Gama's Terms of Service

The Terms of Service (the "Terms") was written in English (US). These Terms are the legitimate agreement by and between you (people who visit and use our services) and Gama ("Gama" or "we"). To the extent any translated version of these Terms conflicts against the English version, this English version prevails. The agreement between you and us includes these Terms, the Privacy Policy and other separate rules displayed in Gama Services. If there is any conflict between the above-mentioned separate rules and these terms, the separate rules shall prevail.

Summary

Gama is a free social app provides you a platform to play games and chat with your friends anytime and anywhere. In this app, you can choose to invite your real-life friends into a game party, or play your favorite games with new friends around the world. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment, so you agree that you will only use Gama in a manner consistent with its purpose and which is in accordance with the Terms.

You should read these Terms in full because they apply every time you visit Gama, and they govern the relationship between the users who interact with Gama, as well as Gama brands, products and services (the "Gama Services" or "Services"). By using or accessing the Gama Services, you agree to these Terms. However, just in case you ever need a reminder of the main points, here's some quick basic Terms:

1. We're not responsible for any materials that you post or address while you are using Gama and we don't monitor the contents in your personal devices, but if we find or someone reports your inappropriate activities, we will, in our sole discretions, remove such materials and take restrictive measures on your account.
2. If you are concerned about how your data is being used by Gama then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Gama. By using Gama, you agree that we can use such data in accordance with our Privacy Policy.
3. You will not use Gama to do anything unlawful, misleading, malicious, or discriminatory.
4. Our Services are only available to users who are 18 years of age (the age of majority as determined by the laws of your location) or older. If you are under the age of majority, please do not use our Services.

These Terms apply whenever you use Gama, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Gama, you are accepting and agreeing to be bound by these Terms.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS THEN YOU MUST NOT ACCESS OR USE OUR SERVICES.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Gama to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

2. Account

We provide a fast login account for you, and there two ways to bind with this account and log into Gama, through third-party platform account (e.g. Facebook, Google, etc.) or your phone number. When you create your account, you should provide us with accurate and up-to-date information.

Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not transfer your account to anyone without first getting our written permission.
2. You will not provide any false personal information on Gama, or create an account for anyone other than yourself without permission.
3. If you fail to comply with any provision of these Terms, or if any actions under your account may cause harm to our Services, infringe upon the rights of any third party, or violate any applicable laws or regulations, we reserve the right to take restrictive measures such as banning or deleting your account. If, as a result of the aforementioned reasons, your account becomes unusable, or the services you have purchased become inaccessible, we bear no responsibility. You shall bear full responsibility for any damages caused to us or third parties due to your violations.
4. You must properly protect your account and not send your account information to others. You agree to be responsible for all actions taken under your account. If you find unauthorized using of your account, please contact us promptly.
5. You may choose to delete your account at any time by following the path within the Gama App or contacting us via the email address listed in these Terms. Before deleting your account, you must ensure that it meets the following conditions; otherwise, deletion will not be possible:
   1. There are no unresolved disputes, reports, or conflicts;
   2. There are no pending transactions;
   3. There are no situations prohibited by applicable laws and regulations for deletion;
   We reserve the right to decide whether your account can be deleted. If fails, we will inform you of the reason. Once your account is successfully deleted, all data associated with your account will be deleted and cannot be recovered, so please consider carefully before you decide to delete your account.

3. Content

You are able to upload/post/send all kinds of things on Gama, including photographs, messages and other content (the "Content"). You notice and agree that, to protect a good communication and usage environment for Gama users and to comply with relevant laws and regulations, you must not post the following content that:

1. contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
2. is obscene, pornographic or otherwise may offend human dignity;
3. is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
4. encourages any illegal activity including but not limited to, terrorism, judge or insult any country, political parties, political figures or political system, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
5. is defamatory;
6. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
7. involves the transmission of "junk" mail or "spam";
8. contains any spy ware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Gama or otherwise;
9. itself, or the posting of which, infringes any third party's rights (including but not limited to, intellectual property rights and privacy rights);
10. shows another person which was created or distributed without that person's consent;
11. violates these Terms, the provisions of relevant laws and regulations, and that Gama has reasonable grounds to believe is inappropriate.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content posted via Gama by you and other users or endorse any opinions expressed via the games on our Platform.

You yourself are responsible for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You should only provide Content that you are comfortable sharing with others under these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that your Content and the use of it will not infringe, misappropriate or violate a third party's intellectual property and other rights, or result in the violation of any applicable law or regulation.

4. Conduct

We respect other people's rights and do our best to maintain a secure environment in Gama, and expect you to do the same. You therefore agree not to engage in the conducts described below (or to facilitate or support others in doing so):

1. Illegal intrusion into the network, interference with the normal function of the network, theft of network data and other activities that endanger the security of the network, to help others to carry out such acts or provide special tools;
2. Reverse engineering of our Products, taking any action that may lead to the discovery of source code or circumvent measures to prevent or restrict access to any part of our Services;
3. Attempt to circumvent any content filtering techniques employed by us or attempt to access any feature or area of our Services that you are not authorized to access;
4. Attempt to interfere with or disrupt the normal operation of the system or website, intentionally spreading malicious programs or viruses and other acts of sabotage that interfere with normal network information services;
5. Maliciously register accounts, including but not limited to frequent and batch registration of accounts;
6. Engage in any harassment, threat, intimidation, predatory or stalking behaviour; and
7. Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
8. Any behavior that violates laws and regulations or infringes on our legitimate rights and interests or those of a third party.

In addition to the foregoing, your access to and use of the Services must at all times comply with these Terms and any other agreements you enter into with us (including Gama Community Guidelines).

You shall be solely responsible for your conduct. If we discover that you have posted any of the above offending Content or have committed any of the above violations, we reserve the right to investigate such violations and to impose penalties, including but not limited to, removing of the offending Content, temporary or permanent suspension of your account, and prohibition of your re-registration. If your conducts constitute a criminal offense, you agree that we reserve the right to refer the matter and your violation to, and cooperate with, any and all applicable legal authorities.

Gama pays close attention to the interests, feedback, comments and suggestions of our users. You can contact us via the online customer service in the Platform. We will do our best to help solve any problems you may encounter when using our services. If you choose to send us any ideas about products, services, features, modifications, enhancements, content, improvements, technologies, content offerings or other materials (collectively, "Feedback"), you acknowledge and agree that:

1. We are under no obligation to review, consider, or act upon your Feedback, or to return any Feedback to you, in whole or in part, for any reason whatsoever, and will not compensate you for your Feedback;
2. The Feedback you provide is non-confidential and we are under no obligation whatsoever to maintain the confidentiality of any Feedback you send or to refrain from using or disclosing the Feedback in any way.

5. Virtual Tokens

You undertake that you have the capacity to consume independently in accordance with the laws and regulations of your location.

1. Gama allows users to purchase virtual tokens ("Gama Tokens") that can be used to earn rewards in game rooms or to purchase gifts for friends. Gama Tokens can be purchased through online payments. If you choose to pay your bill through a third party payment service provider (such as the Apple Store or Google Play, etc.), we will not process any payments directly. Please note that you must comply with the terms and conditions of the third party payment service provider.
2. Your use of Gama Tokens is limited to lawful purposes within the scope of the Services and must always comply with all applicable laws. The Gama Tokens are not allowed to be traded, exchanged for cash, legal tender, currency of any country, region or any political entity or any other form of credit, or used for any form of investment. If your account is terminated by Gama for any violation of these Terms or applicable laws and regulations, any unused Tokens remaining in your account at the time of termination may be forfeited. You should be responsible for the use of the Gama Tokens in your account.
3. The exchange price of Gama Tokens, the categories and prices of virtual gifts, and also any rules of sale may be amended under our considerations about business operations, legal tender exchange rates and other factors at any time. The specific prices are subject to the actual results displayed on the relevant pages within the product. We do not assume any responsibility for any problems (e.g. price difference, change of gift categories, etc.) caused by the above adjustments. We recommend that you review our Terms and the purchasing rules of Gama Tokens before making any purchase.
4. When the amount of Gama Tokens you have purchased accumulates up to a certain number, we may provide you with certain VIP/SVIP privilege services, please refer to the content and rules disclosed on the relevant page in Gama app for details. You understand that we have the right to adjust the conditions for obtaining VIP/SVIP privileges and the specific content without prior notice to you, and we are not responsible for any loss caused by the adjustment of VIP/SVIP service contents and rules.
5. If the Gama Tokens have been successfully purchased and credited to your account, we do not support any refund unless it is needed to comply with applicable law.

6. Intellectual Property

1. The games and any services and/or content contained therein, as well as the Gama's proprietary assets and any and all intellectual property rights related thereto, including but not limited to the inventions, patents and patent applications, trademarks, trade names, copyrighted materials, graphics, sounds, animations, text, images, designs, specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, documentation, interfaces, trade secrets, whether or not registered or registrable (collectively, the "intellectual property rights"), are owned by and/or licensed to the Gama and are protected by applicable copyright and other intellectual property laws and international conventions. international conventions. All rights not expressly granted to you under these Terms are reserved by Gama and its licensors.
2. In order for you to use the Services properly, you should comply with these Terms and other regulations relating to intellectual property:
   1. Except as expressly permitted by us or our licensors, you cannot sell, resell, commercially use, copy, modify, reproduce, derivative use, distribute, publicly perform or publicly display Gama Contents, or remove any proprietary rights notices or markings from our Services.
   2. Unless you have an explicit permission from Gama in written form, you are not allowed to use any data mining, robots or similar data gathering or extraction methods to extract the source code, decompile or create other products related to the Services or its software.

7. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, consequential, punitive, incidental, special or exemplary damages, including but not limited to, lost profits arising out of your use of the Services, whether based on contract, tort, negligence, strict liability, warranty or otherwise. Except as otherwise expressly provided by law or regulation, our entire liability to you shall at all times be limited to the fees, if any, paid by you to us for the use of the Services during the previous 12 MONTHS.

8. Disclaimer of Warranty

1. Although we make every effort to ensure the continuity and security of our Services, our Services may be affected or interrupted by various factors. You understand and agree that, to the extent permitted by laws and regulations, we shall not be liable for any suspension, interruption, termination or any loss of Services caused by the following circumstances:
   1. due to force majeure and other factors, including but not limited to government action, natural disasters, war, strikes, riots, epidemics, etc;
   2. due to factors beyond our control, such as power outages, communication network failures, hacker attacks, malicious program attacks, viruses, third party service defects, etc.; and/or
   3. due to your personal reasons (e.g. devices, network connection, etc.) for not being able to use the Services.
2. Our services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, we do not represent or warrant that the Services are accurate, complete, reliable, current, or error-free. You understand and agree that your access and use of our service and adoption of any Content on the Services is under your sole responsibility.
3. We are not responsible for any loss or damage caused by:
   1. any changes we make to the Services, or the permanent or temporary suspension of the availability of the Services or of some of the features on the Services;
   2. the deletion, corruption or loss of any Content that you upload, post or transmit through the Services;
   3. your failure to provide us with accurate account information; or
   4. any inaccurate content (including users' Content) obtained through the Services.
4. The fact that you may be presented with third-party services on our Services does not mean that we have scrutinized all third-party services. We have no control over third-party websites, and we do not provide any warranties with respect to such third-party services. If you choose to access third party services, you do so at your own risk, so please choose carefully after reading their terms of service.
5. Our Services are provided for private scenarios only. You agree not to use our Platform for any commercial or business purposes and we shall not be liable to you for any commercial and business losses.

9. Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Gama, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your Content or Feedback posted through or on our Platform; (ii) your use of and access to the Gama Services; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights, property rights, and privacy rights). This defense and indemnification obligation will survive even if you stop using our Services or after the termination of these Terms.

10. Termination

You may terminate our Terms with us at any time and for any reason, provided that you delete your account. Should you terminate the Terms, all of your data will be deleted and is not able to be recovered, unless Gama stores any information in accordance with our Privacy Policy and the applicable laws.

We may suspend or revoke your registration, and terminate your access to or use of the Services for any reason in our sole discretion without prior notice, including if we reasonably believe that you have violated our Terms or you have created a legal risk for us. We are not responsible for any loss or injury resulting from your inability to access or use the Services.

11. Governing Law and Dispute Resolution

These Terms and your access to and use of our Services will be governed by and construed in accordance with the laws of Hong Kong, without regard to the rules of conflict law. If any provisions of the Terms potentially become invalid due to conflict with applicable laws and regulations, these provisions shall be re-interpreted and reapplied in accordance with the principle of being as close as possible to the purpose of these Terms without violating the law. Invalidity of some provisions will not affect the complete validity and effect of other provisions in these Terms.

If we have any dispute with you relating to or arising from these Terms, we will first attempt to resolve it amicably with you. You agree to do the same for us.

In the event that we do not agree on such dispute, the parties agree that any dispute arising out of or in connection with these Terms, including any question relating to the existence, validity, interpretation or termination of these Terms, shall be submitted to and finally resolved by arbitration at the Hong Kong International Arbitration Center ("HKIAC") in accordance with the HKIAC Arbitration Rules then in force. The place of arbitration shall be Hong Kong. The language of the arbitration shall be English.

You understand and agree that you must initiate arbitration or litigation within one year from the date of the occurrence of the facts that arise a dispute arising out of or relating to these Terms. Otherwise, you forever waive your right to bring any claim of any kind or nature based on such facts, and such claim will be permanently barred.

12. Amendments

We may periodically amend these Terms to address Services updates, legal changes, and other factors. We will make commercially reasonable endeavours to notify all the users uniformly of any amendments to these Terms that may materially and substantially affect your rights, for example through notices or pop-ups on the Platform. We also recommend you regularly review these Terms to check for any changes. We will indicate the Last Update date at the top of these Terms and your continued use of our Services after the update date signifies your agreement to the updated Terms. If you do not agree with the amended version of our Terms, you may stop using our Services.

13. About us

You may use our Services by visiting our official website or downloading and installing our applications from our authorized application marketplaces (such as Apple App Store and Google Play, you may check our official website for detail). We cannot guarantee the authenticity and security of versions obtained from unofficial sources, and we are not responsible for any problems arising from the use of unofficial versions of our applications.

Here are some Social Media Network links below you may interest. Thank you for supporting us. If you have any questions, complaints or claims with respect to the Terms or Gama Services, they should be directed to Gama via [email protected]