GBE GAMES Terms of Use

This agreement (hereafter referred to as "Agreement") constitutes a binding contract between you and GBE ENTERTAINMENT LTD. and governs your use of gbegames.com, its associated webistes and games operated and/or published by GBE ENTERTAINMENT LTD (hereafter referred to as the "Service", collectively). By registering as a member and accepting this Agreement, you represent that: (i) you have read and understood this Agreement and agree to be bound by its terms and (ii) that you are at least 18 years of age. (iii) If you are under the age of 18, but are at least 13 years of age, you agree that you have the consent of a parent or legal guardian who agrees to be bound by the GBE GAMES Terms of Use. Children under the age of 13 may not use this Service for other than browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Service.

The terms of this Agreement may be amended by GBE GAMES from time to time at its sole discretion and a copy of such amended terms will be posted at http://corporate.gbegames.com. If you object to such amended terms, your sole remedy is to refrain from using the Service. You will be deemed to have accepted the Agreement as amended 30 days after the amended terms are posted if you continue to use the Service. In the event of such amendment, all other terms of the Agreement will remain in effect.

Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through our website should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.

We reserve the right to deactivate your account or suspend use of the Service for any reason. No user of the Service may (1) take any action that imposes an unreasonable load on the site's infrastructure; (2) use any device, software or routine to interfere with or attempt to interfere with the proper working of the site or any activity being conducted on the site, (3) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the Service; (4) delete or alter any material posted by any other person or entity; or (5) frame or link any of the materials or information available from the Service.

Information and materials posted by us are provided for general reference only and where permitted by law, are not warranted to be free from errors, other deficiencies or potential interruptions. In addition, the site may be used by others to post information and materials, including changes or additions; we give no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication that they have been validated by GBE GAMES or represent the views of GBE GAMES. GBE GAMES does not monitor all submissions to the site, but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other GBE GAMES policies. When retrieving information, Digital Downloads or services from our site, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents or any extraction or navigation search except for a normal browser, (2) aggregating, copying, or duplicating any of the materials or information available from the site, or (3) accessing data not intended for You.

Information Provided by You

If you submit information to our site, you agree not to (1) post or transmit anything that is defamatory, libellous, abusive, unlawful, obscene, threatening, fraudulent, pornographic or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit pyramid schemes, chain letters, or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; or (5) contact other site users through unsolicited e-mail, telephone calls or any other method of communication.

Registration

In order to become a Member to the Service you must register and provide specified information. You represent that your registration information will be current, complete and accurate at the time you register and that you will update it as necessary. For registration and sign-in purposes, you will select a password. You agree that you will not allow others to use your Member name, password and/or account.

Termination of Usage

GBE GAMES may terminate or suspend your access to all or parts of the Service without notice, for any conduct that GBE GAMES at its sole discretion, believes is in violation of this Agreement or applicable law, or is detrimental to the interests of another user or any third party. In such case, GBE GAMES shall have no liability to You.

Intellectual Property Rights

You agree that all content on the Service, including text, graphics, photographs, musical compositions, sound recordings and other material (hereafter referred to as the "Content") and the selection, coordination, arrangement and enhancement of same, is the exclusive property of GBE GAMES or the property of content suppliers to GBE GAMES and is protected by copyrights, trademarks and/or other proprietary rights under the laws of Canada and other countries. All present and future copyrights, trademarks and other proprietary rights in and to the Content shall, as between you and GBE GAMES, at all times be and remain the exclusive property of GBE GAMES and its content suppliers. You may not create any derivative works based on the Content or otherwise use the Content except as expressly authorized herein. The Service includes materials whose proprietary rights, copyrights and trademarks are owned by third parties. Use of such materials is prohibited without written permission from the owners of such materials.

Ownership

For all games, properties, titles, and services operating under GBE GAMES, including but not limited to and without limitation; user accounts, game/computer code, game items/objects, characters, character names, character profile information, clans/guilds and their names, game replays/recordings, art, game assets, music, visual effects, documentation, story, game sounds, chat room transcripts, or anything else provided by this Service are owned by GBE GAMES and/or its respective developers and partners. This Service is protected by Canadian and international laws, and may contain certain licensed materials in which licensors of GBE GAMES may enforce their rights in the event of any violation of this Agreement.

Restrictions on Use

You agree to use the Content only for personal, non-commercial, lawful purposes and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. With respect to GBE GAMES downloading services, GBE GAMES grants you a limited, non-exclusive, non-transferable, revocable right to receive by download and/or copy, as applicable, selected portions of the content to your personal computer only.

Disclaimer of Warranty

Your use of the Service is at your sole risk. The content is provided "as is" and where permitted by law, GBE GAMES makes no warranty of any kind, express or implied. As to the accuracy or completeness of the content, including, but not limited to, implied warranties of merchantability, non-infringement, title or fitness for a particular purpose or use. GBE GAMES does not warrant that the Service is compatible with your equipment or is free of errors, viruses or other defects and is not liable for any damages you or any third party may suffer as a result thereof.

Limitation of Liability

Under no circumstances, where permitted by law, including, but not limited to negligence, shall GBE GAMES be liable to You for any direct or indirect, punitive, special, incidental or consequential damages allegedly sustained by You or any third parties from your use of the Service or the content or your inability to access or use the service. Some jurisdictions do not allow the exclusion or limitation of liability for punitive, consequential or incidental damages. In such jurisdictions, GBE GAMES's liability is limited to the greatest extent permitted by law.

Linking

GBE GAMES may provide hyperlinks to other websites maintained by third parties or may provide third party content on the Service by framing or other methods. The fact that GBE GAMES provides a link to a third party website does not mean that we endorse, authorize or sponsor that website. The links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control and we are not responsible for the content of linked websites, including any further links contained in a third party website. If you decide to access any of the third party websites linked to the service, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party website to which you link is free of computer viruses and other items of a destructive nature.

Representations and Warranties

You represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted herein for any unlawful purpose; and (iii) shall use the Service and the Content only as permitted by this Agreement.

Indemnity

You agree to indemnify and hold harmless to GBE GAMES and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorney's fees and court costs) arising from or relating to your use of the Content or the Service, including, without limitation, allowing others to use your member name, password and/or account.

Governing Law

Where permitted by law, this Agreement shall be governed and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to conflicts of law principles. You agree to submit to the personal jurisdiction and venue of the Provincial and Federal courts located in Ontario, with respect to any legal proceedings relating to this Agreement and waive any objection to the propriety or convenience of venue in such courts.

Refund Policy

All merchandise sold through GBE GAMES related websites is "virtual" and intangible, and therefore cannot be returned. Since game play itself is free to registered users, GBE GAMES will process any request for refund, made within 72 hours of purchase, to a new registrant who finds the overall gaming experience does not meet expectations. Said player will immediately be de-registered and may not be permitted to participate in further play.

Entire Agreement

This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement whether written or oral.

Language Clause

The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y afférent soient rédigés en langue anglaise.

[1.0] Account

An account is issued to a player in accordance with the "GBE GAMESTerms of Use". This section of the document further discusses the legal actions which will be executed on an account due to any violation. Each account holder must respect all other players in a professional and courteous manner and is fully responsible for all violations incurred by his/her account.

[1.1] Warning

A warning is issued to a player for an offense which is considered a minor illegal act, most common violation due to lack of knowledge or harmless offense which may be easily prevented. This is a cautious response to the player to keep their eyes open and acknowledge that he/she has performed an illegal act. If a similar act(s) is continued, a second level of action will be conducted in accordance with the account policy.

[1.2] Account Banning

Account banning is described as when a user's account has been blocked from the game servers and/or the GBE GAMES forums. The duration of an account ban is determined by the GBE GAMES staff depending on the type of violation committed and the level of damage caused as a result of the violation. Account banning may or may not occur following a warning depending on the severity of the violation. Repeated cases of violations leading to multiple account bans throughout the history of one account may result in extended ban durations in the future. The purpose of account banning is to ensure players understand the importance of a violation free environment.

[1.3] Account Closure / Permanent Account Banning

Account closure is by far the highest level of punishment to an active account. This course of action is utilized in situations where an offense may not be tolerated any further. In other words, the offender has far exceeded the point in which any suspension is applicable.

Upon completion of an account closure, the entire account will be permanently locked so that no further changes may occur on it. In rare cases, the IP address related to the locked account may also be blocked from entering the game servers or the GBE GAMES websites. Severe illegal acts, especially for violations due to hacking or the use of illegal 3rd party programs or services, may lead to account closure without prior warning.

If your account is closed for any reason, you will lose any characters created and items accumulated on that account. You will not have the right to transfer, sell, or assign any characters or items to anyone else. You will not be entitled to a refund of any sort.

The offending account holder and all other members of the GBE GAMES community are prohibited to dispute in public the circumstances surrounding an account closure. Users who wish to discuss their ban should contact support via the GBE GAMES Support Center.

We reserve the right to close your GBE GAMES account immediately and without notice, if you, at our sole discretion, violate or breach the Terms of Use, or the Rules of Conduct outlined on the GBE GAMES forums. We reserve the right to terminate any and all other accounts that share any of the offending account member's information.

[1.4] Chat Block

The in-game chat window is the main medium of communication amongst players in-game. Currently, the chat window allows players to exchange information through different levels which determine who may see the messages in respect to a range. These messages are constantly filtered for profanity. However, players often find ways to send messages using distinct words which do not get filtered. These players are at a risk of having their account temporarily banned for harassment. Hence, it is very important to use appropriate terms of communication while respecting the rights of other players at all times. Players who are identified as presenting offensive, inappropriate, aggressive, racial, discriminative, sexual, violent or any other language we define as unacceptable will be warned first. If this behavior continues, the user's account may be banned for a period of time.

[2.0] Character Naming Conventions

Character names are the only way of referencing a player in the game environment. These names may be meaningful and attractive. However, they may not portray content that is considered pedophiliac, racial/ethnic, sexual, violent, national, sexual, and Obscene/Vulgar. Names should not be designed in such a way as to avoid tracking by the use of odd letter combinations such as 'W' and 'V', 'O' and zeros, 'L' and 'I', which cause reading names to be difficult.

The first impression other players have of you will be based on your character's name, so it's best to start off on the right foot. While choosing the name for your character is left to your discretion, we have determined that some types of names are not allowed in this game, forum, or any other part of GBE GAMES. GBE GAMES reserves the right to delete, change, and in any way alter a character's name and/or clan/guild/group name at any point as seen fit, and these decisions cannot be contested. If a user would like to change their name to something else the only way is through the use of "Name Change" cards or items as provided by each game in question, these items will in most cases require a monetary fee to obtain and will not be available in any other way.

[2.1] Sexual Content

Character names which imply sexual content of any kind are inappropriate and thus not tolerated. This may include words describing sexual behavior or imagery.

[2.2] Racial/Derogatory/Discriminative/Disability Terms

Racial, derogatory, discriminative and/or disability terms are offensive and not attractive to other players in the game. Such names which depict any type of the above mentioned content either implicitly or explicitly is prohibited by rules that govern this convention.

[2.3] Harassment

Character names that portray any kind of harassment at any degree are not tolerated and will be considered a serious offense.

[3.0] PvP (Player versus Player)

Every player must respect and realize that each player has equal rights in the game. Therefore, battles may not be initiated through the means of compelling or continuously attacking someone if they are not interested in the battle. Players who constantly violate this rule will be punished accordingly. Items that are lost as a result of PvP combat will not be restored or refunded.

[4.0] Impersonation

The term impersonation is an implication of the act of mimicking another player, GMs (Game Masters) or administrators. This course of action often leads to misunderstanding, fraud or other illegal operations. If at any time a player is identified as a participant in the above act, he/she will be punished according to the degree of imitation as well as the consequence of the act. Be very cautious concerning your behavior within the game environment as some acts may result in a severe penalty regardless of status.

[5.0] Harassment

Harassment is behavior intended to upset other players or Game Masters. All forms of harassment are punishable by a temporary account ban, and can result in a permanent bans upon repeated offence. Certain types of harassment such as racial harassment may result in permanent bans without warning. Types of harassment include (but are not limited to) bullying, psychological harassment, racial harassment, religious harassment and sexual harassment.

GBE GAMES will judge each case of harassment individually and will take appropriate action at our sole discretion.

[5.1] False Reports

We treat real life threats very seriously, and we will not allow false reports. Any account found to abuse this system may be subject to temporary or permanent suspension.

[6.0] Scam

The term scam applies to the gaining of any kind of advantage, item, property or information through the use of deception. Necessary actions will be taken to prevent any kind of scam. To prevent Your susceptibility to scams, never give out your personal account information to anyone.

[6.1] In Game Scams

These include scams meant to mislead players within the actual game environment. They include the following: impersonating a guild member, party member, friend or any other team member to exchange valuable item(s), advantage, or information. GMs (Game Masters) will never request a player's password or other personal information within the game environment. Never provide any information (or an in-game item) to anyone including, but not limited to, your family members and friends. Please keep your account information secure. We do not take any responsibility for player loss related to account information and security.

[6.2] Other Scams

Other scams relate to external accounts. Any player who utilizes outside means of obtaining information, items or property (including user accounts) will fall under this category of scam. These scams may include: using fraudulent emails to obtain passwords or other account information, the selling or buying of user accounts and the use of unauthorized real life transactions to buy an in-game item or gain an in-game advantage. We do not take responsibility for any player's loss due to unauthorized real life transactions between two or more players.

[6.3] Item Mall Scams

GBE GAMES does not authorize any trading of Item Mall equipment for gold, items, or any other in-game benefit. The Item Mall is intended only for the personal use of players. GBE GAMES does not take any responsibility for a player's loss due to unauthorized transactions executed between two or more players involving Item Mall equipment. In cases where scams are suspected, Equipment, gold, and/or Item Mall benefits will not be recovered or restored. Players who are found to be utilizing the Item Mall for scams will have their accounts suspended and/or permanently banned. Players who are involved in charge-backs and/or other fraudulent activities related to our Item Mall will be reported to the relevant legal authorities and their accounts will be permanently banned. Players who receive Item Mall gifts related to these fraudulent activities will also have their accounts suspended and/or permanently banned. Players are required to report any Item Mall gifts they receive from suspicious senders. Failure to report these Item Mall gifts will result in a permanent ban if/when the sender is involved in a chargeback or any other fraudulent activity.

[6.4] Tips to Avoid Scams

[1] Do not give out any personal or account information to anyone in the game or outside of the game via email or through any medium.
[2] Always keep your account information safe and secure.
[3] Always report suspicious players who appear to be conducting these activities in order to avoid future scams.

[6.5] Trading

In selected GBE GAMES titles, gifting cash items is enabled as a feature. A player's use of the "gifting" feature is done entirely at their own risk. It is not recommended that players use the gifting feature as a means to trade items. This can lead to potential scams and lost items. Items lost due to use of the "gifting" feature in selected GBE GAMES titles will not be refunded under any circumstance. It is highly recommended that you send gifts only to friends and people who you know in real life.

[7.0] Cheating/Hacking

Cheating and hacking are two critical problems which are utilized during numerous online gaming activities to gain an unfair advantage. GBE GAMES does not tolerate any kind of cheating or hacking. If a user is suspected of hacking, their information, including their current IP Address, will be recorded for future reference and investigation and their account will be suspended/banned.

Hacking, and other related activities, are illegal in accordance with the "GBE GAMES Terms of Use" and necessary corrective actions will be taken in all cases. For instance, a permanent ban of player suspected to be hacking may be issued without any means for appeal. It is extremely important to follow all the rules of conduct during game play and when using the GBE GAMES websites or forums.

All rules and regulations governing game policy are set by GBE GAMES and must be followed without violation. GBE GAMES reserves the right to change or add other rules should the need arise. Moreover, GBE GAMES also reserves the right to alter or permanently ban any player's account with or without any notice at any time for any reason should the need arise. In addition, GBE GAMES reserves the right to record all necessary information while keeping an active log of fraud or any illegal activities detected at any time. Each player, by engaging his/her self in the Service agrees to follow all the above rules as they are set forth.

[8.0] Lost Items

GBE GAMES does its very best to provide an uninterrupted online game experience, though sometimes unforeseen events, such as technical difficulties, may result in lost items or progress.

Unfortunately, GBE GAMES cannot restore progress to your character lost due to technical error, though we can, in some cases, restore lost items. For the time being there is no limit to how many times a player may request recovery for a lost item, but some strict restrictions will apply.

We will only restore items which were lost due to technical error and not those caused by human error (such as accidently dropping items on the floor, accidently selling the item to another person or NPC, or items lost as the result of being hacked for not properly securing personal account information). We will only restore an item if we can determine without a doubt that the item was in fact lost due to a technical error on the game server side. We cannot guarantee that the exact state of the item at the time it was lost will be restored to you and we reserve the right to refuse the restoration of lost items at any time. Lost items must be reported within 7 days of disappearance in order to be considered eligible for restoration. The item you possessed must have been in your character's personal inventory/bag for at least 24 hours in order to be recovered.

[9.0] Charges and Fees

Some GBE GAMES products and services are subject to fees. The following outlines customer transaction and usage rights as it pertains to GBE GAMES products and services that are sold via the GBE GAMES websites and its affiliates and/or game-related websites.

[9.1] Virtual Currency

Some or all games under GBE GAMES may offer the ability to use and/or obtain virtual currency to purchase/license items and/or services. This virtual currency can only be used in intended game titles and may not be used in any game not designated by GBE GAMES, the game's developer, or publisher. You may be required to pay real currency in order to obtain certain types of virtual currency. GBE GAMES reserves the right at its sole discretion to change or alter the value of virtual currency or other online currencies you purchase for any given amount at any time. All changes to these values will not require any prior notice but will be reflected in the new values at the time of purchase. No refunds will be given at any time for incorrect buyer perception of the values given. Your purchase of virtual currency or other online currency is final and shall under no circumstances be refundable, exchangeable or transferable including, without limitation, termination, suspension, and/or banning of your GBE GAMES account for any reason, termination of this agreement, and/or the discontinuation of the services. We have no obligation or responsibility to and will not reimburse you for any virtual in-game items lost due to your violation of the GBE GAMES Terms of Use.

[9.2] Chargebacks

Accounts that have incurred chargebacks will receive a penalty fee of $10 USD per chargeback received. Reversal of account closure can be made through full payment of the original purchase order, including the penalty fee, in the form of a money order; unless stated otherwise by the staff of GBE GAMES. All payments should be in US dollars and must be accessible in Canada.

All payments are to be mailed to the GBE GAMES head office, and must include a detailed description of all the accounts related the charge. Please note all chargeback accounts will remain closed until we receive your payments.

If you require further information, please contact Customer Support via the GBE GAMES website.

[9.3] Fees Charged by Third-Party Sites including survey sites/providers such as BMG Survey, SuperRewards Survey, etc.

GBE GAMES may, at times, provide links to other third-party website or services. Some of these websites and/or third-party vendors may provide content, goods and/or services, or methods of obtaining virtual currency/items for our games and/or may charge separate fees, which are not included in any fees that you may pay to GBE GAMES. GBE GAMES has no control over any of their pricing structures or methods of payment including but not limited to SMS payments or the divulging of private information that some of these sites may require. GBE GAMES is not affiliated with these sites and has no access to account information of their users and does not recommend the divulging of private information. Users should take any precautions they deem necessary to protect their privacy when using these third-party sites. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. GBE GAMES makes no guarantees, representation, or warranty regarding any content, goods and/or services provided by any third-party.

[9.4] Payment Options

PayPal
If you do not have a PayPal account, you may set up a free account at www.paypal.com. GBE GAMES is not affiliated with PayPal and has no access to account information of PayPal users.

PayByCash
PayByCash enables you to pay for purchases without a credit card. GBE GAMES is not affiliated with PayByCash and has no access to account information of PayByCash users.

ClickandBuy
ClickandBuy enables you to pay for purchases by credit/debit card, direct debit, online bank transfer and cash funding. GBE GAMES is not affiliated with ClickandBuy and has no access to account information of ClickandBuy users.

BuddieShops
BuddieShops enables you to pay for purchases using PayPal, MoneyBookers, Google Checkout and Paysafecard. GBE GAMES is not affiliated with BuddieShops and has no access to account information of BuddieShops users.

Prepaid Cards
Prepaid Cards allow you to pay for purchases by buying these cards from store fronts and online stores or other methods.

Redeem Code
Certain payment methods may provide you with a Redeem Code that enables you to pay for purchases using various methods depending on the supported site.