Terms & conditions

GAMENATION

TERMS OF USE

These GAMENATION Terms of Use (the “Terms”) apply to you and govern your use of the GameNation  website and mobile application (collectively referred to as the “App”). You should read and accept these Terms carefully before using the App.

“We” or “us” means Digicel Caribbean Limited, a company registered under the laws of Barbados, One Welches, Welches St. Thomas BB22025 Barbados.

References to “we”, “our” and “us” in these Terms also includes our subsidiaries and affiliates (“Affiliates”) from time to time.

“You” means the person accessing or using the App or viewing its Content (and “your” shall have the same meaning).

By accessing or using the App, whether occasionally, frequently or permanently, or by otherwise indicating your consent, you agree to be bound by these Terms.

If you do not agree to or accept any of these Terms, you should stop using the App immediately.

You may not transfer or assign any obligations or responsibilities arising from these Terms to third parties in any way whatsoever, and may not make any third party a partner to responsibilities written in these Terms and therefore in related legal provisions due to any reason whatsoever.

DESCRIPTION OF THE APP

Gamenation is an online gaming portal for Caribbean & Latin America users to enjoy online gaming experiences including but limited to other Value Added Services (VAS).

To access content on the App, you must have internet access.

You accept that certain content on the App may not be available in your country or in your preferred language due to contractual licensing restrictions. Please note that content available in your current location may become unavailable to you if you travel to another location in which content is restricted.

We reserve the right to modify, suspend, remove or disable access to the App and any content or other materials that are offered on the App at any time, without notice. Certain content on the App may also be published for a particular amount of time, causing it to automatically expire and become inaccessible after that time. Consequently, we will neither be responsible towards you nor any third party for any modification, suspension, removal, expiration or discontinuance of the App or any of its content.

REGISTRATION

The App will require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the App, you agree that:
(i) your account and password are personal to you and may not be used by anyone else to access the App;
(ii) you will not do anything which would assist anyone who is not a registered user to gain access to the App; and
(iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

TERMINATION OF REGISTRATION

If you no longer wish to have a registered account, you may terminate your account by clicking on “Request to be forgotten” under Privacy Settings.  If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the App as continued use indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the App immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

You may terminate your subscription to an active game or service by going to your Profile on the menu and clicking “Deactivate” under Subscriptions.

RIGHTS AND OBLIGATIONS

You shall be solely responsible for all associated fees and costs incurred by you for connectivity and data usage in relation to your use of the App.

All content available on the App, including but not limited to images, software, text, videos, and audio or other multimedia content in digital format, or other material or information submitted to or on the App, are available only for your personal and non-commercial use.

You agree to not : a) use any device or software to interfere or attempt to interfere with the proper working of the App, including but not limited to disrupting or intercepting it; b) use any robot, spider, other electronic device, automatic, or manual process besides the sharing capabilities available on the App, to hack, monitor or copy the App or any content published on it; c) use the App in any way that may cause harm to it or have a detrimental impact on our users’ experience; or d) use the App in any other way that is inconsistent with these Terms.

You have the right to terminate or cancel your subscription to the App at any time by submitting your request for cancellation through the means provided on the App.

By using the App, you may encounter content that may be considered aggressive, indecent or offensive, which may or may not specifically be identified as having explicit material. Therefore, you agree to use the App at your own discretion and risk.

DATA PROTECTION

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
Our privacy notice is available at privacy policy.

INTELLECTUAL PROPERTY RIGHTS

The App may contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of us, our Affiliates and our licensors and assignors.

The App and its Content are protected by copyright, trademark, patent, trade secret and other laws and we own and retain all rights in the Content and the App. We hereby grant you a limited, revocable, non-sublicensable, non-transferable right to access the App and view the Content. Nothing in these Terms grants you any legal rights in the App other than is necessary to enable you to access the App and its Content.

Except as provided in this Agreement or as explicitly allowed in any additional Terms on any of our applicable services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the App.

Except as explicitly and expressly permitted by us, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away.

You may not, either directly or through the use of any device, software, internet App, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained on the App or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms.

Except as necessary in order to make reference to Loop in a purely descriptive capacity, you are expressly prohibited from using any Content in any manner. You may not, without our written permission, “mirror” any Content contained on the App.

WAIVER OF COMPENSATION

You agree to fully indemnify us and our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, agents and customers that display their marks in conjunction with us, in respect of any damage or loss suffered by you, including legal costs and attorneys' fees, which arise from your misconduct or any violation of these Terms on your part.

You agree to refrain from taking any action or issuing any claim against us and our Affiliates, directors, shareholders, employees, or agents with respect to our use of the App or any action undertaken by us in which we have removed any information or content, or taken any other action during the investigation of a suspected violation.

WARRANTY AND LIMITATION OF LIABILITY

The App is provided “as is” and without warranty or condition. We do not guarantee, represent or warrant that your access to the App will be uninterrupted, error-free or operable at all times or during any down time (a) caused by outages to any public internet backbones, networks or servers; (b) caused by any failures of your application, equipment, systems or local access services; (c) for previously scheduled maintenance; or (d) relating to events beyond our control including but not limited to strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in internet services to an area where our or your servers are located.

In no event shall we, our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, officers or agents, be liable for any damages whatsoever, including, but not limited to any incidental, consequential, special, exemplary or other damages directly or indirectly arising out of: (a) the use of or unavailability of the App; (b) any action taken in reliance on, or response to, any content published on the App; (c) any claim attributable to errors, omissions or any inaccuracy in the content; or (d) any other matter in connection with the App, however caused, even if we have been advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Loop and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

HYPERLINKS AND THIRD-PARTY APPS

We may enable access to our other services, sites and apps as well as third-party services, sites and apps. You access these at your own discretion and risk. We are not liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such services, sites or apps.

The display of any hyperlink and reference to any third-party services, site or app does not mean that we endorse that third party’s app, site, products, or services.

Your use of a third-party app may be governed by the terms and conditions of that third-party app. We strongly advise you to read the terms and conditions and privacy policies of any third-party apps, sites or services that you visit.

CUSTOMER SUPPORT

For customer support, to report a problem or to send us your feedback, please visit the “Contact Us” option on the App.

MODIFICATIONS TO THE TERMS

We reserve the right to make changes to these Terms from time to time. Our updated Terms will be displayed on our App and by continuing to access or use the App following the changes, you agree to be bound by any changes made by us. Please check frequently to see if we have updated them.

NO WAIVER

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

DISPUTE RESOLUTION

Any dispute or claim relating to or in connection with the execution or enforcement of these Terms or use of the App, including without limitation, any dispute regarding the validity, interpretation, enforceability or breach of which, will be exclusively and finally resolved by the competent judicial authorities established in the jurisdiction in which you were using the App when the dispute arose.