible Third Party Service providers' communication that You may receive is non-transferable and intended for You only. You shall not use the BOJOKO Platform in a manner allowing the Service or any content included in or appearing on the Service to be transferred or made available to third parties who are not Registered Users or Non-Registered Users.
- If You are a user who also operates as a provider of Third Party Services and if You have been provided a presentation and advertisement page by Good Game, You undertake to ensure that any and all information about You, Your services, advertisement and campaigns, that appears on Your page or on the Bojoko Platform is correct, accurate, lawful, easily understandable and compliant to good business practices. You further undertake to provide Your services and any related campaigns to consumers with easily understandable and terms of service.
- You shall not publish or have published any content or information concerning Your services or campaigns without having acquired all the necessary licenses and permits that may be required in any of Your target countries (i) for provision of Your services, or (ii) for Your advertising and campaigns, or (iii) for marketing of Your services to Your target group.
- Proprietary Rights
- Good Game and its licensors and agents shall own and retain any and all rights, titles, and interests in and to the BOJOKO Platform and to any updates, alterations and modifications related thereto.
- Without limiting the rights that You grant to other users and visitors of BOJOKO and to Good Game, You shall retain Your ownership and responsibility over the User Created Content that You upload, write or enter into the Service.
- The Third Party Service providers are responsible for the services advertised on the BOJOKO platform and nothing in these Terms and Conditions is intended to affect the rights and obligations or proprietary rights related to Third Party Services.
- Term and Termination
- These Terms and Conditions are effective and binding when accepted and shall remain valid until terminated.
- Good Game has the authority to discontinue the Service at any time without any prior notice. These Terms and Conditions shall be automatically terminated with immediate effect at the time of discontinuation of the Service.
- Good Game has the authority to terminate these Terms and Conditions with immediate effect by a notice to You or by deleting Your user account.
- Your user account may be deleted in case Your use of the Service or Your User Created Content has been deemed by Good Game as threatening, offensive or infringing of the rights of Good Game or third parties. If such a breach or infringement is deemed severe by Good Game, Good Game has no obligation to provide any prior notices or warnings to You before deleting Your user account or Your User Created Content.
- You have a right to terminate these Terms and Conditions with immediate effect by closing Your user account and refraining from any further use of the Service. Termination by You does not mean the automatic removal of User Created Content from the BOJOKO Platform and the licence granted by You to Good Game in the User Created Content under section 3 shall survive the termination.
- Upon termination of these Terms and Conditions for any reason, You shall immediately stop using the Service and You shall delete any Service-related content that You may have on Your hard drives, networks, devices, and other storage media.
- Good Game shall have no obligation to delete, store or return any User Created Content. You agree and accept that termination of Terms and Conditions for any reason as well as failure to comply with the Terms and Conditions may lead to loss of Your data.
- The sections 3.1 and 3.2 (Irrevocable Licence), 7.5 and 7.6 (Indemnification) and 8 (Limitation of Liability) shall survive the termination of Terms and Conditions together with any other provisions that survive the termination by their nature.
- Representations and Warranties
- THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". GOOD GAME EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE SERVICE BEING NON-OFFENSIVE, NON-INFRINGING OR FREE FROM ERRORS OR INTERRUPTIONS OF USE.
- Good Game provides no warranty for continuous or uninterrupted access to the BOJOKO Platform, and You accept that the operation of the BOJOKO Platform may be disrupted by factors outside the control of Good Game.
- You acknowledge and agree that neither party shall bear any liability or responsibilities for the actions of the other party. You represent and warrant that Your use of the Service and any and all parts thereof is and remains in compliance with all applicable laws, regulations and governmental decisions and orders as well as good and respectful practices and BOJOKO Etiquette.
- You further represent and warrant that any information that You provide in the Service is true and accurate and that Your use of the Service shall be non-offensive, non-threatening and remain at all times compliant with law, Terms and Conditions and third party proprietary and other rights. You agree to update any potential changes to Your Personal information in Your user account and to ensure that the place of Your use of the Service is correct.
- You shall take full responsibility for Your User Created Content. You shall hold Good Game indemnified and harmless against any liability, claims, damages, legal expenses and other losses that Good Game may incur as a result of publishing prohibited, infringing or illegal content on the BOJOKO Platform by You.
- If You are a user who is also a provider of Third Party Services You shall take full responsibility for Your services and for the contents of Your presentation and advertisement page. You shall hold Good Game indemnified and harmless against any liability, claims, damages, legal expenses and other losses that Good Game may incur as a result of publishing or providing prohibited, infringing or illegal information or content that has been published, provided or accepted by You.
- Good Game conducts no preliminary examination or pre-screening of any content that is provided on the BOJOKO Platform. Good Game expressly excludes any liability over Third Party Service provider's content, communications and services.
- You agree and acknowledge that You may not rely on any assumption of Good Game's responsibility for the content provided by third party users or Third Party Service providers. The Third Party Service providers operate under their respective agreements and legislation. Good Game does not represent or warrant that their services are non-infringing or lawful for You to use. You are hereby advised to turn to the Third Party Service providers themselves to find out more about the legal environment in which they operate.
- Limitation of Liability
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL GOOD GAME BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR INCIDENTAL DAMAGE, COST OR EXPENSE, LOSS OF PROFIT, BUSINESS OR GOODWILL, INCLUDING, WITHOUT LIMITATION TO, DAMAGES, EXPENSES AND COSTS CAUSED BY LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION OR DAMAGES, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICE OR FROM USER CREATED CONTENT OR SERVICES OF THIRD PARTY SERVICE PROVIDERS, OR FROM ANY MATTER BEYOND GOOD GAME'S REASONABLE CONTROL.
- YOU ARE SOLELY LIABLE FOR ANY DIRECT AND INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL DAMAGES, INJURIES, DEATH, ANY KIND OF DAMAGE TO PROPERTY AND SPECIAL DAMAGES RESULTING FROM OR CAUSED BY YOUR USE OF THE SERVICE OR BY YOUR NEGLIGENCE OR WILFUL MISCONDUCT AS WELL AS ANY LOSSES OR DAMAGES CAUSED TO YOU OR OTHERS FROM THE USER CREATED CONTENT.
- GOOD GAME'S AND ITS LICENSORS' MAXIMUM AGGREGATE LIABILITY FOR DAMAGES, COST OR EXPENSES OF ANY KIND RELATED TO OR ARISING OUT OF THIS AGREEMENT SHALL BE ENTIRELY EXCLUDED, EXCEPT WHERE NOT PERMITTED BY THE APPLICABLE LAW, IN WHICH CASE GOOD GAME'S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW OR EUR 100 WHICHEVER IS THE LOWEST PERMITTED. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF GOOD GAME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
- Personal Information
- The data processing takes place primarily in Malta and UK but You expressly agree and accept that the Service may be provided also by using computing resources and servers that are located in other countries and outside EU.
- Good Game shall have the right to track Your use of the BOJOKO Platform, collect and provide information on Your visits to BOJOKO and forward the related data to Third Party Service providers. Good Game shall have the power but no obligation to improve the Service and communicate desirable developments to any Third Party Service provider and create statistics from the user data.
- These Terms and Conditions state the entire agreement concerning the license between the parties and supersedes all other agreements and representations between You and Good Game. Any user-specific amendments to the Terms and Conditions shall be made in writing and signed by both parties.
- Notwithstanding the foregoing, Good Game has the power to update the Service and the Terms and Conditions applicable to all users at any time. Any amendments and updates shall be at the sole discretion of Good Game. Good Game shall publish the updated Terms and Conditions on the BOJOKO Platform.
- These Terms and Conditions may be published in several languages for information purposes. It is only the English version that is the legal basis of the relationship between You and Good Game and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version shall prevail.
- Notices concerning or related to this agreement shall be deemed received by Good Game within 24 hours after being sent to the email address email@example.com. Notices are deemed received by You within 24 hours after being published on the BOJOKO Platform or sent to the email address saved in Your personal account.
- If any provision of the Terms and Conditions is deemed unenforceable, the remaining provisions shall remain in full force and effect to the extent possible. Any failure of Good Game to react to any breach of the Terms and Conditions does not constitute a waiver of its rights and shall not limit Good Game's possibilities to react to the breach later or to any subsequent breaches.
- The Terms and Conditions establish a personal agreement between You and Good Game and You may not assign or transfer the Terms and Conditions or any part thereof to any third party for any reason whatsoever without Good Game's prior written consent. Good Game expressly reserves the right to assign these Terms and Conditions and to delegate any of its obligations hereunder if conducted in connection to a transfer of the business or portion thereof.
- The headings in the Terms and Conditions are for referential purposes only and shall not affect the interpretation of this agreement.
- These Terms and Conditions shall be governed by and construed under the laws of Malta. The sole and exclusive jurisdiction for any legal actions or proceedings arising under these Terms and Conditions shall be with the Maltese Courts unless another place of jurisdiction or arbitrator is separately agreed between the parties. Questions concerning these Terms and Conditions and any notices related thereto should be sent to the email address firstname.lastname@example.org.