1.1. The Terms & Conditions apply to the relations between any person using the Platform, in particular, the User, and GAMIVO.com arising from and related to the use of the Platform.
2.1. The capitalized terms and expressions used in this Terms & Conditions mean:
a) GAMIVO or GAMIVO.com – the company Gamivo.com Limited registered under laws of Malta, bearing Company Registration No. C 90983 and having its registered office at 99 Dingli Street, SLM 1905 Sliema, Malta, email address: [email protected];
b) Platform – a group of affiliated websites made available on the Internet from the address: www.gamivo.com;
c) Product - items, goods, and/or services in digital form, which can be downloaded by the User to his electronic device and which are not stored on any data carrier;
d) User – any person, who has registered on the Platform;
e) Terms & Conditions – these terms and conditions, including attachments thereto
2.2. Any references in the Terms & Conditions to the singular include the plural and to plural include singular. References to one gender include all genders.
3.1. In order to use the Platform, the User agrees to and accepts the Terms & Conditions as a whole and without reservations.
3.2. The User confirms that under the domestic laws of his country of residence he is able to conclude legally binding agreements. The User agrees that he is not prohibited from using the Platform and services offered on the Platform due to the domestic regulations or other restrictions.
3.3. The User acknowledges and agrees that GAMIVO has the right to make changes and modifications to the Terms & Conditions. The change or modification to the Terms & Conditions will not affect the rights acquired by the Users before that change or modification on the basis of the existing Terms & Conditions. Information about the change and modification of the Terms & Conditions will be provided to Users by email in accordance with the contact details provided by the Users in the course of the registration with the Platform, as well as will be published on the Platform. The amended Terms & Conditions will be published on the Platform and become binding for User fourteen days after the information about the changes of Terms & Conditions is delivered to the User. For new Users, the version published on the Platform at the moment of their registration applies immediately. The User who does not agree with the amended Terms & Conditions should resign from using the Platform.
3.4. The User may conclude with GAMIVO, through the Internet or otherwise, separate agreements related to certain rights and obligations between the User and GAMIVO. In the case of any conflict or discrepancies between the Terms & Conditions and such additional agreements, the additional agreements prevail over the Terms & Conditions unless explicitly stated otherwise in the additional agreements. In the case of discrepancies between the Terms & Conditions and the General Sale Conditions, the General Sale Conditions prevail.
4.1. Any person who wishes to benefit from the functionalities offered by the Platform is obliged to register and set up a personal account on the Platform. In order to complete the registration procedure, they should fill out the registration form available on the Platform.
4.2. The technical requirements for the use of the Platform include possessing a device with access to the Internet and software to view websites such as an up-to-date version of web browser.
4.3. In the registration form, the User is obliged to provide his email address, name, and surname. In the case of a User who is an entrepreneur, the User is obliged to additionally provide the address of their business premises as well as their tax identification number (including VAT and VAT-UE number).
4.4. Once the registration process is completed, GAMIVO will assign to the User a personal ID and password. The password can be subsequently changed by the User.
4.5. The User is obliged to ensure that all information provided in the registration form is updated and valid, in particular, that the email address which is used for the purpose of operating the account is valid.
4.6. The User acknowledges and agrees that GAMIVO processes the personal data of the User indicated by the User during the registration process for the purposes of rendering of the services on the Platform and enabling proper functioning of the Platform functionalities for the User.
4.7. Each User may hold only one account on the Platform unless GAMIVO gives a permission to a given User to hold more than one account.
4.8. The User will be granted access to the functionalities of the Platform after entering the ID and password on the login page.
4.9. The User is aware that the functionalities available on the Platform may differ depending on the country or region, thus certain functionalities may not be available for all Users. The User acknowledges that the access to certain functionalities may be restricted for selected Users.
4.10. The User is aware that the ID and password are personal and unique. The User is obliged to keep the ID and password secret and is not authorized to share them. Sharing of the ID or password with third parties or giving access thereto to parties other than the User may cause irreversible damage to GAMIVO or Users. The User is obliged to protect GAMIVO and other Users against losses and damage caused by the use of their account by third parties.
4.11. The user is not allowed to use the Platform to promote any illegal activity or add content that is illegal, in violation of applicable law, obscene, or inappropriate in any other way.
4.12. The Users assume responsibility for actions and outcomes of actions of parties, whom they provided with the access to the account, in particular for the actions undertaken on the Platform.
4.13. In the case of any violation of these Terms and Conditions and the law in force by the User, GAMIVO reserves its right and possibility to block the User’s account.
4.14. Due to technical problems, maintenance, or introduction of other changes to the Platform GAMIVO has the right to temporarily suspend the access to all or certain functionalities available on the Platform or to the entire Platform. GAMIVO will take all reasonable efforts to restore such access as soon as possible. For Users who act as consumers, the access to the functionalities of the Platform may be suspended in the cases prescribed by applicable laws.
4.15. GAMIVO is entitled to verify the data of the User provided in the registration form or during the purchase process by requesting from the User to present proper, valid documents confirming said information, including but not limited to a scan of an identification document or excerpts from trade registers. The requested documents should be provided within 10 business days from the day Gamivo sends the request. GAMIVO will use the documents solely for the purpose of verification of the User compliance with the applicable anti-money laundering regulations and assessment of his tax status. Failure to provide these documents may constitute the reason to refuse registration on the Platform or removal of the account.
4.16. During the purchase process, the Buyer is obliged to indicate her/his place of residence. The Buyer confirms that she/he is aware that GAMIVO is in possession of tools to detect the localization of Buyer’s network device (and the connection) as regards the country of origin from which the purchase is made and agrees that GAMIVO may undertake a verification process. In the case of discrepancies between the place of residence indicated by the Buyer and the results of verification made by GAMIVO GAMIVO has the right to block the account of the Buyer. GAMIVO will use the documents solely for the purpose of verification of the User compliance with the applicable anti-money laundering regulations and assessment of his tax status. Failure to provide these documents may constitute the reason to refuse the completion of the purchase process on the Platform or removal of the account.
5.1. Joining GAMIVO, using the Platform and opening of a User’s account is free of charge for the Users with reservation of point 7.4 below.
5.2. All prices indicated in the offers on the Platform are gross prices that include applicable tax.
5.3. Use of selected payment channels may involve payment of commissions or other fees to the payment service providers. The commissions or other fees may vary depending on the payment services provider used to execute the payment. A number of such commissions or other fees to be charged are indicated on the payment selection page.
5.4. The User may make payments through the payment channels available on the Platform. All the payment channels are described on the Platform.
5.5. Payments can be refunded up to 60 days after the transaction date.
5.6. Pre-orders can be canceled at any time up to 3 days before the release date as long as the product, or any bonuses associated with it, have not been delivered. Refund for pre-orders requested after that time may be denied.
5.7. GAMIVO may temporarily suspend the fees for promotional purposes (e.g. free bidding days) or for the development of new services. Such changes become effective once a temporary promotional period or a new service is announced on the Platform.
5.8. All charges and commissions are denominated in EUR otherwise changes will be communicated. The amounts of charges and commissions are VAT exclusive and may be increased by the amount of VAT according to the provisions of applicable law.
5.9. The User is obliged to pay all such fees and taxes relating to his use of the services available on the Platform on time. If a certain payment method fails or an invoice is overdue, GAMIVO reserves its right to demand payment by way of another method of payment including all possible additional costs of such method.
5.10. Any User who requests to make a payment through one of the payment channels available on the Platform acknowledges and agrees that the payment would be made through the websites of the payment services providers and that he will duly read and accept the terms and conditions available on such websites before making a payment.
5.11. In the case of problems related to the payments made through websites of the payment services providers, the User should contact the payment services provider.
5.12. The User confirms and asserts that the funds used to pay for any products and services offered on the Platform come from lawful sources.
6.1. Under the Customer Protection Program for an increased price for the Product (on conditions set forth in point 8.2) the Buyer is entitled to receive:
a) the replacement product in the case the purchased Product had any defects or was different from the description;
b) in the case a replacement cannot be granted, refund of the sale price;
6.2. Customer Protection Program is available for an individual Product and the price of participating in the Program is indicated for each product on the product payment page. The Buyer may opt-in to participate in the Program by checking the box on the product payment page.
6.3. In order to receive the replacement Product or price refund, the Buyer should contact GAMIVO via the Support section of the Platform.
6.4. GAMIVO will take all reasonable efforts to process a complaint under the Customer Protection Program as soon as possible. In any event, GAMIVO will provide the Buyer, who acts as a consumer, with a response to the complaint within 14 days from the day GAMIVO receives the consumer’s complaint. The funds will be refunded within 7 days from the positive verification of the complaint.
6.5. The Buyer who violated the Terms & Conditions, or has engaged in fraud or abuse of the Customer Protection Program will not be entitled to receive any benefits under the Program. With respect to the Buyers who engaged in fraud or abuse of the Customer Protection Program, GAMIVO has the right to reverse any refund already paid out to such a Buyer.
6.6. Refund of the sale price under the Customer Protection Program will be made in the form of a transfer of funds to the Balance of the Buyer available on his User account or to the original method of payment. The Balance will amount to the net sale price paid by the Buyer. The Balance may be used to purchase Products on the Platform. The Balance cannot be paid out, transferred to a bank account of the User or redeemed for any other currency.
6.7. The Customer Protection Program is fully available and effective for the Buyer at the moment of the purchase of Products.
6.8. The Buyer from the European Union, who acts as a consumer, shall bear justified costs incurred by GAMIVO if the Buyer withdraws from Customer Protection Program before the end of the withdrawal period and after giving express consent to begin the performance of the Customer Protection Program before the end of the withdrawal period.
6.9. The Buyer has the possibility of having recourse to an out-of-court complaint and redress mechanism, in particular the Buyer is entitled to make use of the redress mechanism offered on the platform operated by the European Commission which can be accessed through this link: http://ec.europa.eu/consumers/odr/ which was introduced on the basis of the Regulation No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
6.10. Nothing in this section 8 excludes or limits the application of the statutory protection measures which are applicable in relations with the consumers.
7.1. The User acknowledges and accepts that it is strictly forbidden to, and asserts that he will refrain from:
a) using the Platform for purposes other than the use of services offered by GAMIVO on the Platform, specified in the Terms & Conditions;
b) using the Platform for purposes not permitted by domestic or international law or aimed at the violation of such laws or third party rights, including intellectual property rights, copyrights, personality rights, or rights relating to personal data protection;
c) publishing false or misleading information, which may be detrimental to or may expose GAMIVO, any User or third parties to any harm or damages;
d) impersonating another person or entity, whether existing or fictional or falsely maintaining to be related to any other person or entity, which may be caused or may expose GAMIVO, any User or third parties to any harm or damages;
e) circumventing or disabling the Platform’s security;
f) defaming, offending, or deceiving other Users of the Platform;
g) breaking the Platform’s source code or any parts thereof, manipulating it in any way, or modifying, adapting, translating the Platform or any parts thereof, or creating any derivative works on its basis;
h) disturbing the Platform’s activity or disturbing other Users in using the Platform, in particular by uploading and circulating viruses or any other detrimental software such as adware, spyware, etc;
i) discovering access passwords of other Users or breaking into the accounts of other Users, including any attempts thereto;
j) making payments with the use of funds from unlawful or undisclosed sources, in particular coming from other people or stolen credit/debit/prepaid cards;
k) using the Platform for money laundering purposes or any related fraudulent or criminal activities.
7.2. Any person whose rights were violated by any content published on the Platform is obliged to notify GAMIVO of the violation at the following email address: [email protected], customer service phone number: +356 99 543 688 or preferably through the Support section of the Platform The notifications should indicate:
a) the right violated and the confirmation of the title to such rights;
b) the data, and the location of the data on the Platform, or the website which constituted or caused the violation,
c) the evidence, including documents, proving the legal title to the data and the right to take the actions in order to protect such right,
d) statement that the User has no right to such data;
e) personal data of the person filing the notification whose rights were violated, including name, surname, residential address, email address, and in the case of legal persons - business name and the address of the registered seat, which will be processed by GAMIVO according to the Terms & Conditions.
7.3. Upon receipt of a credible notification, GAMIVO will immediately remove the data from the Platform and inform the User who is responsible for making available of this data on the Platform that a notification has been filed.
7.4. The User may reply to the notification by presenting the evidence which proves his rights to make available the data indicated in the notification, such as license or ownership rights to the game.
7.5. The data will be indefinitely deleted from the Platform in the case:
a) it is not possible to determine the User who made available the data on the Platform,
b) the User does not respond to the notification within fourteen days from the date when the information about such notification was sent to the user by GAMIVO,
c) the User presents no evidence that he is entitled to make available the data,
d) the User fails to conclude an agreement with the person filing the notifications, which will allow for further publication or use of the data by the User on the Platform,
e) notification is submitted by competent authorities,
f) GAMIVO receives credible information that the data available on the Platform is illegal or unlawful, even if no notification was filed.
8.1. GAMIVO owns all intellectual property rights to and in the Platform, and in the materials published on it, except for the texts, photography, software or other materials uploaded, transmitted, made available or published by the Users. The intellectual property rights of GAMIVO are protected by copyright laws around the world. All such rights are reserved.
8.2. Within the scope permitted by applicable law, by adding any content to the Platform, the User grants GAMIVO a non-exclusive, worldwide, permanent, irrevocable and free license to use the content uploaded to the Platform. The license includes the rights to use the content for any and all purposes and in particular reproduction with use of all techniques, including digital, distribution of copies and dissemination in all channels (in particular Internet and Platform itself), replication, modification, translation, making available the work to the public in such a manner that anyone could access it at a place and time selected thereby, creation, use and disposal of works derived from the user content, any other actions related to daily operation and promotion of the Platform. By uploading any content, the User confirms that it is entitled to grant such a license (i.e. covering exploitation of any and all IP rights related to copyrightable works, databases, images of natural persons and any other objects of applicable IP laws). The license is granted for an unspecified period of time; the notice of termination may be submitted by the User the earliest along with termination of the User status with one-year notice period (effective as of the end of the calendar year). Along with the license, the User grants GAMIVO a right to modify content uploaded to the Platform, to use and dispose of derivative works to the content uploaded to the Platform and to exercise derivative copyrights applicable thereto vis-à-vis third persons – all on the fields of exploitation listed above in this section 11.2.
8.3. Unauthorized use, copying, modification or publication of any content or materials available on the Platform without obtaining a license to do so from GAMIVO is strictly forbidden.
8.4. GAMIVO is a data controller User’s personal data. Your personal data will be processed by GAMIVO for the purposes specified in these Terms and Conditions, in particular in point 6.1, for the purposes of settlement of complaints and marketing of products and services of GAMIVO. Processing of your personal data for the above purposes is lawful as it is necessary for performance of contract concluded with the User (article 6.1 (b) of the GDPR) and for the purposes of legitimate interests pursued by GAMIVO i.e.(article 6.1 (f) of the GDPR) i.e. marketing of own products and services of data controller. GAMIVO uses appropriate and suitable safeguards required by provisions on personal data protection such as Standard Contractual Clauses when transferring personal data outside the EEA. The personal data will be stored for the period of 6 years from the date of their last modification. The User has the right to request from GAMIVO access to and rectification or erasure of his/her personal data or restriction of processing or to object to processing as well as the right to data portability. The User has also the right to lodge a complaint with a supervisory authority. Collection of User’s personal data is entirely voluntary, however if the User does not provide GAMIVO his personal data GAMIVO will not be able to perform contract with the User and to process personal data for the purposes mentioned above. In case of any questions or inquiries concerning your personal data please contact: [email protected] GAMIVO may use User personal data, including information about User’s purchases, chosen products, amounts spent and frequency of purchases to analyze User’s preferences, interests and behavior and to make User’s profile. For example, GAMIVO may predict User’s personal preferences and interest concerning User’s purchases based on the above information. If User consented to receive marketing electronic communication, User may receive targeted marketing communication created automatically in our databases on the basis of his/her profile. In such communication GAMIVO may suggest offers that may be of User interest, based on User profile. GAMIVO’s aim is to provide updates on offers or products User may like. GAMIVO will not subject User to a decision based solely on automated processing that produces legal effects concerning User or similarly significantly affects User. [email protected], customer service phone number: +356 99 543 688.
8.5. GAMIVO uses Google Analytics and Google Remarketing web analytics services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics and Google Remarketing use “cookies” – text files which are stored on User device and allow GAMIVO to analyze use of GAMIVO websites. The information generated by the cookie through the use of websites is generally transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, however, IP address will be truncated in advance within the member states of the European Economic Area. Only in exceptional circumstances will the full IP address be transmitted to a Google server in the USA and truncated there. The IP address transmitted from browser in the context of Google Analytics will not be conflated with other Google data. Google will use the information to evaluate use of GAMIVO websites, to prepare reports about websites activities for website operators, and to provide other services related to websites activity and Internet usage. GAMIVO legitimate interest in data processing is also for these purposes. The legal basis for the use of Google Analytics is article 6.1 (f) of the GDPR. The data sent by GAMIVO and connected to cookies, User information (such as user ID), and promotional IDs are deleted after months after the last use of website. Data whose storage period has expired is automatically deleted once a month. The User can prevent the installation of cookies by setting browser software accordingly; however, if User does this, User may not be able to use the full functionality of websites. The User can opt-out of the collection of data for the future at any time by using the Google Analytics Opt-out Browser Add-on at: https://tools.google.com/dlpage/gaoptout?hl=en GAMIVO websites use the functions of Google Analytics Remarketing in connection with the cross-device functions of Google AdWords and Google DoubleClick. This function enables the target groups created with Google Analytics Remarketing to be linked with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-related, personalized advertising messages that were adapted to User depending on User’s previous usage and surfing behavior on one device (e.g. mobile phone) can also be displayed on another of User devices (e.g. tablet or PC). User can permanently object to cross-device remarketing/targeting by disabling personalized advertising in by following this link: https://www.google.com/settings/ads/onweb/. More information on the terms and conditions of use and data protection can be found at https://www.google.com/analytics/terms/us.html andhttps://policies.google.com/?hl=en
9.1. With regard to the Users, who do not act as consumers, GAMIVO is not responsible with respect to any damages resulting from:
a) the use of the Platform, accessing it or the inability to use the Platform by a User due to force majeure or any other reasons beyond GAMIVO control, including the damages caused by the viruses which may be transferred to the Platform or through the Platform by third parties;
a) violation by the User of these Terms & Conditions, including submission of false data or submission of false or untrue statements or providing access to private data or information to the third party;
b) any harm, damage, claims, compensation, nonpecuniary damages in relation to claims of one User against another User;
9.2. GAMIVO is not responsible with respect to any damages resulting from the accounting and tax settlements of the Users as well as the compliance of their tax returns, ledgers and accounting books with the applicable laws.
9.3. Using malicious software (scripts, bots, hacks) for the purpose of gaining an unlawful advantage over the competition or to abuse any of the promotions or deals available on the Platform is prohibited. Any accounts and Users associated with such actions will be held responsible. This may result in the account(s) being terminated and any due money withheld from being returned and/or paid to the User(s).
10.1. Any complaints related to the services rendered by GAMIVO, in particular with the functioning of the Platform and Customer Protection Program, should be sent by email to the following email address: [email protected], customer service phone number: +356 99 543 688. The complaint should be resolved within fourteen days from the date of delivery of the complaint to GAMIVO.
10.2. Any complaint should include a detailed description of the problem, any evidence which may serve to prove the problem and the suggested solution satisfactory for the User.
11.1. The agreement between the User and GAMIVO for the provision of services specified in point 6.1 is concluded for an indefinite period of time.
11.2. The User and GAMIVO have the right to terminate the agreement.
11.3. GAMIVO may terminate the agreement without a cause by deleting User’s account or blocking User’s access to the Platform upon a fourteen days’ written notice.
11.4. The User may terminate the agreement without a cause at any time by requesting GAMIVO to delete the User’s account on the Platform. GAMIVO is obliged to issue a written confirmation of receipt of the request and delete the account within 7 days from receipt thereof. After such period the agreement is terminated.
11.5. In the case of gross violations of the Terms & Conditions, GAMIVO has the right to terminate the agreement with immediate effect.
11.6. Any communication with the Platform administration shall be made by email to the address: [email protected], customer service phone number: +356 99 543 688.
11.7. Without prejudice to the provision of law applicable in relations with the consumers, the Terms & Conditions and any other documents related to the functioning of the Platform and services rendered through the Platform are governed by and should be interpreted in accordance with laws of Malta.
11.8. If any provision of the Terms & Condition proves to be invalid or ineffective, it will not affect the validity of the remaining provisions. Invalid or ineffective provision will be replaced by such valid provision which reflects the economic value, the intention of the parties and objective of the invalid or ineffective provisions to the highest extent. The pertinent clause does not apply to the Users who act as consumers.
12.1. The user can be rewarded for referring GAMIVO.com to other users by being offered 8% commission from the purchase of the referred person.
12.2. Payment for the sale of a product will be approved to your balance after 7 days from the date of the transaction.
12.3. Minimum commission amount for withdrawal is 50 EUR and maximum: 1000 EUR. Payments shall be transferred via PayPal. Transaction fees shall be covered by the affiliate.
12.4. The referred user has to make a transaction within 24 hours after clicking the referral link. After that period the user should renew the process by using the link again.
12.5. GAMIVO reserves the right to decline user’s activity and canceled all funds gathered if the activity is found suspicious or forbidden practices are applied.
12.6. Forbidden practices:
12.6.1 Using "GAMIVO" trademark name as a keyword in PPC campaigns.
12.6.2 Using the GAMIVO affiliate program simultaneously with other affiliate programs that include rewards for referring users.
12.6.3 Using illegal, malicious or unethical practices to advertise GAMIVO. Pop-ups, misleading users, iframes etc.
12.6.4 Using several accounts
12.6.5 Using affiliate program for several purchases from one account in order to decrease the product price.
12.6.6 Using discount coupon websites for distributing affiliate links without prior agreement with GAMIVO.
12.7. GAMIVO affiliate program is designed for individual users. Businesses should contact GAMIVO in regards to establishing an agreement before using the affiliate program. In specific Coupon Websites and Price Comparison Websites.
12.8. GAMIVO reserevs the right to exclude specific products and discount coupons from applying affiliate commission.
12.9. GAMIVO reserves the right to change the terms at any time.