Terms and Conditions

Last Modified: August 14, 2024


These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with GameServerApp (“us”, “we”, or “our”), and the services and features we make available through the GameServerApp platform, amongst others via https://www.gameserverapp.com and https://dash.gameserverapp.com website (the “Service”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or GameServerApp cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting GameServerApp customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide GameServerApp with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GameServerApp to charge all Subscription fees incurred through your account to any such payment instruments. GameServerApp cancels your Subscription with immediate effect if automatic billing fails for any reason.

Free Trial

GameServerApp may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by GameServerApp until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, GameServerApp reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

GameServerApp, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

GameServerApp will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by GameServerApp on a case-by-case basis and granted in sole discretion of GameServerApp.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the (royalty-free) right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also (royalty-free) use your Content subject to these Terms.

GameServerApp may always remove your Content without prior notification if GameServerApp believes the Content breaches these Terms, or otherwise harms GameServerApp, our users, any others or the Service.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on and your use of our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Age of Restriction

You represent and warrant you are at least 13 years of age and that you have the legal capacity to enter into this Agreement. If you are not at least 13 years of age, you terminate our use of our services immediately and may not use or access our services. Teenagers, ages 13 to 17 must have the permission of a parent or legal guardian to access and use our Service. You agree not to bypass any security and/or access features that we have installed. Permitting your teenager to use our Service as a parent or legal guardian, makes you also subject to these Terms and responsible for your child’s activity on our Service. Additionally, we do not assume any responsibility or liability for any misrepresentations regarding a user’s age.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been used in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” via [email protected] and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of GameServerApp and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GameServerApp.

If and when the Service requires or includes any downloadable software, we give you a personal, non-assignable and non-exclusive licence to use this software as part of the Service. This license automatically terminates when you stop using our Service. You are not allowed to copy, modify, publicly perform, publicly display, reproduce, sell or otherwise distribute any part of the software, or to reverse-engineer or attempt to extract the source code of that software without the prior written consent of GameServerApp.

If and when we offer (part of) our software under an open-source licence that supersedes some of these Terms, we will provide such open-source licence to you. Otherwise, these Terms remain applicable.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by GameServerApp.

GameServerApp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that GameServerApp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account or access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall GameServerApp, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Privacy

Our Privacy policy informs you of our policies regarding the collection, use and disclosure of personal information when you use our Service. You can find our privacy policy here: https://www.gameserverapp.com/legal/privacy-policy

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GameServerApp its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms and all non-contractual rights and obligations arising out or in connection with these Terms shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions. The competent courts of The Netherlands have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Service or these Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact us

If you have any questions about these Terms, please contact us.

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