This Terms of Service ("Terms") are a legally binding agreement that governs your use of GameDuell Services and/or the games and applications offered by GameDuell INC. ("GD INC.") and accessed through third party web sites (collectively, the "Service"). By using or accessing the Service, you agree to be bound by these Terms.
Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the GameDuell Sites. If you do not agree to these Terms of Service or any changes or updates, you can cancel any accounts or Services you have signed up for. Your continued use of the GameDuell Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update at least one month after the last change.
GameDuell Reserves the right to change these Terms in any way and at any time and to terminate your access to the service without notice if you violate these Terms.
GameDuell reserves the right to deny, in its sole discretion, any user access to the GameDuell Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service). You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
If any of the Services require you to open an account (subscription-based Services) you agree that all information that you submit during the registration process is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by GameDuell), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify GameDuell immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by GameDuell).
We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by GameDuell or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Where the Services utilize the account management of a social networking website (such as Facebook), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account. GameDuell shall have no liability for hacking or loss of virtual in-game items from your GameDuell Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any virtual in-game items lost due to your violations of these Terms of Service. GameDuell reserves the right, without prior notification, to limit the order quantity on any virtual in-game item and/or to refuse to provide you with any virtual in-game item. Verification of certain information applicable to a transaction involving a virtual in-game item may be required prior to our acceptance thereof. Price and availability of the virtual in-game items are subject to change without notice.
The Service may include various virtual, in-game currencies ("Virtual Currency") including, but not limited to "coins", "cash" (f.e. "jungle cash"), that may be purchased from GameDuell for "real" money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from GameDuell for "real" money or for Virtual Currency.
Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from GameDuell or any other party. GameDuell reserves the right to change the virtual currency for virtual items or game features at any time. The value of the virtual Currency and the virtual changing rates can be changed by GameDuell in every way and at any time. By using the virtual Currency you accept the current value of the virtual Currency.
Virtual Currency and goods are NON REFUNDABLE and NON TRANSFERABLE:
YOUR PURCHASE OF COINS OR OTHER ONLINE CURRENCY IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR GAMEDUELL ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL IN-GAME ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL IN-GAME ITEMS.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from GameDuell Service and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in GameDuell's sole and absolute discretion, or if GameDuell discontinues providing the Service.
GameDuell has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and shall have no liability to you or anyone for the exercise of such rights.
GameDuell may charge subscription fees to access certain Services (including certain games) and participate in related activities.
We are working with third parties for the payment which may provide links to other websites where you can try offers and receive certain services for free.
The use of the payment methods such as, but not limited to Paypal, Boku, Paysafe etc. is at your own risk.
GameDuell is not affiliated to any of the Third Party Brands and not responsible for any damages due to the use of the Payment Methods and the submission of personal data like mobile number etc.
Any separate charges or obligations you incur in your dealings with these third parties are your own responsibility.
GameDuell makes no representation or warranty regarding any payment process/provider, content, goods, services provided by any third party.
The Services may contain e-mail services, chat areas, news groups, forums, communities, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. GameDuell has no obligation to monitor the Communication Services. GameDuell reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. GameDuell reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by GameDuell, and such communications shall not be considered reviewed, screened or approved by GameDuell. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. GameDuell specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized GameDuell spokespersons, and their views do not necessarily reflect those of GameDuell.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. GameDuell is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
GameDuell reserves the right at all times to disclose any information or materials found on the Communications Services as GameDuell deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in GameDuell's sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:
GameDuell and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any GameDuell Site. Without limiting the foregoing, GameDuell and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
The Services including, without limitation, all Software, Games, Logos, Grafics, Animations, Characters, Music and other Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and character data).
The entire contents of the Service and each area contained therein are copyright protected as a collective work under the laws of USA (California).
GameDuell owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that GameDuell, and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by GameDuell and derivative works thereof, and that you do not acquire any of those ownership rights by accessing such materials.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual Goods and agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of GameDuell.
All User feedback, comments, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to GameDuell in connection with the use of the Service shall be the exclusive property of GameDuell. You agree that unless otherwise prohibited by law GameDuell may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
GameDuell has the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with GameDuell. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the GameDuell Sites or any change in such Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. GameDuell reserves the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). If your account is terminated or suspended by GameDuell, GameDuell shall have the right to terminate or suspend any of your other account(s).
FOR THE PURPOSES OF CLARITY, SUSPENSION OR TERMINATION OF YOUR GAMEDUELL ACCOUNT(S) OR SUBSCRIPTION(S) SHALL NOT AFFECT YOUR SOCIAL NETWORKING WEBSITE ACCOUNT(S).
You expressly agree that use of the Service and especially of the payment system is at Your sole risk. Nether GameDuell nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by GameDuell (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Service, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. GameDuell makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, GameDuell shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized GameDuell spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized GameDuell spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
THIS SERVICE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY GAMEDUELL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMEDUELL AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
GAMEDUELL AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
GAMEDUELL DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GAMEDUELL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMEDUELL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GAMEDUELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GAMEDUELL RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT GAMEDUELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GAMEDUELL'S GOODS OR SERVICES, FROM INABILITY TO USE GAMEDUELL'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GAMEDUELL'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
The failure of GameDuell to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of GameDuell's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
As required by California Code Section 1789.3, this notice is to advise You that (a) the GameDuell Service is provided byGameDuell INC
235 Montgomery St. Suite 960
San Francisco, CA 94104
For Customer Service please send a Mail to: email@example.com, firstname.lastname@example.org or email@example.com
"Social Plugins" are used to improve the customization of our offer for each respective user.
First of all, we offer an additional, alternative method of registration and login via Facebook Connect. This option is provided by Facebook, Inc.
When using Facebook Connect, the data (e.g., User ID, email address registered with Facebook, some details shared with 'everyone') from your Facebook profile is transferred to our website. Similarly, the data provided on our website may be communicated to your Facebook profile. The data imported from your Facebook profile may be stored and processed by us.
The use of Facebook Connect is subject to the terms and conditions of the Data Use Policy on the Facebook platform. You can find more information about the protection of data on Facebook here: http://www.facebook.com/about/privacy/
In the event that you do not agree with these data sharing conditions, we advise you not to login with Facebook Connect. We will update the Terms & Conditions when there are further developments or any additional "Social Plugins" are available.
Berlin, February 2, 2012