Terms and Conditions for the use of the Website

Last Updated: February 26, 2024

1. ABOUT THESE GENERAL TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE

These Terms and Conditions for the Use of the Website (“Terms”) is a legal agreement between you and Gamz B.V., having registered office at Suikersilo-Oost 5, Floor 3, 1165MS Halfweg (“Gamz”, “we” or “us”).

These Terms tell you the rules for using our website https://gamzstudio.com (“Website”). Your use of our Website is also subject to our Privacy Policy (which is incorporated into these Terms by reference and forms a part of these Terms) which cover how we collect, use, share and store your personal data.

BY USING OR ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE OR ACCESS THE WEBSITE.

2. CHANGES AND SEVERABILITY

We reserve the right, at our discretion, to amend these Terms from time to time. If there is a material change, we may also provide additional notice within the Website. Unless we state otherwise, the changes are effective immediately upon posting. Each time you access our Website, the current version of the Terms applies. If you continue to use the Website after the changes are posted, you agree that the changes apply to your continued use of the Website.

IF YOU DO NOT AGREE WITH ANY AMENDMENT TO THE TERMS, YOUR ONLY REMEDY IS TO CEASE USE OF OUR WEBSITE.

You can find the latest updated version of the Terms at any time at our Website https://gamzstudio.com

If any portion of the Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.

3. USE OF THE WEBSITE

Your access and/or use of this Website is permitted based on your agreement to abide by these Terms.

We may update and change our Website from time to time to reflect changes to our business priorities.

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

4. INTELLECTUAL PROPERTY RIGHTS

The Intellectual Property Rights in this Website and the materials on or accessible via it belong to us or our respective licensors. This Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website). For these purposes “Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

5. THIRD-PARTY LINKS

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Any link to those sites does not constitute our sponsorship of, or affiliation with, those people or companies.

We have no control over the contents of those sites or resources.

6. WARRANTY DISCLAIMER

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE IT AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, GAMZ, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, GAMZ MAKES NO WARRANTY THAT THE WEBSITE AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL GAMZ OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. INDEMNIFICATION

You agree to indemnify and hold Gamz and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Gamz arising out of any breach by you of these Terms or other liabilities arising out of your use of our Website.

9. NO TEXT OR DATA MINING, OR WEB SCRAPING

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

10. USER FEEDBACK

You may, at your sole discretion, provide us with suggestions, comments or feedback with respect to the Website (collectively, “Feedback”). You represent and warrant that you shall not provide us with Feedback that infringes upon third party’s rights. If you provide Feedback to us, hereby assign to Gamz all rights in the Feedback and agree that Gamz shall have the right to use such Feedback and related information in any manner that it deems appropriate. Gamz will treat any Feedback you provide as non-confidential and non-proprietary. To the extent allowed by applicable laws, you agree to waive any moral rights you may have in Feedback.

11. COLLECTION OF DATA 

We will only use your personal information as set out in our Privacy Policy.

12. ASSIGNEMENT 

We can assign, novate, subcontract or otherwise transfer the Terms to a third party if necessary for the support of our Website, as part of any reorganization, change of control, or for any other business reasons. You may not assign or transfer your rights or obligations under the Terms to anyone without first obtaining our written consent. Any attempt to assign without our consent is void.

13. APPLICABLE LAW 

These Terms, their subject matter and their formation, are governed by Dutch law. You and we both agree that the courts of the Netherlands will have exclusive jurisdiction in relation to these Terms.

14. GOVERNING LANGUAGE

The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.

15. CONTACT INFORMATION

For information, support or questions, please contact us at support@gamzstudio.com