Terms of Use for Promoters
SCOPE OF APPLICATION
1.1. These Terms of Use shall apply to the activities of a commercial third party ("Promoter") on the GamerTag Platform ("Platform") provided by Frientag LTD, SOHO St. Julians Punchbowl Centre, Elia Zammit Street, ST. JULIANS, STJ 3154, MALTA, RegNr: C 104278 ("GamerTag").
1.2. Promoter must comply with these Terms of Use. GamerTag objects to any deviating, conflicting, restrictive or supplementary terms – if not expressly mentioned in this document they shall not become part of the contract.
1.3. In order to start commercial activities, the Promoter has to register on the Platform with a respective account ("Business Profile").
1.4. The Promoter can access the current version of these Terms of Use for Promoters and other information relevant to the Platform through the “GamerTag” mobile application or the web address https://gamertag.app/legal/promoter-terms.
SCOPE
2.1. GamerTag operates a social media platform with focus on information about games and the exchange and networking of participants with similar interests ("user"). The aim of the Platform is to promote interaction amongst the users within the Platform as well as recommendations based on user interests ("Objective of the Platform"). After the registration, the Promoter can upload texts, images and other media as promotional materials/posts to the Platform and communicate with users via the chat-function. The information provided by the Promoter forms the "Campaign Content".
2.2. The Promoter must ensure that the Campaign Content provided is not unlawful, does not infringe the rights of third parties and is neither offensive nor inappropriate. In particular, the Promoter guarantees to own all necessary rights and licenses as well as to have obtained all consents to the Campaign Content for the respective use on the Platform. Further, Promoter guarantees to be entitled to all rights and licenses in order to grant GamerTag the corresponding rights in accordance with point 10.1. GamerTag is not responsible for the accuracy or compliance of the Campaign Content provided by the Promoter.
2.3. The Promoter must inform GamerTag immediately of any legal disputes, claims or measures taken by third parties in connection with the Campaign Content on the Platform in order to give GamerTag sufficient time to react appropriately.
2.4. If the Campaign Content provided by the Promoter violates these Terms of Use, associated conditions, statutory provisions or the rights of third parties, the Promoter shall bear sole responsibility for the resulting consequences and shall fully indemnify and hold GamerTag harmless against all claims and demands of third parties (including all legal expenses).
REGISTRATION AND USER ACCOUNT
3.1. Use of the Platform is only possible after registration. Registration is reserved exclusively for business entities and individuals acting in their business interests and do not fall under the protection of consumer laws.
3.2. By clicking on the corresponding checkbox during the registration process creating the business profile, the Promoter accepts these Terms of Use and the corresponding Joint Controller Agreement [Download Agreement Template]. In case of a legal entity, the responsible natural person warrants, that she/he has the necessary power of attorney to act on behalf of the business.
3.3. A binding agreement between the Promoter and GamerTag is only formed after confirmation of the registration. If no confirmation is sent to the Promoter via e-mail, these Terms of Use shall not enter into force and the Promoter has no right to use the Platform.
3.4. The Promoter is obliged to keep the registration information and access data confidential and protect it from unauthorised access by third parties. The Promoter must report any suspicion of unauthorised access by third parties or unauthorized personnel to GamerTag via email to support@gamertag.app. GamerTag shall not be liable for any damage caused by misuse, loss or disclosure of access data attributable to the Promoter.
3.5. All information about the Promoter provided during registration and subsequent use of the Business Profile must be correct. If the information changes, it must be corrected immediately by the Promoter in the Business Profile.
GENERAL COMMERCIAL CAMPAIGN CONTENT
4.1. The Promoter is obliged to check, if the Campaign Content is appropriate for minors prior to any postings. The Campaign Content must particularly comply with relevant child safety provisions.
4.2. If the Campaign Content should only be accessible to people older than 18 years, the Promoter must select the box "adults only" prior posting the Campaign Content. The post will be marked and will only be accessible to adult users.
4.3. Campaign Content is treated like any other regular user posting regarding visibility. Thus, only users following the Promoter or accessing its' Business Profile can see the posting.
PAID COMMERCIAL POSTS
5.1. Promoter can reach a larger coverage by using the paid promotion service.
5.2. The service can only be accessed by Business Account users.
5.3. Prior to the posting the Promoter must choose promotion goal, age range, territory, budget, reaction settings and duration.
5.4. Based on the selected criteria, GamerTag provides the Promoter with a non-binding, approximate number of potential coverage. This indicates the pricing for the paid commercial post ("Promotion").
5.5. The Promotion is set active after the payment has been completed and is confirmed by GamerTag.
5.6. The Promoter can manage all active Promotions via its Business Account. In the case of a termination prior to the selected time, the Promoter is not entitled to a pro rata refund.
5.7. GamerTag provides the Promoter with statistical information on the success of the promotion. GamerTag will not share any personal information about users accessing the Promotion. Promoter is not allowed to disclose this information to any third party without the explicit approval of GamerTag. Promoter is not permitted to reverse engineer any statistics to identify individual users.
PAID COMMERCIAL POSTS: RECOMMENDATION SYSTEM
6.1. Paid commercial posts will be displayed to the selected user group in alternating cycles.
6.2. If a user has consented to behavioral marketing, GamerTag matches the individual interests of the user with the Promotion by using algorithmic means. If a user has not provided consent or revokes a previous consent the Promotion will be displayed on a random basis only considering the selected age rage and territory.
6.3. GamerTag does not guarantee any particular success or reach of the Promotion. Every user can deactivate any further Promotion from the respective Promoter.
6.4. Promotions are highlighted as such:
REQUIREMENTS ON CAMPAIGN CONTENT
7.1. Campaign Content must be consistent with the advertised product or service. It is prohibited to mislead or otherwise create false expectations through the Campaign Content.
7.2. Campaign Content providing graphical information must be provided in high resolution and quality. Graphical information must be free of any third party watermarks, blurred or masked areas.
7.3. If the Campaign Content provides a link to the commercial website or commercial social media representation of a third platform ("Landing Page"), Promoter ensures that the Landing Page is fully functional, form fitting and operates correctly within the network of the targeted territory. In particular, the Landing Page must not:
a) automatically download files;
b) provide incomplete, misleading or decisive information;
c) require website users to download additional programs;
d) provide a paid or unpaid Hashtag Challenge (HTC);
RESTRICTIONS ON CAMPAIGN CONTENT
8.1. Campaign Content must not:
a) contain untrue or misleading statements and allegations or provide information against better knowledge;
b) make use of deceptive practices according to Art 25 Regulation (EU) 2022/2065 ("Digital Services Act") or similar provisions;
c) include content that is insulting, offensive, discriminatory, obscene, pornographic, violent or otherwise inappropriate;
d) endorse or oppose any political party, group, its' members or political believe or action;
e) endanger child safety, encourage an audience under the age of 18 to a direct purchase or to persuade their parents, undermine the authority or trust children place in parents, guardians, or other figures of authority and must not feature overly childish content;
f) support illegal activities or unlawful acts;
g) support any gambling activity, sport betting or game of luck or chance. This excludes prize competitions of the Promoter itself, if they are free of charge and comply with local laws;
h) support smoking or the consumption of alcohol, nicotine or any other controlled substance or drug;
i) support sexual services or products, eg hostess clubs, strip clubs, escort services, prostitution, erotic webcam services and massages or sex toys;
j) endorse the purchase or sale of police or military gear, which is not clearly designed also for civil use;
k) endorse the purchase or sale of weapons, items in the shape of weapons, ammunition and other dangerous objects which are not clearly designed for the use as a utility tool or a child toy, eg scissors, kitchen knives, box cutters, water guns. Sharp objects must only be advertised to an audience of the age of 18 or above;
l) contain special categories of personal data according to Art 9 (1) of the Regulation (EU) 2016/179 ("GDPR"), if the data was not disclosed by the data subject according to Art 9 (2) (e) GDPR;
m) contain any form of link which is based on a graphical representation like a QR-code;
8.2. Advertisement for certain products and services require the prior approval of GamerTag and must only be provided to an audience over the age of 18, while ensuring compliance with applicable laws.
8.3. Approval can be requested via e-mail with details on the planned Campaign Content and the respective service or product to support@gamertag.app.
8.4. Clause 8.2 applies to the following products and services:
a) Dating apps and Live Chat services;
b) Medical products or services;
c) Financial products or services;
CONSEQUENCES OF VIOLATIONS OF THESE TERMS
9.1. GamerTag reserves the right to block or delete Business Profiles at its own discretion or to issue a warning, in particular, if GamerTag has grounds to assume and/or facts that:
a) the Promoter or its Business Profile can impair the reputation of GamerTag or the ongoing operation of the Platform;
b) the Provider has provided false, misleading or unlawful information or Campaign Content in violation of Clauses 4 and 5;
c) the Promoter harms, threatens or otherwise interacts inappropriately with GamerTag or another Promoter or Platform user;
d) the Promoter is inactive for longer than one year;
e) the user violates these Terms of Use or applicable statutory provisions;
9.2. Furthermore, GamerTag is entitled to temporarily suspend the contractual relationship if unauthorised, illegal, non-contractual, punishable and/or abusive use of the Platform or the Business Profile occurs or is imminent.
9.3. GamerTag is committed to a secure digital environment and actively counteracts the distribution of illegal content. If Campaign Content violates contractual or statutory requirements – in particular the restrictions according to Clause 7 and 8. – GamerTag reserves the right to delete or block the corresponding Campaign Content. Before GamerTag deletes Campaign Content, it will carry out a comprehensive assessment, taking particularly into account the fundamental rights. When reviewing content, GamerTag make use of automated algorithms and human oversight.
COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS
10.1. By providing Campaign Content, the Promoter grants GamerTag the non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual and revocable right to use, store, reproduce, publish and distribute the content provided by the Promoter to the extent appropriate, in particular to display and reproduce the respective content on the Platform according to the Promotion Settings. The Promoter agrees that the Campaign Content, may be accessed by other Promoters and users of the Platform.
10.2. In the event that the Promoter deletes its Business Profile, Campaign Content or other details, Gamertag will delete these from the Platform within a reasonable period of time. However, due to the viral distribution of online content, any distribution to third parties remains unaffected – despite deletion from the Platform by GamerTag. This applies in particular, if the respective content has already been shared between users or third parties, as the use of the content by these third parties is outside the sphere of influence of GamerTag.
10.3. With the exception of the content provided by the Promoters and users, all elements of the Platform, e.g. texts, images, illustrations as well as the design and structure of the Platform and the contents of the database are protected by copyright, trademarks and other industrial property rights of GamerTag. These elements may not be reproduced, processed, transmitted, made available, presented, performed, modified, translated or otherwise used in an unauthorized manner by the Promoter without the consent of GamerTag.
LIABILITY
11.1. GamerTag is liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded.
11.2. The limitation of liability pursuant to 11.1 shall not apply to damages resulting from injury to life, limb or health of persons, claims according to product liability laws or damages due to violation of main contractual obligations of GamerTag.
AMENDMENT RIGHT AND RUNNING TIME
12.1. These Terms of Use apply from the time of the registration until the deletion of the Business Profile.
12.2. GamerTag reserves the right to change these Terms of Use at any time. GamerTag will inform the Promoter of any changes and will provide a new version of the Terms of Use. In addition, GamerTag will inform the Promoter about the change and the Promoters' right to terminate the contract via email at least one month before the proposed date of their entry into force.
a) The changes will take effect if the Promoter accepts them or does not object in writing within 14 days of the notification of change being sent. GamerTag will inform the Promoter of the right to object;
b) In the event of an objection, the old Terms of Use shall continue to apply unchanged unless GamerTag terminates the contractual relationship with the Promoter.
12.3. The agreement between the parties may be terminated in accordance with the following provisions:
a) Promoters can terminate the contract without any notice period by deleting the Business Profile. All commercial posts will be deleted as a consequence. In the case of active Promotion at the time of deletion, the Promoter is not entitled to a pro rata refund;
b) GamerTag is authorised to terminate the agreement with the Promoter with two weeks' notice to the Promoter via email, in paper form or on another durable medium. Within the two-week notice period no new paid promotions are permitted. The termination comes into effect with the end of the last active Promotion;
c) This shall not affect the right of the parties to terminate the agreement immediately for good cause, which makes it unreasonable to continue to adhere to the agreement. Termination for good cause shall be in the same form as termination with notice by the respective party;
d) GamerTag is entitled to terminate the contract for good cause in particular if the Promoter repeatedly violates these Terms of Use or provides Campaign Content in clear violation of Section 5;
FINAL PROVISIONS
13.1. These Terms of Use are subject to Austrian law, excluding the UN Convention on the International Sale of Goods.
13.2. The exclusive place of jurisdiction for all disputes arising from these Terms of Use shall be the court with local and subject-matter jurisdiction for 1010 Vienna.
Date: Dec 2024