Terms & Conditions
1 General provisions
1.1 Provider (“We”) - an entity providing access to the Site and the Service available through the Site, that is Gamera Project Ltd.
1.2 Contact Form - an electronic document placed on the Site, dedicated to contact with the Provider.
1.3 Site - a website, accessible under the URL: http://gamera.io
2.1 The Site and the Service is accessible worldwide to anyone with Internet access.
2.2 The Service was designed to allow Users to have remote access to games.
2.3 The Provider reserves the right to change the Site and Service functionalities at any time, in particular by introducing new functions and facilities for Users.
3 Conditions for Using the Site and the Service and Rules of Liability
3.3 By clicking and checking the “I AGREE” box, You acknowledge and confirm that You have reached the legal age of majority and expressly indicate that You accept and agree to comply with all of the terms and conditions set forth in this agreement. You also acknowledge and confirm that You accept and hereby expressly assume sole and exclusive responsibility for Your child’s (or children’s) access to and use the Service and any and all content materials and services, including all legal and financial obligations and liabilities that may result from Your child’s (or children’s) use of the Service or that may otherwise be incurred in connection with any account and/or any subordinate account(s) that You choose to create. You further acknowledge and agree that You accept full responsibility for any and all acts and omissions of any and all individuals who are proveded with access and the opportunity to use Your account that You elect to establish.
3.5 If User uses a Contact Form he/she is obliged to give real information, true to facts of the case.
3.6 The Provider undertakes to ensure possibly the highest quality and stability of the Site and the Service, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
3.7 The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and the Service, which may temporarily cause difficulties or make it impossible for Users to use the Service. As much as possible, the Provider will be notifying Users of any scheduled breaks in the Site operation and the Service accessibility or any inconveniences that may occur in its use.
3.8 The Service provides a platform to enable the User to play their games and does not verify game ownership in any way.
3.9 A User may stop using the Site and the Service at any time.
4 Account registration
4.1 In order to access the Service, a User must first create an authorized Account in accordance with the then-applicable Account registration rules adopted by Provider, at its sole discretion.
4.2 Completion of Full Registration is subject to the eligibility requirements of these Terms and Conditions and any supporting documentation that we may reasonably request which may include a copy of Your passport or other photographic forms of identification.
4.3 As an authorized User You will be permitted to access and use certain Provider-proprietary software (e.g., Provider’s client code, etc.), and content materials that are made available by means of the Provider Service (collectively, “Content Materials and Services”).
4.4 The Service and the Content Materials and Services may not be available, or may not be supported, in certain countries, territories and/or languages.
4.5 Provider reserves the right, at its sole discretion, to deny, suspend and/or terminate the registration of any proposed Account.
4.6 You represent and warrant that all information that You submit in connection with any Account is and shall be truthful, current, complete and accurate. Providing any untruthful, incomplete or inaccurate information shall constitute a breach of this Agreement and Provider reserves the right to suspend, cancel and/or terminate any Account that was created, uses or contains any untruthful, out-of-date, incomplete or inaccurate information.
4.7 The Account owner is authorized to create his or her own log-in information (conforming the parameters and specifications adopted by Provider, at its sole discretion). All individuals who access and use the Service and any of the Content Materials and Services should take appropriate steps to safeguard the applicable log-in information, and to sign-out when they are done using the Service. Provider reserves the right at its sole discretion to close Your Account if we suspect that You have disclosed Your login and/or password to any third party.
4.8 During the registration process You will enter an email address, password and other personal details which will be used for the purposes of verifying Your identity and contacting You. The email address You register on Your account must belong to You and will be the sole email address from which communications regarding Your account will be accepted by Provider.
4.9 Your Account may also incorporate Your personal payment information that You elect to provide to Provider in connection with a transaction for purchasing a license or otherwise obtaining the rights necessary for any Content Materials and Services.
5 Intellectual Property
5.1 The Site and the Service and all rights related thereto are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
5.2 A User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
5.8 The Service is provided to Users "as is" by the Provider and any use of the Service is at User's own risk. A User acknowledges that the Service may contain bugs, errors, and other problems that could cause system or other failures and data loss. The Provider does not warrant the performance of the Service and does not warrant that the Service will operate substantially in accordance with the documentation accompanying the Service. The Service may make changes to User's registry and other files and the User assumes all risk for such changes. Please be sure to back up your computer and all important data before using or running the Service.
5.9 To the maximum extent permitted by law, the Provider disclaims all warranties of any kind, whether expressed or implied, in equity or at law, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Provider does not warrant that the functions contained in the Service will meet any requirements or needs a User may have, or that the Service will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Service will be corrected, or that the Service is compatible with any particular platform. The Provider makes no warranty that it will provide Users with the most recently developed or distributed version of the Service. A User shall be solely responsible for ensuring that s/he has the latest version of the Service.
5.10 A User recognizes and accepts that only s/he is ultimately responsible for any losses or damages incurred by the User as a result of using or installing the Service or as a result of any changes made to User's computer and mobile device. To the maximum extent permitted by law, in no circumstances or event will the Provider be liable to a User or any other person or entity for any incidental or consequential damages (including, without limitation, direct or indirect, incidental, special, punitive, or exemplary damages for loss of business, loss of profits or revenue, business interruption, or loss of business information or data) arising out of the use of or inability to use the Service, or for any claim by any other party, even if the Provider has been advised of the possibility of such damages or if the damage was foreseeable.
Provider may provide You with the opportunity to download Content Materials and Services and (including, without limitation, Provider games and downloadable content) for a particular period of time on a subscription basis (a “Subscription”). Subscriptions shall renew automatically unless and until You cancel or terminate any such Subscription. In the event you elect to sign up for a Subscription, the cost of such Subscription will automatically be charged to Your credit card or debit card or other authorized payment method without further notice to you at the beginning of each recurring license term applicable to such Subscription. With respect to any particular Subscription, you must first indicate that you accept the terms and conditions that are applicable to such Subscription, which specifically include, without limitation, Your agreement that Your Subscription may not be used by more than one computing device at the same time or otherwise be shared with any third party(or any third parties).
You must have a valid and active Account to access the Service. Please note that Provider’s website is not available in all countries and age restrictions apply and vary by country.
6.2 The Service
Account holders with an active Subscription may be offered the following Subscription benefits:
a. access to a limited library of games available here: http://gamera.io/games
b. possibility to play games on any device
c. 24/7 availability
d. +10 new games each month
The Service is subject to change at anytime and limitations and exclusions apply. Please note that the Service may vary depending on your age and country.
6.3 AUTOMATIC RENEWAL.
PLEASE NOTE THAT, SUBJECT TO APPLICABLE LAW, IF YOU CHOOSE TO SUBSCRIBE TO GAMERA SERVICE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AT THE THEN-CURRENT SUBSCRIPTION PRICE ON EACH RENEWAL DATE WITHOUT ANY ADDITIONAL ACTION BY YOU - UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION
6.4 Price, Billing and Payment Methods.
The Subscription fee for Gamera Services will be charged on the specific billing date indicated on your Gamera Account page. You must provide a valid payment method to register for a Subscription, and Provider may ask you to update your payment method at any time if it becomes invalid. Recurring renewal payments will be taken from the payment method you selected at sign-up, unless and until you change your payment method and/or it becomes invalid. You authorize Provider to charge any payment method associated with your Account in case your primary payment method is expired or otherwise declined. If a payment is not successfully settled, due to expiration of the payment method, insufficient funds, or otherwise, Provider may suspend your access to Gamera Service until having successfully charged a valid payment method. Provider will notify you before any price changes to your Subscription is effective, in a manner to be determined by Provider in its sole discretion, subject to applicable law. Unless required by applicable law, the Subscription is non-refundable and non-transferable.
Subscription is the right to access the catalog of games at one of the 3 tariffs.
6.4.1 New members are enrolled into our membership with a flat subscription fee. The User will be charged 1$ for 3-day trial (one time Special offer) subscription plan, which provides unlimited access to Content Materials and Services. This is an anti-fraud feature, which validates that the card is real, and is active. Trials may only be purchased once per user.
The fee of the trial period is not Refundable.
6.4.2 The second option is 1 month subscription plan gives players access to over 500 titles ,+ 10 new games monthly, User can play from any device with 24/7 availability during 1 month. The User will be charged 21.99$ for this plan.
6.4.3 The third option is 3 month subscription plan gives players access to over 500 titles ,+ 10 new games monthly, User can play from any device with 24/7 availability during 3 month. The User will be charged 44.99$ for this plan.
6.5 Cancelling Your Subscription
You may cancel your Subscription at any time, and for any reason, by visiting "My Account" at http://gamera.io and following the instructions to cancel your Subscription. After cancellation, you will still have full access to all then current Services until the end of the Subscription period in which you cancelled. After that current Subscription period ends, you will no longer have access to the Services. PLEASE NOTE that if you don't cancel a Subscription after 3-day trial period you will be automatically charged for a 3 month Subscription plan.
Provider expressly reserve the right to cancel any Particular Subscription due to non-payment, including, without limitation, in the event that You fail to maintain valid and accurate information regarding Your credit card, debit card, or other authorized payment method or fail to pay the applicable charges for such Subscription at its designed renewal date. If you no longer wish to obtain the benefits of any particular Subscription or be liable for further charges corresponding to any particular Subscription, You must indicate Your desire to terminate the Subscription though the “Manage Subscription Under My Account” settings or by contacting us at [email protected] in order to effectively end the Subscription. Cancelation will be effective and will be deemed to occur at the end of the then-current Subscription term, PLEASE NOTE THAT IN THE EVENT YOU ELECT TO CANCEL ANY SUBSCRIPTION YOU WILL NOT RECEIVE A REFUND OR ANY FORM OF CREDIT FOR ANY SUBSCRIPTION FOR WICH YOU PREVIOUSLY PROVIDED PAYMENT (WHETHER UPON CANCELLATION OF YOUR SUBSCRIPTION OR TERMINATION OF YOUR ACCOUNT). Furthermore, once any Subscription is cancelled by you or terminated by Provider (as noted above) you will no longer be provided access to any of corresponding Content Materials and Services that were included with such Subscription at the time of your transaction order for the Subscription (except as may otherwise be permitted by Provider, at its sole discretion).
Provider reserves the right to change and update the Gamera Services available as part of the Subscription anytime, and for any reason, without any liability to you. In particular, Provider may add or remove services and/or content from the Gamera Services at any time and for any reason. Please regularly check these terms and conditions for current details about the Subscription.
6.7 Suspension and Termination.
If your Subscription is suspended, cancelled or otherwise terminated, you will not be entitled to any pro-rata refund for the remaining Subscription period (if any). Notwithstanding the foregoing, Provider reserves the right to terminate any of the Gamera Services, at any time and for any reason, with at least thirty (30) day notice to you.
6.8 Personal Use.
Unless otherwise expressly authorized by Provider, Gamera is provided to you in your individual capacity. You may not combine, transfer or exchange Gamera Services with or to other users or Accounts for any reason. Failure to comply with this provision may result in the suspension or termination of your Subscription and/or Account.
6.9 Verification of the Member State of residence.
If you subscribe to Gamera from a Member State of the European Union, Provider shall have the right, at the moment of your Subscription and upon each of its renewal, to verify your Member State of residence through reasonable, proportionate and effective means.
8 Portability of content & Gamera Services quality.
If you subscribe to Gamera from a Member State of the European Union, Provider allows you to access the Subscription when you are temporarily present in a Member State other than your Member State of residence. In such an event, you will keep access to your Gamera Services as if you were located in your Member State of residence. However, Provider makes no warranty whatsoever and shall not be liable to you should the quality of the Gamera Services accessed from another Member State than your Member State of residence differ from the quality of such Gamera Services accessed from your Member State of residence.
9 Revision and Termination of these Terms.
Provider may revise these Terms at any time and for any reason in its sole discretion, changes to be effective as indicated. If you have any questions regarding any changes, please contact Customer Support at [email protected] . Of course, if you do not wish to participate in Gamera after the changes are effective, you may cancel your Subscription by visiting "My Account" at http://gamera.io and click on "Cancel Subscription"; all such cancellations being effective at the end of the Subscription period in which you cancelled.
10.1 A User has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
10.2 A complaint can be lodged through our email address [email protected] or by way of a traditional letter send to the following address: Gamera Project Ltd Tbilisi, Kvishkheti street, building A, apt. 69. A complaint should include in particular the problem constituting the basis for a complaint and User identification information (name, e-mail address, and in case of a traditional letter also a correspondence address).
10.3 The Provider reserves the right to contact Users if further information is required and a User is obliged to supply it promptly.
10.4 Within fourteen (14) calendar days of receiving User's complaint in proper form the Provider will:
complete its internal investigation and advise User of its decision;
inform a User that it needs more time to complete the investigation.
10.5 If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by e-mail User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide a User with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from a User and the User has been advised that the Provider requires User's response.
10.6 A complaint should be submitted within thirty (30) calendar days as of the moment when the reasons for the complaint have become apparent.
10.8 If a User is not satisfied with Provider's decision with respect to the lodged complaint, the User may wish to take the matter to an external independent dispute resolution.
10.9A reply to a complaint shall be sent to an e-mail address or a correspondence address indicated by User submitting a complaint.
If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.
11 Final Provisions
11.3.1 to comply with any change or anticipated change in any relevant law or code of practice;
11.3.2 to reflect any decision of a court, ombudsman or regulator;
11.3.3 to reflect a change in our systems or procedures, including for security reasons;
11.3.4 as a result of changed circumstances (including by adding benefits or new features to the Site);
11.3.5 to respond proportionately to changes in the cost of providing the Product;
11.3.6 to make them clearer.
11.4 If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
11.5 If a change is required in the Provider's view to restore or maintain the security of the Product, the change may be made immediately and without prior notice to Users.