These Terms of Service (the “TOS”) apply when you use any Gamurs Pty. Ltd (“Gamurs”) owned or operated website or any online service (collectively, the “Services”) that links or refers to the TOS. Please review the TOS carefully before utilizing the Services. By utilizing the Services, you agree to adhere to and be bound by the TOS. Such agreement constitutes a binding contract between you and Gamurs.
IN ORDER TO USE THE SITE, YOU MUST ACCEPT THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT ACCEPT ANY PART OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SITE, INCLUDING ITS FEATURES, YOU ACCEPT THIS AGREEMENT.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND DISCLAIMERS OF LIABILITY
- Age And Changes To TOS
You must be 13 years or older to use the Services. Gamurs may change the TOS or modify any features of the Services at any time in its sole discretion. Your continued use of the Services after any changes to the TOS will be deemed an acceptance of the changes. - Privacy Practices
For information about Gamurs’ privacy practices with respect to the Services, please review Gamurs’ Privacy Policy. The Privacy Policy outlines what information Gamurs collects, how the information is collected, and how the information is utilized. By accessing or using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy. - Prohibited Activities
You shall not undertake any action, or attempt to undertake any action, that could harm Gamurs or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. Such prohibited actions include, but are not limited to:
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The above list is not intended to be exhaustive. Gamurs reserves the right to restrict, limit, or otherwise prevent your access to the Services for any reason in its sole discretion. Violations of the TOS may also result in civil or criminal liability, and Gamurs, in its sole discretion, reserves the right to investigate violations of the TOS and to seek the assistance of law enforcement if desired. - Accounts
To register for the Services, or portions of the Services, you may be required to provide us with certain information, including but not limited to your name, email address, desired username, and password. At any time, Gamurs may request additional information be provided by you to maintain your account. You agree to keep all required information accurate and updated. Each account is for a single user only. Accordingly, you agree not to share or disclose your login credentials with any other person. Gamurs, in its sole discretion, may terminate or suspend your access to the Services, or any portion thereof, if you share your login credentials.
You are solely responsible for all usage and activity on your account, including the use of your account by any third party, and for all charges for any goods or services which are related to your account. You may not transfer or sell your account, nor assign your rights or obligations under the TOS. - Charges for Services
Gamurs reserves the right to charge for access to portions of the Services or to the Services as a whole. Gamurs may utilize a third-party payment provider to facilitate any such payments. Gamurs makes no representations or warranties, and expressly disclaims any liability relating to, the practices of the third-party payment provider. Gamurs encourages you to review the Terms of Service and Privacy Policy of such third-party payment provider.
Gamurs further reserves the right to change the amount it charges for such access or any subscriptions which include such access at any time. Gamurs shall notify you in advance of any changes to such fees and give you an opportunity to make any changes to your account and/or subscriptions. More information about any such subscriptions, if any, shall be made available on the relevant locations of such Services. You shall pay all applicable taxes relating to the use of such paid access. You expressly assume any and all other fees and costs imposed by a third party that may be required for you to receive the service (including but not limited to currency exchange fees, mobile data plan fees and text-message charges). - Intellectual Property
The Services and its content (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected both collectively and individually pursuant to the copyright laws of the United States and other countries. All copyrights in or to the Services are owned by Gamurs or our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Unless expressly authorized by Gamurs in writing, you are prohibited from publishing, reproducing, distributing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services.
Gamurs respects the copyrighted works of others. If you believe in good faith that your copyrighted work has been reproduced on the Services without authorization and that such reproduction constitutes copyright infringement, please contact us at privacyofficer@gamurs.com Please include the following in your email:
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Please be advised that without the above information, there may be delays in any action taken pursuant to your infringement claim, if any action at all.
Any and all rights in the service marks, trademarks, product/service names, company names, trade names, logos, trade dress, slogans, product packaging, and designs of the Services, regardless of whether the trademark symbol is affixed thereto (collectively, the “Marks”), belong exclusively to Gamurs or its licensors, as appropriate. Accordingly, the Marks are protected from reproduction, imitation, dilution, or confusing or misleading uses under the trademark laws of the United States and other countries. The use or misuse of the Marks, except as permitted herein, is expressly prohibited. Gamurs reserves all rights in and to the Marks. Nothing stated or implied herein or on the Services conveys to you any license or right under any patent or trademark of Gamurs, its affiliates, or any third party. - Compliance With Applicable Laws
You agree that you will not use the Services for any purpose that is unlawful, or is otherwise prohibited herein. You further agree that you will comply with all applicable laws and any conditions or restrictions imposed herein. The Services are offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Services for any other purpose. - Third-Party Websites
The Services may contain links to websites which are not owned or operated by Gamurs, and thereby beyond the subject of this TOS (“TP Sites”). Gamurs does not endorse, sponsor, recommend, or otherwise accept responsibility for any TP Sites. You understand and agree that Gamurs is not responsible for the content or privacy practices of the TP Sites. Should you wish to access or otherwise engage with TP Sites, Gamurs encourages you to review the Terms of Service and Privacy Policy of said TP Sites to better understand their practices as well as your obligations. - Disclaimer
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS.” GAMURS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE NOT TO RELY ON THE SERVICES, INCLUDING ANY INFORMATION OR MATERIALS CONTAINED WITHIN THE SERVICES, FOR ANY PURPOSE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. GAMURS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU DO RELY ON THE SERVICES AND/OR ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GAMURS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY GAMURS, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY GAMURS OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
GAMURS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND GAMURS DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES. GAMURS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. - Limitation of Liability
IN NO EVENT WILL GAMURS, ITS PARENT, SUBSIDIARIES, OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY TP SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, OR IN CONNECTION WITH ANY THIRD-PARTY CLAIMS OF ANY NATURE.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GAMURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GAMURS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. - Indemnification
You agree to indemnify and hold harmless Gamurs and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or in any way related to any violation of the TOS, any disputes between you and a third-party (whether another user of the Services or otherwise), or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. - Termination
Gamurs may terminate this agreement for any reason at any time. Gamurs reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, or to any portion thereof, with or without prior notice. Otherwise applicable sections of the TOS shall survive termination. In addition to any termination rights, Gamurs reserve the right to enforce and prosecute any violations of the TOS. - Miscellaneous
This Agreement shall be governed by the laws of the State of Texas. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions
Unless otherwise specified herein, the TOS constitute the entire agreement between you and Gamurs and govern your use of the Services. If any portion of the TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to the TOS. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not modify or replace the TOS regarding any use of the Services, unless expressly stated.
The failure of Gamurs to enforce any provisions of the TOS or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the TOS or to act with respect with similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gamurs as a result of the TOS or your access to and use of the Services.
Questions
Should you have any questions related to the TOS, please contact the privacyofficer@gamurs.com
Last updated: March 2022
