Terms of service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY GAMES WITH ATTITUDE, Bvba (“OJOO”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://OJOO.COM AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY OJOO. Ojoo operates a platform for which most of the content is provided by members. Members are persons who agree with these terms and conditions and who are allowed to use the Website. All members are responsible for your login credentials and for all content they post. Non-compliance with laws, regulations and these terms and conditions may result in termination or suspension of use of the Ojoo platform.

1. CONSENT

The website Ojoo.com (the “Website”) is owned by Games With Attitude NV, a company registered in Ghent, Belgium with company number 0545.802.469, established at 9000 Ghent, Belgium Woodrow Wilsonplein 21, phone number 0032/9.398.39.80 By using the Website, members agree to these terms and conditions. In case a person does not agree with the terms and conditions, this person will not be allowed to use this Website and can be held liable for all consequences of such an irregular use.

2. MEMBERSHIP

In order to use the Website members need to use a name, an e-mail address and a password of their choice. The name used by members can be a fantasy name and Ojoo doesn’t need to consider it as a disclosed element of privacy. All other content posted on the Website by members can be based on fantasy and will not be considered as a disclosed element of privacy. All information used or posted by members including texts in writing, sounds, pictures, designs, video or other information or content will be from the moment on it is posted or used on the website, free for the exclusive use by Ojoo.

3. OBLIGATIONS FOR MEMBERS

Members are solely responsible for any activity that takes place under their chosen name, password or account, keeping their password secure and confidential. It is strictly prohibited to abuse, harass, threaten, impersonate, or intimidate other persons (whether Users of Ojoo or not) or use any information obtained from Ojoo to do so. It is strictly prohibited to use Ojoo for any illegal or unauthorized purpose. Members are obliged to comply with the all applicable laws and regulations regarding the use of Ojoo, its services and Content. Members can only post content that does not infringe other people’s intellectual property or portrait rights. By posting content, members confirm that this content is free of all intellectual property or portrait rights and can be used freely by Ojoo. No one is allowed to create or submit unwanted e-mail (“spam”) through Ojoo to other Users or third parties, to install computer viruses and other malware, to abuse or exploit bugs, undocumented features, design errors or problems in Ojoo’s services, to interfere or attempt to interfere with the proper working of Ojoo’s services or any activities conducted on through Ojoo’s services or other measures Ojoo may use to prevent or restrict access to its services.

4. CONTENT POSTED BY MEMBERS

Members are strictly prohibited to upload, post, transmit or otherwise distribute (including by emailing) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, obscene, libelous, invasive of another’s privacy, hateful, embarrassing, harmful to minors, or racially, ethnically or otherwise objectionable to any other person or entity. It is strictly prohibited to reverse engineer, decompile, or attempt to extract the source code of the software associated with Ojoo’s services. Members are not allowed to modify, adapt or hack Ojoo, its services or technology (or let third parties do so). Neither to modify any other website as to falsely imply that it is associated with Ojoo. It is prohibited to use any robot, spider, scraper or other automated means to access Ojoo’s services for any purpose, frame the Website or any portion of Ojoo’s sites on another website or mobile application, take any action that imposes, or may impose in Ojoo’s sole discretion an unreasonable or disproportionately large load on its infrastructure. Since Ojoo prohibits the conduct as set out in this clause, members agree and understand that Ojoo cannot be held responsible for members’ conduct and the Content members publicize (or have publicized) on Ojoo. Members also acknowledge and agree that their personal data used on this website will be made public and will be free for further use by Ojoo exclusively.

5. LIABILITY

Ojoo cannot be held responsible for any content of its members or if its services do not meet expectations. Ojoo provides no explicit or implied guarantees on the reliability, safety or continuity of this service. All liability of Ojoo, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of the use of the site, service, content, user submissions is expressly excluded to the fullest extent permitted by law. Save that, if a court of competent jurisdiction determines that liability of Ojoo, its directors, employees, agents, representatives, partners, suppliers or content providers has arisen, the total of such liability shall be limited in aggregate to fifty dollars (50$). To the maximum extend permitted by applicable law, in no event shall Ojoo, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict, liability, negligence or any other legal or equitable theory or otherwise (and whether or not Ojoo, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content, user submissions for: Indirect or consequential losses or damages, loss of actual or anticipated profits, loss of revenue, loss of goodwill, loss of data, loss of anticipated savings, wasted expenditure or Cost of procurement of substitute goods or services. Nothing in these terms of use shall be deemed to exclude or limit member’s liability in respect of any indemnity given by them under these terms of use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to members. In such cases, Ojoo’s liability will be limited to the fullest extent permitted by applicable law. Solely in respect of users located in European economic area (EEA) and/or Australia, nothing in these terms of use shall be deemed to exclude or limit Ojoo’s or member’s liability (as applicable) in respect of:

  • Death or personal injury arising as a result of Ojoo’s or member’s negligence (as applicable)
  • Fraud (including fraudulent misrepresentations), theft or other criminal activity; or
  • Any breach of any obligations implied by section 12 of the sale of goods act 1979 or section 2 of the Supply of goods and services act 1982.

Members agree to indemnify Ojoo against all third party claims (including legal fees paid on Ojoo’s behalf) arising from and/or relating to members’ use of the Website, information and/or other material posted on the Website by members and/or arising from or due to any breach of contract. By disclosing the Content on the Website, members grant Ojoo a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense and make derivative works of this Content, in any format or medium as known now or developed in the future, solely on and through Ojoo and subject to these Terms of Use. Members represent and warrant that they have sufficient rights to grant this license. In case of a claim by a third party members indemnify Ojoo against all claims concerning the Content disclosed by members or through members’ account. Removal of member’s account on Ojoo – regardless of its reasons – does not terminate this license – unless this license appears to have been granted wrongfully or unlawfully – nor does it end member’s obligations and liability as set out in this clause. Ojoo reserves the right to hold members liable for all (financial and other) consequences. All payments executed on the Website will bind a member irrevocably. The service they pay for will be provided immediately so there is no time for reconsideration. Annulation or dissolution of the agreement between a member and Ojoo gives no right to any refund whatsoever since the service members pay for is provided immediately. By downloading, using or viewing the service provided by Ojoo, members consume the service they pay for. The agreement between members and Ojoo, comprising these terms and conditions, shall be governed by Belgian law, without reference to its conflict of law rules. In case of any dispute concerning this agreement or the use of the Website, the courts of Ghent, Belgium will have jurisdiction.

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