AGB

Terms of Use of gamigo Inc.

gamigo Inc. (“gamigo”) provides a range of online games, online retail store services, access to gamigo websites, services that permit you to create your own profile page, forums for your participation, space in which to post your own content, and other services (collectively, the “Services”). These “Terms of Use” set forth the legal and binding terms and conditions under which access to the Services are provided to you as well as terms for the purchase of real and virtual goods online. Various online games offered by gamigo may also have specific rules of conduct (the “Rules of Conduct”) for participation; those rules, as well a other materials that we may provide from time to time, should be carefully reviewed for additional provisions that relate to the use of those online games.

General Section

1. Terms of Use and Amendments

1.1. These Terms of Use may be downloaded to a hard drive or printed.

1.2. gamigo reserves the right to amend or supplement these Terms of Use at any time. Unless otherwise later provided, amendments and supplements become effective at the time that they are posted. We may post a notice of impending or implemented amendments or supplements on any of our websites or send you an email, but we urge you to review the posted Terms of Use periodically for revisions.

1.3. If you do not wish to accept the Terms of Use as so revised in any material way, you may, within thirty (30) days following the revision, terminate any subscription you may have under the Terms of Use, paying only the amount owed for the actual length of the subscription. The original Terms of Use shall continue to apply as to any remaining rights or obligations concerning your relationship with gamigo, your use of Services and your purchases from gamigo.

2. Third-Party Providers

These Terms of Use do not regulate any matters relating to the goods or services of third parties, including Internet access providers and any third parties whose goods or services you obtain for use on any of our websites or online games or whose goods or services may be obtained through links to any of our websites. Those providers should be consulted for information about their terms of use for the goods and services offered by them. If any third-party goods or services are obtained via an online store maintained by gamigo, these Terms of Use shall apply as to our provision of those online store Services for the purchase or delivery of those good or services. Please see Part B of these Terms of Use for conditions governing sales at gamigo online stores and elsewhere on gamigo websites.

3. Changes in Pricing

Prices for goods and services available through gamigo websites may fluctuate and may change without prior notice. Changes in subscription prices may take place upon thirty (30) days’ notice either by a posting by us on the applicable website or in an email or text alert to you.

4. In-Game Property

gamigo online games are intended for personal enjoyment and not for use in connection with commercial enterprises or for profit-making activities. The purchase and sale of avatars and in-game property for real cash or in exchange for real goods or services or in any way other than within the game as part of authorized game play is prohibited. Please see below for further limitations, and please consult the Rules of Conduct for any online game that you access and play for any additional provisions.

5. Use By Minors

gamigo online games are designed and presented for play by persons aged thirteen and older. Minors aged twelve and under should not be given access to gamigo online games. Minors aged thirteen or older may establish accounts of their own, with the consent of their parents or legal guardians; we reserve the right to require proof of that consent at any time and to terminate access to any minor who cannot expeditiously provide it to us, to our reasonable satisfaction. If you are the parent or legal guardian of a minor who is thirteen or older, you may establish accounts for Services for the child in your own name, but you may be held fully responsible for the child’s conduct in the use of the Services, regardless if supervised or authorized by you.

6. Limitation of Liability

6.1. GAMIGO, ITS PARENT AND SUBSIDIARY ENTITES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, REPRESENTATTIVES AND AFFILIATES CANNOT GUARANTEE THAT WEBSITES AND SERVICES SHALL BE AVAILABLE WHEN ACCESSED OR SHALL BE ERROR, VIRUS OR BUG FREE, AND NOT OF THEM SHALL BE LIABLE TO YOU FOR ANY DAMAGES AS A RESULT OF ANY ERROR, VIRUS, BUG, SERVICE OUTAGE OR OTHER ADVERSE EVENT AS TO ANY GAMIGO GAME OR WEBSITE. THOSE PARTIES’ COLLECTIVE LIABILITY AS TO ANY OTHER CLAIM, FOR WHATEVER REASON, SHALL IN NO CASE EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100) PER INCIDENT OR RELATED SERIES OF INCIDENTS. ANY CLAIMS AS TO ORDERED GOODS SHALL ONLY BE HONORED UP TO THE VALUE OF THE GOODS SO ORDERED. GAMIGO AND ITS AFFLIATES ARE NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF THE USE OF SOFTWARE OR SERVICES OR THE INABILITY TO USE SERVICES. IN NO CASE SHALL GAMIGO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF SERVICES. WITHOUT LIMITATION TO THE FOREGOING, ALL SOFTWARE AND OTHER SERVICES ARE MADE AVAILABLE “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GAMIGO DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, OTHER SERVICES, ANY LINKED WEBSITES OR OTHER WEBSITES ACCESSED THROUGH ANY GAME OR GAMIGO WEBSITE ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR FEATURES. IN THE EVENT THAT ANY OF THE FOREGOING SHALL BE FOUND CONTRARY TO THE APPLICABLE LAW OF ANY JURISDICTION, DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THAT JURISDICTION. HOWEVER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU UNDER APPLIACBLE LAW, AND YOU MAY HAVE ADDITIONAL RIGHTS.

6.2. gamigo shall not be responsible for any loss or damage directly or indirectly resulting from access or use of any linked website or other website accessed through any game or gamigo website. The terms of use and other terms and restrictions provided by the owners and operators of those linked websites shall control regarding your visits to those websites, and you are urged to consult those materials prior to visiting or otherwise using any of those websites.

7. Intellectual Property and Offensive Content

7.1. All intellectual property associated with the Services, in whole or part, including, without limitation, any images, text, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of online games, as well as copyrights, trademarks, service marks, patents, applications and registrations for the foregoing, and product names and trade dress are intellectual property owned by gamigo, its licensors or vendors (together, the “Intellectual Property”).

7.2. All uses of Intellectual Property are governed by these terms of Use, the Rules of Conduct and applicable law. None of the Intellectual Property may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted, distributed or otherwise used in any way for any non-personal, public or commercial purpose without the prior written consent of gamigo or the owner, as the case may be.

7.3. Certain Services provided by gamigo may allow you to post your comments, personal reflections, personal profile pages or media content such as photographs, sound recordings, image and text (together, the “Postings”).

You represent and warrant (a) that you own or otherwise control all of the rights to your Postings, (b) that the Postings shall be accurate, (c) that use of your Postings will not cause injury or damage of any kind to any person or entity, and (d) that you indemnify and hold harmless gamigo and its affiliates from and against all claims resulting from your Postings.

7.4. As between you and gamigo, your Postings shall be the property of gamigo. You hereby assign to gamigo all of your right, title and interest your Postings, including, without limitation, any copyrights for their respective terms, including extensions and renewals, throughout the universe, in perpetuity. That grant of rights also includes all rights generally known as “moral rights” in your Postings or any parts of them, as well as those rights specified in 17 U.S.C. § 106A and all similar rights. To the extent that any rights with respect to your Postings shall not, for any reason, belong to gamigo, you hereby grant to gamigo an exclusive, royalty-free, perpetual worldwide license to them.

7.5. Postings made by you or other users exclusively reflect the personal views of the person making the Posting. We are not responsible in any way for their content, regardless of ownership of them. You may not post, upload to, distribute, or otherwise publish through any gamigo game or website anything that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law. You also may not upload commercial content to any gamigo game or website or use any Service or facility provided by or through gamigo to solicit others to join or become members of any other commercial online service or other organization or to be associated with any project, cause, venture or position. Without limitation to the foregoing, the following are expressly prohibited:

● You may not engage in offensive, sexist or racist comments or comments that are inappropriate to address to minors.

● You may not glorify violence or promote hatred of others.

● You may not make illegal or unauthorized copies or reproductions of any work that is protected by copyright or otherwise protected by law, including, without limitation, providing illegal computer programs or links to illegal computer programs, information for bypassing copy protection devices and illegal music files or links to illegal music files.

● You may not use any online game or other Services to send junk mail, chain letters or other unrequested mass mailings, messages that contain restricted pages or images or other content that can only be accessed with a password or that are otherwise wholly or partially concealed.

● You may not advocate or promote immoral or criminal activities or incite or facilitate criminal activities, including, without limitation, the illegal purchase of weapons, child pornography, fraud, drug selling, gambling, stalking, spamming, spimming, the distribution of computer viruses and other harmful files, or require other users to disclose personal data or login information.

● You may not conduct commercial activities or advertise, promote or operate any business in any way.

● You may not upload or disclose any personal data or indicia of anyone else.

7.6. You are may not bypass technical measures put in place to protect the online game software by the use of devices, software or services that breach or bypass those protective measures, nor may you disassemble, modify or restructure online game software.

8. Data Privacy

gamigo respects your privacy and is committed to protect it. You can obtain more information about our privacy policy by clicking here. (INSERT LINK TO PRIVACY POLICY).

9. Disputes

You agree that the laws of the State of New York, USA, without regard to its conflicts of law principles, will govern these Terms of Use, and any dispute of any kind that might arise between you and gamigo related to the use of Services or the order and purchase of real or virtual goods and of services. Unless prohibited by applicable law, any such dispute shall only be adjudicated in the state or federal courts in Manhattan, New York, New York, and you consent to exclusive jurisdiction and venue of those courts.

10. Miscellaneous

10.1. If any provisions of these Terms of Use should be or become invalid, that invalidity shall not affect the validity of the other provisions, which shall remain in full force and effect.

10.2. These Terms of Use, along with any applicable Rules of Conduct for any particular online game, constitute the entire agreement between you and us with respect to their subject matter, and they supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to their subject matter. Additional provisions may apply to the purchase of goods; you will have the opportunity to review and accept those provisions prior to the completion of any purchase.

10.3. Our failure to enforce any provision of the Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce any such provision thereafter. The express waiver by gamigo of any provision, condition or requirement of these Terms of Use shall not constitute a waiver of any future obligation to comply with any such provision, condition or requirement.

B. Specific Services

1. Use of gamigo Online Games

1.1. For each of its online games, gamigo guarantees an average accessibility of ninety percent (90%) over a period of one year, not including down time for routine maintenance or force majeure events such as power outages, server or network damage, sabotage, war, theft, labor unrest, natural disaster or national emergency (each, a “Force Majeure Event”). Service restrictions may be implemented if gamigo reasonably believes them to be necessary to avoid damage or destruction to its systems, property or Services. Loss of access due to a Force Majeure Event shall not be a breach of any warranty offered by gamigo.

1.2. You are responsible for reading and familiarizing yourself with the Rules of Conduct for each gamigo game that you access and to consult those rules from time to time to for changes.

1.3. gamigo online games are designed to provide fun for many players for over a long period of time. Like all online games, gamigo online games may be updated, adjusted, extended and amended at irregular intervals. As a subscriber, the version of the online game that is current at any time is the only version to which you will be provided access. Although gamigo tries to provide that changes to an online game do not disrupt your in-game status or in-game assets, we cannot guarantee that disruption will not occur.

1.4. gamigo may enable you to create individual personal profiles and to post other information that may be viewed by others. You should never upload any Posting or other information that you or anyone you know would object being viewed and passed along by others.

1.5. By playing an online game, you are playing in online game worlds with what may be a large number of other users who can observe your conduct in the game. Also, it may be possible, depending on how the online game is configured, to record and replay portions that include conduct by you. You should not engage in conduct that you do not want viewed and commented upon by others.

1.6. Some gamigo online games may have in-game currency or other virtual items of in-game value. In-game currencies are not real money, and no in-game currency or other virtual asset of in-game value may not be exchanged for real money or other real-world things of value. If you “purchase,” are “sold,” “credited,” “won,” or have “earned” in-game currency or other virtual asset from gamigo, you are not thereby the “owner of property” in the commonly understood legal sense of those words. What you will have received are limited licenses to game pieces designed to make the game more fun and challenging to play. Unless we should later provide otherwise in writing: (a) each license is personal to you and non-transferrable, solely for use of the in-game currency or other virtual asset within the particular online game, under these Terms of Use and the Rules of Conduct, for the duration of your subscription in the online game, and (b) the license expires with the end of your subscription or other granted right of access. To put it simply, and without limitation to any part of these Terms of Use: a gamigo online game is all about having fun and testing your skill; it is not about giving you the opportunity to make a profit.

1.7. It is gamigo’s policy not to permit the transfer of accounts or avatars. The transfer of your in-game currency or other virtual assets, independently of the transfer of your avatar or account, to other users of the online game may only be made as provided in the Rules of Conduct of that online game and not outside the game, whether privately or by the use of a third-party facility such as an online auction service or agency. In particular, any such transfer in return for real-world financial benefits is strictly prohibited. gamigo shall not be liable in the event of any loss or damage to your account, your avatar, in-game currency or other virtual assets occurring during or as a result of any authorized transfer.

1.8. Some content contained in online games and associated websites may be created by other users. To the extent that any of rights to that content have not been transferred to gamigo under these Terms of Use or the applicable Rules of Conduct, they may be the property of those other users, who may have continuing rights to them under applicable law. You may therefore be liable to them if you infringe on those rights. By way of example only, if an end user displays on a website his or her image, you may not use that end user’s image without permission.

1.9. You may only participate in the online games operated by gamigo using a single account. Multiple avatars are not permitted. Please see the Rules of Conduct for the applicable online game for further information.

2. Term and Termination

2.1. The agreement set forth in these Terms of Use, as supplemented by the Rules of Conduct for any particular online game for which you have a subscription, shall remain in effect for the duration of your subscription.

2.2. Without limitation to any other rights provided for it under these Terms of Use or any applicable Rules of Conduct, gamigo has the right to suspend or terminate your subscription and your right to access and use any gamigo website due to your violation of these Terms of Use or applicable Rules of Conduct or applicable law, or if you shall be delinquent in making payments to gamigo for any goods or Services. In the event of any such suspension or termination, even if rescinded, you may permanently lose in-game currency and other virtual assets that you had previously accumulated.

2.3. gamigo reserves the right to decline to provide you with continued access to any online game on a temporary basis, including, without limitation, during the pendency of any investigation into your breach of the terms of these Terms of Use or applicable Rules of Conduct. If access should later be restored to you, your subscription will be granted a fee credit for the period of the suspension, prorated for the number of days of the suspension from your applicable monthly subscription fee, up to a maximum amount of thirty dollars ($30). Please see the Rules of Conduct for the applicable online game as to the amount of any such fee and the reasons that it may be imposed.

3. Fees, Terms of Payment and Default

3.1. Your first access to any gamigo online game may be to a test version or basic version, offered free of charge for a limited period of time. That version of the online game may not have all the features of the full subscription version. Please see the Rules of Conduct for the applicable online game.

3.2. The subscription version of an online games generally contains features that are not available in the test version or basic version of the game, in return for payment of a fee (“Premium Features”). Different Premium Features may be offered for the various online games. Details of Premium Features and fee schedules for them are provided on the website for the respective online game.

3.3. gamigo online games are subject to ongoing development. gamigo therefore reserves the right to offer new Premium Features at any time and to discontinue old ones.

3.4. If payments for Premium Features must be made for a certain period of time, you agree that you will automatically be deemed to have extended any existing subscription for the same period of time. You will be given notice of any such extended subscription term at the time you sign up for those Premium Features.

3.5. Before you are charged for a subscription for any online game, you will be shown the rates and the term of that subscription. Please note that subscription rates may vary by term provided. Rates do not include any applicable sales tax, which will be added and displayed before payment is accepted. Payment terms for online games may vary; you will be provided access to the terms of payment for any online game prior to acceptance of payment.

3.6. All incorrectly stated invoices, incorrect deliveries, incorrect quantities, and incorrect software should be reported immediately on receipt to gamigo at: http://ticket.gamigo.com.

3.7. gamigo accepts most standard methods of payment, such as national credit cards, debit cards, direct debit of a bank account, and PayPal; we may change accepted methods of payment without notice. gamigo may change the methods of payment it accepts at any time for any game or other Service. Please see the website for any online game you wish to play for methods of payment that gamigo will accept.

3.8. If you select direct debit as a payment method and you do not have sufficient funds, you may be subject to an additional charge of ten dollars ($10) for collection per indecent. If you want to switch at any time to a different payment method that we accept, you may do so at any time by contacting us here: http://ticket.gamigo.com.

3.9. gamigo shall also be entitled to stop the provision of Services and block your account for nonpayment.

3.10. gamigo reserves the right to perform a credit check. Any misuse of credit cards, debit cards or other methods of payment may result in the termination of your subscription and right of access to gamigo websites either permanently or temporarily, with or without prior notice.

4. No Guarantee of Winning

4.1. gamigo does not guarantee that any users will win any in-game prizes or other prizes, whether in connection with any sweepstakes or contest or otherwise. Rules about any offered prizes shall be provided in connection with the offer.

4.2. gamigo reserves the right not to award any offered prize if it shall have a reasonable basis to believe that fraud or tampering shall have occurred with the prize-associated event or activity. You may be denied a prize or required to forfeit a prize if you breach these Terms of Use or any applicable Rules of Conduct.

5. Protection of Software

5.1. In some online games, we may use software to detect, monitor and prevent a variety of unauthorized activities, including hacking.

5.2. The complete, error-free function of any online game cannot be guaranteed.

5.3. If you wish to report any defects or errors affecting any online game or other electronic Service, send an email message, along with an error log of messages displayed to: Before reporting an error, consult the online game Rules of Conduct and any FAQs or other assistance provided to you.

5.4. Defects in virtual assets that would impair their in-game utility or effectiveness should be reported to us within fourteen (14) days following delivery to you. We reserve the right not to accept reports of defects after that time. Notice of any such defect should be sent to http://ticket.gamigo.com.

6. System Requirements

Minimum system requirements may change from time to time. They must be satisfied in order to be able to participate in all features of online games. Each game’s minimum system requirements are set out on that game’s website. You should test the free basic version of the online game on the system environment on which you intend to use for the full version at a later date.

7. Additional Duties and Obligations of Users

7.1. You are responsible for following the Rules of Conduct of each online game at all times. Any violation of those rules may result in the termination of your access to the online game, either permanently or temporarily, with or without prior notice, and the possible loss of your account and in-game assets.

7.2. You are obliged to treat all passwords you receive from gamigo as confidential and may not provide access to them to third parties.

7.3. Commercial solicitations, promotions and advertisements are not permitted in online games or in any associated activities.

7.4. Any breach of the duties listed above shall entitle gamigo to delete the information that you have posted.

7.5. We ask that you report any abuse in any online game to gamigo by sending an email to: http://ticket.gamigo.com.

7.6. Never let anyone else have access to your account login or other access data. You may be held liable for the actions of others who obtain that access.

8. Ban of Unauthorized Scripts

8.1. Each gamigo online game may only be used with the downloadable software (the “Client”) provided on the online game’s website or other software either provided by gamigo or expressly authorized by gamigo for use when playing the online game.

8.2. You may not change, modify, decompile or reverse-engineer the Client.

8.3. You are not permitted to use software: (a) that places an excessive load on the servers operated by gamigo, (b) that systematically or automatically execute commands or functions inside the online games (for example, bots or macros), or (c) that may be used to reproduce or analyze the online game or to reproduce or analyze elements or content of the online games (apart from the content owned by you).

8.4. The Client may be updated from time to time. You may be required to accept the updated Client in order to continue using it and accessing the game.

9. Purchase of Real and Virtual Goods

9.1. Your purchase of real or virtual goods and of services of gamigo or third parties at gamigo online stores or elsewhere on gamigo websites will be concluded by clicking on the “Order” or “Accept” button.

9.2. Receipt of your order for goods purchased via a gamigo website will be confirmed to the email address provided by you. That confirmation is for information purposes only; no guarantee can be made that ordered goods will be available or deliverable at any time. In the event that the ordered goods shall not be available or deliverable for any reason, however, you shall be so notified by a subsequent email or otherwise.

9.4. gamigo reserves the right to refuse to accept any order of goods or to deliver any ordered goods if, in its reasonable opinion, the order shall be in quantities or for delivery under conditions that would appear to be for purposes other than for personal use.

9.5. The prices for goods purchased shall be those in effect at the time of purchase. Please note that prices obtained from cached sources may not be accurate. All prices on gamigo online stores or otherwise on gamigo websites are exclusive of sales tax, delivery charges, discounts, and the values contained in promotional codes, valid coupons or credits, any of which may be applied prior to your review and acceptance at time of actual purchase. gamigo is not responsible for errors in connection with the foregoing and shall have the right to void transactions in which it reasonably believes errors shall have occurred.

10. Delivery of Ordered Goods

10.1. Unless agreed to the contrary, any real goods will be supplied from the warehouse to the shipping address specified by you.

10.2. The order confirmation shall be binding for the scope of the delivery. gamigo shall use reasonable efforts to deliver the ordered goods within the estimated delivery period, but exact dates or time periods for delivery can never be guaranteed. The delivery period shall be extended by a reasonable period should a Force Majeure Event occur.

11. Payment Terms

11.1. You will be charged for real or virtual goods purchased through our websites at the time that you place your order.

11.3. gamigo accepts most standard methods of payment, such as national credit cards, debit cards, direct debit of a bank account, and PayPal; we may change accepted methods of payment without notice.

11.4. If you select direct debit as a payment method and you do not have sufficient funds, you may be subject to an additional charge of ten dollars ($10) for collection per indecent. If you want to switch at any time to a different payment method that we accept, you may do so at any time by contacting us here: http://ticket.gamigo.com.

12. Warranties and Return of Real Goods

12.1. Any warranty provided with any real goods shall be invalid if the goods have been modified or used for a purpose other than that for which they were made and were described online by gamigo.

12.2. At its option, gamigo may repair or replace defective goods.

12.3. All incorrectly stated invoices, incorrect deliveries, incorrect quantities, incorrect goods and damaged goods should be reported immediately on receipt to gamigo at: http://ticket.gamigo.com.

12.4. Returns of goods must be made based on a return authorization received from us. Follow the instructions provided in connection with any such return authorization. gamigo will pay the costs of shipment of items returned due to the report by you of problems set forth in the previous section. If any such return proves to have been incorrectly made, gamigo reserves the right to impose a restocking fee of fifteen dollars ($15) plus the cost of shipment.

12.5. gamigo advises that you retain proof of delivery to us until you have received your refund.

New York, NY, September 27th, 2010. gamigo Inc. 286 Madison Avenue Suite 2001 New York, NY 10017 E-mail: info@gamigo.com