Terms of Use
SCOPE OF APPLICATION
1.1. These Terms of Use shall apply to the use of 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. The Platform may only be used in accordance with these Terms of Use. Any deviating, conflicting, restrictive or supplementary terms of use shall therefore not become part of the contract.
1.3. In order to use the Platform, the user has to register on the Platform. As part of the registration process, the user confirms the accuracy of his/her data described under point 2.2. of these Terms of Use.
1.4. The user can access the current version of these Terms of Use and other information relevant to the Platform through the “GamerTag” mobile application or the web address https://gamertag.app/legal/terms-of-use.
SCOPE
2.1. GamerTag operates a social media platform with focus on information about games and the exchange and networking of users with similar interests. The aim of the Platform is interaction amongst the users within the Platform as well as recommendations based on user interests ("Objective of the Platform"). GamerTag makes the Platform available to the user free of charge. GamerTag may also offer certain products and services against a remuneration ("In-App Purchases"). For In-App Purchases, separately agreed conditions shall apply, which are communicated to user at the time of purchase.
2.2. During the registration process, profile setup and use of the Platform, users have to disclose certain information (e.g. email address, age, gender and region of signup) and have the option to upload, texts, images other information (e.g. game preferences) to the Platform. Furthermore, the users can connect with each other and communicate via the chat function. The information and content shared by the users forms the "User Content".
2.3. The respective user must ensure that the User Content provided by them is not unlawful, does not infringe the rights of third parties and is neither offensive nor inappropriate. In particular, the user warrants that he/she has the necessary rights and licenses to the User Content for use within the Platform and that he/she can grant GamerTag the corresponding rights in accordance with point 5.1. GamerTag is not responsible for the accuracy or legality of the User Content provided by the user.
2.4. The user must inform GamerTag immediately of any legal disputes, claims or measures taken by third parties in connection with the User Content in order to give GamerTag the opportunity to delete or block the respective content.
2.5. GamerTag has no obligation to review, monitor or edit User Content. If the User Content provided by the user violates these Terms of Use, statutory provisions or the rights of third parties, the user shall bear sole responsibility for the resulting consequences and shall fully indemnify and hold GamerTag harmless against all claims and demands of third parties.
REGISTRATION AND USER ACCOUNT
3.1. Use of the Platform is only possible after prior registration. Registration is reserved exclusively for users older than 14 years of age and with full legal capacity. In the course of registration, GamerTag creates an individual user account for the user, which can be updated by the user on an ongoing basis ("Account").
3.2. By clicking on the corresponding checkbox during the registration process, the user accepts these Terms of Use. The agreement for the use of the Platform is only formed after the confirmation is sent to the user's email address. If no written confirmation is sent to the user, the agreement on the use of the Platform shall not enter into force.
3.3. When registering, the user must provide certain information as described in point 2.3. about himself (e.g. name and e-mail address) and about his game-specific preferences. The latter includes, in particular, the user's favorite games and other game preferences. This information is required to create a meaningful profile on the Platform. If user does not provide detailed information, it may not be able to use all functionalities of the Platform. By registering on the Platform, the user agrees to the Objective of the Platform.
3.4. The user can view and change the information they have provided in their Account at any time via the Platform.
3.5. The user is obliged to keep the access data (e-mail address) chosen during registration secret and to protect it from unauthorised access by third parties. The user must report any suspicion of unauthorised access by third parties to GamerTag in writing (email to support@gamertag.app is sufficient). GamerTag shall not be liable for any damage caused by misuse, loss or disclosure of access data by the user or a third party attributable to the user.
3.6. All information provided during registration and subsequent use of the account must be correct. If the information provided by the user changes, it must be corrected immediately in the user's Account.
3.7. GamerTag cannot check the accuracy and completeness of the information provided by users during registration and when using the Account and is not responsible for this.
RESTRICTIONS ON USE
4.1. It is important to GamerTag that the Platform is used safely and in accordance with the applicable legal provisions. Therefore, the user is particularly, but not exclusively, prohibited from using the Platform to ("Usage Restrictions"):
a) make untrue statements and assertions or provide information against better knowledge;
b) provide content that is insulting, offensive, discriminatory, obscene, pornographic, violent or otherwise inappropriate;
c) promote or support illegal activities or unlawful acts;
d) violate the rights (including personal rights, data protection rights and intellectual property rights) of others or upload content that could result in civil or criminal penalties under applicable law or otherwise conflict with these Terms of Use;
e)decompile, disassemble, reverse engineer, copy, transfer or otherwise exploit the Platform and content, except as permitted by copyright law;
f) automatically crawl, scrape, chache or otherwise analyse content on the Platform;
g) unauthorised advertising, junk messages, spam, chain letters or pyramid schemes;
h) use the Platform in a way that (i) is likely to interfere with, disrupt, slow down or hinder the functionality of the Platform, (ii) could result in a disruption of the Platform or the IT infrastructure, (iii) impairs system resources, (iv) places an unreasonable burden on the Platform's infrastructure, or (v) constitutes an attack on the security and authentication measures of the Platform or GamerTag's IT infrastructure;
i) use the Platform for purposes other than those for which it was developed and made available to the user.
4.2. The user is prohibited from misusing the service in any way.
4.3. The user may use the service for his personal - not commercial - purposes.
4.4. The user shall indemnify and hold GamerTag harmless from and against any claims, damages, liabilities, costs, losses and expenses arising from (i) culpable breach of these Terms of Use, (ii) culpable infringement of third-party rights by the user and/or (iii) culpable damage caused by User Content.
4.5. GamerTag reserves the right to block or delete Accounts at its own discretion, to warn other users or to issue a warning to the respective user, in particular if it can be assumed that:
a) the user or the account to be blocked can impair the reputation of GamerTag or the ongoing operation of the Platform;
b) the user has provided false, misleading or unlawful information or User Content;
c) the user harms or disrupts GamerTag or other users;
d) if the user no longer uses the Platform for one year or longer;
e) the user violates these Terms of Use or the applicable statutory provisions.
4.6. Furthermore, GamerTag is entitled to temporarily suspend the contractual relationship if unauthorised, illegal, non-contractual, punishable and/or abusive use of the Platform occurs or is imminent.
4.7. GamerTag is committed to a secure digital environment and actively counteracts the distribution of illegal content. If User Content violates Usage Restrictions – in particular the restrictions in accordance with clause 4.1. – GamerTag reserves the right to delete or block the corresponding User Content. In this regard, GamerTag will not actively monitor the content on the Platform but will only intervene when information about User Content that violates these provisions is received. Before GamerTag deletes User Content, it will carry out a comprehensive assessment, taking into account the fundamental rights, in particular the users' freedom of art and freedom of speech. When reviewing illegal content, GamerTag uses an automated algorithm. The final decision on the deletion or blocking of user content is in any case subject to human review.
4.8. If a user encounters illegal content when using the Platform, they can report this content directly to GamerTag, for example via the "Report" button on the Platform. GamerTag will carefully check the reported content and delete or block it if necessary.
COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS
5.1. By providing information and User Content, the user 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 user to the extent appropriate, in particular to display and reproduce the respective content on the Platform. The user agrees that the User Content, may be accessed by other users or persons participating on the Platform.
5.2. In the event that the user deletes his/her Account, User 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 with other users or third parties, as the use of the content by these third parties is outside the sphere of influence of GamerTag.
5.3. With the exception of the content provided by the user, 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. These elements may not be reproduced, processed, transmitted, made available, presented, performed, modified, translated or otherwise used in an unauthorised manner by the user without the consent of GamerTag.
LIABILITY
6.1. GamerTag is liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded.
6.2. The limitation of liability pursuant to 7.1 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
7.1. These Terms of Use apply for the duration of registration.
7.2. GamerTag reserves the right to change these Terms of Use at any time. Changes to the Terms of Use for digital content or a digital service may only be made for a valid reason, such as a new technical environment (e.g. a change in operating system), an increase in the number of users or important operational reasons. GamerTag will inform the user of any changes and his/her right to terminate the contract the next time the user accesses the Platform and will provide the user with the new version of the Terms of Use. In addition, GamerTag will inform the user of the change and his/her right to terminate the contract in text form by email or letter at least two months before the proposed date of their entry into force.
1. The changes will take effect if the user accepts them or does not object in writing within 14 days of the notification of change being sent. GamerTag will inform the user of the right to object [and the consequences of remaining silent in the notification of a change].
2. [Silence shall only be deemed as acceptance of the offer of change (fiction of consent) if the offer of change is made in order to restore the conformity of the contractual provisions with a changed legal situation because a provision of these Terms of Use no longer corresponds to the legal situation due to a change in the law, including directly applicable European Union legislation, or becomes ineffective or may no longer be used due to a legally binding court decision, including by a court of first instance, or due to a binding order of a national or international authority responsible for GamerTag and the user has not rejected the amendment offer before the proposed date of entry into force of the amendments. GamerTag shall inform the customer of the consequences of his/her silence in the offer of change.]
3. In the event of an objection, the old Terms of Use shall continue to apply unchanged unless GamerTag terminates the contractual relationship with the user.
7.3. The agreement between the parties may be terminated in accordance with the following provisions:
4. Users can terminate the contract without any notice period.
5. GamerTag is authorised to terminate the agreement with the respective user with two weeks' notice to the user by email, in paper form or on another durable medium.
6. 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.
FINAL PROVISIONS
8.1. These Terms of Use are subject to Austrian law, excluding the UN Convention on the International Sale of Goods, with the restriction that mandatory provisions of the law of the country in which the consumer has his habitual residence are not superseded.
8.2. If the consumer is neither domiciled or habitually resident in Austria nor employed in Austria at the time the action is brought, 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: May 2024