You accept that you have been given an opportunity to read and accept this agreement before using any of the services offered. If you do not wish to be bound by this Agreement, you may not access or use GameStore and the Services and should exit immediately. If you are under 18 (eighteen) you should exit immediately.
- Zing Online Media Ltd, trading as GameStore, is a limited liability company registered in England and Wales (the “Company”). The Company provides you unlimited access to games for a flat weekly fee which you can access through your device on GameStore (the “Service”). The service is available for £4.50 per week subscription. You may access the service until you send STOP to 64055.
- In this Agreement, references to “we”, “us”, “our” and any similar expression shall include the Company and any of its affiliates. This Agreement is to be entered into between the customer (you) and the Company.
2. EFFECT OF THIS AGREEMENT
- 2.1 By agreeing to this Agreement and/or by continuing to use the Service you are bound by the entirety of this Agreement and any rules governing any games provided on GameStore. If there
are any inconsistencies between any rules on GameStore and this Agreement, then the terms of this Agreement shall prevail.
- 2.2 We reserve the right to make any amendments to this Agreement and any such changes will be highlighted in red for a period of 4 (four) weeks. We encourage you to review this Agreement on GameStore periodically. Your continued use of the Service will be deemed to be your acceptance of any changes to this Agreement (as applicable).
3. RIGHT TO WITHDRAW
If you reside in the UK and have purchased the Service, you have the right to cancel your subscription and receive a full refund within fourteen (14) days of your purchase of the Service provided that you have not accessed any of the games or content within the fourteen (14) days. You acknowledge that any access to games or content within the fourteen (14) day period will mean that your right to receive a full refund upon cancellation will be lost.
4. YOUR REPRESENTATIONS
- 4.1 By seeking to register for the Service and using the Service you hereby confirm to us that at all such times you:
a) are located in United Kingdom;
b) are aged 18 years or over;
c) are of sound mind and capable of taking responsibility for your own actions;
d) can enter into a legally binding agreement and you are the person whose details are provided in connection with your Registration, as defined below;
e) are acting as principal and not on behalf of anyone else;
f) are the authorised owner of the mobile device which you registered to your Account (described below) on GameStore during the Registration process (described below);
g) you are located in a jurisdiction in which such Registration, as defined below, and access and/or use of the Service is not unlawful or contrary to any applicable regulation. It is your responsibility to ensure that this is not the case.
- 4.2 Persons in breach of this Agreement are not entitled to access and/or use the Service and could be committing fraud and be subject to criminal prosecution.
- 4.3 You cannot use the Service unless you have first registered with us.
- 4.4 You hereby warrant to us that all information provided in your Registration (described below) and all personal information provided to us is complete, accurate and not misleading.
- 4.5 You undertake to access and/or use the Service for legitimate and personal entertainment purposes only.
- 5.1 Before you are able to access and/or use the Service on GameStore you will be required to register with us by completing the registration processes with us in one of the following ways:
1) Clicking on a banner of an advertisement and following instructions noted on the subsequent “Joining” page to complete your registration; or
2) By visiting GameStore and following instructions to register for our Service (“Registration”).
Once your Registration is complete, you will be able to use and/or access the Service via GameStore subject to this Agreement. You will also have established an account with us that will be accessible on GameStore (the “Account”).
- 5.2 For security purposes, following Registration you will be provided with access to the Service via GameStore. Transactions made using your registered mobile number are accepted by us on the understanding that you are authorised to register this mobile number, open the Account, access and/or use the Service. If your Account is used by anyone other than yourself, we will accept no liability for the consequences or costs incurred from such misuse, or for the loss, theft, and misuse of your Account and information.
- 5.3 You agree to be solely responsible at all times for all access and/or use of GameStore and the Service. You are responsible for keeping all your registered details confidential. You are also responsible for ensuring that all persons who access GameStore through your internet connection are aware of this Agreement and are in compliance with its terms.
- 5.4 We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
- 5.5 We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including use by any 3rd party, which may keep a record of that information). We reserve the right to conduct checks against any of the details provided to us and to pursue this information through any channels and methods available to us. Failure to provide substantiated proof of age or other requested information will result in the suspension or termination of your Registration.
- 5.6 We reserve the right to refuse to register you and/or the right to suspend and/or terminate your Registration immediately and without consultation, notification or giving reasons therefore in the event that you cause to be published on, and/or send via GameStore any actual or potentially defamatory, offensive or obscene language or material or if you breach, or are suspected of any breach of this Agreement, any applicable law or regulation, or should we deem it in the best interests of the Company and/or other customers to do so.
- 5.7 It is your responsibility to ensure that at all times you comply with all laws and regulations with respect to the Service, the games made available through GameStore in any jurisdiction where you are located or are a resident and that you have a complete and unrestricted legal right to register to the Service, and access and/or use the Service.
- 5.8 Use of GameStore will be closely monitored to ensure that no customer is using GameStore or the Service with a frequency or in a manner which might suggest that he or she is using it except solely for personal use or is using it on behalf of others, and we reserve the right to suspend and/or terminate the Registration if we consider or suspect that the Service is being so used.
- 5.9 You agree to inform us at once by electronic mail or telephone if you believe that your information is being misused by a third party so that we may suspend your Registration.
- 5.10 If any of your personal details or other information relevant to your Registration change, you must inform us immediately by contacting us using the contact information provided in the Customer Service section below.
6. ACCESS AND USE OF THE SERVICES
- 6.1 In order to access and/or use the Service follow the information shown on your device’s screen.
- 6.2 Your agreement with us will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any of the games.
- 6.3 No refunds will apply for termination of the Service following a payment period.
- 6.4 We reserve the right to change the format of the Services, GameStore or the games and content that we offer to enhance them and we reserve the right to record all telephone calls made to us and to monitor all information relating to the Service for which purposes you consent in accordance with the requirements of the Regulation of Investigatory Powers Act 2000.
7. VIRUSES, HACKING AND OTHER OFFENCES
- 7.1 You must not attempt or encourage misuse of GameStore or the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to GameStore, the server on which GameStore is stored or any server, computer or database connected to GameStore. You must not attack GameStore or the Service via a denial-of-service attack or distributed denial-of-service attack.
- 7.2 By breaching Clause 7.1 above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use GameStore and the Services will cease immediately without notice to you or any liability to us.
- 7.3 We 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, computer programs, data or other proprietary material due to your use of GameStore or the Service or to your downloading of any games, or other material posted on it, or any other websites linked to it.
8. SPECIAL PROMOTIONS
- 8.1 We may, from time to time, run promotions including free games which are free to access but subject first to your full Registration on the WebApp.
- 8.2 The rules of entry or access to any promotions will be displayed on GameStore and may sometimes be restricted only to a first time user without an established Account. For the purposes of this Agreement, a ‘first time user’ is a customer who has not subscribed to the Service before.
9. SECURITY POLICY
- 9.1 We will not sell your personal details to third parties. However, we may pass on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of the Services and/or GameStore or if we are required by law to do so, for example under the Proceeds of Crime Act 2002 and any other money laundering or data protection legislation.
10. COMPLAINTS AND DISPUTES
- 10.1 Should you wish to make a complaint with respect to this Service, any games, competition or any other matter, please contact us by emailing or writing to the postal address at the bottom of this Agreement.
11. OUR LIABILITY
- 11.1 The following provisions set out all our liability to you (including any liability for acts and/or omissions of our subsidiaries, associated companies, employees, agents and sub-contractors) regarding:
a) any breach of this Agreement, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or our employees, agents or subcontractors;
b) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Services.
- 11.2 Nothing in this Agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence; or
b) any matter which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for; or
c) fraud or fraudulent misrepresentation.
- 11.3 We are not liable for anything out of our control including but not limited to any loss or damage that you may suffer or incur because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; delay, interruption, obstruction, or failure of telecommunication services; or any other cessation; delay or failure caused by a third
party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend your Account and/or the Service indefinitely and without notice or incurring any liability whatsoever.
- 11.4 All representations, warranties and terms (express or implied) not set out in this Agreement are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same. You agree to compensate us in full and on demand with respect to any liability, damages, costs or claims which we may suffer or incur arising out of or in connection with your use of GameStore and/or the Service. Your statutory rights as a consumer (if any) are not affected by this Agreement.
- 11.5 Subject to Clause 11.2 above:
a) our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of, with the lesser of GBP 100 (one hundred Great British Pounds Sterling) or the monthly subscription charge paid by you in the preceding calendar month to the claim in question; b) we shall not be liable to you for any direct, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with GameStore and/or Service whether or not we have been previously made aware of it.
- 11.6 We accept no responsibility and shall not be liable to you for the content of or use by you of any information or services offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via or on behalf of GameStore (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can we be said to endorse contents of such advertisements or information. In particular, we shall have no liability in respect of material hyper-linked which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by us on GameStore of a link to another website does not constitute any authorisation to access materials held at that website.
- 11.7 We make no representation or warranty about information or any other item(s) able to be accessed either directly or indirectly from GameStore (save to extent expressly provided on GameStore) and we reserve rights to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to GameStore.
12. INTELLECTUAL PROPERTY RIGHTS
- 12.1 Ownership:
The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via GameStore (“GameStore Materials”, which includes text, data, graphics, photographs, videos, animation, images and audio visual content) is owned by us or licensed to us by third parties. This IPR is protected by the laws of England and Wales, international treaties and all other applicable copyright and intellectual property laws. Any unauthorised distribution is strictly prohibited and legal action could be taken against any such person who makes unauthorized distribution of GameStore Materials or the IPR.
- 12.2 Trademarks:
Our names and associated logos are and shall remain the exclusive trademarks of the Company.
- 12.3 Copying:
Any downloading, use or copying of GameStore Materials except as otherwise permitted by this Agreement is strictly prohibited and in particular you agree to use the GameStore Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.
- 12.4 The following activities are prohibited unless you receive our express prior written permission on each occasion:
a) deployment within GameStore of any spider, robot web crawler or other automated query program; and
b) re-use and/or aggregation of any of the GameStore Materials in the provision of a commercial service.
13. SUBMISSION OF INFORMATION
- 14.1 This Agreement constitutes the whole agreement between you and us to the fullest extent permitted by law with regard to use of GameStore and the Service.
- 14.3 Nothing in this Agreement shall exclude or limit liability for fraud or fraudulent misrepresentation.
- 14.4 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from this Agreement and the remainder of this Agreement will continue to be valid and enforceable to the fullest extent permitted by law.
- 14.5 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
- 14.6 No failure or delay by us to exercise any of our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by us.
15. GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to GameStore and that the laws of England and Wales shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are solely responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing GameStore or using the Service.
If you have any questions concerning this Agreement please contact: GameStore, Zing Online Media Ltd, 56 Lower Clapton Road, London, E5 0RN.
0203 286 3211 (local call charge rate)
To unsubscribe at any time text:
STOP to 64055
Last update September 2016