Terms of Service

Terms of Service

These guidelines (the Terms of Service) are an integral part of the GamePoint Terms and Conditions. These Terms of Service signify your agreement with GamePoint and governs the use of any online game, service or website from Gamepoint (GP Services) or any of its affiliates and subsidiaries (collectively called GP). If you do not agree to these Terms of Service, do not use our GP Services. Please be sure to check this page periodically in the future, since we reserve the right to change, add or delete portions of our terms. Your continued use of this site after we post a change to these Terms of Use will mean that you agree to abide by the change.

GP reserves the right to terminate your access to any or all components of GP Services at any time, without notice or refund, for any reason whatsoever, including without limitation, (1) as a result of your breach of the GP Terms of Service, (2) if GP is unable to verify or authenticate any information you provide to us, (3) any dispute with regards to any GP Policy applied and used by GP like the Code of Conduct and the GP Privacy Policy, (4) your ability or inability to gain access to or make us of the GP Services, (5) any dispute regarding the format or costs of subscription, virtual coins, invoices, taxes.


Minimum requirements
To make use of GP Services your computersystem must have the following specifications:
a. A multimedia PC with internet connection and minimum a modem, preferably Broadband and

b. 512Mb internal memory and a video card with a minimal of 64MB memory (higher internal memory is advised due to ongoing system processes that require extra memory and slow down the PC) and

c. A Windows Operating System is recommended, minimal Windows vista, higher is recommended and
d. When using a Mac OSX a minimal version of 10.6 Snowlepard is required, higher is recommended and

e. A screen resolution of minimum 1024x768 pixels, higher is recommended(GP Services operates optimal with 1024x768 pixels or higher screenresolution) and
f. The latest version of Java, which you can download for free at www.java.com or when using a Mac OSX from http://support.apple.com/kb/DL1360

g. A recent version of Modzilla Firefox, Google Chrome or Internet Explorer (at least IE7, higher is recommended).

h. We recommend the regular use of Windows/Mac update.


Content
""Content"" on GP Services may include software, technology, text and other audio visual material and the design and appearance of our websites. Content may be provided by you or third parties, including other users of GP Services. GP does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to GP Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on GP Services.

GP reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in GP's sole and final discretion. To the maximum extent permitted by applicable law, GP does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.

You are solely responsible for your Content and may be held liable for Content that you post.

Copyright and ownership
GP Services, the related online platform and its content, any additional existing or future files delivered to you by GP or its affiliates or subsidiaries (collectively referred to herein as GP) to patch, update or modify the software program in any way, any printed or online materials and documentation, any and all copies or derivative work of such software programs or materials, as well as all other creations, publications and services of GP Services or related to GP Services produced by GP (collectively referred to herein as GP Services), is the copyrighted work of GP and is protected by Dutch copyright law, international copyright treaties and conventions, as well as all other intellectual property laws and treaties. GP Services or its online services may contain certain licensed materials, documents, ideas or other forms of creations, publications and services and the GPs of those may enforce their rights in the event of any violation of this Terms of Services.

In exchange for GP enabling your contribution of Content, when you contribute Content to a GP Service, you expressly grant to GP a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant GP all licenses, consents and clearances to enable GP to use such Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such Content.

If the GP Service on which you contribute Content permits other users to access and use that contributed Content as part of the GP Service, than you also grant all other users of the relevant GP Service the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and distribute your contributed Content on or through the relevant GP Service without further notice, attribution or compensation to you.

All titles, ownership rights and intellectual property rights in and to GP Services, its related online services and all copies thereof are owned or expressly licensed by GP.

We reserve the right to transfer or cease the operation of GP Services at any time without notice or refund, for any reason whatsoever, including without limitation if we discontinue to offering GP Services and/or its related online services.

Software
GP Services may require or allow you to download software, software updates or patches, or other utilities and tools from GP or its GPs onto your computer (""GP Software""). GP grants to you a non-exclusive, limited license to use GP Software solely for the purpose stated by GP at the time the GP Software is made available to you. You will not publish sublicenses or let other users pay to access GP Software.

You will not in whole or in part copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on GP Services, or remove any proprietary notices or labels on GP Services. Failure to comply with the restrictions and limitations contained in this Section shall result in immediate, automatic termination of the license granted in this Terms & Conditions and may subject you to civil and/or criminal liability.

Any use of third party software to change game play in GP Services is strictly prohibited.

Limitations on Warranty and Liability
GP expressly disclaims any warranty for GP Services, including the online services and all documentation. GP Services, the online services and all documentations are provided AS IS, without warranty of any kind, either express or implied. The entire risk arising out of use or performance of GP Services, the Game Client, the related online services and the documentation remains with the user at all times.

GP does not warrant that access to or use of GP Services or the related online services will be uninterrupted or error-free, that you will be able to access the online services or GP Services at any time or in any geographic area, or that any component of GP Services will meet any particular criteria of performance or quality. GP shall therefore not be responsible for any interruption of GP Services or the related online services.

To the maximum extent permitted by applicable law, in no event shall GP or its parent, subsidiaries or affiliates be liable in any way for loss or damage of any kind resulting from the use of any component of GP Services (including without limitation the related online services, the documentation or GP Services). Any warranty against infringement that maybe provided in applicable law is expressly disclaimed to the maximum extend permitted by applicable law.

GP shall not be liable in any way for the loss or damage to players, including account statistics or user profile information stored by GP Services and/or the related online services.

GP shall not be liable in any way for loss or damage of any kind due to use of third party software, if you decide to use third party software anyway. Please beware that using third party software is a violation of this Terms & Conditions and is a valid reason for us to close your account or take any other actions.

In no event will GP be liable to you for any indirect, incidental, special, exemplary or consequential damages. Some countries or states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts. Only in that case will above limitations not apply to you.

In no event will GP be liable to you for any physical or psychological damage caused in any way for the entire duration of this Terms & Conditions.

This Terms & Conditions is governed by the laws of The Netherlands and the parties consent to exclusive jurisdiction and venue in the courts sitting in The Hague.

The parties hereto have requested that this agreement and all correspondence and all documentation relating to this agreement, be written in the English language.

In the event that any provision of this Terms & Conditions shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Terms & Conditions shall remain in full force and effect.

You acknowledge and agree that your sole and exclusive remedy for any dispute with GP or its GPs is to stop using GP services, and to cancel your GP account. You acknowledge and agree that GP is not liable for any act or failure to act by them or any other person regarding conduct, communication or content on GP services or use of GP software. In no case shall GP or its GPs, affiliates', employees', officers', or directors' (collectively, ""GP affiliates"") liability to you exceed the amount that you paid to GP for GP services.

In no case shall GP or GP affiliates be liable for incidental or consequential damages arising from your or your accounts use of GP services, GP software, the internet or for any other claim related in any way to your use of GP services or accounts.

You agree to indemnify and hold GP harmless from any claim, demand, or damage, including reasonable attorneys fees, asserted by any third party due to or arising out of your use of or conduct in GP Services or its related online services.

You hereby agree that GP would be irreparably damaged if the terms of this Terms & Conditions were not specifically enforced and therefore you agree that GP shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms & Conditions, in addition to such other remedies as GP may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Terms & Conditions, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

This Terms & Conditions, including the documents expressly incorporated by reference (including without limitation the Term of Use and the Code of Conduct) and all updates to the same constitute the entire agreement between you and GP with respect all components of GP Services and its related online services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and GP with respect to any or all components of GP Services and its related online services. You represent that you have not relied on any such communications in choosing to enter into this Terms & Conditions. A printed version of this Terms & Conditions and of any notices given or made available to you in electronic form shall be admissible in judicial or administrative proceeding based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

To the extent that the provisions of this Terms & Conditions conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

This Terms & Conditions is effective until terminated. You may terminate this Terms & Conditions at any time by sending us a written request (Gamepoint International Administration, Lange Voorhout 30-32, 2586 BK, The Hague, The Netherlands) and be sure to include in your message the same user name, password, and email address that you submitted to us when registering. But understand that by terminating your acknowledgement of the terms and conditions you also terminate your account with GP Services.

Code of conduct
You understand that according to the applicable Laws and Regulations Gamepoint doesnt have any general obligation to monitor the electronic communications and content posted on GP Services (the Content). You also understand that you and not GamePoint, are responsible for your Content or which Content you view. Understand that GP Services chat functionality allows for limited screening from unwanted communication. By reading the help documents you also understand better GP Services and possible functionalities to screen yourself.

You must obey all national and local laws, regulations and rules that apply to your activities when you use GP Services as you would apply them in the normal world. We tolerate no illegal behavior at GP Services.

If you encounter another user who is violating any of the Code of Conduct, please report this activity to GP via the Helpdesk.

Without prior warning or explanation and at the sole discretion of GamePoint, your Content can be deleted and GamePoint may terminate or restrict your use of access to GP Services. All decisions of GamePoint regarding any violations of the Code of Conduct are final.

The offences may violate the terms of service and can be subject to such a sanction including but are not limited to, the following list of activities:

* Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence toward one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

* Use the GP Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, scamming or any duplicative or unsolicited messages (commercial or otherwise).

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

* Create a false identity for the purpose of misleading others.

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights there to or have received all necessary consents to do the same.

* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Use any material or information, including images or photographs, which is made available through the GP Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.

* Use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory users of a GP Services or other user or usage information or any portion thereof.

* Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another.

* Advertise or offer to sell or buy any goods or services for any business purpose, unless GP specifically allows such messages.

* Exploit GP Services or any of its parts for any commercial purpose, including but not limited to, use at a cyber caf, computer gaming centre or any other location-based site without the express written consent of GP host, provide or develop matchmaking services for GP Services or intercept, emulate or redirect the communication protocols used by GP in any way for any purpose create or maintain any unauthorized connections to GP Services and its related online services. All connections to GP Services and/or its related on-line services, whether created by the GP Services or by other tools and utilities, may only be made through methods and means expressly approved by GP. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by GP for public use.

* Post or transmit chain letters or pyramid or money schemes.

* Download any file posted by another user of GP Services that should know, cannot be legally distributed in such manner.

* Restrict or inhibit any other user from using and enjoying GP Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular GP Services.

* Harvest or otherwise collect information about others, including e-mail addresses and login information.

* Violate any applicable laws or regulations.

* Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps or /me] in an attempt to disturb other users, spamming or flooding [posting repetitive text]. The former is online vandalism and disrupts the experience of other players.

* Incorrect use of the GP Services support system.

* Advocate cheating during gameplay of GP Services including, but not limited to, the modification of the GP Software.

* Abuse GamePoint systems or procedures.

* All conversation on GamePoint should be conducted in the language provided for that particular room, except for the international rooms, where players may chat in any language.

Account
You will become a GP service account when you complete the registration procedure and agreeing to the terms and conditions of GP. You can create a GP User Name. Your GP User Name is your personal identity. Your GP User Name cannot be the same as some other GP User Name. Your GP User Name cannot be contradictory with the GP Services Code of Conduct. You agree not to share your account and password with other GP Users.

Paid services
Some GP Services require paid services by payment of a fee. These are called a GP Paid Service. Examples of GP Paid Service are paying a subscription, or paying a fee to acquire virtual coins. With regards to subscription you will become a subscriber of GP by having a GP Service Account and pay a subscription for a VIP or SuperVIP GP service. You must have an Account and pay the fee of a particular GP Paid Service to participate in these activities. For information about subscription and other fees for particular services visit www.gamepoint.com/VIP.

Fees are payable in advance and are not refundable in whole or in part.
GP reserves the right to change our fees or billing methods at any time. If you pay a VIP or SuperVIP subscription for the GP Paid Service, GP will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the GP Service. You are responsible for reviewing the GP Service to obtain timely notice of such changes. Your continued use of the GP Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but GP will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of GP Services is subject to use or sales tax, then GP may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit www.gamepoint.com/vip.

A. Payment Options. You may pay fees using the methods available for the particular GP Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by GP Service. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription. You agree that GP is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription. Customers who use other payment methods may incur an additional payment processing fee and may not be able to automatically renew subscriptions. For further information, visit www.gamepoint.com/vip. When you provide credit card or other payment information to GP, you represent to GP that you are the authorized user of the credit card or other payment method. You agree to promptly notify GP of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information and you agree to promptly notify GP if your credit card expires or is cancelled for any reason.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

B. Trial Subscriptions. For some GP Services, GP may offer a free trial subscription. If you accept a free trial subscription, GP will transfer your account status for the remainder of the trial period to VIP or SuperVIP. After the trial period your trial subscription will end. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using GP Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.

C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other websites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to GP. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

D. Renewal of the VIP or SuperVIP subscription. After the period for which you acquire the VIP or SuperVIP subscription your registration will be upgraded to VIP or SuperVIP. After the subscription period your VIP or SuperVIP subscription will automatically ends. If you wish to continue the VIP or SuperVIP subscription you will have to renew your subscription.

E. Termination
You may terminate your GP Account or Subscription at any time by sending us a written request (Gamepoint International Administration, Gevers Deynootweg 93G, 2586 BK, The Hague, The Netherlands) or via our contact form and be sure to include in your message the same user name and email address that you submitted to us when registering and be sure to attach a copy of your identification card. But understand that by terminating your Subscription GP reserves the right to retrieve the monetary value of a GP Paid Service that has been acquired before the termination of your account and or subscription.