Terms and Conditions of Use of the Gagaplayer Website
Please note! Before viewing the website Gagaplayer.com (hereinafter referred to as the Website), read these Terms and Conditions of Use of the Gagaplayer website (hereinafter referred to as the Terms and Conditions) and the Gagaplayer Privacy Policy. If you do not agree with these Terms and Conditions, do not use this Website.
Below you will find the conditions of legal agreement to be concluded by the User with the Administration of the Website (hereinafter referred to as the Administration), based on which the User utilizes the information and services provided by the Website as well as its Mobile Applications in App Store and Google Play Store. These Terms and Conditions consist of the following Sections:
- Terms and Definitions.
- General Rules and Conditions.
- Website Content. Games.
- Waiver of Warranties and Limitation of Liability.
- Other Terms and Conditions
1. Terms and Definitions
User is any private individual who accesses the Website, uses the resources of the Website through the Internet.
Website is a collection of software and hardware with a unique address on the Internet along with information resources that provide unlimited access to these information resources and other information services through the Internet. The website is located on the Internet at a unique link (URL): https://gagaplayer.com, including the mobile version of the Website at a unique link (URL): https://gagaplayer.com, as well as its sub-domains and versions for other hardware platforms.
Content is the information content of the Website, which consists of graphic, textual, audio, video, photo and other materials, including Games, that are posted on the Website by the Administration.
Game is a computer program hosted on the Website used for organization of gaming experience (gameplay) for purposes of interaction as well as its components both separately and collectively.
Mobile Application is software designed for work on smartphones, tablets and mobile devices.
2. General Rules and Conditions
2.1. When using the services offered by the Website, the User confirms his/her consent to these Terms and Conditions and agrees to comply with them as well as with the Privacy Policy.
2.2. The Administration may amend these Terms and Conditions at any time by posting the amended Terms and Conditions without prior notice to the Users. The user should view these Terms and Conditions each time they log in to the Website to become aware of the amendments made to them.
2.3. If any provision contained in these Terms and Conditions is unacceptable to you, please stop using the Website. Further use confirms the User's consent with these Terms and Conditions, including amendments made to them.
2.4. In accordance with the Civil Law of Ukraine, these Terms and Conditions are a public offer and addressed to an indefinite circle of persons.
2.5. The Administration may at any time without notification of the Users, without liability, change, suspend or terminate access to the whole Website or to some of its resources, including access to any information, databases and/or Content, and/or Games, and impose restrictions on certain functions of the Website and/or its resources.
2.6. Use of the functions, resources and Content of the Website by the User, including Games hosted on it, means their unconditional acceptance of all items of these Terms and Conditions, including all their amendments and supplements.
2.7. These Terms and Conditions are the same for everyone and relate to all individuals using the Website.
2.8. A person under the age of majority is obliged to ask parents' permission to view and use this Website, in accordance with the Children's Online Privacy Protection Act (COPPA).
3. Website Content. Games
3.1. The content of the Website, including Games, is allowed to be viewed by Users who have reached the age of thirteen years and older.
3.2. Regarding Content, including Games, the User has no right for:
3.2.1. use the Content, including Games, if the legislation system of the User's location prohibits the use of such Content and/or participation in such Games or sets other restrictions, including age ones;
3.2.2. without a written consent of the Administration, to distribute and make available to the public the Content of the Website, audiovisual displays and images of the User's gameplay;
3.2.3. distribute, transmit and copy the Website Content, including Games;
3.2.4. without written consent of the Administration, examine the program code, decompile, disassemble, modify the Game and any part of it, as well as create derivative products based on the Game or its parts;
3.2.5. use the Website Content, including Games, for commercial or other purposes not provided for in these Terms and Conditions;
3.2.6. use undocumented features (bugs) and errors of the Game software;
3.2.7. use external programs of any kind to gain advantages in the Game.
3.3. If the Administration becomes aware of violations of the above provisions as well as other violations of the applicable legislation system of Ukraine, the Administration reserves the right to block access of such User to the Website as a whole or to its separate functions individually, at any time, at its own discretion and without prior notice.
3.4. The User understands, accepts and agrees that the Content of the Website, including Games, are hosted on the Website legally and are protected objects of intellectual property, which cannot be used in ways not provided for by the Terms and Conditions. Granting the User access to the Content, including Games, the implementation of the gameplay and participation in the Game cannot be regarded as the transfer or assignment of the exclusive right in relation to such Content and/or Game from the Administration to the User.
3.5. The Administration of the Website adheres to the policy of compliance with intellectual property rights with respect to the Content hosted on the Website; therefore, in case of violation of intellectual property rights of third parties by one or another User, the Administration has the right to apply the restriction on use.
3.6. The Partner is solely liable for the content, quality, design, gameplay and the other features of the Content uploaded by them, including the Game, as well as for the violations of the applicable legislation, the rights of the third parties, copyright and any related rights.
3.7. The Partner independently, at his own expense, considers the complaints, claims, demands and disputes filed by a person who believes that the Content uploaded by the Partner or transmitted to the Administration for uploading to the Website, including the Game, violates this person's copyright and/or any related rights and/or some other rights, and takes measures to prevent the Administration from being held liable.
3.8. The Administration is not liable for the violation of the intellectual property rights in relation to the Content of the Partner posted on the Website. In the event of a dispute, the Administration may block the material in respect of which the dispute arose until the disputed issue is resolved.
3.9. The User can access the Content for information purposes and personal use only within the available functionality of the Website and on the terms and conditions provided for in these Terms and Conditions as well as exclusively for non-commercial purposes.
4. Waiver of Warranties and Limitation of Liability
4.1. Services, results of work of algorithms and other Content and Games are provided to the User on the "AS IS" and "AS AVAILABLE" basis. The User can access the Content exclusively within the available functionality and on the terms and conditions provided for in these Terms and Conditions.
4.2. The Administration does not provide any guarantees and assurances.
The Administration does not guarantee to the User that:
· The Website will meet the requirements and needs of the User;
· The Website will function smoothly, constantly, accurately and securely;
· The information obtained as a result of the use of the Website will be accurate and reliable.
4.3. Accepting these Terms and Conditions, the User agrees that he or she uses the Website Content, including Games, at his or her own risk, to the extent permitted by applicable law. The Administration waives all warranties relating to the use of the Content of the Website, both express and implied.
The Administration, officials, employees and representatives are not liable to Users for:
· direct, indirect, incidental, special, damages resulting from the use of the Website;
· any shortcomings, errors or inaccuracies in the Content;
· any kind of harm and loss caused to a person or property as a result of the use of the Content;
· unauthorized access to/or use of our secure server or any personal or financial information that is contained in it;
· suspension or termination of data transfer on the Website;
· program errors or viruses, similar errors or objects that can be transmitted through the Website to third parties;
· any errors or omissions in the Content.
The provisions of Section 4 of these Terms and Conditions for limiting liability are applied to the fullest possible extent within the limits provided for by the legislation system of the relevant jurisdiction.
The User directly confirms that the Administration is not liable for the Content or actions of third parties. The User independently carries the risk of causing harm, loss or damage, violation of someone's rights and legitimate interests.
5. Other terms
5.1. These Terms and Conditions, together with the Privacy Policy, hosted at the link https://gagaplayer.com/privacy.html, constitute an exhaustive agreement between the User and the Administration.
5.2. These Terms and Conditions, as well as amendments and supplements hereto, shall become effective upon their hosting to the address https://gagaplayer.com/terms.html. The relations arising in connection with the use of these Terms and Conditions shall be regulated by the legislation system of Ukraine.
5.3. All disputes arising in connection with the use of these Terms and Conditions are resolved in a contractual manner, and in case the parties fail to reach an agreement, the dispute may be referred to courts of Ukraine.
5.4. Before applying to the court, a written proposal for voluntary settlement of the dispute must be presented. The recipient of such proposal shall within 30 (thirty) calendar days from the date of its receipt notify the applicant in writing of the results of the consideration.
5.5. These Terms and Conditions, any other legal conditions that will be published by the Administration in the future, constitute an exhaustive agreement regarding the use of the Website between the User and the Administration.
5.6. The User undertakes to immediately notify the Administration of any copyright infringement on the materials of the Website.
5.7. In order to prevent recognizing separate provisions of these Terms and Conditions invalid or such that are inconsistent with the legislation system of Ukraine, such provisions shall cease to be valid (shall be deemed invalid) when such contradiction with the legislation system arises.
5.8. If such contradiction exists at the time of publication of these Terms and Conditions, such provisions do not become through.
5.9. If any legal provision of these Terms and Conditions is subsequently recognized invalid by the court, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions.
Latest update: july 15, 2022