Terms and conditions
BY USING GOOD GAME'S SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM 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 Gżira, GZR 1324, 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 THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE.
You understand and acknowledge that it is of material importance that any and all information that You provide on the BOJOKO Platform 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 not be suitable for all groups and in some countries.
You represent that you provided Good Game with Your correct age 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 state or jurisdiction.
These Terms and Conditions and other legal and binding documents may be amended from time to time. The applicable Terms and Conditions are always the most updated version which is uploaded on the BOJOKO Platform. Whenever these Terms and Conditions are modified, Good Game will post the changes on the BOJOKO Platform which will constitute notice to You, and You will have the possibility to delete Your user account. Your continued use of the Service is Your agreement to any and all updates and modifications to the Terms and Conditions. If You do not agree to the updated Terms and Conditions, You must stop using the BOJOKO Platform.
When You use the Service, or send e-mails, text messages, and other communications from Your desktop or mobile device to us, You may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the BOJOKO Platform, and You can retain copies of these communications for Your records. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
The Service is provided for responsible use only. You may not misuse the Service. You may use the Service only as permitted by law. In no event shall the Service be used in a manner that would enable persons for whom it is illegal to provide such content access or to see the 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 behavior in relation to use of BOJOKO Platform. Etiquette shall mean behavior that is considerate 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 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 to 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 BOJOKO Platform and its contents and any User Created Content under these 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 Service that comprises 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 communications on game information and other information on gambling possibilities.
- Subject to Your continued compliance with these Terms and Conditions, Good Game grants You a non-transferable, non-sublicensable, revocable, worldwide, non-exclusive, restricted license to access the Service and to use the BOJOKO Platform provided that Your use is at all times fully compliant with these Terms and Conditions, good and respectful practices and the BOJOKO Etiquette. Unless expressly otherwise agreed, your license is for personal and non-commercial use only.
- As a Registered User, You will be provided an opportunity 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 may benefit from parts of the BOJOKO Platform that may be personalized. 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 Good Game's rights to further design and develop the BOJOKO Platform and the Service. Good Game has the right via the BOJOKO Platform to conduct market analyses and examine patterns concerning navigation data and preferred personalization settings in such a manner that no information on identifiable persons is processed.
- Good Game does not endorse and is not responsible for any User Created Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the BOJOKO Platform, You may come into contact with content (including User Created Content or Third Party Service provider content) that You find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and You acknowledge that Good Game shall have no liability with respect to such content.
- You undertake to procure, update, and maintain the software, hardware and licenses required for the functioning of the devices, network connections and browser that are necessary for Your 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 functioning of the BOJOKO Platform.
- For the avoidance of doubt, You acknowledge that BOJOKO Platform, User Created Content, Third Party Service providers' products, games, or any other content that is accessible through use of the Service are not sold or transferred to You under these Terms and Conditions.
- No implied licenses are granted, and nothing in these Terms and Conditions shall be interpreted to authorize You to make any permanent copies, reproductions, modifications, or 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 organization of the BOJOKO Platform, included computer programs or any portion thereof.
- You further agree not to use or modify the Service for any unlawful purpose and understand that any unlawful conduct shall be deemed material breach of these Terms and Conditions. You agree to use the Service only 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.
- Good Game reserves the right to refuse service, terminate accounts, terminate Your rights to use the Service, or remove or edit Your User Created Content in its sole discretion.
- You may not use the Service if You are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Service. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
- Your User Created Content
- By using the Service or any part thereof, You agree and accept that any visitors of the BOJOKO Platform, Registered Users and providers of Third Party Services can see the User Created Content that is submitted by You. All users are provided access and a non-exclusive right to use Your User Created Content in accordance with these Terms and Conditions.
- By using the Service or any part thereof, You grant Good Game a non-exclusive, worldwide, perpetual, royalty-free, fully sublicensable, and irrevocable license and right to use, reproduce, adapt, modify, transfer, translate, publish, display, distribute, communicate to third parties, create derivative works from, and commercially exploit Your User Created Content in any all media throughout the world. You grant Good Game the right to use the name that you submit in connection with Your 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.
- Unless expressly otherwise agreed, 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 other users of the Service.
- 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 third parties or Good Game. 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 represent and warrant that You own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Good Game for all claims resulting from Your User Created Content.
- 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, or content that creates spam or advertises services of third parties. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin Your User Created Content. 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 are prohibited from posting any User Created Content containing official identification information (whether Your own or of another person), such as social security number, passport number, national identification number, insurance number, driver's license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Good Game may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information.
- You agree and acknowledge that in addition to the licenses granted in sections 3.1 and 3.2, Good Game has the authorization 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 (but not the obligation) to delete or edit any part of or all of 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.
- Good Game reserves the right to disclose all User Created Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Service; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Good Game may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user's electronic address and identity, or other properly requested information.
- Third Party Service Provider's and Other Users' Content
- You may use the BOJOKO Platform for easy access to information concerning games and services provided by Third Party Service providers. The BOJOKO Platform contains reviews, recommendations, player feedback, and comments that are meant for users interested in gambling, casinos, and games of chance. Good Game does not conduct any preliminary review over advertisements, casinos, games of chance, or any other content that is provided by You, 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 has no responsibility for Third Party Service Provider's content available on the BOJOKO Platform or linked through the BOJOKO Platform. In addition, Good Game may provide links to the sites of Third Party Service providers. If You purchase any of the products or services offered by these businesses or individuals, You are purchasing directly from those third parties, not from Good Game. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Good Game does not assume any responsibility or liability for the actions, product, and content of any Third Party Service providers. You should carefully review their privacy statements and other conditions of use.
- 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 User Created Content or Third Party Service provider content in whole or in part at any time.
- If You believe that that there is content on the BOJOKO Platform that is not compliant with these Terms and Conditions and/or the BOJOKO Etiquette, you may report such wrongful content and submit a removal request via the contact information provided on the BOJOKO Platform. Good Game shall promptly review any such notices and communication and shall determine in its discretion whether to remove the reported content.
- You agree and acknowledge that the BOJOKO Platform is for Your use only. Also, Third Party Service providers' communications are non-transferable and intended for You only. You shall not use the BOJOKO Platform in a manner that allows the Service, or any content included in or appearing on the Service to be made available to third parties who are not users of the Service. You undertake to ensure that no content is made accessible through Your actions to people who are under the legal age or otherwise unable to independently decide about being exposed to the content.
- If You are a provider of Third Party Services in accordance with a separate agreement, 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, advertisements, and campaigns that appears on Your page or on the BOJOKO Platform is correct, accurate, lawful, easily understandable, and compliant with good business practices. You further undertake to provide Your services and any related campaigns to consumers with easily understandable terms of service.
- If You are a provider of Third Party Services in accordance with a separate agreement, 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 thereto.
- All graphics, logos, and service names included in or made available through the Service are trademarks or trade dress of Good Game in the U.S. and other countries. Good Game's trademarks and trade dress may not be used in connection with any product or service that is not Good Game's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Good Game or the Service. All Third Party Service providers' trademarks and service marks are the property of their respective owners.
- 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 or write on the Platform or enter into the Service.
- The Third Party Service providers are responsible for their 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.
- If You believe that your intellectual property rights are being infringed on the BOJOKO Platform, please submit Your complaint using our online form. This form may be used to report any type of intellectual property complaint.
- For copyright complaints only, You may also contact Good Game's Copyright Agent (firstname.lastname@example.org) and provide the following information in connection with Your infringement claims:
You must include the following in your copyright complaint:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Platform;
- Your address, telephone number, and e-mail address;
- A statement by You that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
- Term and Termination
- These Terms and Conditions are effective and binding when accepted and shall remain valid until terminated by Good Game.
- 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 license granted by You to Good Game in the User Created Content under section 3 shall survive the termination.
- Upon cessation of the Service by Good Game or 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 License), 7.5 and 7.6 (Indemnification) and 8 (Limitation of Liability) shall survive the termination of these 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 or the Service, 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 location of Your use of the Service is correct.
- You shall take full responsibility for Your User Created Content. You shall indemnify and hold Good Game harmless against any liability, claims, damages, legal expenses and other losses that Good Game may incur as a result of publishing Your User Created Content if such content is prohibited in these Terms and Conditions, infringes the rights of third parties, or otherwise illegal or unlawful.
- 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 indemnify and hold Good Game 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 any user's content, including without limitation, any Third Party Service provider's content, communications, and services.
- You agree and acknowledge that zero tolerance by Good Game does not necessarily result with zero occurrence. You 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. You may report content that is on the BOJOKO Platform and may contact Good Game in case you find that there is content in the Service that You believe is illegal or non-compliant with these Terms and Conditions. Good Game will review Your claim and may decide at its discretion to remove such content once requested but assumes no liability for such content or its determination whether or not to remove such content.
- You expressly acknowledge that the Third Party Service providers operate under their respective agreements and legislation. Good Game does not represent or warrant that the services provided by Third Party Service providers are non-infringing or lawful for You to use. You are hereby advised to turn to the Third Party Service providers 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, DAMAGES, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICE, FROM USER CREATED CONTENT OR FROM 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 WILLFUL MISCONDUCT, AS WELL AS FOR ANY KIND OF LOSSES OR DAMAGES THAT ARE CAUSED TO YOU OR TO A THIRD PARTY IN RELATION TO YOUR USER CREATED CONTENT.
- GOOD GAME'S AND ITS LICENSORS' MAXIMUM AGGREGATE LIABILITY FOR DAMAGES, COSTS OR EXPENSES OF ANY KIND RELATED TO OR ARISING OUT OF THIS AGREEMENT OR SERVICE SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW AND EXCLUDED TO THE EXTENT POSSIBLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF GOOD GAME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
- Personal Information
- Law and Jurisdiction
- 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.
- We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Service or these Terms and Conditions.
- 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 these Terms and Conditions 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. 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.
- Questions concerning these Terms and Conditions and any notices related thereto should be sent to the email address firstname.lastname@example.org.