This document is an agreement governing the use of the www.gameslooper.com web site made between the Administration of the Portal and the web user who has registered at the Site and agreed to the terms of the Agreement.
This Agreement was developed by the Administration of the Portal, is a contract pursuant to the Code of Obligations of the Swiss Confederation and applies to the relations between the Administration of the Portal and Users in connection with the services provided by the Portal, and the relations involving rights of third parties who are not parties to the Agreement but whose rights and lawful interests may be affected by the Users’ actions.
Using the Portal the User acknowledges that he has read the Agreement and fully and unconditionally agrees to its terms without any qualifications or exceptions. The Administration retains the right to amend and/or modify the Agreement from time to time. The User has to accept every new version of the Agreement. New version of the Agreement becomes effective and binding upon the Users thirty (30) calendar days from its publication, unless the User’s rejection.
If the User does not agree to the terms of the Agreement, he shall immediately cease any use of the Portal.
For the purposes of this Agreement, the following capitalized terms shall have the following meanings, unless expressly stated otherwise or unless the context otherwise requires. Terms in the singular (as the case may be) shall include the plural and vice versa, and any references to Schedules, Sections and Clauses mean references to schedules, sections and clauses hereof.
Administration - means Gratek AG, seated in Zurich, Switzerland, the details of which are given in Section 11;
Adverts - means a name, description, image of the game covers; names and images of thematic physical and/or virtual objects of the gaming industry, including, without limitation: gaming stations/consoles, joysticks, wires, adapters, other accessories, periodicals, posted by the Users of the Portal;
Items - means physical and/or virtual items contained in the Adverts that the Users post on the Portal;
Personal Data - means information and data of the User reflected on the Portal’s pages or otherwise, which allow his direct and/or indirect identification;
User - means (а) an individual at least 18 years old duly registered at the Portal or a person completing a registration process; or (b) another person who has entered into a cooperation agreement with the Administration;
Portal - means an integrated software and hardware complex and data bases containing information accessible to the general public which allows any person to gain access to such information from any place and at any time at such person’s election using a personal computer and/or another device, including wireless or hand held electronic device (pocket PC, cellular phones and other wireless phones etc.) using any technologies, standards and protocols (web, wap etc.), both existing now and those which may appear in the future;
Applicable Laws - means the laws of the Swiss Confederation;
Site - has the same meaning as the Portal;
Agreement - means the current version of this User Agreement as amended, published on the Internet at http://www.gameslooper.com/terms_and_privacy
Unique ID - means a unique sequence of symbols uniquely connected with the User and stored in the data base of the Site, which is generated automatically by the hardware and software of the Portal after the User completes actions set forth in Clause 2.2.;
The date on which the Unique ID is assigned is confirmed by the technical means of the Portal;
Services - means services set forth in Clause 4.1 and in schedules hereto which the Administration may from time to time publish on the Site.
2.1. To receive full access to the Portal’s features the scope of which is determined by the Administration unilaterally, the User must accept this Agreement. The User accepts the terms of this Agreement by registration and creation of an account on the Portal pursuant to the provisions of this Section 2.
2.2. Registration on the Portal is voluntary and may be completed using one of the following methods:by completion of the form available in a pop-up window that opens when “Register Now” button is pressed on the web site at www.gameslooper.com; or by clicking “Login” “Enter via Facebook” on the web site at www.gameslooper.com and by providing to gameslooper application of access to the User’s Facebook account.
2.3. Registration is deemed complete, and the Agreement is deemed executed and comes into effect when the User is assigned a Unique ID. The Agreement remains in effect for an unlimited period of time unless terminated on the grounds set forth herein.
2.4. Registration is valid only if the User is a capable individual who has reached the legal age set forth by the laws of the Swiss Confederation as the age necessary to enter into similar agreements. Registration is also valid if the User not being an individual enters into a cooperation agreement with the Administration.
2.5. User is fully responsible for safekeeping of his login and password for access to the Portal, and for losses arising out of unauthorized use of his login and password.
2.6. User may not transfer his login or provide his login and password for use to other Users and third parties.
2.7. Sign up for the Portal by a User using other people’s names or names of non-existent persons is prohibited and triggers liability as set forth by the Applicable Laws.
2.8. Sign up for the Portal is free of charge. Should the operating expenses and value of the Services offered by the Portal increase, the Administration retains the right to introduce a fee for the Site sign up. If such a decision is made the User will be sent a reasonable notice to the e-mail address used during registration at the Site, and will be given an opportunity to terminate his status of a User.
3.1. By taking actions set forth in Clause 2.2. and by receiving the Unique ID the User confirms his decision to provide his Personal Data to the Portal and give the latter his continuing consent for processing thereof (gathering, recording, classification, accumulation, storage, amendment (update, modification), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, removal, destruction) for the purposes and on the terms set forth herein and the Personal Data Processing Policy approved by the Administration.
3.2. By taking actions set forth in Clause 2.2. and receiving a Unique ID, the User also confirms to the Portal his consent to the cross border transmission of Personal Data for their display to other Users to the extent the same is required by the Portal operating mechanisms and provision of Services.
3.3. Personal Data shall be processed by the Administration on its own and using computer equipment.
3.4. Personal Data shall be processed pursuant to the Applicable Laws with a view to provision of the Services, subject to taking all measures necessary to protect Personal Data against unauthorized access, modification, disclosure or destruction. Access to Personal Data shall be given only to those employees of the Administration who need to know such data to ensure operation of the Portal and for provision of Services and only to the extent they are required by such employee to provide such Services.
4.1. The main Service provided by the Portal is placement of Adverts. Administration may introduce additional services as it may see fit. The procedure of their use will be published on the Site.
4.2. User may conduct advertising campaigns with respect to his Adverts using the tools provided by the Administration. The procedure and terms of provision of advertising services shall be set out in a separate document approved by the Administration and posted on the Site.
4.3. Pursuant to an individual request and subject to the Administration’s consent, User may receive additional Services the scope and terms of which shall be negotiated.
4.4. The Portal provides the main Service on a free of charge basis. However, every additional Services are subject to costs. The effective costs are published online. Should the operating expenses and value of the Services offered by the Portal increase, the Administration retains the right to expand the list of paid services in the future. If such a decision is made the User will be sent a reasonable notice to the e-mail address used when signing up for the Site, and will be given an opportunity to opt out of using the Services on new terms and/or terminate his status of a User.
5.1. The Portal and the Services are designated for personal, home or family use only, not for business purposes, or for commercial use as set forth in cooperation agreements which may be made by the Administration and the relevant Users.
5.2. All Adverts posted and contained on the Portal in any form are protected by copyright, trademarks, intellectual property laws and are eligible to legal protections available under the Applicable Laws. Copying, storage, distribution, transmission or other use of the Adverts without a written permission of the Administration and copyright holder is prohibited and may result in liability under the Applicable Laws.
5.3. Administration may post on the Portal pages advertising information or any other information for public distribution without any prior notice to the Users or any compensation. The Administration may from time to time change the form, procedure and scope of such information at its discretion.
5.4. If a User is in breach of this Agreement the Administration may suspend or block for an unlimited period of time such User’s access to the Portal or its certain services or areas, or delete the User account. In addition, the Administration may impose additional sanctions against such User by disqualification of such User from registration at the Portal for three (3) years.
5.5. The Administration may use the information provided by the User, including Personal Data, for the purposes of ensuring compliance with the Applicable Laws (including prevention and/or termination of unlawful and/or illegal activity). Disclosure of information provided by the User may be made only in accordance with the Applicable Laws pursuant to a requirement of a court, law enforcement agencies, and in other cases set forth by the laws.
5.6. The Administration may from time to time and as necessary perform technical work and suspend the functioning of the Portal without a prior notice to the Users. The Administration is in any case not liable for any losses caused by the suspension of the Portal.
5.7. Posting of Adverts, references and/or file downloading and/or software installation instructions of third parties on the Portal does not mean that the Administration supports and/or endorses such Adverts, actions, files and/or software.
6.1. User or another person who believes that his or her Adverts were used illegally and/or that his or her copyright and associated rights were infringed may submit a relevant complaint to the Administration. Information about the procedure and address for submission of such complaints and all necessary and related tools are publicly available at: http://www.gameslooper.com/about/holders/
6.2. All potential claims arising in connection with the Adverts shall be reviewed by the Administration within a reasonable period. During such period the Administration shall contact the User who posted the Adverts with respect to which a complaint was received and require that such Adverts be deleted. If the User unreasonably refuses to delete such Adverts or if the User does not take actions within three (3) business days upon receipt of the requirement, the Administration may itself delete the Adverts against which a complaint was received.
7.1. The Portal may terminate this Agreement out of court in the following cases:
if a User is in breach of this Agreement. In this case such User may be disqualified from registration at the Portal for three (3) years. The Agreement shall be deemed terminated fourteen (14) calendar days after the Administration sends a relevant notice to the User to his e-mail address; if the Administration determines that the Portal may not continue to operate. The Agreement shall be deemed terminated fourteen (14) calendar days after the Administration sends a relevant notice to the User to his e-mail address; on other grounds set forth in this Agreement and the Applicable Laws.
7.2. The User may unilaterally terminate this Agreement at any time and delete all his data, including Personal Data (revoke his consent to their processing), by submission of a request to the Administration in accordance with the procedure set out on the Site.
7.3. Where this Agreement is terminated (both by the Portal or the User, or by mutual consent) all registration data of the User, Documents posted by him will be deleted without any fees or any compensations by the Portal. However, the Administration retains the right to keep back-up copies of such data and Documents where it is required to comply with the obligations set forth by the Applicable Laws. No third parties will have access to such back-up copies.
8.1. User understands and agrees that the User posting an Advert is responsible for all Adverts posted on the Portal, their content and consequences.
8.2. The Administration does not control, guarantee and is not liable for the quality, condition, completeness of the Items, content, accuracy and completeness of their description in the Users’ Adverts.
8.3. User posting an Advert shall himself be responsible to other Users and third parties for his actions in relation to using the Portal, including infringement of copyright and other intellectual property rights. User shall himself and at his expense settle all third party claims related to the User’s actions when using the Portal, including claims which may be made against the Portal.
8.4. The User shall use any Items received by another User as a result of his making use of the Services of the Portal at his own risk, and the Administration shall not be responsible for any damages to property and data of the User as a result of acquisition, viewing and use of such Items.
8.5. The Administration will not be liable for any negative consequences which the Users may have in connection with posting of Adverts and sale/exchange of Items, including for claims or actions by the copyright owners which they may have or make against Users in connection with their posting of Adverts and sale/exchange of Items.
8.6. The Administration will not be liable for failures, errors, delays and malfunctions of the software and/or hardware of the Portal, incorrect and/or untimely download, deletion of Adverts, and User’s losses caused thereby.
8.7. The Administration shall not be liable for timely absence of the User’s access to software and/or hardware of the Portal, and related damages of the User.
8.8. The Administration shall not be liable for any indirect/consequential damages and/or lost profit of the User or third parties, loss of information as a result of the use or inability to use the Portal.
8.9. The Administration shall not be liable for losses of the User arising out of unlawful actions of third parties, including relating to the use of the Portal.
8.10. User and Administration shall be released from liability for full or partial failure to perform their obligations under the Agreement if such failure was caused by events of force majeure arising after the effectiveness of the Agreement, events of extraordinary nature which could not be foreseen or prevented by reasonable actions.
9.1. By taking actions set forth in Clause 2.2. and by receiving a Unique ID the User confirms that:
he is making use of the Portal’s Services at his own risk. The Services are being provided on an “AS IS” basis. The Administration expressly excludes any warranties, expressed or implied, including, without limitation, warranty of the quality of Services and their fitness for a particular purpose;
The Administration does not warrant that: (1) Services will meet the requirements and expectations of the User; (2) Services will be available at all times, on time, without errors and securely; (3) any bugs in the Portal’s software will be immediately fixed;
purchase/sale/swap of any Item shall be made at the User's own risk who shall bear full responsibility for any potential circumstances;
no recommendations or information received by the User orally or in writing from the Administration or at the Site shall not mean that the Administration assumes any liability and/or provides any warranties other than those expressly provided herein.
9.2. User fully understands and confirms that the Administration is not responsible for any direct, indirect, consequential, special, exemplary or other damages, including, without limitation, lost profit, loss of use, loss of data or any other intangible losses, damage to reputation and other damages (even if the Administration was notified of the possibility of such damage) arising out of: (1) use or inability to use the Services; (2) amendment of the terms of the Agreement, obtaining of data instead of those received through or by the Services or as a result of execution of transactions, communications or information received as a result of Services; (3) unauthorized access to the User data or modification of data transmitted by the User or stored on the Site; (4) statements or conduct of any person on the Site; (5) any other event relating to the Portal.
9.3. The Administration endeavors to ensure continuous operation of the Portal, however, it is not responsible for full or partial loss of data posted by the User, and for insufficient quality or speed of Services relating to posting of Adverts, viewing pages of the Portal and other actions.
10.1. All rights to the Site in general, domain names www.gameslooper.com, and any related names; applications, information materials, graphic images that represent the elements of the user interface used by the Portal; logos, design and other identification materials used on the Site are owned by the Administration and/or are used by it on the basis of the relevant license and are eligible for protections set forth by the Applicable Laws.
10.2. User may not copy or modify the software of the Portal, create software derivative from the Portal’s software, reverse engineer the Portal’s software with a view to obtaining codes or other information which may affect the normal operation of the Portal, modify or otherwise interfere with the Portal operation.
The Application is administrated by Gratek AG (CHE-327.258.857), Wiesenstrasse 8, 8008 Zurich, Switzerland.
12.1. User warrants that he understands all the terms hereof and that he accepts them unconditionally and in full.
12.2. User warrants that he will not use the Portal for any purposes other than those set forth in this Agreement and on the Site.
12.3. If a court finds any of the provisions of this Agreement invalid or unenforceable, it shall not affect the validity or enforceability of its other provisions.
12.4. Failure by the Portal to take actions in case the User is found in breach of the terms hereof shall not mean a waiver by the Portal of its rights and does not prevent the Administration from taking the relevant actions to protect their rights and interests in the future.
12.5. This Agreement is governed by and shall be construed in accordance with the laws and other regulations of the Swiss Confederation. The provisions regarding protection of consumer rights shall not apply to the Agreement with respect to the Services provided by the Portal on a free of charge basis.
12.6. Any disputes arising out of this Agreement shall be resolved in accordance with the Applicable Laws.