Terms of Service & Privacy Policy

Terms of Service

1. Accepting the Terms

These Terms of Service, which include and hereby incorporate the Privacy Policy are a legal agreement between Gamularity BV ("Gamularity BV" or "we") and you ("you"). By using or accessing (a) the website located at http://www.gamularity.com (the “Site”) or (b) any Gamularity BV game or application ((a) and (b) collectively, the "Service") you agree that you have read, understood, and accept to be bound by the Terms.

Gamularity BV reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.

2. Rights to Use the Service

Subject to your compliance with these Terms, Gamularity BV grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.

You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gamularity BV or its licensors, except for the permissions and rights expressly granted in these Terms.

If you violate these Terms, Gamularity BV reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Gamularity BV need not provide you notice before terminating or suspending your account(s), but it may do so.

Gamularity BV reserves the right to refuse any user access to the Services without notice for violation of the Terms.

3. Intellectual Property/Ownership

All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for “User Content” (as defined below), collectively referred to as the “Service Materials”, are, as between Gamularity BV and you, owned by Gamularity BV and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials.

You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without Gamularity BV's express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from Gamularity BV. Any reproduction or redistribution of Service Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by Gamularity BV, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Gamularity BV and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

4. User Content

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you or other users (hereinafter "User Content") are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Gamularity BV. All User Content is the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Gamularity BV is not responsible for any files users upload, post, or otherwise make available. Gamularity BV may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Gamularity BV application. By using Gamularity BV you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Gamularity BV will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.

User Content is not confidential and will not be returned to the user.

You represent and warrant that User Content you transmit or submit is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without Gamularity BV incurring any third party obligations or liability arising out of its exercise of such rights and licenses.

You hereby grant to Gamularity BV a worldwide, irrevocable (as long as your account is not terminated), perpetual, non-exclusive, transferable, fully paid-up and royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in User Content.

The foregoing license granted Gamularity BV by you, expires in the event that your account is terminated, either by you, or by Gamularity BV.

Gamularity BV reserves the right to remove and permanently delete any User Content from the Service with or without notice for any reason or no reason. You may notify Gamularity BV of any User Content that you believe violates these Terms, or other inappropriate user behavior, by emailing info@gamularity.com..

5. Rules of Conduct/Usage

The Service may provide communication channels designed to enable you to communicate with other Service users. Gamularity BV has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials (including without limitation User Content), at any time, with or without notice for any reason, at its sole discretion. Gamularity BV may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any User Content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by Gamularity BV. Gamularity BV will not under any circumstances by liable for any activity within Communication Channels.

As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

  1. post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable
  2. defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable
  3. violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
  4. attempt to obtain passwords or other private information from other members
  5. improperly use support channels or complaint buttons to make false reports to Gamularity BV
  6. use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Gamularity BV game experience
  7. use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Gamularity BV game experience
  8. without Gamularity BV’s express written consent, modify or cause to be modified any files that are a part of the Service
  9. disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Gamularity BV game environment (each a "Server"); or (2) the enjoyment of the Service or any Gamularity BV game by any other person
  10. institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service
  11. attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Gamularity BV, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service
  12. interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service
  13. use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service
  14. intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device
  15. make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
  16. use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Gamularity BV
  17. exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
  18. violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service

These rules of use are not meant to be exhaustive, and Gamularity BV reserves the right to determine what conduct it considers to be a violation of the Terms or improper use of the Service and to take action up to and including termination of your account and exclusion from further participation in the Service.

6. Termination

You may terminate your account at any time and for any reason by sending an email to info@gamularity.com Such requests are usually processed by Gamularity BV within 48 hour upon receipt.

Gamularity BV may terminate your account and your access to the Service (or, at Gamularity BV’s sole option, applicable portions of the Service) at any time for violation of the Terms. Gamularity BV is not required to provide you with any notice or warning prior to any such termination.

Privacy Policy

Gamularity BV Privacy Policy

Gamularity BV respect the privacy rights of our users and are committed to protecting the information collected through Freezm! and other products (together “Services”). Gamularity BV has adopted this privacy policy (“Privacy Policy”) to explain how Gamularity BV collects, stores, and uses the information collected in connection with Gamularity BV's Services. Should you have any questions relating to this Privacy Policy, please contact us at info@gamularity.com..

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.

Gamularity BV reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

Non-personal data:

For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data Gamularity BV collects about the use of Gamularity BV Services, from which any personally identifiable data has been removed. Gamularity BV may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Gamularity BV to identify you. The types of non-personal data Gamularity BV may collect and use include, but are not limited to: (i) device software platform and firmware; (ii) mobile phone carrier; (iii) geographical data such as zip code, area code and location; (iv) game score and achievements; (v) other non-personal data as reasonably required by Gamularity BV to enhance the Services and other Gamularity BV products and services. Gamularity BV may use and disclose to Gamularity BV's partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Gamularity BV services and products. You recognize and agree that the analytics companies utilized by Gamularity BV may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

Ad Serving Technology:

Gamularity BV reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Gamularity BV or Gamularity BV’s partners and contractors. Gamularity BV may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Gamularity BV or third parties operating the ad serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. Gamularity BV or third parties may collect and use data for this purpose including, but not limited to IP address (including for purposes of determining your approximate geographic location), UDID, software, applications, hardware, browser information, internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology. You recognize and agree that the advertising companies who deliver ads for Gamularity BV may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although Gamularity BV takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, Gamularity BV does not have access to or control of third party technologies.

Personal Data:

For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual. Likely situations when you make personal data available to Gamularity BV include, but are not limited to: (i) registration for Services, contests and special events; (ii) accessing Services using a third party ID, such as social networking sites or gaming services; (iii) subscribing to newsletters; (iv) purchasing a product or services through Gamularity BV’s online stores; (v) using “tell a friend,” "email this page," or other similar features; (vi) requesting technical support; and (vii) otherwise through use of Gamularity BV Services where personal data is required for use and/or participation. The types of personal data may vary depending on the type of activity you are engaged in. The personal data Gamularity BV may collect and process may include, but are not limited to your name, screen/nick name, Gamularity BV Services’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; device properties, including, but not limited to unique device identifier or other device identifier ("UDID"); Facebook-ID and location (only if directly identifiable to you, otherwise we treat location as non-personal data). Gamularity BV may use collected personal data for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving) and to further develop the Services and other Gamularity BV services and products. Gamularity BV may combine non-personal data with personal data. Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, Gamularity BV may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to Gamularity BV. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. Gamularity BV may associate and/or combine as well as use information collected by Gamularity BV and/or obtained through such social networking sites in accordance with this Privacy Policy.

Disclosure and Transfer of Personal Data:

Gamularity BV collects and processes personal data on a voluntary basis and it is not in the business of selling your personal data to third parties. Personal data may, however, occasionally be disclosed in accordance with applicable legislation and this Privacy Policy. Gamularity BV may hire agents and contractors to collect and process personal data on Gamularity BV’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Gamularity BV. These agents and contractors may not use your personal data for their own marketing purposes. Gamularity BV may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. Gamularity BV has the right to share your personal data as necessary for the aforementioned third parties to provide their services for Gamularity BV. Gamularity BV is not liable for the acts and omissions of these third parties, except as provided by mandatory law. Gamularity BV may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Gamularity BV to legal liability. Gamularity BV may also disclose your personal data to third parties when Gamularity BV has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Gamularity BV’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Gamularity BV believes that such disclosure is necessary to protect Gamularity BV’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Gamularity BV.

Data Retention and Correctness:

Gamularity BV retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Gamularity BV deletes all aforementioned data in its possession. Gamularity BV does not verify the correctness of personal data.

You are at all times entitled to require the deletion of your personal data by sending an e-mail to info@gamularity.com.. If your account is terminated, either by you or by Gamularity BV, your personal data will be deleted.

If your account is and remains inactive (for example if you have not used the services) for a continued period of 5 years, Gamularity BV will delete your personal data as well as terminate your account.

Even if data is changed or deleted, Gamularity BV may still retain some of the data to resolve disputes, enforce Gamularity BV user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

Cookies and beacons:

The Services may use “cookies” and other technologies such as pixel tags, clear GIFs and web beacons. Gamularity BV treats information collected by cookies and similar technologies as non-personal data.

Third Party Terms and Conditions:

Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that Gamularity BV is not liable for any such third party terms and conditions and their use of your personal data. Gamularity BV may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Gamularity BV. Gamularity BV is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Gamularity BV is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies. Please note that certain Services that Gamularity BV may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID or gaming network account. When you register to join or use the Services from a third-party gaming or social networking system, certain personally identifiable user and/or membership data may be transferred automatically to and from Gamularity BV and you hereby consent to the processing, combining, disclosing and retaining of such data in accordance with this Privacy Policy by Gamularity BV.

Safeguards:

Gamularity BV follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in Gamularity BV’s possession. Only those persons with a need to process your personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance, have access to your personal data in Gamularity BV’s possession. Personal data collected by Gamularity BV is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, Gamularity BV maintains personal data behind a firewall-protected server. However, no system can be 100% secure and there is the possibility that despite Gamularity BV’s reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you assume this risk.

Other:

Please be aware of the open nature of certain social networking and other open features of the Services Gamularity BV may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any Data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. Gamularity BV is not responsible for any personal data you choose to make public in any of these forums. If you are under 15 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. Gamularity BV takes children’s’ privacy seriously, and encourages parents and/or guardians to play an active role in their children's online experience at all times. Gamularity BV may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event involving all or a portion of Gamularity BV, Gamularity BV’s customer information may be transferred to Gamularity BV’s successor or assign.