Terms of Service

Below are the Terms of Service that apply to this website and our games. If you are less than 12 years of age, you require parental permission before you can agree to these Terms of Service. You can ask your parents for an explanation if you do not understand the text below.

1) Use of the websites

1.1. You (the "User") are permitted by Game Entertainment Europe BV ("GEE") to access and use the GamersOxygen website located at www.gamersoxygen.com and any extension or related online game website or replacement (the "Websites") subject always to these Terms and Conditions. GEE reserves the right to update these Terms and Conditions from time to time without notice to you.

1.2. To use the games and websites published by GEE ("the Service"), you are required to register as an authorised user on the GamersOxygen website. You must provide us with accurate and complete registration information about yourself and it is your responsibility to inform us of any changes to that information by editing your profile or emailing us.

1.3. You are responsible for the security and proper use of all your usernames and passwords used in connection with the Websites and must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people. You are responsible for all activities that occur under your password and account. You must inform us immediately if there is any reason to believe that your username or password has, or is likely to, become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

1.4 If you forget or lose a password or username you must contact us and satisfy such security checks as we may operate. We reserve the right to suspend username and password access to the Website and the Service if at any time we consider that there is, or is likely to be a breach of security. We reserve the right, at our discretion, to require you to change any or all of the passwords used by you in connection with the Website. You must inform us immediately of any changes to the information you supplied when registering for the Website.

1.5 GamersOxygen accounts, (including any Services attached to the accounts), that are old, unused or passive for 180 days or more, will be deleted without notification on a regular basis.

1.6 The Service does not include the provision of computer or other equipment. To use the Service you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

1.7 The Website is for the User's personal and non-commercial use only, and the User agrees to use the Website in a manner consistent with all applicable laws and regulations which may apply to the User's use of the Website.

1.8 The User may not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information or services obtained from the Website. All our intellectual property rights and those of persons providing content to the site are fully reserved.

1.9 The User may not seek to obtain unauthorised access to GEE’s computer systems or database records. You also agree not to use any computer equipment that is the property of GEE.

1.10 Online games provided by GEE (the “GEE Games”) have been designed for use only on the Service. The Software is licensed for your use on the Service only. GEE does not grant you a licence to use the Software for any other purpose. You agree to use GEE Games on the Service and not through any other means. You further agree not to create or provide any other means through which others may use GEE Games, for example, through server emulators. You may not reverse engineer, decompile or disassemble the Software, including any proprietary communications protocol used by the Software.

1.11 You agree to indemnify and hold GEE, and its subsidiaries, affiliates, officers, agents, co-branders, or other parties ("Indemnified Parties"), and employees, harmless from any claim or demand, including reasonable legal costs made by any third party due to or arising out of any breach by you of these Terms. This indemnity may be enforced by an Indemnified Party in his own right.

1.12 The names of GEE Games and GamersOxygen are trademarks of GEE or its subsidiaries or its partners and may be registered in some countries. These are, without exception or limitation, text, software, audio visual recordings and graphical elements. The full content of the services fall under copyright, on which copyright laws apply. The service provider owns the copyright, coordination, organisation and improvement of the content. All rights reserved. All other registrated trademarks and services, supplied via the Service are

2) Use of the service(s)

2.1 GEE offer to permit you to play the internet based game services of our games. Your use of our games constitute your agreement to all terms of service and your agreement to comply with the Rules of the Games. To confirm your agreement, you should click on the "Agree" button at the end of the registration form when signing up. If you do not agree, you should click on the "Cancel" button at the end of the Agreement, in which case you reject the offered terms of use and will not be permitted to play our games. The Website and GEE Games contain an instant chat services (the "Chat rooms") and message boards (the "Message Boards") to which Users may submit messages for publication. The User agrees to use the Chat Rooms and Message Boards only to post, send and receive messages and material that are proper, comply with the requirements of the Website and relating to the Website. In particular, but without limitation, you agree that when using the Chat Rooms and Message Boards, you will not:

2.1.1 Use the Chat Rooms and Message Boards in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

2.1.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

2.1.3 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

2.1.4 Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;

2.1.5 Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

2.1.6 Advertise or offer to sell or buy any goods or services for any business purpose;

2.1.7 Download any file posted by another user of a Chat Rooms or Message Board that you know, or reasonably should know, cannot be legally distributed in such manner;

2.1.8 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

2.1.9 Restrict or inhibit any other user from using and enjoying the Chat Rooms and Message Boards;

2.1.10 Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

2.1.11 Harvest or otherwise collect Personal Data (as defined below) about others, including email addresses;

2.1.12 Violate any applicable laws or regulations;

2.1.13 Create a false identity, or impersonate any person or entity, for the purpose of misleading others;

2.1.14 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service;

2.1.15 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Website or other user or usage information or any portion thereof.

2.2 You will indemnify Us against all losses, liabilities, costs and expenses reasonably suffered or incurred by Us, all damages awarded against Us under any judgment by a court of competent jurisdiction and all settlements sums paid by Us as a result of any settlement agreed by Us arising our or in connection with:

a) any claim by any third party that the use of the Service by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation, code of practice;

b) any claim by any third party that the use of the Service by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

c) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Service by you.

2.3 GEE has no obligation to monitor the Website and the GEE Games. However, we reserve the right to review materials posted to the Chat Rooms and Message Boards and to remove any materials at our sole discretion. GEE reserves the right to terminate your access to the Chat Rooms and Message Boards, or the Site at any time, without notice, for any or no reason. The GEE Games Moderators shall treat all colleagues and customers and suppliers on their merit irrespective of sex, age, marital status, colour, creed, race, ethnic or national origin.

2.4 GEE reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at its sole discretion.

2.5 GEE does not control or endorse the content, messages or information found on the Website and, therefore, specifically disclaim any liability with regard to the Chat Rooms and Message Boards and any actions resulting from the User's participation in the Chat Rooms and Message Boards.

2.6 Materials uploaded to the Chat Rooms and Message Boards may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

2.7 GEE offers game services accessible (the "Service") through the internet. GEE reserves the right to change the URL address of the Website at any time and from time to time. To use the Service, you will need to install software that GEE makes available from our Websites. Anyone desiring to use the Service is required to establish an account with GEE (the "Account"). GEE does not provide Internet access, and you are responsible for all fees associated with your Internet connection.

2.8. Registrations for Use and Approval

Before you play our games, you must register for the services by providing your real name, additional customer information, as well as accept the terms of this agreement. In addition, when you acquire the company's approval of the customer's registration, the company will approve that you play our games by online service.

We can refuse or delay the approval of customers' registration if any of the following circumstances occurs:

1. A customer uses another person's name without permission.
2. A false registration number is entered using a registration number or key.
3. Intentionally causing damage to GEE or affiliates.
4. Intentionally disrupting social order or interfering with public morals.
5. A customer disturbs GEE's or affiliates’s regular operation.

2.9. Interruption of Service

Consider the feelings of other people in what you say and do. You are relating to a real person, not to a computer character. Think before you speak or act, else you may make mistakes that will prevent you from making friends and becoming part of the larger community. Treat others as you want to be treated. Show respect. Speak up for your opinions, but do not assault other people. Harassment, defamation, abuse, or threats against others through words, pictures or actions are not allowed and could result in account suspension or termination. As a participant in our games, you must abide by the following rules. If you break any of these rules, your right to participate in our games may be immediately terminated by GEE without any claims.

You may not impersonate any member of our team, or fellow participants. You may not impersonate a a member of our Team, an employee, or claim to have an association with any of our games if you do not really are/have one. You may not create any society that would indicate such links.

You may not threaten, harass, or cause grief or distress to any member of our team in or outside cyber space. You may not advertise anything in the cyber space not associated with the cyber space itself.

You may not interfere with any other participant's ability to enjoy our games according to its rules.

You may not harass, threaten, cause grief or distress to another participant in our games.

You are forbidden to 'spam' and/or 'flood' the communication system or abuse functions in our games to cause effects not intended.

You may not use sexually explicit or offensive language.

You may not violate the local laws in the state or country in which you live.

You may not use hateful language towards another participant's gender, race, sexual orientation, intelligence, or religion.

You are not allowed to create societies that are based on any sexist, racist, degrading or hateful philosophy directed towards real life companies, persons or organizations.

You may not engage in or communicate about any illegal activities, including pirated material, drugs or contraband.

You may not use the official site and/or virtual environment to supply the means of access to illegal software or materials.

You must report errors and bugs to our games whenever you discover them. Neglecting to report errors or bugs, or using bugs or 'exploits' for your own benefit may result in termination of your account.

You may not spread any rumours about GEE, our games, and our partners that can be considered potentially damaging, using our games, IRC or any other public forums.

You acknowledge these rules and agree to abide by them. You also agree that you are responsible for your account and that these same rules will apply to anybody you allow to use your account.

2.10. Termination; expiry of game credits

1. The User agreement will be terminated in the following cases.
2. User has not agreed to an extension of the agreement.
3. GEE establishes that User has violated or is in violation of any of the terms of the User Agreement.
4. Termination of service or account if the service or your account is terminated or cancelled at any time for any reason, you agree to the following:(1) you will lose any characters developed or items accumulated and you will not have the right to transfer, sell or assign any characters or items to anyone else;(2) you may not access the service in any manner or for any reason, including via any other account. In the event that an account is terminated, GEE may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account. If we terminate this Agreement under any circumstances, you will lose access to your account for the balance of any cases.
5. Game credits purchased by you must be used within one year after purchase and shall therefore expire one year after purchase, without any right to reclaim the financial value of the unused credits from GEE.

2.11 Parental Guidance

While GEE may choose to monitor and take action upon inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. GEE cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. GEE does not as a matter of policy pre-screen the content of the Service, or the materials or communications transmitted by each player.

3) EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

3.1 The Website may contain material in the form of information that we believe comes from reliable sources. However, GEE accepts no responsibility for, nor does it warrant, the accuracy of such material.

3.2 GEE gives no warranty that the contents of the Website and the Software and other services available from the Website are free from error, interruption of the Service, infection by viruses or anything else that has contaminating or destructive properties and GEE accepts no liability in respect thereof.

3.3 The information on the Website is updated from time to time. However, GEE hereby excludes any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Website or any of its contents.

3.4 To the full extent permitted by law, the User agrees that GEE will not be liable for any damages (including, without limitation, damages for any indirect or consequential or exemplary loss, including but not limited to loss of business opportunities, data, goodwill, projects, or profits) howsoever arising and whether in contract, tort or otherwise from the use of, or inability to use, the Website, or any of its contents and materials, or from any action or omission taken as a result of using the Website or any such contents, or any other matter relating to the Service.

3.5 In any event the User agrees that GEE's liability for all damages and losses (including negligence) shall not in any circumstances exceed the amount paid by you, if any, for accessing the Website.

3.6 Your use of the Service is at your sole risk. GEE does not give any warranties in respect of the Website or of the information provided on it. In particular the Website services, including the Software, are provided on an "as is", "with all faults" and "as available" basis. To the extent allowed by applicable law, GEE disclaims all warranties, conditions or duties of every nature whatsoever, including without limitation any implied terms regarding satisfactory quality, fitness for purpose, and non-infringement.

4) THIRD PARTIES

4.1 The User acknowledges that certain links on the Website lead to resources located on servers maintained by independent third parties who GEE does not endorse and over whom GEE has no control and accordingly GEE accepts no responsibility or liability for any of the material contained on those servers; nor does GEE accept responsibility for the availability of such external sites or resources. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or by third parties via the Website and that we will not be party to or in any way responsible for any transactions between you and third parties.

4.2 The links to other Websites may send "cookies" or solicit personal information and as we have no control over these Websites we accept no responsibility for their actions.

4.3 Where part of the Website contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Website complies with all legal requirements. We do not accept liability in respect of any such advertisements.

5) GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that GEE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GEE's servers on your behalf, and the maximum number of times, and the maximum duration for which, you may access the Service in a given period of time.

6) SOFTWARE LICENCE

6.1 GEE has made available certain game software (the "Software") which you may download from the Website in order to enhance your use of the Website. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. The Software contains proprietary and confidential information and is protected by applicable intellectual property, copyright, and other laws and may only be used subject to the terms of the end user licence agreement which accompanies or is included with the Software ("Licence Agreement") and which also identifies the proprietor of the Software (the "Proprietor").

6.2 The copying, reproduction, modification, and creation of derivative works of the Software to any other server or location for further reproduction, redistribution, selling, loaning, leasing, renting is expressly prohibited except as permitted under the terms of the relative Licence Agreement.

6.3 GEE gives no warranty in relation to the Software. The User may rely only on such warrants provided by the Proprietor in the License Agreement.

7) SERVICES SUBJECT TO A CHARGE

7.1 GEE offers enhanced services (the "Enhanced Services') that are subject to additional charges. These Enhanced Services include, but are not limited to, the use of the GamersOxygen Console to send SMS messages, to download icons and ringing tones to mobile telephones and the provision of "virtual items".

7.2 All items purchased from the Website and GEE Games are held on GEE's servers and may be accessed by the User subject always to these Terms and Conditions. They cannot be downloaded to the User's computer.

7.3 GEE may from time to time withdraw additional Enhanced Services or make certain Enhanced Services available. These Enhanced Services will always be subject to charge.

7.4 The method of payment for the Enhanced Services shall be at the sole discretion of GEE from time to time. GEE may offer the GO Credits that may be used to purchase Enhancements. The GO Credits will be deducted from the User's account as purchases are made.

7.5 Where the User purchases physical goods from GEE, the User has the right to return these for a full refund (except delivery charges) provided that the goods are returned at his own expense within seven days of delivery and in a reasonable and saleable condition. The User shall have no further right to cancel the contract other than pursuant to these Terms and Conditions.

7.6 Where the User purchases services from GEE via the Website, including without limitation virtual items, then from the moment these services are made available, the User shall have no right to cancel the contract other than pursuant to these Terms and Conditions.

7.7 On termination by either party, GEE has the right to delete the account of User including all remaining GO credits on the account of User. GEE is not obliged to refund the GO Credits.

8) DATA PROTECTION

The information that you provide about yourself to us will only be used in accordance with our Privacy Policy. Such Privacy Policy does not apply to websites operated by third parties.

9) MISCELLANEOUS

9.1 In these terms, except where the context requires otherwise, the term "Personal Data" shall mean any data supplied by the User which relates to a living individual who can be identified from that data or from these data and other information which is in the possession of or is likely to come into the possession of GEE.

9.2 GEE reserves the right, at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, and GEE accepts no liability to you or any third party as a result.

9.3 These Terms should be read in accordance with the Privacy Policy with regard to protection of the User's privacy.

10) COMPETITIONS AND PRIZE DRAWS

From time to time we may run competitions, free prize draws and promotions on the Website. These will be subject to additional terms that will be made available at the time of such competitions.

11) CHOICE OF LAW AND JURISDICTION

11.1 These Terms shall be governed by and construed in accordance with the laws of The Netherlands and the parties hereby irrevocably agree that the Dutch Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of the Website and these Terms. GEE's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, sub-licence or otherwise transfer any of your rights under these User Terms.

11.2 The subtitles in these Terms are for convenience only and have no legal or contractual effect.

12. Privacy Statement

GEE gives access to a cyber space to participants. A participant will be able to interact with none, few or many of the other participants. GEE enables each participant to keep his or her identity private. A participant may choose to appear with his or her name or use a nickname in the game. GEE will never disclose registered information to any outside party. GEE may monitor or register a participant's behaviour and collect client system data if necessary to detect and counteract fraud, rules violation, and in order to balance the load on the system. However, GEE will use the personal information it collects to learn what you, as a participant, like and to improve the Service. GEE does not guarantee the security of any of the participant's private transmissions against unauthorized or unlawful interception or access by third parties. When legally obliged or per court order, it will pass this data to the relevant authorities.

13. Arbitration

These Terms of Service and the relationship between GEE and the End User shall be governed by and in accordance with the laws of the Netherlands, and the parties agree to submit to the jurisdiction of such courts.

14. Notice

GEE may send information of our games to you via e-mail or regular mail. It may contain any kind of display such as visual picture or flash animation. The Service may also announce any changes to the Terms of Agreement.

15. Violations of the conditions

You may report any violations of the 'Terms of Agreement' by e-mail to GEE. I have read the entire agreement and agree with these 'Terms of Agreement'. The contents the above may be changed and updated at any time without notice, when deemed necessary.