1. ACCEPTANCE OF TERMS
Welcome to GameWorkz. The phrase “GameWorkz” refers to the GameWorkz App (“App”), website (www.gameworkz.fun) (www.fortune8.online)(“Website”), any GameWorkz software application that is installed anywhere on your computer system or mobile device, and a system of portals, online applications, and social media applications employed to enhance your online experience.
2. SCOPE OF SERVICE
GameWorkz Members and guests shall be referred to in the singular as “User” or “you” and in the plural as “Users”. You must be 18+ years of age or older to use GameWorkz. You are responsible for obtaining any computer or mobile device and Internet service necessary to access GameWorkz and for paying any fees for the equipment and service you select. You are responsible for ensuring that all persons who access GameWorkz through your computer or mobile device are aware of all these terms and conditions, and comply with them.
3. INFORMATION ABOUT GameWorkz.
GameWorkz is owned and operated by GameWorkz.
4. ACCESSING GameWorkz
Accessing GameWorkz is permitted on a temporary basis, and GameWorkz reserves the right, at its sole discretion, to withdraw or change GameWorkz without notice. GameWorkz will not be liable if GameWorkz is unavailable at any time or for any reason.
A. From time to time, GameWorkz may restrict access to some parts or all of GameWorkz to Users.
B. If GameWorkz suspects any fraudulent behavior, GameWorkz reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes. A verified account is required for loyalty prize redemption. One account per user. Multiple users may not share the same account.
C. You may establish only one GameWorkz account per person. In the event GameWorkz discovers that you have opened more than one account per person, in addition to any other rights that GameWorkz may have, GameWorkz reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes.
D. You may not use multiple devices to access GameWorkz simultaneously. In the event GameWorkz discovers that you are accessing GameWorkz on multiple devices simultaneously, in addition to any other rights that GameWorkz may have, GameWorkz reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes.
E. When using GameWorkz, you must comply with the provisions of acceptable conduct as set out in these Terms & Conditions of Use.
F. Use of GameWorkz may not be legal to use in certain countries. The fact that GameWorkz is accessible in a country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality of you to use GameWorkz in that country.
5. GameWorkz CONTENT
Users have a personal, non-transferable, non-exclusive right to access and use the Content of GameWorkz subject to these Terms & Conditions of Use. The term “Content” means all information, text, images, data, links, software, or other material accessible through GameWorkz, whether created by GameWorkz or provided by another person for display on GameWorkz. At times, GameWorkz may act as an intermediary between customers and other companies who provide advertising and other content to enhance the user experience. GameWorkz may direct customers to websites that promote or sell products and services. GameWorkz is not responsible for any issues related to those products and services including but not limited to shipping, billing, payments, the quality of the product and service, or any misrepresentation of the product and service.
The Content may contain typographical errors, other inadvertent errors, or inaccuracies. GameWorkz reserves the right to make changes to document names and content, descriptions or specifications of products and services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on GameWorkz, subject to the following conditions:
A. The Content may be used solely for your own informational purposes. No part of GameWorkz or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
B. The Content may not be modified; and
C. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on GameWorkz should be construed as granting, by implication, estoppel, or otherwise, any license or right to use GameWorkz or any Content displayed on GameWorkz, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms & Conditions of Use; or (ii) with GameWorkz’s prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on GameWorkz.
6. OFFERS AND SERVICES DESCRIPTIONS
Any products, service, discount prices, promotions, coupons and bonuses that are displayed on GameWorkz by third party companies (“Offer” or “Offers”) for the benefit of Users are generally available for a designated period of time. GameWorkz cannot verify all information provided by third party companies and errors in gathering, reporting, and displaying such information may occur. GameWorkz Users understand and agree that GameWorkz shall not be liable related to accuracy or availability of any Offers. Any prices listed on Offers are the responsibility of the advertiser and may represent a comparative price estimate and may or may not represent the prevailing price in every geographic area on any particular day. Please note that taxes and other charges may be applicable and applied by the relevant gaming company in connection with any Offer and GameWorkz refers you to their terms and conditions. If an Offer is not as described, contact the company that is responsible for fulfilling the Offers using the customer service link on their website.
8. INFORMATION ABOUT YOU AND YOUR USE OF GameWorkz
If you choose to provide information by becoming GameWorkz members or by participating in an Offer, service, event, or promotion offered by GameWorkz, you agree that you will provide accurate, complete, and up-to-date information.
9. DOWNLOADING THE GameWorkz APP
If you choose to download or install the GameWorkz App you shall be subject to these terms and the End User License Agreement (“EULA”). The terms under which the App is downloaded or installed onto your computer or mobile device shall be governed by the EULA and in the case of any inconsistency between the EULA and these Terms & Conditions of Use, the EULA will prevail.
10. INTERACTIVE SERVICES - CONTENT SUBMITTED BY USERS
GameWorkz may from time to time provide interactive services such as Social Media, bulletin boards, forums and chat rooms (“Interactive Services”). The use of Interactive Services is strictly subject to these Terms & Conditions of Use.
Any material uploaded to GameWorkz or submitted for inclusion on GameWorkz’s Interactive Services shall be considered non-confidential and non-proprietary and GameWorkz has the right to use, copy, distribute and disclose to third parties any such material for any purpose. GameWorkz also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to GameWorkz’s Interactive Services constitutes a violation of their intellectual property rights or of their right to privacy.
When you submit any material to GameWorkz’s Interactive Services you grant us the non-exclusive royalty free and fully sub-licensable right to use, remove, modify, adapt, publish, translate, create, deduct works from, distribute and display such content throughout the world in any media. Further, you grant GameWorkz, its parent company, subsidiaries and affiliates the right to use the name, images, and other information you submit in connection with such content if GameWorkz chooses.
You agree that the rights you grant in the clause above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your rights to be identified as the author of such content and material and your right to object to derogatory treatment of such material. You agree to perform all further acts necessary to perfect any of the above rights granted by you to GameWorkz at GameWorkz’s request.
You represent and warrant that you control all of the rights to the content you post.
GameWorkz is not responsible or liable for the conduct of users or for views, opinions, and statements expressed in content submitted for public display through GameWorkz or on Interactive Services. GameWorkz does not pre screen information posted to Interactive Services. With respect to Interactive Services, GameWorkz is acting as a passive conduit for such distribution and is not responsible for the content. Any opinions, advice, statements, services, Offers, or other information displayed on Interactive Services as expressed or made available by Users are those of the respective author(s) or distributor(s) and not of GameWorkz. GameWorkz neither endorses nor guarantees the accuracy, completeness, or usefulness of any content on GameWorkz’s Interactive Services.
11. PROHIBITED CONDUCT
By accessing GameWorkz or Interactive Services provided through GameWorkz, you agree to abide by the following standards of conduct. You may only use GameWorkz for lawful purposes. You agree that you will not, and will not authorize or facilitate any attempt by another person to use GameWorkz or Interactive Service:
A. To transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by GameWorkz.
B. To send, knowingly receive, upload, download use or reuse material that does not comply with GameWorkz’s content standards as set out in these Terms & Conditions of Use or use a name or language that GameWorkz, in its sole discretion, deems offensive.
C. To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other forms of similar solicitation (spam) or unlawfully promote offers or services.
D. To promote, solicit, or participate in any multi-level marketing or pyramid schemes.
E. To exploit or harm or attempt to harm children less than 18+ years of age in any way.
F. To engage in disruptive activity such as sending multiple messages in an effort to monopolize Interactive Services.
G. Introduce any data, send or upload any material that contains viruses, worms, Trojan horses, time-bombs, keystroke loggers, spyware, adware or other harmful programs or similar code designed to adversely affect the operation of any computer software or hardware. To obtain unauthorized access to any computer system through GameWorkz.
H. To invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without his or her consent (or a parent’s consent in the case of a child under 18+ years of age).
I. To solicit personal information from children under 18+ years of age.
J. In any way that breaches any applicable local, or international law or regulation.
K. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
L. To encourage conduct that would constitute a criminal or civil offense.
M. To reproduce, duplicate, copy or resell any part of GameWorkz in contravention of these Terms & Conditions of Use.
You also agree not to access without authority, interfere with, damage or disrupt:
A. any part of GameWorkz;
B. any equipment or network on which GameWorkz is stored;
C. any software used in the provision of GameWorkz; or
D. any equipment or network or software owned or used by any third party.
12. CONTENT STANDARDS
These content standards apply to any and all material which you contribute to GameWorkz and any Interactive Services associated with GameWorkz (“Contributions”).
You must comply with the letter and spirit of the following standards. The standards apply to each part of any contribution as well as to its whole. GameWorkz, in its sole discretion, will decide if Contributions are not in compliance with the following standards.
A. be accurate (where they state facts);
B. be genuinely held (where they state opinions); and
C. comply with applicable law in any country from which they are posted.
CONTRIBUTIONS MUST NOT:
A. contain any material which is defamatory of any person;
B. contain any material which is obscene, offensive, hateful or inflammatory;
C. promote sexually explicit material;
D. promote violence;
E. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
F. infringe any copyright, database right or trademark of any other person;
G. be likely to deceive any person;
H. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
I. promote any illegal activity;
J. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
K. be likely to harass, upset, embarrass, alarm or annoy any other person;
L. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
M. give the impression that they emanate from us, if this is not the case; and
N. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
GameWorkz is intended to an adult audience only and is not in any way targeted at children under age 18+. GameWorkz does not knowingly solicit market to, solicit or collect information from any person under the age of 18+.
14. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all Content contained on GameWorkz is the property of GameWorkz or its parent company, affiliates or licensors, and is protected from unauthorized copying and dissemination by copyright laws, trademark laws, international conventions and treaties, and other intellectual property laws. All such rights are reserved. Offer names are trademarks or registered trademarks of their respective owners.
GameWorkz does not claim ownership of Content submitted by Users but Users understand and agree that such Content may be made publicly accessible through GameWorkz. By submitting such Content, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until GameWorkz deletes the Content from its systems.
15. NOTICE AND TAKE DOWN
Contributions to Interactive Services are not moderated by us. GameWorkz will not be responsible as author, editor, or publisher of any contribution submitted to Interactive Services and GameWorkz expressly exclude GameWorkz’s liability for any loss or damage arising from the use of Interactive Services by any person in contravention of these Terms & Conditions of Use.
If you wish to complain about any Contribution posted to Interactive Services, please contact GameWorkz at email@example.com. GameWorkz will review the Contribution and decide whether it complies with the Content standards set out in these Terms & Conditions of Use. GameWorkz will deal with any Contribution which, in GameWorkz’s opinion, violates GameWorkz’s Content standards. GameWorkz will inform you of the outcome of its review within a reasonable time of receiving your complaint. Please precisely identify the Content about which you are notifying us, including the page upon which it is posted (screenshot of the Content you are complaining about would also be helpful). You should also provide GameWorkz with details of your complaint. If you are alleging copyright infringement, please provide GameWorkz evidence that you own the copyright.
When you register to participate in an online photo, video, or discussion forum, promotion, or other service promoted on GameWorkz, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use (including but not limited to preventing use by persons under the age of 18+), and you are responsible for all activity that occurs on your account. You agree to notify GameWorkz immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. GameWorkz is not responsible for losses or damage caused by your failure to safeguard your login and password.
17. VIRUSES, HACKING AND OTHER OFFENCES
You agree to not misuse GameWorkz by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You agree to not attempt to gain unauthorized access to GameWorkz, the server on which GameWorkz is stored or any server, computer or database connected to GameWorkz. You agree to not attack GameWorkz via a denial-of-service attack or a distributed denial-of service attack.
GameWorkz will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, software, data or other proprietary material due to your use of GameWorkz or to your downloading of any material posted on or linked to GameWorkz.
18. LIMITATION OF LIABILITY
The material and Offers displayed GameWorkz is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, GameWorkz, its parent company, affiliates, and subsidiary companies and third parties connected to GameWorkz hereby expressly exclude:
A. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
B. Any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with GameWorkz or in connection with the use, inability to use, or results of the use of GameWorkz, any websites or mobile applications linked to it and any materials posted on it, including:
a. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
b. Any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with GameWorkz or in connection with the use, inability to use, or results of the use of GameWorkz, and any Offers or materials posted on GameWorkz, including:
i. loss of income or revenue;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data;
vi. loss of goodwill;
vii. wasted management or office time; and
viii. whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect GameWorkz’s liability for death or personal injury arising from GameWorkz’s negligence, nor GameWorkz’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
19. LINKS TO THIRD-PARTY WEBSITES AND MOBILE APPLICATIONS
GameWorkz may contain links to third party websites and mobile applications that are provided to you as a convenience. Any third party website or mobile application accessed from GameWorkz is independent from GameWorkz, and GameWorkz has no control over the content of such third-party websites or mobile applications. GameWorkz is not responsible for the content of any linked third party website or mobile application or for any loss or damage incurred in connection with your use of such third party websites or mobile applications or dealings with the operators of such third-party websites or mobile applications.
20. LINKING TO GameWorkz
You may link to GameWorkz, provided that you do so in a way that is fair and legal and does not damage GameWorkz’s reputation or that of GameWorkz advertisers or GameWorkz’s partners or take advantage of such reputations, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on GameWorkz’s part (or that of the advertisers) where none exists.
You must not establish a link from any website or mobile application that is not owned by you.
If you wish to make use of any GameWorkz material other than as set out above please contact GameWorkz.
21. NO IMPLIED ENDORSEMENTS.
In no event shall any reference to any Offer be construed as an approval or endorsement by GameWorkz of that third party or of any offer provided by a third party. Likewise, a link to any third party website or mobile application does not imply that GameWorkz endorses or accepts any responsibility for the content or use of such a website or mobile application. GameWorkz does not endorse, warrant, or guarantee any Offer through GameWorkz and will not be a party to or in any way monitor any transaction involving any third-party providers of Offers. As with the purchase of an Offer through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
GameWorkz may terminate any User’s access to GameWorkz, including access to any online photo, video, or Interactive Services, in its sole discretion, for any reason and at any time, with or without prior notice. It is GameWorkz’s policy to terminate Users who violate these terms and conditions as deemed appropriate in GameWorkz’s sole discretion. GameWorkz also reserves the right to terminate accounts with offensive names or profile images. You agree that GameWorkz is not liable to you or any third party for any termination of your access GameWorkz.
23. JURISDICTION AND APPLICABLE LAW
(i.) The United Nations Convention on Contracts for the International Sale of Goods,
(ii.) the 1974 convention on the Limitation Period in the International Sale of Goods, and (iii.) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
Except where prohibited, you understand and agree that:
(ii.) any and all claims, judgments and awards shall be limited to actual out-of-pocket fees paid by you to GameWorkz in order to use GameWorkz but in no event attorneys’ fees; and
(iii.) under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased and for any other damages other than for actual out-of-pocket fees paid by you to GameWorkz in order to use GameWorkz. All such arbitration proceedings shall be conducted in the English language and shall take place exclusively in Gibraltar.
Notwithstanding the foregoing, GameWorkz shall be entitled to seek injunctive relief, security, or other equitable remedies for any breach of these Terms & Conditions of Use from the Great Britain Court for Gibraltar or any other court of competent jurisdiction.
26. ENTIRE AGREEMENT
27. FOR ADDITIONAL INFORMATION
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