1.Introduction
A. General
This document, herein referred to as the “Agreement,” represents a legally binding contract between you and DIGITAL HORIZON E COMMERCE – FZCO incorporated under the laws of United Arab Emirates under company registration number DSO-FZCO-35525 and having its registered office at Dubai Silicon Oasis, IFZA Business Park, DDP, Premises Number 37618 – 001, Dubai, United Arab Emirates. Throughout this Agreement, we shall be referred to as “Gamer Choice,” “we,” “us,” or “our.”
This Agreement governs two key aspects:
The provision of services offered by Gamer Choice, defined further below as “Gamer Choice Services.” Your utilization of the Gamer Choice Platform, defined below as the “Platform.”
Eligibility
Gamer Choice Services are exclusively intended for use by:
Individuals aged 18 years or older who possess the legal capacity to enter into binding contracts as stipulated by relevant laws.
Individuals under the age of 18, provided they obtain the consent and direct supervision of their parent or legal guardian. All transactions initiated by individuals under the age of 18 within the purview of this Agreement shall be considered as having been sanctioned by their respective legal guardian or parent, who shall assume full responsibility for the activities of such minors.
Overview of Gamer Choice Services
i. Gamer Choice functions as the operator and overseer of the Platform. The Platform is a multifaceted online environment equipped with an array of tools and features. These resources are strategically designed to empower Sellers and Selling Users in the sale of a diverse range of products, including but not limited to virtual in-game products and services, as well as game activation codes. Sellers and Selling Users leverage the Platform to establish their own “Sellers’ Stores,” thereby presenting these products and services to potential buyers.
ii. The Platform extends to users the capability to explore, peruse, and select from the various offerings presented within Sellers’ Stores. It streamlines the process of managing purchases conducted within these Stores.
iii. It is worth noting that Gamer Choice typically does not assume the role of a Buyer or Seller, unless explicitly stated on the Platform. Consequently, Gamer Choice ordinarily refrains from purchasing digital content from Sellers and Selling Users, as well as abstaining from the resale of such digital content to Users.
iv. Transactions executed within Sellers’ Stores are inherently bilateral agreements, conducted directly between individual Sellers or Selling Users and Users themselves. Gamer Choice functions primarily as the provider of tools and technology aimed at facilitating the setup and management of Sellers’ Stores, elevating product visibility, streamlining purchase management, and delivering ancillary services designed to enhance transactional safety, speed, and dependability.
Key Considerations
This Agreement chiefly delineates the contractual relationship between Gamer Choice and Users. In this context, Gamer Choice assumes the pivotal role of Platform administrator.
This Agreement does not preside over the specific terms and conditions governing interactions between Users and Selling Users or Sellers.
The terms and conditions governing payment receipt and processing through the Platform are presided over by external payment providers. Users availing themselves of these services agree to be bound by the terms of service promulgated by these payment providers, subject to periodic revisions.
This Agreement does not prescribe specific conditions for transactions and contractual agreements between Users and Selling Users or Sellers. Such conditions encompass various facets, including pricing, content, quality, safety, and the legality of virtual in-game products and services, game activation codes, warranties, and liabilities pertinent to the sale of these items. While Gamer Choice implements certain controls to validate product compliance with these Terms and Conditions, it does not authenticate or guarantee the veracity of data supplied by Users or Sellers. The mantle of responsibility for all activities and content generated within their respective stores rests squarely with each Seller’s Store.
Notwithstanding the above, Gamer Choice, in its capacity as a commerce provider, reserves the prerogative to institute a fundamental set of prohibited activities on the Platform. Comprehensive details pertaining to these prohibitions are meticulously outlined within the confines of these Terms and Conditions.
B. Definitions
Account: A user account established and utilized by individuals to access or engage with the Gamer Choice Platform.
Business Account: An account tailored for corporate entities and larger teams, facilitating collaborative payments, order tracking, and feedback consolidation on the Gamer Choice Platform.
Business Day: A Day other than Saturdays, Sundays, or official public holidays in United Arab Emirates, relevant to operations on the Gamer Choice.
Buyer: The individual or entity engaging in the acquisition of Goods and/or Services through Gamer Choice.
Goods and/or Services: Digital commodities, products, and/or services presented, listed, or proffered by Sellers for purchase through Gamer Choice.
Gamer Choice Services: The array of services and functionalities furnished by Gamer Choice via its Platform, encompassing provisions that enable Sellers and Buyers to formalize Sale Contracts.
Information: All forms of data, content, descriptions, media, specifications, textual material, and visuals accessible on the Gamer Choice Platform.
Intellectual Property Rights: The comprehensive scope of rights, entitlements, and interests pertaining to patents, registered designs, copyrights, trademarks, service marks, and other intellectual, industrial, and proprietary assets affiliated with the Gamer Choice Platform.
Sale Contract: The contractual agreement brokered through the Gamer Choice Platform between Sellers and Buyers for the exchange of Goods and/or Services.
Seller: A duly registered vendor on the Gamer Choice Platform, engaged in the presentation and sale of Goods and/or Services via the platform.
Personal Data: Data as defined within the Privacy Policy promulgated by Gamer Choice, governing the safeguarding and processing of individualized data.
Privacy Policy: The officially articulated policy disseminated by Gamer Choice on its Platform, presiding over the treatment and management of Personal Data.
Platform: The online interface, encompassing the website, mobile site, or mobile application, developed and/or overseen by Gamer Choice.
Registration Process: The procedural framework instituted by Gamer Choice, directing users in the creation and activation of their Gamer Choice accounts.
Representatives: The workforce comprising employees, officers, agents, contractors, workmen, and duly authorized representatives associated with a given party utilizing the Gamer Choice Platform.
You/Your: The collective reference to all users, inclusive of Sellers, Buyers and Affiliates, engaging with and participating on the Gamer Choice Platform.
Affiliate-Related Definitions:
Affiliate Program: The initiative established by Gamer Choice, enabling users to become affiliates and earn commissions by promoting products or services available on the platform.
Affiliate: A user who has joined the Affiliate Program and actively promotes digital products or services available on Gamer Choice to earn commissions.
Affiliate Link: A unique referral link generated by Gamer Choice for each Affiliate. When Users click on this link and make purchases, the Affiliate may earn commissions.
Commission: The monetary compensation earned by an Affiliate for successful referrals or sales generated through their unique Affiliate Link.
Referral: A User who clicks on an Affiliate’s unique Affiliate Link and subsequently makes a purchase on Gamer Choice.
Payout: The process through which Gamer Choice disburses earned commissions to Affiliates, following the terms and conditions of the Affiliate Program.
Cookie: A small piece of data stored in a user’s web browser to track the source of a referral when the User clicks on an Affiliate Link. Cookies are used to attribute sales and commissions accurately.
Affiliate Dashboard: A secure online interface provided by Gamer Choice to Affiliates, enabling them to monitor their performance, view earnings, and access promotional materials.
Affiliate Agreement: The contractual agreement between Gamer Choice and an Affiliate, outlining the terms and conditions of participation in the Affiliate Program, including commission rates, payment terms, and promotional guidelines.
Within this Agreement, several principles of interpretation and usage prevail:
Singular and Plural: The singular form of a term shall encompass its plural counterpart and vice versa.
Natural Persons and Entities: Terms referring to natural persons shall also extend to include corporate and unincorporated entities.
Legal Scope: References to laws, legislation, or specific provisions shall encompass all relevant regulations, statutory requirements, and instruments issued under the said laws, legislation, or provisions. This includes any subsequent variations, modifications, or reenactments of the aforementioned legal elements.
Section Headings: The headings employed in this Agreement are inserted solely for convenience and organizational purposes, holding no influence over the construction or interpretation of the document.
No Detrimental Interpretation: No rule of interpretation shall be employed to the detriment or disadvantage of the party responsible for creating or overseeing this Agreement.
Illustrative Language: Any wording following expressions such as “including,” “include,” or similar phrases should be regarded as illustrative and not restrictive in defining the breadth of the associated general terms.
Inclusive Parties: References to any party involved in this Agreement or any affiliated document shall automatically encompass their successors and any individuals granted permission or authority by said parties.
C. Scope and Completeness of Agreement
This Agreement serves as the comprehensive framework governing the use of Gamer Choice’s services and platform, encompassing all aspects of the parties’ engagement concerning the subject matter herein, including but not limited to account creation, intellectual property rights, payment procedures, and dispute resolution. It constitutes the entire understanding between the parties, along with any referenced documents herein, supplanting any prior agreements, arrangements, or understandings, whether verbal or written. No representations, commitments, or assurances shall be inferred from any discussions or written correspondence preceding this Agreement, except as expressly articulated within this Agreement.
2.User Account and Access
A. User Account and Access Guidelines
Should you seek access to the Gamer Choice Platform and wish to utilize Gamer Choice Services, it is incumbent upon you to initiate the Account creation process, adhering to the prescribed Registration Process. Upon successful registration, your access to the Platform and Gamer Choice Services will be granted upon logging in to your Account. It is important to note that Gamer Choice reserves the right to conduct a background assessment of your credentials and maintains sole and absolute discretion in either granting or denying access to the Platform, Gamer Choice Services, or specific segments thereof. Additionally, you may be required to furnish supplementary verification or information during the registration procedure.
The utmost responsibility for safeguarding the confidentiality and security of your Account’s username and password lies with you. In the event of any unauthorized access to your Account, it is imperative that you promptly notify Gamer Choice. Any communication, notification, or confirmation originating from your Account will be deemed as your issuance, irrespective of whether it was generated by a third party, whether authorized or not. You shall be bound by such instructions, notifications, or confirmations. Gamer Choice assumes no liability for acting upon instructions, notifications, or confirmations sent via your Account. Gamer Choice is under no obligation to scrutinize the authenticity or authority of the individual transmitting or executing the instructions, notifications, or confirmations, nor is it required to verify the completeness of such communications.
You must diligently monitor all activities and transactions conducted through your Account. It is incumbent upon you to review and validate the transaction history associated with your Account. You shall promptly notify Gamer Choice in the following instances:
Upon detecting any unusual activities or transactions linked to your Account, or if any of these activities or transactions are inaccurately recorded in your Account.
Upon receiving incomplete, corrupted, or erroneous data or information from Gamer Choice.
Upon receiving data or information not intended for your use, which you shall refrain from utilizing or disclosing without prior written consent from Gamer Choice.
In the absence of explicit consent from Gamer Choice, each individual is limited to one Account. No Account may be established on behalf of another individual or for the purpose of impersonating someone else. In the event that Gamer Choice identifies the creation of a fraudulent account, Gamer Choice reserves the right to promptly suspend the account. Furthermore, Gamer Choice retains the option to undertake additional corrective actions, including but not limited to reporting the matter to relevant authorities. Gamer Choice assumes no liability in such circumstances.
B. Responsibilities and Regulatory Requirements
You are required, at your own expense and in a responsible manner, to:
Adhere to all applicable laws, statutes, regulations, orders, delegated or subordinate legislation, regulatory policies, notices, determinations, guidelines, directives, and any other requirements stipulated by governmental, statutory, regulatory bodies, and departments, as they may evolve over time.
Secure and maintain, for the entire duration of this Agreement, all necessary approvals, consents, licenses, and permissions (whether statutory, regulatory, contractual, or otherwise) pertaining to your obligations and activities under this Agreement and any Sale Contract.
Comply with all guidelines, rules, regulations, policies, instructions, and procedures related to the Platform and Gamer Choice Services, whether currently in force or as may be imposed by Gamer Choice in the future.
In addition to the above obligations, you shall conduct yourself in an ethical manner and uphold the highest standards of business ethics while using the Platform and Gamer Choice Services. This includes, but is not limited to, fair and honest dealings, transparency, and the avoidance of any actions that could bring harm to Gamer Choice or its users.
3.Sale Contracts and Transactions
A. Sale Contract Guidelines and Seller Obligations
All Sale Contracts are exclusively entered into between the relevant Seller and the relevant Buyer, with Gamer Choice playing no role in the transaction. Gamer Choice neither represents nor warrants the Goods and/or Services and is not liable for any costs, losses, damages, claims, fines, penalties, liabilities, or expenses arising from the Sale Contract, including negligence, delay, failure, fault, or breach by the Seller or Buyer. The Buyer acknowledges the risk of game developer modifications to the game account and its content resulting from purchases via the Platform, and Gamer Choice bears no liability in such cases. Gamer Choice serves as a facilitator for Goods and/or Services offered by third-party Sellers, and as such, it has no control over the quality, safety, accuracy, or legality of the items listed.
Despite the above, the Sale Contract is subject to the following terms and conditions:
You shall not modify or cancel any Sale Contract formed via the Platform without written agreement from Gamer Choice, and you shall indemnify Gamer Choice for any resulting losses.
You shall fulfill your obligations under the Sale Contract diligently, promptly, and with due care and skill.
You shall comply with any instructions, guidelines, and policies provided by Gamer Choice regarding the Sale Contract.
In case of conflicts, disputes, or issues arising between you and another user or a third party regarding the Sale Contract, you are encouraged to resolve them directly with the involved party. Gamer Choice may intervene at its discretion to assist in resolving such matters based on its policies and dispute resolution process. Gamer Choice has no obligation to resolve disputes between users or with third parties. You are obligated to follow Gamer Choice’s reasonable instructions in this regard.
Users may seek resolution of disputes arising from a transaction through the claims tribunal of their local jurisdiction. Gamer Choice retains the right to retain any sums paid by the Buyer until a mutually amicable binding resolution is reached. By using the Platform, you release Gamer Choice and its officers, directors, agents, subsidiaries, joint ventures, and employees from any demands, damages, or claims related to disputes, to the maximum extent permitted by applicable law.
Seller’s Representations, Warranties, and Obligations
You may list and sell your Goods and/or Services on the Platform, subject to Gamer Choice’s procedures and conditions. Gamer Choice may, at its discretion, categorize Sellers and determine price ranges for Goods and/or Services. Gamer Choice may remove products or services that violate its policies, including illegal or fraudulent items, adult-oriented or inappropriate content, or copyright and trademark infringements.
Each Seller warrants, represents, acknowledges, and confirms that:
They have obtained all necessary permissions, rights, licenses, consents, and approvals to publish, display, and offer Goods and/or Services on the Platform without infringing third-party rights or local laws.
They will honor and fulfill all Sale Contracts and refrain from actions that affect the Buyer’s entitlement to purchased Goods and/or Services.
They can provide, transfer, or deliver Goods and/or Services to the Buyer promptly.
The Goods and/or Services are accurately described and conform to their descriptions.
They will not recruit or poach Buyers or engage in transactions with Buyers outside the Platform.
The Seller is solely liable for all claims related to the Sale Contract, including non-delivery, defective quality, or misdescription of Goods and/or Services. Gamer Choice does not owe a fiduciary duty to the Seller regarding the Buyer’s payment obligations for the purchased Goods and/or Services.
Payment by the Buyer
B. Payment Processes and Fees
The Buyer is responsible for remitting payment for the Sale Contract through the designated payment gateways and the available methods provided on the Platform. This process is subject to the terms and conditions stipulated by the relevant payment gateway service provider.
Payment to the Seller
Upon the successful delivery of the purchased Goods and/or Services, accompanied by the submission of requisite supporting documentation, Gamer Choice will transfer the Sale Contract Sum to the Seller’s Account. This transaction will be conducted through the payment method selected by the Seller, following the deduction of applicable fees as determined by Gamer Choice. However, Gamer Choice retains the prerogative to retain any sum as stipulated in this Agreement, unless a complaint or notice of dispute is lodged by the Buyer, and the Buyer has duly received the purchased Goods and/or Services.
Payment to Affiliates
Affiliates will receive their commission to their earnings upon the successful completion of a sale/transaction between the Buyer and Seller, as specified in their individual agreements.
The payment process for affiliates is subject to the terms established in these agreements.
Gamer Choice reserves the right to withhold the Contract Sum for a period as determined at its discretion, in accordance with this Agreement and pertinent policies (Customer Protection Guideline & Coverage Policy).
Payments disbursed by Gamer Choice to the Seller adhere to the timeframes and cutoff times prescribed by Gamer Choice, with any alterations or modifications subject to Gamer Choice’s absolute discretion.
Gamer Choice Services/Administration Fees
Gamer Choice is authorized to levy Gamer Choice Services/Administration Fees for the provision of its services. All fee amounts displayed on the Platform are exclusive of taxes.
In addition, you are not entitled to offset any payments owed to Gamer Choice against claims or payments due to you. In cases where Gamer Choice suspects your involvement in fraudulent or analogous activities, it retains the full discretion to annul any payment requests
made by you.
4.Affiliate Program Terms and Guidelines
A. Affiliate Program Enrollment and Account Management
Application Submission: While we don’t have a formal application review process, please be aware that we reserve the right to request additional information if necessary.
Access Granted: Upon successful creation of your gamer choice account, you will also gain access to the Affiliate Program. This tool is by default available through your Gamer Choice account, and it provides you with valuable resources for managing your affiliate activities.
Within the Affiliate Dashboard, you can:
Access comprehensive information about the Affiliate Program.
Utilize powerful analytics tools.
Access order/user feeds to closely monitor the results generated by affiliates.
Protect Your Account: It’s crucial to maintain the confidentiality and security of your account’s username and password. If you suspect any unauthorized access to your account, please notify us immediately. Keep in mind that any instructions, notifications, or confirmations received via your account will be treated as if they came directly from you, whether sent by you or a third party. We are not liable for actions taken based on instructions received through your account and are not obliged to investigate the authenticity of such communications.
Monitor Activities: Actively monitor all activities and transactions conducted through your account. Should you notice any unusual activities, inaccuracies, or incomplete data, report them to us promptly. Additionally, report any data or information not intended for you and refrain from using or disclosing such data without our written consent.
5. One Account Per Individual: Unless expressly permitted by us, individuals are limited to one account each. Creating an account with the intent to impersonate another person is strictly prohibited. If we discover fraudulent account creation, we reserve the right to delete the account immediately. Furthermore, we may take additional actions, such as notifying relevant authorities, without incurring any liability on Gamer Choice’s part.
B. Affiliate Program Guidelines and Restrictions
As an affiliate partnering with Gamer Choice, you assume certain responsibilities and expectations regarding the methods and information you use to promote Gamer Choice:
Accuracy and Authority:
Ensure that all information you provide to Gamer Choice and use in your promotions is accurate, complete, and up-to-date.
Possess the necessary authority and rights to use and share such information in your promotional activities.
Respect for Third-Party Rights:
Your promotional methods and any information made available through them must not infringe upon the rights, including intellectual property rights, of any third party.
Obtain explicit permission to use any copyrighted materials from third parties, whether it’s text, images, or any other copyrighted work.
Ethical Promotion:
Engage in ethical marketing practices and avoid any deceptive or misleading tactics. This includes refraining from false advertising, spamming, or any activity that may harm Gamer Choice’s reputation.
Prohibited Content:
Strictly prohibit the use or promotion of any content that may be deemed:
Unlawful or in violation of any law.
Technologically harmful.
Threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable, as determined by Gamer Choice.
Encouraging or inciting conduct that constitutes a criminal offense or gives rise to civil liability.
Violating or infringing the rights of others.
Specifically, your promotional methods must not involve or promote content that:
Is sexually explicit.
Promotes violence.
Promotes discrimination based on factors like race, sex, religion, nationality, disability, sexual orientation, or age.
Involves or promotes illegal activities.
Incorporates materials that infringe or enable the infringement of copyrights, trademarks, or other intellectual property rights or violate the law.
Contains software downloads or links that could potentially divert traffic or clicks from other affiliates in our program.
Review and Compliance:
Comply with our program’s guidelines and regularly review your promotional content to ensure it aligns with these guidelines. This helps maintain the quality and consistency of promotions.
These guidelines are essential for maintaining a professional and ethical partnership with Gamer Choice. Please ensure that you adhere to these responsibilities and expectations throughout your affiliation with us. Failure to comply may result in the termination of your affiliate partnership.
C. Affiliate Link Usage and Restrictions
As an affiliate of Gamer Choice, you play a pivotal role in promoting our products and services. To maintain the integrity of our affiliate program and ensure a positive experience for all, we’ve outlined the following guidelines and restrictions regarding the usage of ref link, but not limited to:
Authorized Usage:
You are granted a non-exclusive, non-transferable right to access our Platform and establish affiliate links solely for the purpose of this Agreement.
You must maintain at least one (1) affiliate link on your platform, allowing your visitors or users to navigate directly to our Platform by clicking on the link.
Review and Amendments:
Gamer Choice reserves the right to review the placement of the affiliate link on your platform and how it’s made available to your visitors or users.
We may request amendments to the link or its placement, and you are obliged to comply with such reasonable requests.
Prohibited Tools and Software:
You shall not introduce, install, transmit, or use any tools or software that may interfere with or affect the affiliate link or a user’s interaction with our Platform upon clicking the link.
Prohibited tools and software include, but are not limited to:
“Interstitials”
“Parasiteware”
“Parasitic Marketing”
“Shopping Assistance Applications”
“Toolbar Installations and/or Add-ons”
“Shopping Wallets”
“Deceptive Pop-ups and/or Pop-unders”
Any other tool or software that disrupts the affiliate link or user experience.
“Parasiteware” and “Parasitic Marketing” primarily refer to applications that:
Overwrite affiliate and non-affiliate commission tracking cookies, except through customer-initiated clicks on qualifying links.
Intercept searches to redirect traffic, leading to pop-ups or cookie overwrites where users would typically reach the same destination through search engine results.
Set commission tracking cookies through methods like loading our Platform in IFrames, hidden links, or automatic pop-ups.
Target text on websites other than those 100% owned by the application owner for contextual marketing.
Remove, replace, or block the visibility of affiliate banners with any other banners, except those on websites entirely owned by the application owner.
Compliance Monitoring:
We may periodically monitor your platform to ensure compliance with our policies and the terms and conditions of this Agreement.
Your adherence to these guidelines is essential to maintaining the integrity of our affiliate program.
Impact on Affiliate Commissions:
Violation of these link usage and restriction guidelines may result in the forfeiture of affiliate commissions and possible termination from our affiliate program.
D. Affiliate Compliance and Legal Responsibilities
As an esteemed affiliate of Gamer Choice, we expect you to adhere to the following, but not limited to:
Ethical Marketing: Your marketing practices must uphold the highest ethical standards. Please steer clear of any deceptive or misleading tactics. This includes refraining from false advertising, spamming, or engaging in any activities that could harm Gamer Choice’s reputation.
Data Protection: It’s crucial to respect user data privacy. Ensure that you comply with all relevant data protection regulations, such as GDPR. Under no circumstances should you engage in practices that compromise user privacy.
Customer Support: While you’re encouraged to promote Gamer Choice’s products or services, please note that you should not act as an official customer support representative or make commitments on behalf of Gamer Choice.
Transparency: You must be transparent about your affiliation with Gamer Choice when communicating with your audience. This disclosure should be prominently displayed on your platforms, whether through a disclosure statement, disclaimer, or other means.
Prohibited Promotions: Certain promotional methods or channels may be prohibited. For instance, you should refrain from using paid search advertising for specific keywords or phrases associated with Gamer Choice.
Non-Compete Clause: If relevant, please be aware that you are not permitted to promote competing products or services during your participation in our program.
Content Review and Compliance: We may review your content to ensure that it aligns with our program guidelines. This helps maintain the quality and consistency of our promotions.
Termination Conditions: Keep in mind that Gamer Choice reserves the right to terminate your participation in our program if you violate our guidelines, engage in unethical practices, or breach our agreement.
International Compliance: If you operate internationally, it’s essential to comply with various local laws and regulations, particularly those related to marketing and data protection.
Payment Policies: Familiarize yourself with our payment schedule, methods, and any minimum thresholds for receiving commissions.
Communication Channels: We encourage you to use our preferred communication channels for support, inquiries, or reporting any issues.
Program Changes: We will keep you informed of any changes to our program’s guidelines, commission structure, or terms and conditions.
E. Affiliate Commission Payment and Terms
Payment will follow the guidelines outlined in Section 3: Sale Contracts and Transactions, Subsection 3.2: Payment Processes and Fees.
5.Usage Rights and Restrictions
A. Usage Rights, Restrictions, and Prohibited Activities
In consideration of your acceptance of the terms and conditions outlined in this Agreement, Gamer Choice grants you a non-exclusive, non-transferable right to access and employ the Gamer Choice Platform and Services. This privilege is solely for the purposes specified in this Agreement, and any commercial exploitation of the Platform or Gamer Choice Services is strictly prohibited.
The Gamer Choice Platform/Services, encompassing the Platform, Gamer Choice Services, and all Information contained on or accessible through the Platform and/or Gamer Choice Services, will be collectively referred to as “Gamer Choice Platform/Services.” All references to Gamer Choice Platform/Services herein shall include their constituent parts. Unless expressly stated in this Agreement or authorized in writing by Gamer Choice, you are expressly prohibited from:
Copying, distributing, replicating, or disseminating Gamer Choice Platform/Services, except where such actions are incidental to normal usage or necessary for compliance with this Agreement or for backup and operational security reasons.
Renting, leasing, sublicensing, loaning, translating, merging, adapting, modifying, or altering Gamer Choice Platform/Services in any manner.
Making alterations or modifications, either in whole or in part, to Gamer Choice Platform/Services or allowing their integration with other programs.
Disassembling, decompiling, reverse-engineering, or creating derivative works based on any part or the entirety of Gamer Choice Platform/Services.
Providing or otherwise disclosing the underlying software of the Platform, either wholly or partially, including object and source code, to any party.
Employing Gamer Choice Platform/Services for unlawful purposes, unauthorized purposes, or engaging in fraudulent or malicious activities.
Harvesting or collecting Information from Gamer Choice Platform/Services or Gamer Choice’s systems or attempting to decipher data transmissions to or from servers hosting any Gamer Choice Services.
Accessing data or Information not intended for your use, including, but not limited to, logging into servers or accounts for which you lack authorization.
Using any device, software, or routine to disrupt or attempt to disrupt the proper functioning of the Platform, transmitting malicious code, viruses, or harmful data through the Platform or any operating system.
Misusing, abusing, or attempting to hack into any aspect of Gamer Choice Platform/Services or compromising Gamer Choice’s software or systems.
Transmitting, advertising, or publishing unsolicited advertising or promotional content through Gamer Choice Platform/Services.
Utilizing Gamer Choice Platform/Services in any manner that could:
Damage, disable, overload, impair, or jeopardize Gamer Choice’s systems, software, and security.
Interfere with other users’ ability to use and enjoy Gamer Choice Platform/Services
B. Intellectual Property Rights
Ownership: All existing Intellectual Property Rights related to Gamer Choice, its contractors, partners, service providers, suppliers, or licensors (if any), shall unequivocally remain the exclusive property of their respective owners. This Agreement explicitly does not confer upon you any rights, titles, or interests in these Intellectual Property Rights.
Creations and Developments: Any Intellectual Property Rights generated or cultivated during the course of this Agreement by Gamer Choice, including its suppliers, contractors, partners, and licensors (if any), shall be the sole and absolute property of Gamer Choice.
Prohibition: You are expressly forbidden, both individually and through any third party, from partaking in any activities that would encroach upon the Intellectual Property Rights held by Gamer Choice or any third party regarding your use of the Platform and/or Gamer Choice Services.
Usage Limitations: Any Information or assets furnished to you by Gamer Choice under this Agreement, in which Gamer Choice maintains Intellectual Property Rights, may solely be employed for the precise purposes explicitly authorized by this Agreement. This clause retains its validity even after the termination of this Agreement.
Enhancements: Gamer Choice retains the prerogative to introduce enhancements or revisions to its Intellectual Property Rights terms, and such adjustments will be duly incorporated into this Agreement.
Claims of Copyright Infringement & Notification of Violations: Should you become aware of any Copyright Infringement or any violations of Gamer Choice’s Intellectual Property Rights, please report them to Gamer Choice.
C. User Provided Information and Content Rights
Accuracy and Legality of Information
You are responsible for ensuring that all information you provide to Gamer Choice, whether submitted or published on the platform, is accurate, complete, and up to date.
It is essential that you have the necessary authority and rights to share such information. You also warrant that the use of this information by Gamer Choice will not infringe upon any third party’s rights, including Intellectual Property Rights.
Prohibited Content
You are strictly prohibited from transmitting or posting any content on the Gamer Choice platform and/or services that may be deemed unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane, or objectionable in any way.
This prohibition extends to content that could encourage criminal offenses, civil liabilities, or violations of the law, as well as content that infringes upon the rights of others.
Granting of Rights
By submitting or uploading any content through the Gamer Choice platform and/or services, you automatically grant Gamer Choice a royalty-free, perpetual, irrevocable, and non-exclusive right and license to reproduce, share, publish, and distribute this content (either in whole or in part) via the platform. However, this grant excludes Personal Data, which will be processed by Gamer Choice in accordance with the Privacy Policy posted on the platform.
6.Platform Policies and External Content
A. Compliance with Platform Policies
You shall comply with and observe all the relevant terms, conditions, and requirements contained in the policies published by Gamer Choice on the Platform (“Policies”). It is your responsibility to stay informed about any updates or changes to these Policies. Compliance with the latest versions of these Policies is mandatory.
Failure to adhere to these Policies may result in consequences, including but not limited to account restrictions or other actions taken by Gamer Choice. For the avoidance of doubt, the Policies shall form an integral part of this Agreement, and you shall be bound by the same.
B. Third Party Links and External Content Disclaimer
The Platform may include hyperlinks to third-party websites or resources (“Third-Party Sites/Content”). These links are provided for your convenience. Gamer Choice exercises no control over these Third-Party Sites/Content and assumes no responsibility for their content or accuracy. Gamer Choice disclaims any liability for any potential loss or damage that may result from your use of Third-Party Sites/Content. If you opt to access any Third-Party Sites/Content, you acknowledge that you do so entirely at your own risk.
7.Data Privacy and Confidentiality
A. Personal Data Handling and Privacy Compliance
Compliance: All Personal Data collected by Gamer Choice will be processed by Gamer Choice in accordance with the Privacy Policy published on the Platform.
Responsibilities: To the extent that any of the data or Information extended to you by Gamer Choice and/or collected or processed by you on behalf of Gamer Choice, pursuant to this Agreement, consists of Personal Data, you agree to:
a. Comply with the Personal Data Protection Act: Comply with the requirements of the Personal Data Protection Act and ensure that your actions do not cause Gamer Choice to breach its obligations as a “data user” under the Personal Data Protection Act.
b. Policy Adherence: Observe Gamer Choice’s published policies on Personal Data protection, as may be updated from time to time.
c. Access Provision: Provide Gamer Choice with access to any Personal Data upon reasonable request.
d. Breach Reporting: Immediately notify Gamer Choice if you become aware of a breach or possible breach of your obligations in relation to the processing of the Personal Data under this Agreement.
Data Retention: Personal Data collected and processed under this Agreement shall only be retained for as long as necessary to fulfill the purposes outlined in the Privacy Policy or as required by applicable laws and regulations.
Survival Clause: This Clause shall survive the termination of this Agreement.
B. Confidential Information Protection and Disclosure
Confidential Information: Refers to all forms of information, regardless of format (machine-readable, visually-readable, oral, etc.), whether labeled as “Confidential” or not. This information is provided by or on behalf of the disclosing party to the receiving party, either before or after the commencement of this Agreement, for purposes related to or in connection with this Agreement. It includes, but is not limited to, technical data, know-how, information concerning the business, trade secrets, financial data, marketing strategies, and any other information that, by its nature, is confidential and proprietary to the disclosing Party or its suppliers/affiliates.
Non-Confidential Information: Information that falls outside the scope of Confidential Information. This includes information that was already in the possession of the receiving party without an obligation of confidentiality, information independently developed by the receiving party, information that becomes publicly available (other than due to a breach of this Agreement by the receiving party), or information obtained by the receiving party from a non-confidential source not bound by confidentiality obligations to the disclosing party.
Confidentiality Obligations
Disclosure Limitation: The receiving party agrees not to disclose Confidential Information to any third party, except under the following circumstances:
i. Where required by law, regulations of any securities exchange, or a court of competent jurisdiction.
ii. Where permitted under this Agreement.
iii. To its Representatives and/or legal, financial, and/or accounting advisors with a legitimate need to access such Confidential Information.
iv. With the prior written consent of the disclosing party.
Mandatory Disclosure: If any of Gamer Choice’s Confidential Information must be disclosed due to legal requirements or court orders, the receiving party must promptly provide written notice to Gamer Choice before making any such disclosure. The receiving party shall cooperate with Gamer Choice and use commercially reasonable efforts to obtain confidential treatment for Gamer Choice’s Confidential Information.
Use of Confidential Information
Limited Purpose: All Confidential Information shall solely be used for the purpose of this Agreement.
Exceptions
Disclosure to Relevant Parties: Notwithstanding the confidentiality obligations, Gamer Choice may disclose your Information to the relevant Seller, Buyer, or Gamer Choice’s service providers for the purpose of providing the Gamer Choice Services. By agreeing to this Agreement, you authorize Gamer Choice to share your contact Information with the relevant Seller or Buyer for the purpose of the Sale Contract.
Survival Clause
Continued Effect: This Clause shall survive the termination or expiry of this Agreement for any reason whatsoever.
8.Legal Considerations
A. Warranties, Limitations, and Disclaimers
Warranty of Reasonable Care and Skill:
Gamer Choice warrants that it will provide the Gamer Choice Services with reasonable care and skill.
Third-Party Information:
Information available on the Platform or through Gamer Choice Services may be provided by third parties, including Sellers and other users. While Gamer Choice will make reasonable efforts to present this information in its original form as supplied by third parties, Gamer Choice does not guarantee the accuracy, completeness, reliability, originality, currency, or error-free nature of this information.
Platform and Service Functionality:
Regarding the use of the Platform and/or Gamer Choice Services, Gamer Choice does not warrant:
That the functions within the Platform and/or Gamer Choice Services will meet your specific requirements.
That the operation of the Platform and/or Gamer Choice Services will be uninterrupted or error-free.
That any defects in the Platform and/or Gamer Choice Services will be corrected.
That the Platform is free of viruses, bugs, online interruptions, or other harmful threats. You are responsible for implementing necessary security and virus protection measures on your computer or mobile device before accessing the Platform.
Advice and Recommendations:
Any advice or recommendations provided by Gamer Choice, its employees, or agents represent opinions and may not accurately reflect the true application, quality, or features of a particular service. You accept that following or acting upon such advice or recommendations is at your own risk, and Gamer Choice shall not be liable for any consequences thereof.
Telecommunication Delays:
All transactions conducted on the Platform occur through telecommunication and data networks. Delays or failures in receiving notifications from Gamer Choice or vice versa may result from factors affecting service providers and other relevant parties. Gamer Choice cannot guarantee prompt delivery of such notifications.
Platform Availability:
There may be times when the Platform or Gamer Choice Services are unavailable due to maintenance, updates, upgrades, or other reasons beyond Gamer Choice’s control. Gamer Choice makes no warranty regarding continuous availability and shall not be held responsible or liable for any unavailability of services.
B. Limitation of Liability
Warranty Disclaimer:
Subject to applicable law and the Act:
The Platform, Gamer Choice Services, and all Information provided to you by Gamer Choice via the Platform and/or Gamer Choice Services are offered on an “as is” and “as available” basis. Gamer Choice disclaims all warranties and conditions unless otherwise specified I n this Agreement.
Limitation of Liability:
Gamer Choice shall not be liable for any costs, losses, damages, claims, fines, penalties, liabilities, or expenses arising from the provision of Information through the Platform.
In no event shall Gamer Choice be liable for indirect, incidental, punitive, or consequential damages and losses, including loss of profit, goodwill, production, revenue, or any other special damages, whether or not foreseeable or advised by Gamer Choice.
Maximum Liability:
Gamer Choice’s total liability (including acts and omissions of its Representatives) for any costs, losses, damages, claims, fines, penalties, liabilities, or expenses under this Agreement shall not exceed 100 United Arab Emirates Dirhams (AED) or the relevant fees paid for the disputed Gamer Choice Services, whichever is higher.
C. Indemnity
You agree to defend, indemnify, and hold harmless Gamer Choice, its affiliates, and each of their respective directors, officers, employees, and agents from and against all costs, losses, damages, claims, fines, penalties, liabilities, and expenses, including attorney fees. This indemnification applies to any issues arising from or in connection with negligence, omission, or breach of this Agreement on your part.
This indemnity shall remain in effect whether or not legal proceedings are initiated. If such proceedings are initiated, it applies regardless of the means, manner, or nature of any settlement, compromise, or determination.
Importantly, nothing in this clause shall prevent or restrict Gamer Choice from enforcing any other rights and obligations owed to it under this Agreement.
D. Force Majeure
Gamer Choice shall not be held liable for any failure to perform its obligations under this Agreement, nor shall it be considered in breach of this Agreement, if such failure or delay arises from causes beyond Gamer Choice’s reasonable control. These causes may include, but are not limited to:
Natural Events: Fire, acts of God, storms, explosions, earthquakes, floods, tempests, accidents, or other natural disasters.
Man-made Events: War or the threat of war, acts of sabotage, insurrections, civil disturbances, or requisitions.
Governmental Actions: Actions, restrictions, regulations, bylaws, prohibitions, or measures of any nature enforced by governmental, parliamentary, or local authorities.
Labor Disputes: Strikes, lockouts, or other industrial actions or trade disputes.
Resource Scarcity: Challenges in procuring raw materials, labor, fuel, parts, or machinery.
Technical Issues: Telecommunication, transportation, power supply, system disturbances or failures, or machinery breakdowns affecting the Platform, Gamer Choice Services, or any related components.
In such circumstances, Gamer Choice’s ability to fulfill its obligations may be delayed or hindered due to factors beyond its reasonable control.
E. Waiver of Rights and Remedies
No Waiver of Rights
No failure or delay by either party in exercising any rights or remedies under this Agreement, whether for a specific period or not, and no knowledge or acquiescence by a party in any breach of any provision of this Agreement, shall be construed as or deemed to be a waiver of such rights or remedies. Additionally, any waiver by a party of any breach of this Agreement shall not constitute a continuing waiver with respect to any subsequent or ongoing breaches.
Written Waiver Required
No provision, right, or remedy under this Agreement may be waived except through written agreement signed by the party waiving its rights.
F. Severability
If any term, condition, provision, covenant, or undertaking (“Provision”) in this Agreement is found to be illegal, invalid, or unenforceable, it will be considered separately from the remaining Provisions. The illegality, invalidity, or unenforceability of one Provision will not affect the validity or enforceability of the others. This Agreement will be interpreted and enforced as if the problematic Provision had never been included. If a Provision or its application is deemed illegal or unenforceable, it will be modified to ensure it becomes legal, valid, and enforceable while preserving its original intent and purpose.
G. Consumer Protection
In the event that you qualify as a consumer under the Consumer Protection Act 1999 (“Act”), the following provisions come into effect:
Limitation of Remedies and Rights: This Agreement is specifically structured to restrict your remedies and rights to the extent permitted by the Act. It aims to define the boundaries within which your rights can be exercised.
Liability for Loss or Damage: It is essential to clarify that this Agreement does not, under any circumstances, exempt Gamer Choice from liability in cases involving:
a. Negligence: Gamer Choice remains liable for any losses or damages resulting from its negligence, irrespective of the Agreement’s terms.
b. Breach of Agreement: Gamer Choice cannot absolve itself of liability when it breaches any explicit or implicit terms of this Agreement without adequate justification.
These provisions ensure that, as a consumer, your rights are protected under the umbrella of the Consumer Protection Act 1999. They also establish that Gamer Choice will be held accountable for any actions that contravene the Act or infringe upon your statutory rights as a consumer.
9.Access Management and Changes
A. Suspension and Termination of Access
Gamer Choice reserves the right, without prior notice, to take immediate action in the following circumstances:
Suspension or Termination: Gamer Choice may suspend or terminate your access to the Platform and/or Gamer Choice Services.
Information Removal: Gamer Choice can remove any Information that you submit, upload, or transmit through the Platform.
Activity Limitation: Gamer Choice may suspend or limit any or all of the activities and transactions associated with your Account.
Payment Withholding: Gamer Choice can withhold, retain, or forfeit any due payments.
These measures may be taken if:
Gamer Choice deems your performance of Sale Contracts unsatisfactory.
Gamer Choice believes, reasonably, that your use of the Platform and/or Gamer Choice Services disrupts other users’ experience.
You violate any terms and conditions outlined in this Agreement or if Gamer Choice has reasonable grounds to suspect such a breach.
B. Termination of Agreement
Without prejudice to any other rights that Gamer Choice may have under this Agreement or at law, Gamer Choice may immediately terminate this Agreement by notice in writing if:
i. You are in breach of any of the terms and conditions of this Agreement and such breach is not remedied by you within fifteen (15) days of Gamer Choice’s written notice OR
ii. You shall pass a resolution for winding up or becomes, threatens, or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration, including without limitation bankruptcy proceedings, or if a receiving order is made against you or you make any arrangement or composition with your creditors.
Consequences of Termination:
Without prejudice to any other rights and remedies Gamer Choice may have under this Agreement or at law, upon termination:
i. All rights granted to you under this Agreement shall cease.
ii. You shall immediately cease all activities authorized by this agreement.
iii. You shall immediately destroy or, at Gamer Choice’s request, promptly return all Gamer Choice’s Confidential Information which is in your possession and certify to Gamer Choice that you have done so.
C. Notice
All notices and communications related to this Agreement must be in writing.
Sending Notices:
Sending Notices to Gamer Choice:
If you need to notify Gamer Choice, please use the following method:
Email: Send an email to: support@gamer-choice.com.
Sending Notices to You:
Gamer Choice may notify you through the following methods:
Platform Notifications: Notices may be posted, published, or sent through the relevant Platform.
Short Messaging Services (SMS): Notifications may be sent via SMS to the mobile number registered with Gamer Choice.
Deemed Service of Notices:
Notices are considered officially served as follows:
Email: If sent by email, it’s deemed served upon successful delivery, recorded as a sent email. For emails sent before 6 p.m. on a Business Day, and those sent after 6 p.m. or on a non-Business Day, it’s considered served the next Business Day.
Platform Notification or SMS: If sent through the Platform or via SMS, it’s considered served immediately when posted, published, or sent. For notifications sent before 6 p.m. on a Business Day, and those sent after 6 p.m. or on a non-Business Day, it’s considered served on the next Business Day.
D. Agreement Changes and Modifications
Modification of Agreement
Gamer Choice reserves the right to make changes to this Agreement or any part of it, including the introduction of new conditions or fees for access and use. Any changes, additions, deletions, or modifications will become effective immediately upon notice, which may be provided through means such as:
Posting on the Platform
Electronic communication
Conventional mail
Other means by which you typically receive notices
Your continued use of the Platform and/or Gamer Choice Services after the notice of any changes implies your acceptance of the modified Agreement.
Disagreement with Modifications
If you disagree with any additions, deletions, amendments, or modifications to this Agreement, you must promptly notify Gamer Choice of your disagreement. In such cases, this Agreement will be considered terminated upon your notification, unless Gamer Choice and you reach a different agreement.
Changes to Platform and Services
Gamer Choice also reserves the right to change or discontinue any aspect or feature of the Platform and/or Gamer Choice Services. This includes but is not limited to content, hours of availability, and the equipment required for access and use.
Amendment Approval
Any amendments or variations to this Agreement initiated by you are not valid or binding unless both parties agree to them in writing.
10.Legal Framework
A. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE). Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the UAE courts.
B. Survival
11.Agreement Administration
The terms, conditions, and provisions of this Agreement that are designed to endure and have ongoing effect shall continue to be binding and enforceable after the termination or expiration of this Agreement.
A. Transferability of Agreement Terms
You may not transfer, assign, novate, or subcontract any of your rights or obligations outlined in this Agreement to a third party without the prior written consent of Gamer Choice. Gamer Choice, on the other hand, reserves the right to transfer, assign, novate, or subcontract any or all of its rights and obligations under this Agreement to any of its affiliates.
B. Update to These Terms
We reserve the right to modify these Terms and Conditions periodically. It is your responsibility to review these Terms and Conditions regularly to ensure your agreement with the most current version. Any revisions to these Terms and Conditions made after their acceptance will not affect existing agreements.
Last Updated:
April 16, 2024