Welcome to Gametok (our “APP”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Remint Ltd, 71-75 Shelton Street, London, Greater London, WC2H 9JQ, United Kingdom. (“Remint”, “we”, “us” or “our”) governing the use of our APP and our Services.
We license use of our APP to you on the basis of these Terms. We do not sell our APP to you, and we remain the owner of our APP at all times.
1. General terms
1.1 The provisions set out in these Terms govern your access to and your use of our APP and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our APP.
1.2 Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our APP on these Terms.
1.3 We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our APP or your Account at any time, or remove or edit content (including content submitted by you) on our APP or on any of our affiliated websites (including social media pages).
1.4 We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our APP or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
1.5 Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our APP or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2. Apple and Google Devices License Agreement
2.1 The following terms apply when you use our APP obtained from either the Apple’s, or Google’s store (each an “App Distributor”) to access our APP:
2.2 the License granted to you for our APP is limited to a non-transferable License to use our APP on a device that utilises the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
2.3 we are responsible for providing any maintenance and support services with respect to the APP as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the APP.
2.4 you must comply with applicable third-party terms of agreement when using the APP,
2.5 you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.
Account and Password
3.1 The Services are provided to via a dedicated account.
3.2 You are responsible for keeping your account confidential.
3.3 You are also responsible for any use of any account that you have access to, whether or not you authorised the use.
3.4 You will immediately notify us of any unauthorised use of your accounts.
3.5 You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked or otherwise compromised account.
3.6 By using our APP, you agree and acknowledge that:
3.7 you have read the terms set out in these Terms and agree to be bound by and comply with them; and
3.8 that you are at least 18 years of age or have Parental or Legal Guardians consent to make Purchases and Pay-outs.
4.1 You may exchange Fiat Currency into “Gametok Diamonds” and vice versa to use within the App.
4.2 The Fiat amount required for each purchase of Gametok Diamonds is currently (1 Gametok Diamonds = 1 USD) will be displayed on the final purchase confirmation page displayed on the payment screen.
4.3 The price of Gametok Diamonds may change due to fluctuation in the exchange rate and other factors.
4.4 The purchase of Gametok Diamonds will be completed when you click the purchase button on the final confirmation page for purchasing Gametok Diamonds or when you click the payment page after entering your payment information.
4.5 We will issue Gametok Diamonds promptly after confirming the completion of the purchase, but the issuance of Gametok Diamonds may be delayed in some cases due to the system and other reasons.
4.6 You will be responsible for all consumption taxes and other taxes and charges that apply to the licensed use of Gametok Diamonds on Gametok.
4.7 By exchanging (using) Gametok Diamonds, you obtain a non-exclusive, non-sublicensable, and non-transferable license to use Gametok Diamonds (“License”).
4.8 We may provide you with a license to:
4.8.1 access and use Gametok Diamonds; and
4.8.2 enhance your user experience, to reward and support other Gametok Users or to purchase exclusive content published by other Gametok Users.
4.9 Unless prohibited by law or regulation, we may place restrictions on the quantity of Fiat Currency that can be exchanged for Gametok Diamonds within a certain period of time and other uses.
4.10 All payments, transactions, and monetary operations are made by third-party payment service providers or payment processors. By making online purchases, you agree to be bound by their terms and conditions.
4.11 When making purchases, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If our payment service provider or payment processor brings to our attention that the information you provided, personal and/or financial, is untrue, inaccurate, or incomplete, or that there are reasonable grounds to believe that the information you provide is untrue, inaccurate, or incomplete, we are therefore entitled to annul related financial transactions and revoke all associated licenses acquired via such transactions.
4.12 All Purchases are Non-refundable. We may only at our sole and absolute discretion, offer a refund.
5.1 All Content included on the APP, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Remint , our affiliates or other relevant third parties. By continuing to use the APP you acknowledge that such material is protected by applicable UK and International intellectual property and other relevant laws.
5.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the APP unless otherwise indicated on the APP or unless given express written permission to do so by Remint .
5.3 Any intellectual property rights in content uploaded by you to our APP shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the APP.
6. Nonexclusive License
6.1 Remint grants you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the APP solely as necessary for you to use the Service; and
6.1.1 you will not (and You will not allow any third party to)
6.1.2 copy, modify, adapt, translate or otherwise create derivative works of the APP;
6.1.3 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the APP, except as expressly permitted by the law in effect in the jurisdiction in which You are located;
6.1.4 rent, lease, sell, assign or otherwise transfer rights in or to the APP;
6.1.5 remove any proprietary notices or labels on the APP or placed by the Service;
6.1.6 use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the APP; or
6.1.7 use data labelled as belonging to a third party in the Service for purposes other than use of the APP and Service.
7. Acceptable Use and Content Standards
7.1 These content standards apply to any and all information and material which you post or upload on our APP (“Contributions”).
7.2 You may use our APP only for lawful purposes.
7.3 Contributions must:
7.3.1 comply with applicable law, in particular, the laws of any country from which they are posted; and
7.3.2 be Gaming Related.
7.4 You are responsible for
7.4.1 ensuring all Contributions are up-to-date, authentic, truthful, and accurate.
7.4.2 the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licenses allowing you to upload and post the Contributions to and on our APP.
7.5 Contributions must not:
7.5.1 infringe any intellectual property right of any other person;
7.5.2 be made in breach of any law;
7.5.3 contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;
7.5.4 be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person; contain hate speech or threats, is sexually explicit or pornographic, incites violence, or contains nudity or violence;
7.5.5 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
7.5.6 give the impression that they emanate from us, if this is not the case; or
7.5.7 advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature.
7.6 We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.
7.7 Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.
8. Uploading Content to our App
8.1 You are fully responsible for your content uploaded to our APP. We will not be responsible, or liable to any third party, for:
8.1.1 the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our APP; or
8.1.2 the loss of any content or data provided to us by you.
8.2 We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.3 We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the APP.
8.4 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our APP constitutes a violation of their rights under applicable law.
8.5 We have the right to delete any content uploaded to our APP if, in our opinion, it does not comply with the content standards set out.
While we make all efforts to maintain the accuracy of the information on our APP, we provide the Services, APP and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
10. Limitation of Liability
10.1 We are not liable for the completeness, accuracy or correctness of any information uploaded on our APP and any Related Content. You expressly agree that your use of the Services and our APP, is at your sole risk.
10.2 You agree not to use the Services, our APP and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our APP or any other website or software) for:
10.2.1 loss of profits, sales, business, or revenue;
10.2.2 business interruption;
10.2.3 loss of anticipated savings;
10.2.4 loss or corruption of data or information;
10.2.5 loss of business opportunity, goodwill or reputation; or
10.2.6 any other indirect or consequential loss or damage.
10.3 Nothing in these Terms shall limit or exclude our liability for:
10.3.1 death or personal injury resulting from our negligence;
10.3.2 fraud; and/or
10.3.3 any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
10.4 Our APP is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
10.5 These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our APP. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our APP which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our APP, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
12.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
12.4 These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.7 These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.