Gamecarte

About | Privacy Policy | Terms of Service (TOS) | Subscriber Agreement | Contact

 

About

Gamecarte is a new website designed for people who like games that challenge them and help exercise their mind. We wanted to create a smart, dynamic place where everyone can connect with likeminded people from all over the world. Gamecarte uses “video games” as a very effective learning tool, business tool and scientific tool.

 

Privacy Policy

This policy covers how Gamecarte treats personal information that Gamecarte collects and receives, including information related to your past use of Gamecarte products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number and that is not otherwise publicly available. This policy does not apply to the practices of companies that Gamecarte does not own or control or to people that Gamecarte does not employ or manage. In addition, certain Gamecarte services may have their own associated privacy statements.

Collecting Information

Gamecarte collects personal information when you register with Gamecarte, when you use Gamecarte products or services, when you visit Gamecarte pages or the pages of certain Gamecarte partners, and when you enter promotions or sweepstakes. Gamecarte may combine information about you that we have with information we obtain from business partners or other companies. When you register we ask for information such as your name, email address, birth date, gender, Country. Once you register with Gamecarte and sign in to our services, you are not anonymous to us. Gamecarte automatically receives and records information on our server logs from your browser, including your IP address, Gamecarte cookie information, and the page you request. Gamecarte uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

 

Your Information

You can edit your Gamecarte account information at any time. We reserve the right to send you certain communications relating to the Gamecarte service, such as service announcements, administrative messages and the Gamecarte Newsletter, that are considered part of your Gamecarte account, without offering you the opportunity to opt-out of receiving them. You can delete your account by contacting Gamecarte.

 

Confidentiality and Security

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that protect personal information about you.

 

Protecting Your Information

Gamecarte does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

• We provide the information to trusted partners who work on behalf of or with Gamecarte under confidentiality agreements. These companies may use your personal information to help Gamecarte communicate with you about offers from Gamecarte and our marketing partners. However, these companies do not have any independent right to share this information.
• We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
• We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Gamecarte's terms of use, or as otherwise required by law.
• We transfer information about you if Gamecarte is acquired by or merged with another company. In this event, Gamecarte will notify you before information about you are transferred and becomes subject to a different privacy policy.

Policy Updates

Gamecarte may update its Privacy policy without prior notice.

Terms of Service (TOS)

Gamecarte provides its service to you subject to the following terms and conditions (the "Terms of Service"). Gamecarte may also offer other services that are governed separately by their own Terms of Service.

Services

Gamecarte provides a collection of content, tools, resources and technologies that enable users to enjoy online games and its surrounding culture (the “Service”). You understand and agree that the Service is provided “AS-IS” and that Gamecarte does not assume any liability for personal information stored through our Service. You accept that the Service may include advertisements. Gamecarte reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gamecarte shall not be liable to you or to any third party for any suspension, modification or discontinuance of the Service.

 

Registration

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Gamecarte has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gamecarte has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Gamecarte is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians of children under the age of 13 who wish to allow their children access to the Service must create an account that is maintained by a legal guardian of at least 18 years old and monitor the child's usage. By allowing a child access to your account, you also give your child permission to access all areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content is appropriate for your child.

 

Member Accounts

While portions of the Service do not require registration, you may register as a user of Gamecarte to enjoy greater access or privileges. If you choose to register you will receive a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gamecarte of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Gamecarte cannot and will not be liable for any loss or damage arising from your failure to protect your account.

You acknowledge, consent and agree that Gamecarte may preserve, access and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; (d) respond to claims that any Content violates the rights of third parties; or (e) protect the rights, property or personal safety of Gamecarte, its users and the public.

Account Limitations

You acknowledge that Gamecarte may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, uploaded Content, message board postings or other will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Gamecarte’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Gamecarte has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Gamecarte reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Gamecarte reserves the right to modify these general practices and limits from time to time.

 

Termination

You agree that Gamecarte may, under certain circumstances and without prior notice, immediately terminate your Gamecarte account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) extended periods of inactivity, (e) unexpected technical or security issues or problems, (f) discontinuance or material modification to the Service (or any part thereof), extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Gamecarte account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Gamecarte’s sole discretion and that Gamecarte shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

 

Member Conduct

You agree to not use the Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, unfounded, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• "stalk" or otherwise harass another;
• threaten or harm minors in any way;
• impersonate any person or entity, including, but not limited to, a Gamecarte representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
• intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Gamecarte username), use of the Service, or access to the Service. You agree that your Gamecarte account is non-transferable.

Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Gamecarte, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Gamecarte does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Gamecarte be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge that Gamecarte may or may not pre-screen Content, but that Gamecarte and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Gamecarte and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Gamecarte or submitted to Gamecarte, including without limitation information in Gamecarte forums and in all other parts of the Service.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Gamecarte and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Gamecarte does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Gamecarte the following worldwide, royalty-free and non-exclusive license: that any Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, publish, translate, publicly perform, distribute, reproduce, modify, adapt and publicly display such Content (in part or in whole) and to incorporate such Content into other works in any format or medium now known or later developed.

Indemnity

You agree to indemnify and hold Gamecarte and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any demand or claim, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

 

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Gamecarte shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Gamecarte has no control over such sites and resources, you acknowledge and agree that Gamecarte is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Gamecarte shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Gamecarte or advertisers, you agree not to modify, rent, lease, sell, loan, distribute or create derivative works based on the Service or the Software, in whole or in part.

Gamecarte grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer and mobile phone; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any form or manner, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Gamecarte for use in accessing the Service.

Trademark Information

All Gamecarte trademarks and service marks and other Gamecarte logos and product and service names are trademarks of Gamecarte CC. Without Gamecarte's prior permission, you agree not to display or use these trademarks in any manner.

 

General Information

The Terms of Service constitutes the entire agreement between you and Gamecarte and governs your use of the Service, superseding any prior agreements between you and Gamecarte with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Gamecarte services, affiliate services, third-party software or third party content. The TOS and the relationship between you and Gamecarte shall be governed by the laws of the Namibia without regard to its conflict of law provisions. You and Gamecarte agree to submit to the personal and exclusive jurisdiction of the courts located within Windhoek, Namibia .The failure of Gamecarte to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAMECARTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• GAMECARTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.  
• A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMECARTE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMECARTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMECARTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Subscriber Agreement

Paid subscriptions to Gamecarte and other services on this site are governed by the following terms and agreement:

 

Payments

Payments for subscriptions can be made via PayPal. All subscriptions are in US dollars.

 

Services

Subscribers are guaranteed to receive the services outlined on the subscription page for the duration of their subscription. Services are effective and available immediately upon receipt of payment.

 

Upgrades/Downgrades

Upgrading can be done at any time and the upgrade price will be prorated according to the time used and time remaining. The upgrade price will show in the checkout process/cart. Downgrades are not available until after the expiration of the original subscription.

 

Refunds

No refunds will be offered on any subscription products with the exception of yearly subscriptions that are cancelled within 7 days of a renewal. Refunds will NOT be given to subscribers who are banned from the site due to violating the Terms and Conditions of site use (abusive behavior, cheating, etc).

Contact

If you have any questions regarding the above policies please Contact us

Gamecarte
PO Box 86004
Windhoek, Namibia