Effective Date: 22th May, 2018
Thank you for choosing our mobile applications!
By downloading a mobile application or otherwise using the Services, you represent that you are at least 16 years old. If you access the Services from a Social Networking Site (SNS), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
By installing, using or otherwise accessing the Services, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not install, use or otherwise access the Services.
Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant GBTI S.A. policies, GBTI S.A. grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
The following restrictions apply to the use of the Services:
GBTI S.A. reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
GBTI S.A. reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Services itself.
GBTI S.A. reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
Suspension and Termination of Services
Without limiting any other remedies, GBTI S.A. may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or GBTI S.A. suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Services, with or without notice to you.
You can lose your user name and persona in the Services as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Services, and GBTI S.A. is under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, GBTI S.A. may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to our mobile applications and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies.
Additionally, GBTI S.A. may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
GBTI S.A. reserves the right to terminate any account that has been inactive for 180 days.
GBTI S.A. reserves the right to stop offering and/or supporting the Services or a particular mobile application 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, GBTI S.A. shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Mobile applications and Service
All rights, title and interest in and to the Services (including without limitation any mobile applications, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-mobile application chat transcripts, character profile information, recordings of mobile applications played using a GBTI S.A. mobile application client, and the GBTI S.A. mobile application clients and server software) are owned by GBTI S.A.. GBTI S.A. reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its mobile applications and the Services.
GBTI S.A. owns, has licensed, or otherwise has rights to use all of the content that appears in the Services or in GBTI S.A. mobile applications. 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 Services, including without limitation the virtual goods or currency appearing or originating in any GBTI S.A. mobile application, whether earned in a mobile application or purchased from GBTI S.A., or any other attributes associated with the use of Services.
USER GENERATED CONTENT
Submission of User Generated Content
User Generated Content means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a GBTI S.A. mobile application client or the Services, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Generated Content while using the Services, you affirm, represent and warrant that such transmission or submission is:
GBTI S.A. assumes no responsibility for the conduct of any user submitting any User Generated Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. GBTI S.A. do not, and cannot, pre-screen or monitor all User Generated Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Generated Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Generated Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications when you are using the Services.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Generated Content, including without limitation chat text or voice communications.
GBTI S.A. reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Generated Content (including without limitation your User Generated Content) without notice for any reason or for no reason at any time. If at any time GBTI S.A. chooses, in its sole discretion, to monitor the Services, GBTI S.A. nonetheless assumes no responsibility for User Generated Content and assumes no obligation to modify or remove any inappropriate User Generated Content. GBTI S.A. have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Generated Content.
Information Use by Other Members of the Services
The Services may include various forums, blogs and chat features where you can post User Generated Content, including your observations and comments on designated topics. GBTI S.A. cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Services. GBTI S.A. shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. GBTI S.A. may reject, refuse to post or delete any User Generated Content for any or no reason, including, but not limited to, User Generated Content that in the sole judgment of GBTI S.A. violates these Terms of Service.
Your License to GBTI S.A.
You hereby grant to GBTI S.A. an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Generated Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services.
You also hereby grant to GBTI S.A. the right to authorize others to exercise any of the rights granted to GBTI S.A. under these Terms of Service. You further hereby grant to GBTI S.A. the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Generated Content and in connection with any User Generated Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Generated Content, regardless of whether your User Generated Content is altered or changed in any manner. GBTI S.A. does not claim any ownership rights in your User Generated Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Generated Content. GBTI S.A. has no obligation to monitor or enforce your intellectual property rights in or to your User Generated Content.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or GBTI S.A. mobile applications. GBTI S.A. reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with GBTI S.A. to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting GBTI S.A. access to any password-protected portions of your accounts.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
FEES AND PURCHASE TERMS
In the Services you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use:
You are only allowed to purchase Virtual Items from us or our authorised partners through the Services, and not in any other way.
GBTI S.A. may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. GBTI S.A. shall have no liability to you or any third party in the event that GBTI S.A. exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, purchase, redeem or otherwise transfer Virtual Itemsto any person or entity or attempt any of the aforesaid, including but not limited to GBTI S.A., another user or any third party.
All purchases and redemptions of Virtual Items made through the Services are final and non-refundable.
The provision of Virtual Items for use in GBTI S.A. mobile applications is a service provided by GBTI S.A. that commences immediately upon acceptance by GBTI S.A. of your purchase.
Payment of Fees
You agree to pay all fees and applicable taxes incurred by you. GBTI S.A. may revise the pricing for the goods and services offered through the Services at any time.
You acknowledge that GBTI S.A. is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when you stop using Services whether such action was voluntary or involuntary.
Updates to the Services
You understand that the Services is an evolving one. GBTI S.A. may require that you accept updates to the Services and to GBTI S.A.'s mobile applications you have installed on your device or computer. You acknowledge and agree that GBTI S.A. may update the Services and GBTI S.A. mobile applications, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play GBTI S.A. mobile applications.
Disclaimer of Warranties
Without limiting GBTI S.A. 's liability to section below, the Servises are provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.
GBTI S.A. does not warrant that you will be able to access or use the Services at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the mobile application or the service are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
Limitation of Liability; Sole and Exclusive Remedy; Indemnification
To the maximum extent permitted by law, GBTI S.A. shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Services itself, whether based on contract, tort or any other legal theory, and whether or not GBTI S.A. has been advised of the possibility of such damages.
To the extent not prohibited by law, GBTI S.A. shall not be liable to you for more than the amount you have paid to GBTI S.A. in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim.
You acknowledge and agree that if you have not paid anything to GBTI S.A. during such time period, your sole remedy (and GBTI S.A. 's exclusive liability) for any dispute with GBTI S.A. is to stop using the Services.
Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of gbti s.a. or for death or personal injury arising from any negligence or fraud of GBTI S.A.
You agree to indemnify, defend and hold GBTI S.A. (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
Dispute Resolution and Law
You agree that any claim or dispute you may have against GBTI S.A. must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and GBTI S.A. shall be governed by the laws of Poland, without regard to conflict of law provisions.
You agree that any claim or dispute you may have against GBTI S.A. must be resolved exclusively by a court located in Katowice, Poland.
GBTI S.A. may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by GBTI S.A. shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of GBTI S.A..
You acknowledge that the rights granted and obligations made under these Terms of Service to GBTI S.A. are of a unique and irreplaceable nature, the loss of which shall irreparably harm GBTI S.A. and which cannot be replaced by monetary damages alone so that GBTI S.A. shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any GBTI S.A. mobile application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages.
GBTI S.A. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of GBTI S.A., including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GBTI S.A.'s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.