KNOW THE SERVICE
If you decide to accept the cooperation of Gamedonia and use the Gamedonia SDK you must register completing the data that we request and our relationship will be governed by the following terms and conditions, which in any case complete or amend the legal warning. It is important for you to read and understand these conditions, since they will apply if you decide to register and access the services of Gamedonia. In the event of any inconsistency between the contents of the legal warning and the particular conditions of a certain service regulated by these terms and conditions, the latter will prevail.
In compliance with the duty of information contemplated in article 10 of Act 34/2002, of 11 July, Information Society and Electronic Commerce Act, we inform you that Gamedonia is Edenic Games, S.L., hereinafter Gamedonia or the company, is located at Carrer Marie Curie, 8, 08042 Barcelona, has employer tax identity number B64519143 and is entered at the Commercial Registry of Barcelona, on volume 38,543 folio 53, page B-349756. You may contact us at telephone 0034 935 346 080 or by e-mail at firstname.lastname@example.org
MEANING OF THE AGREEMENT
These general conditions have the purpose of regulating access to the Gamedonia platform, through which the company makes available to the developers tools permitting them to improve their games and improve the management of the services provided through this platform, in addition to obtaining information to improve the game experiences of their own users and provide services in accordance with their interests. Accordingly, Gamedonia will keep you up to date by sending notices of interest for users, to facilitate your work and its quality, and the sending newsletters.
WHEN YOU ACCEPT
The agreement takes effect when the user clicks on I ACCEPT, which implies reading, understanding and accepting these terms and conditions and being bound by them. The party accepting this agreement must be of legal age and have legal capacity to contract under his own laws. The party may accept this agreement individually or representing a company or legal person, in which case he declares that he has sufficient powers and legal authority to bind the company in question. Otherwise and/or if you are not in agreement with the terms and conditions of this agreement, you should cancel the registration process and you will be unable to use the services of Gamedonia, set out in detail and advertised in the website.
ON YOUR REGISTRATION
Only persons willing to accept this Agreement may be registered with Gamedonia. For registration, the applicant must introduce a valid e-mail address and his full name. These are personal data that Gamedonia will process as stipulated in these terms and conditions. After completing the registration form, at least the compulsory fields, and clicking on “submit”, you will be deemed a registered user with access to the services of the platform. From then on, whenever you wish to access Gamedonia you may do so using the selected e-mail and password. The user is responsible for his passport, which he alone knows, and must thus take every necessary precaution to protect it. The user undertakes not to assign its use to third parties, provisionally or finally, and not to permit its access to third parties. The user will be liable for the illegal use of the services by any third party that unlawfully uses the password for such purpose, due to its non-diligent use or loss by the user. Should you forget your password, or fail to have it available for any reason, you may again request access from Gamedonia, which will send you a link to the designated e-mail for you to be able to re-establish your former password or introduce a new one. Should any incident occur, the user may a send a notice to email@example.com
- Service provider will be Gamedonia.
- User will be the persons who are registered on the platform.
- Player will be the users of the developments of the “user”.
- Partial blockage will be a limitation to the services, so that the user will be unable to access his control panel but this will have no effects on the player.
- Total blockage means that the user will be absolutely deprived of the services and implies termination of the service/agreement.
TO IMPROVE, WE MAY CHANGE THE CONDITIONS
The company may amend these terms and conditions when it deems this to be appropriate and necessary. In the event, a pop up will warn you of this informing you of the new conditions and/or changes it contains. If you decide to accept the new terms and conditions, you must click on “I accept”, which we will deem to be an express acceptance of the announced change.
In any case, we will consider that the user accepts the new conditions unless he expressly notifies otherwise, so that Gamedonia will continue to provide its services in a limited manner, since the failure to accept expressly the new conditions implies the impossibility to access the control panel accessible for all duly registered users of the Gamedonia platform. In no event will this have any effect on the players of the developments of our users.
THIS IS HOW WE PROVIDE THE SERVICES
The user may access all the services available on the website www.gamedonia.com on the conditions contemplated in this agreement, regardless of the country in which he is situated, provided that he does so for lawful purposes and respecting and complying with these conditions. The services are available to those who decide to accept these conditions on their own terms. Accordingly, the user undertakes to use adequately the contents and services offered to him by Gamedonia including, but not limited to, not using them for (i) unlawful or illegal activities or activities contravening good faith and the public policy; (ii) disseminating racist, xenophobic, pornographic-illegal contents or propaganda or those that incite to terrorism or attack human rights; (iii) causing damage to the physical and logical systems of the company, its suppliers or third parties, introducing or disseminating in the network computer viruses or any other physical or logical systems that are capable of causing such damage.
In any case, we inform you that Gamedonia cooperates with the responsible authorities against eventual unlawful or noxious actions that have been performed by third parties in bad faith and/or that cause loss and damage, in compliance with legislation in force.
Following quality standards Gamedonia is in a process of on-going improvement so that our services may be varied to include such improvements, which occasionally give rise to new services. Although it is the intention of Gamedonia to achieve absolute availability of the services, temporary interruptions may occur for reasons beyond its control. Gamedonia undertakes to attempt to minimise such interruptions effectively and will use its best endeavours to re-establish the service as soon as possible. The user accepts the limitations of the services since its absolute availability does not depend only on Gamedonia, depending also on providers that are essential for the provision of the service, in addition to those others arising from the physical or natural environment or attributable to third parties with whom Gamedonia has no relationship and for which it cannot be held liable. In any case the user may be certain that Gamedonia will apply generally accepted security conditions and the most demanding protocols to ensure the availability of the services accessible to the users of its platform.
YOU KNOW THAT UPON PAYMENT
Users receive a discount with part of the services at no cost, depending on the number of players that at any time registered with any of the developments of the user, as established in the “Pricing”. The price policy of Gamedonia is of a public nature and the price accepted upon acceptance of the terms and conditions at the time of registration as a user is binding. The company retains the right to modify the prices and tariffs when it so decides and this is conveniently published in the website in the “pricing” section. If Gamedonia decides to change its price policy, for the user to have the time necessary to make the best decision, a term of 30 days is established as the period for acceptance of the new tariffs.
Once the user has exceeded the minimum no cost limit, Gamedonia will debit to the credit card made available by the user the amount invoiced according to the accepted price. This is a monthly charge for the services already provided by Gamedonia. In the case of any incident and should it for any reason beyond the control of Gamedonia be impossible to debit such amount, the user must make payment of the due amount within a maximum term of fifteen calendar days after the last day of the month due, permitting Gamedonia to attempt to collect the amount as often as it may consider appropriate in that period.
Should the default persist, upon expiry of such period, Gamedonia will proceed to the total blockage of the service, giving rise to the termination of this agreement. Only if the debt is cancelled will the user be able to access the platform of Gamedonia, which will have a term of seven days to reactivate the services.
Gamedonia informs you that we put in place technical and physical security measures to achieve a high level of security, reason for which our payment management provider uses state of the art 128-bitSecure Socket Layer (SSL) technology for secure transactions, protecting the account registration and the registration information.
WE HONOUR INDUSTRIAL AND INTELLECTUAL PROPERTY
For all the services accessed by the user from his private area Gamedonia retains all the rights of Copyright ©Gamedonia.com. The texts, logotype, photographs and graphic elements forming part of www.gamedonia.com and disseminated through the platform or the information received by e-mail, in addition to their presentation form, are exclusive property of the company, which holds all exploitation rights, directly or through third parties under agreement. In general, the company does not grant any license for use or authorisation over its industrial or intellectual property rights or over any other property or right related to its website, other than under express agreement in writing with third parties, and it retains the right to amend or limit at any time the conditions of use and the services available to the users. Gamedonia retains any rights over the software, data, documentation, trademarks, trade names, logotypes, technology, directly developed by the company, limited only by the rights acknowledged under this agreement to the users and by the rights of our service providers. If due to suggestions, notices …made by the users Gamedonia incorporates them into its products, the user expressly waives any right in such respect, which rights will be held in full by the company, which may use them in the manner it deems most in its interest. Users undertake to respect the intellectual and industrial property rights over the services received, respecting the aforementioned conditions, the company retaining the right to take any legal action to which it may be entitled to claim any liability of any kind that may arise from their breach. The user recognises this intellectual and industrial property warning as valid evidence against usurpations by unauthorised third parties. Gamedonia retains through these warnings its intellectual and industrial property rights over the content of the website against its eventual use by third parties. The unauthorised use of the information and the damage caused to the intellectual and industrial property rights of the company will entitle it to take any legal action to which it may be entitled, even if such use occurs after de-registration from the service.
IT IS OUR RESPONSABILITY
Gamedonia will act meeting the maximum standards of diligence and professionalism and will attempt to provide its services with the maximum safeguards. Nevertheless it is never possible to ensure the service in full and in all cases, so that Gamedonia assumes reasonable liability only for those obligations that depend on it alone, but never in the case that the incident originates from a third party, even if related to Gamedonia. The company will not be liable for loss or damage caused by decisions made on the basis of the information disseminated on the Gamedonia platform or for eventual inaccuracies, omissions or errors that it may contain, or for problems that may arise from the use of this platform, for loss and/or damage to the software or hardware of the user due to access to Gamedonia. Neither does it warrant or assume any liability for links and references to other websites or for information disseminated by third parties. The user will be responsible for his own decisions and the company will never be liable for loss and damage caused by decisions made based on the services provided by Gamedonia. Only the user is responsible for any activity related to, arising from or made using the services that Gamedonia makes available to the user, regardless of whether such use is free of charge or otherwise. In any event beyond its control, Gamedonia will not be liable for delays or failures in the operation of the service, failures in the supply of the service by our providers, electricity failure, natural elements…
WE ENSURE YOUR DATA PROTECTION
Access to the service implies that the company accesses information made available by users. Part of such information is personal data, introduced either directly or indirectly by the user but, in any case, the company accesses them for the account of the user. The data related to users are processed in the “USERS GAMEDONIA” file, registered with the General Data Protection Registry, the purpose of their processing being the management of users and services of Gamedonia, and commercial and sales actions. The processed data will only be disclosed to third parties with whom a contractual relationship exists and in the context of a specific provision of services provided by the third party in question to the company. In no event will such disclosure of data authorise the third parties in question to use and process the information accesses for their own purposes or to disclose it to third parties. The data subject may exercise the rights of access, rectification, cancellation and objection before the data controller at C/ Marie Curie, 8 A101_ 08042 Barcelona or at e-mail address firstname.lastname@example.org Gamedonia warrants to the user that only the user decides the purpose, contents and use of the processing although part of such processing is carried out by the company and only the data subject is responsible for their veracity and accuracy thus ensuring that the data controller respects the principle of quality of the data. Due to the provision of the services, Gamedonia processes the information made available, directly or indirectly, by the users, either individually or jointly with others for the account of the data controller and due to the existence of the legal relationship, recorded in these conditions of use, which are binding on them defining the scope of action for the provision of the service. Gamedonia as the data processor undertakes to perform only actions necessary to provide the services subscribed for by the user on registering with Gamedonia, thus undertaking not to process, apply or use the data otherwise for any purpose other than that contemplated in these conditions. The company has put in place and implemented technical and organisational security measures seeking to ensure the security of the personal data and prevent their alteration, loss, processing or unauthorised access, pursuant to Royal Decree 1720/2007, of December 21, approving the Regulation implementing the Basic Personal Data Protection Law. Gamedonia places on record that the contracting of its services necessarily implies the acceptance by the user of the possibility that the company may subcontract the provision of certain services from third parties, such as data hosting, the processing and sending of commercial notices or part of them, newsletters and bulletins, process automating and technical support. Due to such subcontracting, the user expressly consents the disclosure of his data to such third parties, which will put in place security measures that they may evidence by producing those that ensure the processing of data with warranties relating to privacy, such as TRUSTe. The user also expressly consents that subcontracted third parties may provide the company with more complete information on the user, both personal and as regards use and preferences. Gamedonia may during the provision of the service store information on the users, of its own or furnished by the users themselves, encrypted at the location it deems appropriate, this not to imply an international transfer of data that requires authorisation from the data protection authority and, also, is unable to assume liability for or warrant that no unauthorised accesses or alterations or failures will occur when saving the information. When the users ceases to be a user in any of the events contemplated in the conditions governing the provision of the service, Gamedonia undertakes to return in full to the user the information that it may have available generated due to the provision of the Service. Nevertheless, the service provider may keep the processed information and data, duly blocked, should liability arise from its relationship with the user. Gamedonia respects the privacy of the information made available by the user and thus acquires the commitment not to copy or reproduce such information, other than as may be necessary for its processing or to put in place the security measures to which it is legally obliged as data processor. The acceptance of these conditions implies that the user warrants the performance of its obligations in respect of the personal data and information for which it is liable under applicable legislation. In particular, in the case of a data controller providing its services in Spain or that is established in Spain, it shall comply with the duties of information and consent relating to the data subjects, the duty to notify the files at the General Data Protection Registry and the response to requests for exercise of the rights of access, rectification, cancellation and objection of the data subjects. The user assumes any liability for compliance with data protection legislation with respect to data subjects of whom it makes available data to Gamedonia by virtue of the provision of the services that the user receives, since it is the data controller and the data processor as regards such data subjects. If the user is able to and uses any of the payment services offered in Gamedonia the company informs him that the data necessary for invoicing, payment of the service and any other related to and arising from such actions will be included in the GESTION GAMEDONIA file, registered with the Spanish Data Protection Agency for the purpose of administrative management of customers and suppliers. Such data will not be processes for any purpose other than that mentioned or transferred to any third party. The data subject may exercise the rights of access, rectification, cancellation and objection before the data controller at Carrer Marie Curie, 8A 101_ 08042 Barcelona or at email@example.com
THIS AGREEMENT MAY BE TERMINATED
The user may at any time and for any reason at his convenience be de-registered from the service that Gamedonia provides him with by serving notice in writing at firstname.lastname@example.org at least fifteen days in advance, being liable for performance of the monthly payment obligations acquired until the date of termination. Gamedonia retains the right to terminate the agreement at any time, also for any reason and at its convenience, serving notice thirty days in advance. In any case, it may suspend the provision of the services or terminate the agreement immediately without any liability if the user:
- Fails to make payment as provided for in these terms and conditions.
- Implies any danger to the security and/or attack against the actual provision of the service by Gamedonia.
- If we decide at our discretion that the user or the personnel of the user use Gamedonia to provide the same or similar services without obtaining written consent from an authorised person to provide them.
- If the user is included in a proceeding of insolvency or liquidation.
- If the user breaches any term or condition of this agreement.
- In the event of any dispute relating to this agreement.
- Due to the application of a law.
- If so ordered by an arbitral or court decision or by the responsible authority.
Gamedonia is entitled to claim from the user the expenses that it may have occurred due to such legal, court or other actions, due to the deactivation of the user as such, including expenses arising from actions that it necessarily had to perform to warrant the security and quality of the provision of services to other users. If the agreement between Gamedonia and the user is terminated for any reason, the information generated by the user will be made available to the user, in a compressed file with a password, within a term of 30 days, unless such termination is due to non-payment, in which case the user must cancel the debt to be able to receive such information.
YOU ACCEPT THESE LAWS AND JURISDICTION
When establishing these terms and conditions, we have taken into account data protection, electronic commerce and information society services legislation in addition to other commercial laws. The relationship between the user and Gamedonia is governed by the conditions contained in this agreement and ultimately by applicable Spanish legislation. Spanish law shall apply in the event of dispute as regards the interpretation of the terms of this agreement, and any disagreement relating to the provided services and the user expressly submits to the jurisdiction of the Spanish courts. Either the English or the Spanish languages may be used for notices.
Last Updated: 03/14/2014