HERE

Terms & Conditions


Promotional Competition Terms and Conditions:


GameZBoost Promo Terms and Conditions


NOTE:
A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks Proprietary Limited ("MTN") and IMI Mobile Proprietary Limited ("IMI") together referred to as the ("Promoters") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoters and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoters may also have claims and other rights against you.
B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE CLAUSES 2,3,4 5,7,10,11 ,12 AND 13


1 Introduction
MTN will offer customers who subscribe to the GameZBoost promotions and tournaments over the course some exciting prizes including cash prizes (“the Promotional Offer”);


2 Duration
The Promotional Offer information is as follows (“Promotional Period”):
2.1 Start Date: as per the details on the GameZBoost.MTNPlay.co.za/tournaments info page;
2.2 End Date: as per the details on the GameZBoost.MTNPlay.co.za/tournaments info page;
2.3 Format: as per the details on the GameZBoost.MTNPlay.co.za/tournaments info page;
2.4 Game: as per the details on the GameZBoost.MTNPlay.co.za/tournaments info page;


3 Who is Eligible?
3.1 be a South African citizen;
3.2 be residing in South Africa;
3.3 be a natural person;
3.4 be 18 years or older;
3.5 Be an MTN subscriber (PayAsYouGo, TopUp or Contract); and
3.6 subscribe to GameZBoost, the GameZBoostsubscription costs R3.03 per day;


4 Prizes:
4.1 Winner: as per the details on the respective tournament info page;
4.2 Runner-Up: as per the details on the respective tournament info page;
4.3 3rd Place: as per the details on the respective tournament info page;
4.4 only 1 prize may be one by any single person, this will be confirmed once the winners provide identification documentation;
4.5 the winner will need to provide identification and confirmed address details to receive the prize;
4.6 NB! Prizes will be shipped to the winners closest Postnet branch, should a physical prize be won;


5 Subscribers must play the following games to qualify for the tournament rounds;
5.1 Tournament Game - as per the game that is displayed once the tournament goes live on the GameZBoost.MTNPlay.co.za tournament info page;


6 Applicable rules for participation;
6.1 Winners will be announced within 72 hours from the date that the tournament ends, as the highest score at midnight on the last day of the tournaments;
6.2 The Promoter will keep the tournament games secret until the tournament goes live;


7 Subscribing to the MTN GameZBoostService;
7.1 In order to Subscribe to the Service a User must subscribe by;
7.2 Going onto http://mtnplay.co.za/portal/jqm.aspx?typxm=gamezboostsubscribecheck and selecting “Join now”;
7.3 Dialing *123*2# and selecting the GameZBoostoption to subscribe. Dialing the direct USSD dial string *464*369# and selecting option 1 to subscribe;


8 Unsubscribing from the MTN GameZBoostService;
8.1 Customers may unsubscribe by dialing *123*2#, selecting option 11 and selecting the service they would like to unsubscribe from;
8.2 Customer may also make use of the MTN Play Mobi site http://mtnplay.co.za/portal/jqm.aspx?typxm=mymtnplay to unsubscribe to the service;


9 RICA
9.1 In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate you as a customer on the MTN network;
9.2 MTN is obliged by law not to activate your SIM card on the MTN network if you have not complied with the RICA registration requirements;
9.3 By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify MTN and request the SIM card to be suspended;
9.4 If you wish to transfer/sell your SIM card to another person (other than a family member), you are required to contact your Service Provider to report such a transfer to MTN, and MTN is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved MTN RICA officer to register them as a customer on the MTN network. Once they have complied with RICA, and the RICA information is received by MTN, MTN will reactivate the SIM card;
9.5 If you change ownership to a third party, the Promotional Offer is not transferable;
9.6 Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider or see www.mtn.co.za for details;


10 Cancellation
10.1 Qualifying Customers may cancel their Promotional Offer by contacting the MTN stores or call centres.
10.2 Qualifying Customers are bound to the cancellation provisions contained in their MTN Subscriber Contract Terms and Conditions, which includes, but is not limited to, the liability of cancellation charges.


11 Modification of Terms and Conditions
11.1 MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotional Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.
11.2 See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the above mentioned website or elsewhere in any media.
11.3 MTN reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.
11.4 MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
11.5 As changes will be posted on www.mtn.co.za, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.


12 Limitation of Liability
12.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 9.2 and 9.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):
12.2 if MTN does not supply or deliver any device or SIM card/s on the required date or time; or
12.3 if the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
12.4 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
12.5 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or
12.6 as a result of the use of any device supplied to you by MTN relating to this service.
12.7 Clause 12.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or


13 General
13.1 MTN, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of a person receiving the Prize and/or the terms and conditions of this Promotion. Furthermore, you will be solely responsible for all products used by you. Accordingly, the MTN takes no responsibility for any loss or damage, or any MTN airtime associated with the SIM card and/or cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons participating in the Promotion hereby expressly indemnify the MTN in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
13.2 See www.mtn.co.za for Promotional Offer rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.
13.3 MTN shall be entitled to terminate the Promotional Offer if any customers is involved in any fraudulent activity or suspected fraudulent activity.
13.4 The entrants that wins the prizes at the Live Challenge finals agree that he / she is not eligible to WIN another prize in any draws within a 12 month period.


TERMS OF USE


1. Overview


1.1. Welcome to GAMEZBOOST. We provide an online platform through which we offer our users access to interactive flash games (“Games”). The Games, our website, all related content and any other features, functionalities, applications, materials, or other services offered from time to time by GAMEZBOOST in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “GAMEZBOOST Services”)


2. Acceptance of the Terms of Use


2.1. The use of the GAMEZBOOST Services is available only to persons who can form legally binding contracts under applicable law in Republic of South Africa. Persons who are incompetent to contract within the meaning of the law are not eligible to use the GAMEZBOOST Services. Without prejudice to the generality of the above, no person under the age of 18 may use or access the GAMEZBOOST Services or the Games or attempt to enter into any transactions on our website.
2.2. These terms of use, which include our [Privacy Policy], as may be amended or altered by GAMEZBOOST (“Terms of Use”), govern your use of the GAMEZBOOST Services. Your access or use of the GAMEZBOOST Services including this website constitutes a legally binding agreement with [SkillPod Media (Pty) ltd] (hereinafter referred to as “GAMEZBOOST”, which expression shall, unless repugnant to the context, mean and include all their affiliates, administrators, representatives, agents, legal heirs and assigns) to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use or access the GAMEZBOOST Services.
2.3. Please note that to access or play certain Games, you may be required to accept the terms and conditions of use of such Games. Please note that any such terms and conditions agreed to between you and the licensor of such Game, shall apply in addition to the Terms of Use hereunder and such terms of user shall not in any manner limit, restrict, waive or substitute these Terms of Use.


3. Changes to Terms of Use


3.1. GAMEZBOOST reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use in will be effective from ten days or such other reasonable time specified when notice of such change is posted. Your continued use or access of the GAMEZBOOST Services after any such changes constitutes your acceptance of the new Terms of Use.


4. Privacy and Communications Preferences


4.1. Any information submitted through the GAMEZBOOST service, including personally identifiable information, is subject to the terms of our [Privacy Policy].
4.2. By using or accessing the GAMEZBOOST service, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from GAMEZBOOST; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from GAMEZBOOST in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from GAMEZBOOST regarding GAMEZBOOST services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications.


5. Ownership of Intellectual Property


5.1. GAMEZBOOST , its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the SKILLPOD Services and the Games, including all information, design, objects, characters, names, stories, dialogues and catch phrases, concepts, layout, text, graphics, logos, designs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.
5.2. The GAMEZBOOST Services including the website, the look and feel of the website, the presentation of the Games, user interface, game history, scores and social interaction features are the sole and exclusive property of GAMEZBOOST.
5.3. “GAMEZBOOST” and “SKILLPOD MEDIA” are registered trademarks of SkillPod Media (Pty) Ltd. The GAMEZBOOST logo, martianmansions.com, skillpod.com, skillpodmedia.com, gazuma.com and GAMEZBOOST.com are used as trademarks or service marks of SkillPod Media (Pty) Ltd. The GAMEZBOOST website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of SkillPod Media (Pty) Ltd. The trademarks, service marks and trade dress of GAMEZBOOST may not be used or reproduced without prior written approval from GAMEZBOOST and may not be used in connection with any product or service that is not affiliated with GAMEZBOOST, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of GAMEZBOOST, or in any manner that disparages or discredits GAMEZBOOST. Other trademarks that appear on the GAMEZBOOST website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GAMEZBOOST. Any images of persons or personalities contained on the GAMEZBOOST website and user interfaces are not an indication or endorsement of GAMEZBOOST or any particular product or our service unless otherwise indicated.


6. Limited License


6.1. GAMEZBOOST grants you a temporary, non-exclusive, non-transferable, conditional, limited right to access, interact and play the Games for your personal, non commercial use, subject to the conditions provided below, during the period during which you are bound by these Terms of Use. You shall have no right or interest in the GAMEZBOOST Services or the Games other than as expressly provided herein.
6.2. Your limited license as provided is subject to the following conditions: (i) The Games may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without GAMEZBOOST prior written permission, except as expressly permitted by the limited license; (ii) You may not may not create any derivative works from the Games or GAMEZBOOST Services (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Games or GAMEZBOOST Services on any internet, intranet or extranet site or incorporate the Games or any related content or data in any other database or compilation; (iii) You may not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the GAMEZBOOST Services or any of the Games; (iv) Except as may be expressly permitted by GAMEZBOOST, you may not use cheats, automations, hacks, bots, trainers, exploits or any unauthorized third party software designed to interfere with GAMEZBOOST Services while accessing any of the GAMEZBOOST Services; (v) You may not solicit, communicate regarding or offer any commercial services or activity in relation to any of the Games, including trading of any virtual items or scores, services including power-levelling, gold-mining, item collection, etc. (vi) You may not create or permit the reverse engineering or emulation the Games in any manner; (vii) You may not use the Games or the GAMEZBOOST Services for any purposes competitive with or derogatory to GAMEZBOOST and you may not associate the GAMEZBOOST Services or the Games with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights; (viii) You shall not directly or indirectly, through any means (including through providing any tools, code, scripts or other assistance) whatsoever, permit, abet or assist any access or use of the GAMEZBOOST Services or the Games in a manner not expressly provided or permitted herein; and (ix) This limited and conditional license may be revoked at any time by GAMEZBOOST .


7. The Use of GAMEZBOOST Services


7.1. Access to the Games is provided on an “as is” basis by GAMEZBOOST . All creative content incorporated or comprising the Games and all representation of any persons, characters, communities, locations, events or objects are fictional and are not based on any historical, present or future person, character, community, location, event or object.
7.2. Due to their interactive nature, it is possible person may use or implement the game mechanics, characters, images, sounds, visualizations or other content, to create unintended images, messages or representations. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the GAMEZBOOST Services are those of the respective authors or producers and not of GAMEZBOOST, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall GAMEZBOOST , or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the GAMEZBOOST service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the GAMEZBOOST service.
7.3. We do not warrant that the Games shall function in accordance with the rules of such games or that objectives within the Games can be completed in accordance with or that characters within the Games shall perform in accordance with such rules. All images, videos and presentations used for the promotion of the Games are merely representative and we do not warrant that you will be able to experience/perform such content/actions within the Games.
7.4. The use of the GAMEZBOOST Services and access to the Games are subject to you having the necessary hardware, software and network resources as listed under our [System Requirements].
7.5. We disclaim all warranties in relation to the GAMEZBOOST Services and the Games. Please read paragraph 11 of these Terms of Use for our detailed disclaimer. In addition to the disclaimer of warranties therein, we do not guarantee that access to the GAMEZBOOST Services or the Games shall be error free. Your access to the GAMEZBOOST Services or the Games and the quality of your use of the same shall be contingent on various factors outside the control of GAMEZBOOST, including the network resources used by you. GAMEZBOOST Services may be bandwidth intensive. We are not responsible for any costs that you incur while attempting to access the GAMEZBOOST Services or the Games, including payments towards internet and broadband access or any additional expenses incurred by you including charges imposed by your network service provider for 3G/or roaming access.
7.6. SKILLPOD MEDIA does not make any representation that the GAMEZBOOST Services are permissible or legal under the applicable law of your jurisdiction. You are to access the GAMEZBOOST Services only if it is permitted under the applicable law if your jurisdiction and by using and accessing the GAMEZBOOST Services you represent that you are permitted by the applicable laws of your jurisdiction to access and use the GAMEZBOOST Services. .
7.7. From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.


8. Membership and Features


8.1. Membership: Some of the features of the GAMEZBOOST Services and some of the Games are made available to our unregistered users while certain of the features of the GAMEZBOOST Services and the Games are available only to our registered members. To become a registered member, you will be required to provide certain personal information. Please refer to our [Privacy Policy] to see how we treat the personal information collected from you and please see paragraph 9 of these Terms of Use for more information regarding the third party payment gateway.
8.2. Credits: We may also permit you to purchase credits for accessing certain Games, services or certain content relating to the same (“GAMEZBOOST GameCredits”). The criteria and terms of use of such GAMEZBOOST Credits shall be in accordance with the instructions as published by GAMEZBOOST from time to time. We reserve the right to modify, terminate or otherwise amend the terms in accordance to which such GAMEZBOOST Credits may be used. Please note that GAMEZBOOST Credits are not redeemable for money.
8.3. Account Information and Security: When creating your account, you must provide accurate and complete information. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your GAMEZBOOST ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate GAMEZBOOST for any losses arising out of them. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency. In order to provide you with ease of access to your account and to help administer the GAMEZBOOST service, GAMEZBOOST implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the GAMEZBOOST service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. GAMEZBOOST
8.4. Membership Cancellation: You may cancel your GAMEZBOOST membership at any time. We do not provide any monetary refunds for any SKILLPOD Credits.
8.5. Change of Features and Games: GAMEZBOOST reserves the right to change, supplement, alter or remove any of its features or Games as it deems fit and a paid membership does not guarantee continued access to such features.
8.6. Advertisements: Some of the services, facilities or features of the GAMEZBOOST Services are supported by advertising revenue and the GAMEZBOOST Services may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the website, queries made through the GAMEZBOOST Services or other information. The manner, mode and extent of advertising by GAMEZBOOST through the GAMEZBOOST Services are subject to change without specific notice to you. GAMEZBOOST takes no responsibility for advertisements or any third party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the GAMEZBOOST Services are between you and the advertiser, and you agree that GAMEZBOOST shall not liable for any loss or claim that you may have against an advertiser.
8.7. Promotional Offers: GAMEZBOOST may from time to time, offer certain additional features or discounted access as promotional offers, free of cost or at discounted rates to its users. Such promotional offers are offered by GAMEZBOOST on an “as is” basis without any warranty or obligation regarding such promotional offer, unless expressly provided otherwise. No promotional offer shall be deemed to imply any obligation on GAMEZBOOST to continue to offering such or similar promotional offers. Any promotional offer made available by GAMEZBOOST may not be combined with any other offers.
8.8. Interactive Areas: We permit you to post reviews of Games, compare scores, participate in multiplayer games through the GAMEZBOOST service. We do not make any warranties regarding your online experience or interaction with other users during multiplayer games. We do not regularly select or review the content posted on or interactions made through the GAMEZBOOST website or the GAMEZBOOST services; however, we reserve the right to reject, remove or edit such content at anytime without notice. You may not transmit through the GAMEZBOOST Services, any content that is unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.
8.9. Facebook Access: For members in certain countries, you can connect your GAMEZBOOST account to Facebook. This feature requires you to accept and comply with the terms of service and privacy policy of Facebook. If you choose to connect, you’ll be able to take advantage of various social features we will be creating as part of the GAMEZBOOST service, as well as features available on Facebook. In addition, GAMEZBOOST may personalize and otherwise seek to enhance your experience based on your information from your Facebook account. By connecting your GAMEZBOOST account to your Facebook account, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to Facebook (in accordance with your privacy settings on Facebook and your account settings on GAMEZBOOST). If you do not want information about you, including information such as your viewing activity, to be shared in this manner, do not use the Facebook connect feature. GAMEZBOOST disclaims all warranties in relation to and all liabilities arising from any use of your personal information by Facebook or any other third party.
8.10. Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. GAMEZBOOST retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.


9. Billing and Payment


9.1. We use a third party payment gateway to process payments made to GAMEZBOOST . The third party payment gateway service provider will require certain financial information including your credit card /debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, SKILLPOD disclaims any and all liabilities in relation to your payment processing by such third party payment gateway service provider and the collection and processing of any information provided to party payment gateway service provider. While using such payment gateways to make payments to SKILLPOD, you will be required to accept the terms of use and privacy policies of such payment gateway service provider. We request you to please make yourself familiar with the terms of use and privacy policies of your respective payment gateway service provider before using such service.


10. Role of GAMEZBOOST as in Intermediary


10.1. We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us is being used to commit an unlawful act, we are required to remove or disable access to such material.
10.2. If you believe your work has been reproduced or distributed through the GAMEZBOOST Services in a way that constitutes copyright infringement or are aware of any infringing material available through the GAMEZBOOST Services or if you have tangible and conclusive information that any of the material made available through GAMEZBOOST is illegal, please notify us through email at: info [at] skillpodmedia [●] com.
10.3. The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the GAMEZBOOST Services and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the GAMEZBOOST Services is illegal under the laws of India


11. Disclaimers of Warranties and Limitations on Liability


11.1. The GAMEZBOOST Services, including our website and user interfaces, and all Games and software associated therewith, or any other features or functionalities associated with the GAMEZBOOST Service, are provided “as is” and “as available” with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the GAMEZBOOST Services, our website and user interfaces, and all Games and software associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
11.2. GAMEZBOOST assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the GAMEZBOOST Services. GAMEZBOOST does not make any warranty that the SKILLPOD Services or the Games will meet the your requirements, or that the GAMEZBOOST Services or the Games will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.
11.3. You expressly agree that use and access of the GAMEZBOOST Services, including all Games, data or software distributed by, downloaded or accessed from or through the GAMEZBOOST Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Games, data and/or software.
11.4. We do not make any representations with respect to the contents and composition of the Games from the SKILLPOD service or the descriptions of any game or related content contained on our website and user interfaces. We do not endorse, condone, support or make any warranties regarding accuracy or completentess of any statements, representations, advice, views or opinions contained in any of the Games or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Games or advertisement are solely responsible for the same.
11.5. GAMEZBOOST assumes no responsibility for any damages suffered by you, including, but not limited to, loss of data from delays, non-deliveries of Games or email, errors, system down time, mis-deliveries of Games or email, network or system outages, file corruption, or service interruptions caused by the negligence of GAMEZBOOST , its affiliates, its licensors, or your own errors and/or omissions. Except as provided under the [Privacy Policy], GAMEZBOOST disclaims any warranty or representation that confidentiality of information transmitted through the GAMEZBOOST Services will be maintained. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon GAMEZBOOST or its affiliated parties.
11.6. GAMEZBOOST may provide the GAMEZBOOST Services, links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the GAMEZBOOST Services. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SKILLPOD makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that GAMEZBOOST , its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of GAMEZBOOST .
11.7. The disclaimers provided herein are supplementary to the [Legal Disclaimer] and neither shall substitute or limit the other.
11.8. IN NO EVENT SHALL GAMEZBOOST BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE GAMEZBOOST SERVICES, EVEN IF GAMEZBOOST IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.


12. Indemnity


12.1. You undertake to indemnify, defend and hold harmless without limitation, GAMEZBOOST , its affiliates and its licensors from any actual or alleged loss, damage or claim arising from or related to any breach of any of the terms, conditions or provisions of these Terms of Use.


13. Other Terms


13.1. Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. GAMEZBOOST may also impose limits on certain features and services or restrict your access to parts or all of the GAMEZBOOST Services without any notice or liability.
13.2. External Links to this website: All links to the website must be expressly approved in writing by GAMEZBOOST and shall be subject to the following conditions: (i) the link is a text-only link containing only the name “[GAMEZBOOST]”and directs only to [http://GAMEZBOOST.com] and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by GAMEZBOOST nor be such as to damage or dilute the goodwill associated with the name and trademarks of GAMEZBOOST , its affiliates or licensors; and GAMEZBOOST reserves the right to revoke or alter the terms of such consent to link at any time in its sole discretion.
13.3. Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside
13.4. Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of India without regard to conflict of laws provisions. GAMEZBOOST makes no representation that the GAMEZBOOST Services or the Games provided is appropriate or available for use outside India. You are not to access or use this website from a jurisdiction which restricts you from accessing this website.
13.5. Severability: If any part of these Terms of Use is held illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed separable from the remaining parts of these Terms of Use and shall not affect or impair the validity of enforceability of the remaining provisions of these Terms of Use. If any part of these Terms of Use is found to be unreasonable by a court of competent jurisdiction, such term shall be limited to the extent considered reasonable and continue to remain valid and enforceable.
13.6. Waiver: Please report any violations of this Terms of Use agreement to info@skillpodmedia.com. GAMEZBOOST shall determine how to deal with violations of its Terms of Use agreement on a case-by-case basis. GAMEZBOOST response to any particular violation of this Terms of Use agreement may not be construed as a waiver of any of these provisions, nor may you rely upon GAMEZBOOST response to a particular violation of this policy in your actions. You should not assume that GAMEZBOOST is even aware of violations of this Terms of Use agreement that you may find. A waiver of any term or condition of this Terms of Use agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.