Welcome to Gamio

Gamio Technology d.o.o. provides a gaming platform with features allowing gamers to participate in challenges for prizes in competitive, electronic games (the “Service”). The Service is further described on gamio.GG is offered on both mobile and desktop devices. The Service is provided by Gamio Technology d.o.o. (VAT: HR24532258901), Nikole Tesle 9, 51000 Rijeka, Croatia (hereinafter “we”, “our”, “us”, the “Company” or “Gamio”). This User Agreement and Gamio’s Privacy Policy (this “Agreement”) applies to all Users of the Service (collectively or individually, “Users”, “User” or “you”). Each of Gamio and the Users is referred to as a “Party” and together as the “Parties”.

BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON “CREATE FREE ACCOUNT” (DEPENDING ON YOUR USED PLATFORM) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “CREATE FREE ACCOUNT,” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SERVICE.

  1. General Terms

    1. The terms and changes

      1. By registering to the Service and/or accessing or using it, you acknowledge that you have understood and agree to be bound by these terms and conditions (“Terms”). These Terms form a binding and enforceable contract between Gamio and you. The Terms apply whenever you access the Service on any device.

      2. Gamio may make modifications, deletions, and/or additions to these Terms (“Changes”) at any time. When we make material changes to these Terms, we will ask for your renewed agreement, if required, and provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided within the Service, is sent via email or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. If you do not wish to continue using the Service under the new version of the Terms, you will no longer be able to access the Service. You may terminate the Terms by contacting us via [email protected].

    2. Use of the Service by Adults

      1. When you use the Service, you warrant that you (i) are at least eighteen (18) years of age or of the legal age in your jurisdiction, whichever is higher, (ii) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (iii) have the power to register for a User Account and participate in the Service.

    3. Use of the Service by Minors

      1. The Service is not available to persons under the age of 16.

      2. If you are between the ages of 16 and 18 (or between 16 and the age of legal majority in your jurisdiction of residence if it is higher than 18), you are only allowed to use the Service under the supervision of your parent or legal guardian who agrees to be bound by these Terms.

      3. By registering to the Service and/or accessing or using it, you guarantee that you are at least 16 years of age and that your parent or legal guardian agrees to be bound by these Terms.

    4. User Account

      1. You are restricted to opening and maintaining only one User Account.

      2. You may not transfer your User Account to anyone else nor permit anyone else to use your User Account.

      3. You may not use the User Account of another User, even with their permission.

      4. If you decide to create an account, you will be required to register your user information, such as username to display in the Gamio service, email address, date of birth, and password. You guarantee that the information you provide to Gamio upon registration, and at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You may be asked to verify your age, identity, and location via a third-party provider.

      5. For further information on what Personal Data Gamio collects and how it is used, please see the Privacy Policy.

      6. Monetary transactions may be monitored for possible money laundering activity, cheating, and abuses of the platform, and any suspicious activity on your User Account could lead to you being reported to relevant authorities and the freezing and confiscation of funds, including Virtual Items (Section 11). As long as your account is active and not subject to any bans, you can log in to your account and view a statement that would show recent transactions on that account. If you notice any mistakes, you must notify Gamio immediately.

      7. Gamio may occasionally offer sign-up or registration bonuses when a user creates an account. These bonuses are available to new users only and may be communicated to you when applicable. We reserve the right to end or withdraw any registration bonuses at our sole discretion.

      8. During the registration a wallet will be created. Gamio will not be able to access or retrieve the wallet information.

    5. Password

      1. When creating an account, you will be required to set an account password.

      2. As you are responsible for all activities that occur on your account, you should keep the password confidential. You are solely responsible for maintaining the confidentiality of your User Account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your User Account or password. If you have reason to believe that your User Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you will immediately notify us by submitting a request to our support team. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your User Account.

    6. User communications

      1. Under this Agreement, you consent to receive communications from us electronically. We will communicate with you by email, by web notifications, or by posting notices in the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

      2. Gamio's community spaces facilitate communication between Gamio users and, in some cases, with Gamio Staff. They serve as social areas to enjoy together with like-minded people. Gamio community spaces include but are not limited to Discord and our social media channels.

      3. Whenever you interact with Gamio users or staff in our community spaces, you agree that our Codes of Conduct apply. To protect the well-being of all users, these Codes of Conduct are hereby incorporated into these Terms.

      4. You agree that violating Gamio's Codes of Conduct may, depending on severity, result in moderation, warnings, or even bans from the community space(s), or from Gamio entirely.

    7. Refunds

      1. Gamio does not allow refunds of any payments and/or charges. However, it remains at Gamio’s discretion, in special circumstances, to determine whether a refund request should be granted.

      2. Should you wish to request a refund, please immediately (and no later than 30 days after the disputed transaction) direct your case in writing to Customer Support. Rejection of the request is the default to be expected for any kind of transaction older than 30 days.

    8. Employee policy

      1. Gamio employees, directors, contractors, affiliates, and partners may use the Service and are encouraged to do so for the purpose of testing the user experience. However, such use is prohibited in case of having access to non-public information about ongoing competitions or any other advantages that would make participation unfair to other players using the Service.

  2. The Service

    1. To be able to make use of the Service, you may be required to first download certain proprietary Gamio software and revised versions of the foregoing (the “Software”).

    2. Gamio may choose to offer technical support and updates for the Service and Software from time to time at our discretion. You will either download the Software directly from us, or from a third party, but in either case, your use of the Software is subject to this Agreement.

    3. We reserve the right to update and change the Service and the Software. If you do not want to accept such a change, you are no longer authorized to use the Service or Software.

    4. Gamio may make changes to or discontinue any of the features and functionality available within the Service at any time at its sole discretion and without notice to you.

    5. We may, with or without notice to you: (i) modify, suspend, or terminate your access to the Service in accordance with these Terms; and (ii) interrupt the operation of the Service as necessary to perform maintenance, error correction, or other work.

    6. Gamio may suspend and/or close the User Account of any User who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability to the User. Also, and without limiting our other rights or remedies, if Gamio believes you have violated these Terms or if you have violated these Terms, Gamio has the right to determine that your winnings and Virtual Items, if any, will be forfeited, disgorged, or recouped by us.

    7. You may be able to access third-party games, tools, websites, or services via the Service. Gamio is not responsible for third-party websites, services, or content available through such third-party services. You are solely responsible for your dealings with third parties. Your use of third-party software, tools, websites, or services may be subject to that third party’s terms and conditions.

  3. Compliance with laws

    1. You are responsible for complying with all applicable laws. Your participation in the Service is at your own risk, and you agree not to hold Gamio responsible or liable if applicable laws restrict or prohibit your access or participation.

    2. Gamio makes no representations or warranties, expressed or implied, as to the lawfulness of your participation in any competition or use of services, nor shall any person affiliated, or claiming affiliation, with Gamio have authority to make any such representations or warranties.

  4. Your Indemnification of Gamio

    1. The User acknowledges and agrees that Gamio leaves no representations or warranties regarding the Service quality, safety, reliability, availability, or performance. The User acknowledges and accepts that the User uses the Service at the user’s own risk and that Gamio will not be responsible for any consequential damages arising out of the use of, or the failure to use, the Service.

    2. The User agrees to indemnify and hold Gamio and each of their directors, officers, employees, contractors, suppliers, and partners harmless from any claims, losses, damages, liabilities, costs, and expenses, including attorney’s fees, arising out of or relating to the User’s use or misuse of the Service, breach of these Terms or violation of the rights of any other person or entity, except solely to the extent any of the foregoing arising out of the willful misconduct or gross negligence of Gamio.

    3. Gamio reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify Gamio and the User agrees to cooperate with Gamio’s defense of these claims.

  5. Privacy Policy

    1. Gamio’s Privacy Policy, found at www.gamio.gg, is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

  6. Prohibited uses

    1. You may not use the Service in a way that is unlawful or prohibited by these Terms.

    2. Access to the Services from territories where the Services are illegal by law is strictly prohibited. Access to Gamio services from Crimea, Cuba, Iran, North Korea, or Syria, as well as making transactions to or from the Services in any way that involves a Sanctions Target, is prohibited.

    3. You may not use the Service in any manner that, in Gamio’s sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not intentionally interfere with or damage the operation of the Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service.

    4. In accessing or participating in the Service or using the Software, you represent and warrant to Gamio that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Service. Any User who engages in, participates in, or displays behavior that may be interpreted, in Gamio’s sole discretion, as unfair methods in participating in the Services will be subject to immediate sanction (as determined by Gamio in our sole discretion), which may include, without limitation: (i) immediate termination of User Account and blocking of the User’s access to the Services; (ii) any winnings that the User may otherwise have been entitled to receive shall be void and forfeited; and (iii) any winnings received by the User shall be subject to disgorgement and/or recoupment.

    5. You may not attempt to gain unauthorized access to the Service, or any part of it, accounts other than your one permitted personal account, computer systems or networks connected to the Service, or any part of it, for example, by hiding your location, using a VPN, any kind of hacking, password mining or other means, or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.

    6. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree to neither modify the Service in any manner or form nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

    7. You are restricted to opening and maintaining only one User Account. You may never use the User Account of another User, even if permitted by that User.

    8. You may never make payments to or withdraw funds from a User Account other than the one registered to you.

    9. You may never, under any circumstances make a payment using money that has been gained from criminal or other illegal activity.

    10. You may not make a payment to, or withdraw funds from, your User Account using a credit, debit, or charge card, PayPal account, e-wallet service, bank account, or another method of payment that does not belong to you personally or that is not set up by you and issued in your name.

    11. Gamio has the right to verify, with authorized third parties, that the method of payment is set up by the User and to deny any payments and/or payouts.

    12. The User must at all times observe the highest standards of personal integrity.

    13. Users are prohibited from influencing or manipulating a third-party game so that the outcome is determined by anything other than its merits.

    14. Any form of cheating, or methods other than those intended to participate in competitions on Gamio services, are strictly forbidden and will not be tolerated under any circumstances when playing Gamio competitions or while the Gamio software (where applicable) is running.

    15. Examples of cheating can include but are not limited to

      1. radar hacks

      2. ESP

      3. wallhacks

      4. speed hacks

      5. aim hacks

      6. hitbox manipulation

      7. teleportation

      8. game file editing

      9. use of macros

      10. stat-padding

      11. stat-manipulation

      12. smurfing or the use of multiple game accounts while using Gamio

      13. bot play (playing against AI instead of real opponents to boost leaderboard scores)

      14. account sharing (letting another User play on your Gamio account)

      15. using bugs to gain an advantage versus opponents

      16. any third-party software or tool that can reasonably give an unfair advantage and is not expressly allowed by the game’s original publisher

      17. any action to intentionally alter or attempt to alter the playing conditions or the results of any game or match or attempts to interfere with another user’s connection to the game service through Distributed Denial of Service (DDoS) or any other means. If you have any questions about behaviors that constitute cheating, please contact the Customer Support team.

    16. Gamio reserves the right to declare void any winnings related to cheating, to reset Users’ stats, to exclude Users from any leaderboard, to confiscate Users’ funds (including Virtual Items), to ban Users for either a limited time period or permanently. A ban or block of a User in one of Gamio’s services or products will result in the User being banned or blocked from all of Gamio services and products.

    17. Users are prohibited from engaging in harassment or discrimination on the Service based on race, color, religion, gender, national origin, age, disability, sexual orientation, or any other status or characteristic protected by law.

  7. Participation in competitions

    1. All competitions will be governed by these Terms along with any specific rules applicable at the time of the competition’s start. The specific rules for each competition will be available from time to time at the start of that competition. Such rules may be, but are not limited to, any entry fees, the numbers of Users in the competition, duration of the competition, distribution of prizes, etc. When you enter a competition, you acknowledge that you have read and understood in full all the Terms and rules regarding the competitions offered by Gamio as stated in the Service.

    2. You affirm that at the time that you entered a competition, you had no knowledge as to the outcome of the respective competition. Entering competitions about which the User has gained access to insider information is not allowed. Where there is a suspicion of a violation of this rule, Gamio retains the right to void the competition and refuse to pay out winnings. Gamio also retains the right to take any further action to protect its legitimate interests and to comply with other laws and regulations. We retain the right to decline to accept entering any competition without providing any reason.

    3. The list of competitions, their status, and details are available to the User on the Service after login. Any errors or mistakes regarding the details of a competition will not influence its validity. Any entry fee that has been paid cannot be canceled or refunded by the User.

    4. Should a competition for any reason be stopped prematurely, before it finishes as set out by its rules, or before any winnings are distributed, the User will be refunded any entry fee/s paid to that competition.

    5. Gamio calculates the available funds, the pending funds, the funds reserved in ongoing competitions as well as the amount of the winnings. Unless proved otherwise, these amounts are considered as final and are deemed to be accurate.

    6. Gamio will never question you about the relevance of the competitions you wish to enter and will not be held responsible for the possible mistakes that could have been made when entering such competitions, including mistakes regarding the fee/s of the competitions.

    7. Winnings will be paid into the User Account after the final winning result(s) is/are confirmed. However, Gamio reserves the right to set aside any winnings should there be investigations into the result of a competition resulting from a suspicion of undue manipulation, cheating, or criminal activities that may have affected the result of the competition. If the irregularity is confirmed, Gamio retains the right to declare void any related winnings as well as entry fees.

    8. Should Gamio become aware that a User has entered or participated in competitions using an account other than their own single account, all competitions and results, as well as winnings will be voided. Gamio retains the right to take further action as deemed appropriate and necessary.

    9. Communication errors do occasionally happen. Competition results are confirmed only when received on our servers.

    10. Should there be a break in communication after you entered a competition and your entry has been received on our servers, it will still be considered valid. You will be informed that it has been accepted once communication is re-established, at which time the competition may have been settled. If the entry into a competition is not received at our servers then it will not be valid and the amount will not have been deducted from your account. The entry fee for each competition will be specified by Gamio at the time of the competition.

  1. Winnings & Payouts

    1. The number of Users participating in a competition and their relative skills determines the result of the competition.

    2. Winnings from Challenge competitions, whether in Virtual Items or GG currency, will be made available to the User Account usually within one (1) hour of a competition's conclusion.

    3. Challenge winnings are subject to manual integrity checks and compliance processes and may take longer to be placed in the User Account.

    4. Where not intuitively given by the games’ existing dynamics, competition rules, or scoring, the controls and guidelines will be specified by Gamio in relation to the competition before its inception. Any questions or comments regarding this information should be submitted to Customer Support.

    5. It is the responsibility of the User to keep track of winnings and report them to the proper authorities if the User resides in a jurisdiction where those winnings are taxable. Any amounts that are mistakenly credited to the User Account as winnings remain our property and will automatically be transferred from the User Account upon the error being noticed. Any winnings mistakenly credited to the User Account yet withdrawn or used by you will constitute a debt owed by you to us in the amount of such wrongfully attributed winnings.

    6. When you request a withdrawal from the User Account, you may be asked for (i) proof of your identity and (ii) your home address and to verify your identity via a third-party service. If you are unable to provide this to us, to our reasonable satisfaction, we may be unable to pay your requested withdrawal to you.

    7. Payment Methods for withdrawing winnings, and any associated fees or charges, will be made available to you before you request a withdrawal.

    8. If you provide materially misleading, inaccurate, or incomplete information in the User Account, we will be entitled to terminate the User Account and cause you to forfeit any prizes you may have won as well as exercise any legal remedies we may have as a result of such conduct.

    9. We reserve the right to refuse to accept any promotional offers that we make to you and to withdraw them at any time. Any promotional offer that we make is subject to change by us at any time. Any additional terms and conditions that apply to a promotional offer will be displayed in relation to it. By accepting a promotional offer and/or making use of a promotional offer, you are confirming that you agree to its terms and conditions.

    10. Gamio reserves the right, from time to time, to set limits on the maximum amount that Users are allowed to withdraw.

    11. Gamio reserves the right to set limits on the maximum balance of funds on the Users’ Account.

  2. Payment models

Gamio reserves the right to change the fees for the Service at any time or impose additional fees or charges. Information about supported Payment Methods and specific fees and charges will be made available to you before opting into any service or purchase, or agreeing to participate in a competition.

    1. Funds

A User’s Gamio wallet can contain Virtual Currencies (such as “Tickets”, “Tokens”, “Coins”, etc.) called “funds”.

    1. General Entry fee

      1. The entry fee for each challenge will be specified by Gamio at the time of the challenge. Challenge entry fees can only be paid using Virtual Items.

      2. Type of Virtual Currency and amounts needed for participating vary between different competitions and will be indicated in the service before entering a competition.

      3. An entry fee can only be paid/placed by a registered User, over a distance communication device such as a computer, mobile device, or over the Internet.

      4. An entry fee can only be paid/placed if the User has sufficient funds in their User Account. Once paid, an entry fee cannot be amended, withdrawn, or canceled by the User.

      5. An entry fee is deemed to have been accepted as soon as it is received by the Service, validated, and processed.

  1. Virtual Items

Gamio may, from time to time, offer multiple Virtual Items that can be purchased, won, earned, rewarded, and/or used in the Service. Virtual Items come in the form of virtual currencies and virtual goods.

    1. Virtual Currencies

This refers to in-service currencies, such as Tokens, Coins, Tickets, or other forms of virtual currency that can be used within Gamio to purchase goods and/or enter challenges.

    1. Virtual Goods

This refers to items that can be used by you within a game or service to enhance your experience. This might, for example, include access to aesthetic or decorative skins, badges, and items

    1. License use Virtual Items

      1. Unless otherwise specified in the Service, all Virtual Items will be deemed to be an integral part of the service, for in-service use only, and therefore be Licensed Items.

      2. Gamio reserves the right to withdraw, modify, or cause to expire any Virtual Items at any time. Any information regarding the expiration of Virtual Items will be made available in the Service.

      3. Should your User Account be terminated for any reason, your Virtual Items will be forfeited.

      4. You agree that Gamio has no liability to you in the case of modification, removal, or forfeiture of Virtual Items.

  1. Term and termination

    1. These Terms apply from the User’s registration of the User Account either via the website or via the PC app and continue to apply until terminated by either the User or Gamio. The User agrees that Gamio, in its sole discretion and in accordance with these Terms, may terminate the User Account or the User's use of the Service. Gamio may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. The User agrees that any termination of the User access to the Service or any account the User may have or portion thereof may be effected without prior notice, and the User agrees that Gamio shall not be liable to the User or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gamio may have under this Agreement or under law.

    2. You may terminate these Terms at any time and for any reason by going to your User Account web page and following the account closure process, or by submitting a request to Customer Support. Upon termination of the User Account, you must immediately discontinue use of the Services and the Software and the User Account and promptly uninstall and delete all copies of the Software. Immediately upon termination of the User Account, all licenses and rights granted to you under these Terms automatically expire. Your obligation to pay accrued Fees will survive any termination of these Terms.

    3. After termination of your User Account, you will not be able to open a new User Account, but you may under certain circumstances be allowed to reinstate your old account if you wish to do so. You should contact Customer Support to request an account reinstatement.

    4. Any sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

  2. Disclaimers

    1. The Service and any Software made available in conjunction with or through the Service are provided “as is”, “with all faults”, and “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Gamio disclaims that all warranties, express or implied, including, but not limited to, access or use and non-infringement of proprietary rights.

    2. Gamio does not warrant or make any representations regarding the use or the results of the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. Gamio does not warrant that the features contained in the Service and Software will be uninterrupted or error-free, that defects will be corrected, or that the Service, Software, or the server that makes it available is free of viruses, bugs, program limitations, or other harmful components. The User understands and agrees that the User downloads or otherwise obtains material or other data through the use of the Service at the User’s own discretion and risk and that the User will be solely responsible for any damage to the User’s computer system or loss of data that results from such material or data.

  3. Return & complaint rights

    1. Should you wish to raise a complaint or request a refund, please do so by contacting the Customer Support team. We care about your gaming experience and will review your complaint with priority. Gamio is committed to ensuring that any received complaints or disputes are dealt with in a fair, open, and timely manner.

  4. Limitations of liability

    1. Under no circumstances, including, but not limited to, negligence, shall Gamio or its affiliates, contractors, employees, agents, or third-party partners or suppliers, be liable to the User for any special, indirect, incidental, consequential, or exemplary damages that arise out of, relate to or result from the User’s use or the inability to use the company materials, the Service itself (including any loss or disclosure of assets), or any other interactions with Gamio, even if Gamio or a Gamio authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and in such an event, the above limitation or exclusion may not apply to the User. In such cases, Gamio’s liability will be limited to the extent permitted by law.

    2. In no event shall Gamio or its affiliates, contractors, employees, agents, or third-party partners or suppliers’ total liability to the User for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Service and Software (whether in contract, tort, warranty, or otherwise) be higher than the available funds on the User’s Account, and/or an amount equal to the User’s entry fee for the matter in question, whichever is higher.

    3. The above limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than Gamio and received by the User through, or advertised on, the Service or received by the User through any links provided on the Service.

    4. Gamio is not to be held responsible for the consequences caused by the breakdown of any device or software, directly managed or outsourced, which could lead to a total or partial reduction to the access of its services, via the Internet or by phone.

    5. Gamio is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, saturation of telecommunication networks, or natural catastrophe; which could lead to a total or partial reduction to the access to its services, on the Internet or by phone.

  5. Governing law and disputes

    1. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Croatia, without regard to choice or conflicts of law principles.

    2. You and Gamio agree to resolve any dispute arising out of or in connection with this Agreement through informal negotiations foremost. If such negotiations are not successful, the dispute shall be finally settled by the courts of Croatia with the Zagreb District Court (Trgovački sud u Zagrebu) as first instance, without prejudice to your right of recourse to other courts under applicable law to resolve any dispute, claim or controversy that arises out of or in connection with these Agreements.

    3. The User agrees that any claims subject to dispute must be made in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, in so far as permitted under mandatory law.

  6. Assignment

    1. Gamio has the right to assign these Terms or any part of them, and Gamio may delegate any of its obligations under these Terms. You may not assign these Terms or any part of them, nor transfer or sublicense your rights under these Terms, to any third party.

  7. Severability

    1. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  8. Entire agreement

    1. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms or guidelines made by Gamio.

  9. Waivers of our rights

    1. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

  10. Miscellaneous

    1. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Gamio without restriction.

    2. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.