Definitions

“Account” means, any account provided by GameStake Technologies that you create to access certain Services.

“ Conflict ” means, any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and GameStake Technologies Technologies, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

“GameStake Technologies” means, GameStake Technologies Limited, whose registered office is at WeWork, , 1 Mark Square, London, EC2A 4EG, United Kingdom.  References to “Us,” “We,” or “Our” means GameStake Technologies, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. 

“GameStake Technologies Affiliate” (or “GameStake Technologies Affiliates”) means GameStake Technologies’s third-party content providers, distributors, licensees, or licensors.

“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.

“Notice” means, a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address, and will be effective upon receipt.

“Privacy Policy” means, GameStake Technologies policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.

“Service” (or “Services”) means, any website, device, platform, content, and other related products and services provided by GameStake Technologies and GameStake Technologies Affiliates, including without limitation any titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, chat transcripts, profile information, recordings of games played using a GameStake Technologies game client, and GameStake Technologies game clients and server software.

“Terms of Service” (or “Terms”) means these terms and conditions, our Privacy Policy and all supplemental terms, as amended, from time to time.

“User Content” means, any and all data that you upload, post, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.

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Clause 1 - Ownership and Limited License

a)  The Services are owned or licensed by GameStake Technologies and are protected by Intellectual Property Rights and other proprietary rights laws. GameStake Technologies reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of GameStake Technologies.

 

b) Subject to your agreement and continuing compliance with these Terms of Service and any other relevant GameStake Technologies  policies, GameStake Technologies grants you a non-commercial, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose. You acknowledge that in order for GameStake Technologies to provide you with Services, it is necessary to also provide related functionality, such as analytics, measurement, ad personalization, financial transaction processing, fraud prevention, identity checks, security measures, marketing, and customer support. You must ensure that your location settings are turned on when using the GameStake Technologies  platform in order to allow us to verify your location from time to time.

 

c) License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at GameStake Technologies’s sole judgment, or may subject you to liability for violations of law.

You acknowledge you will not directly or indirectly:

i) Partake in any activity or action that GameStake Technologies deems to be against the spirit or intent of the Services;

ii) Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;

iii) Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;

iv) Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;

v) Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, GameStake Technologies itself or GameStake Technologies Affiliates;

vi) Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by GameStake Technologies;

vii) Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services;

viii) Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, or GameStake Technologies;

ix) Use of access services to obtain, generate, or infer any business information about GameStake Technologies or GameStake Technologies  Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;

x) Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying GameStake Technologies;

xi) Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and GameStake Technologies employees;

xii) Attempt to gain unauthorized access to Services or Accounts not belonging to you;

xiii) Use the Services where it is prohibited by law.

 

d) Accounts

i) Each Account may only be used by one person. You must take all necessary steps to protect the secrecy of your log in information. Your Account may be terminated if someone else uses it. You must immediately notify GameStake Technologies of any unauthorized use of your Account or any other such breach of security. GameStake Technologies shall not be responsible to you for any loss or harm that results from an unauthorized person accessing your Account.

GameStake Technologies 

ii) You acknowledge that if your Account is deleted then you may lose access to any information associated with that Account. If you wish to delete your Account, please alert GameStake Technologies  by sending Notice to the following contact: contact@gamestaketechnologies.com.

 

e) Opening an Account

i) To open a GameStake Technologies Account, each player must choose its confidential password. Player's user name will be the email he/she provides on registration. 

ii) It is the responsibility of each user to ensure that all personal details are current and up-to-date, as failure to do so may result in payments being declined or payments being issued incorrectly or Services not being correctly provided You can update your personal details by contacting customer services by email at contact@gamestaketechnologies.com.

 

f) Third Party Accounts

i) Use of the App and Services may require an account with the platform operator e.g. Apple/Amazon/Google. If you don't already have an account and such account is required, You will be prompted by such third party platform operators to set one up before downloading the App ("HyJynx"). Your access to the App will be linked to your Account and you are required to comply with the requirements set out in these Terms and Conditions together with any operable platform operator terms you may have signed up to in relation to your Account.

ii) No matter what else is said in these Terms or anywhere else within the Services, you expressly acknowledge that you have no right, title, or interest to or in any Account you create through our Services, and your Account is not your property. Your Account is owned by GameStake Technologies and is licensed to you on a limited basis as set out hereunder. 

 

e) Services GameStake Technologies may from time to time, in its absolute discretion, alter or amend or withdraw any of the Services or any part thereof, at any time, and may alter platform fees, features, specifications, capabilities, functions, rules and/or other characteristics of the games, Tournaments, competitions and/or Services. GameStake Technologies may at its discretion engage new or alternative third party service providers (“Third Party Service Providers”) in respect of any of its Services. By registering or playing with any such third parties, you thereby provide your consent to any applicable additional terms and conditions of such third parties that will be brought to your attention and as they may be amended from time to time, including but not limited to any change to the third party service provider itself

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Clause 2 - Fees and Payment Terms

a) Within the Services, you will have the opportunity to enter into tournaments and competitions (for no real money/Gems) which will involve you playing competitive skill-based games against other users (a “Tournament”). The winner of each Tournament will be determined by their skill in relation to other users competing in the same tournament or competition.  

 

b) In addition to meeting the age requirement to access the Services as detailed in Section 6 of these Terms of Service, you must be at least the minimum legal age required by the state in which you reside in order to enter into such Tournaments. If your country of residence does not permit skill-based games to be played for cash or prizes, you must not participate in such Tournaments. GameStake Technologies may at any time require you to provide proof of eligibility to participate in a Tournament or withdraw funds. You must ensure that your location settings are turned on when using the GameStake Technologies  platform in order to allow us to verify your location from time to time.   

 

c) Players buy tokens ("Gems") to use as a stake in Tournaments. Gems can only be used within GameStake Technologies's platform and not converted or traded in any way outside of the platform. Prior to starting a Tournament, you will be informed of the value of the stake required to be submitted to enter the Tournament and value of the total GST available if you win the Tournament.  By submitting an entry fee, Token for any Tournament, you agree and acknowledge that any entry fee, Token is non-refundable and that you may not win the Tournament. At the beginning of the Tournament, any entry fees, Gems will be charged to your payment method on file.  

 

d) Following the Tournament, even if the Tournament closes prematurely, GameStake Technologies will report the Tournament results within the Services. GameStake Technologies will have the sole and absolute discretion to determine the Tournament results and winners, and by participating in any Tournament, you agree to be bound by these determinations. 

 

g) ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

h) Deposits and Withdrawals. 

To participate in any real money Tournaments you must deposit monies into your account (via your e-wallet) with applicable Third Party Providers. The terms governing the deposit of monies into and withdrawals from Third Party Provider accounts will be governed by the respective Third Party Terms of the Third Party Provider. Please read these Third Party Terms carefully.

Please note GameStake Technologies is not directly connected to the Third Party Providers and will not hold any financial accounts or your money whatsoever.

Any deposits and withdrawals will be made via the relevant Third Party Providers and the third parties to which the GameStake Technologies Services are connected to, or works with.

GameStake Technologies will not be liable for any issue or claim arising in connection with Third Party Provider accounts or Services provided by Third Party Providers.

i)Winnings and Payments

All cleared winnings will be credited to user's e-wallet operated by the respective Third Party Provider. Please note that GameStake Technologies does not hold any money and/or financial accounts related to Customers. All financial transactions will be performed by Third Party Providers of Services. Should you have any queries regarding Services provided by Third Party Providers, please contact these Third Party Providers directly. You agree that we may use your username and/or first name and/or initials and region and any winnings you may have had for advertising or promotional purposes without additional compensation.

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Clause 3 - User Content

a) To the maximum extent permissible by law, GameStake Technologies assumes no responsibility or liability for the conduct of any user submitting any User Content and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.

 

b) When you transmit or upload User Content, you agree to abide by the following rules:

i) All content will be accurate, complete, and free from fraud and deception;

ii) All content will be free of any Intellectual Property Rights infringement;

iii) All content should not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities;

iv) All content will be in compliance with these Terms of Service;

v) All content will not be in violation of any law, contractual restrictions, or other parties' rights;

vi) All content will be free of viruses, adware, spyware, worms, or other malicious code;

vii) All content will be free of spam, commercial solicitation, chain letters, and mass mailings.

 

c) All User Content that you post will be considered non-confidential. GameStake Technologies will only share personal information that you provide in accordance with the Privacy Policy. GameStake Technologies is not responsible for any other user or third party’s use or appropriation of any User Content that you have submitted through the Services.

 

d) You hereby grant GameStake Technologies a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to GameStake Technologies and GameStake Technologies Affiliates all licenses, consents, and clearances necessary to enable GameStake Technologies to use User Content for such purposes. You also hereby grant to GameStake Technologies the right to authorize others to exercise any of the rights granted to GameStake Technologies under this Section. You further hereby grant to GameStake Technologies the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. GameStake Technologies does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.

 

e) In compliance with applicable laws, if GameStake Technologies is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address contact@gamestaketechnologies.com Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to GameStake Technologies under this provision should include:

i) A description of the Intellectual Property Rights claimed to have been infringed;

ii) A description of the material claimed to be infringing;

iii) Your name, mailing address, phone number, and email address;

iv) A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed; and

v) A physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.

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Clause 4 - Term

Unless modified or amended by GameStake Technologies, this agreement and its provisions shall remain in effect. Termination of any license granted by GameStake Technologies under this agreement does not affect any other provisions of this agreement.

 

Clause 5 - Account Access and Permissible Assignment

a) By using the Services, you warrant and represent that you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement. If you are under 18 years of age, you must not use any part of the Services, create an Account, or submit any personal information to GameStake Technologies through the Services.

 

b) If you have been previously banned from using any GameStake Technologies Services then you may not use our Services.

 

c) You may only have one Account. If it is discovered that you have registered multiple Accounts, are sharing Accounts with another individual, or are otherwise accessing the Services through an account that is not your own, all Accounts affected by such use shall be terminated, and all Tournament winnings associated with that account may be seized by GameStake Technologies.

 

d) If you are a parent and believe your child may have created an account, contact us with details of that account at contact@gamestaketechnologies.com to remove it.

 

​Clause 6 - Service Availability, Termination and Cancellation Rights

a) You acknowledge that:

i) GameStake Technologies may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;

ii) GameStake Technologies has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts and any and all funds related to your Account at any time, for any reason, without Notice and without liability to you;

iii) Access to the Services may be interrupted for reasons within or beyond the control of GameStake Technologies, and that GameStake Technologies cannot and does not guarantee you will be able to use the Services whenever you wish to do so;

iv) GameStake Technologies may not offer the Services in all countries or geographic locations;

v) You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services;

vi) Skill-based games may be illegal in the jurisdiction in which you are located; if so, you are not authorized to use your payment card to complete this transaction. You are responsible to the maximum extent permissible by law for ensuring  you are aware of the laws and regulations regarding skill based gaming in the territory in which you are located. 

 

Your Right to Cancel

Where applicable, if You purchase digital content (for example gaming content) and/or Services directly from GameStake Technologies, you will have the right to cancel the purchase and obtain a refund of the purchase price within 14 days after that purchase, provided that you have not streamed or downloaded or used the digital content or been provided with the Services (whether in whole or in part). You will lose this cancellation right as soon as you start to use, stream or download the digital content or as soon as you are provided with the Services (whether in whole or in part) and in doing so you accept that you have lost your cancellation rights. Where you buy Services or digital content from a Third Party Provider, and you wish to cancel the purchase during the 14 day cancellation period, then you will need to deal directly with the Third Party Provider vendor of the Services or digital content for a refund. GameStake Technologies shall have no responsibility to provide any form of refund or liability to You in respect of digital content or Services provided by any Third Party Provider.

 

Closure of Accounts

Please contact customer services by email at contact contact@hyjynx.co.uk if you wish to close your Account.

We may close or suspend your Account without notice if your Account remains inactive for a significant period, such period to be determined by us at our discretion. If you have any queries regarding inactive accounts, please contact customer services by email at contact@hyjynx.co.uk for further information.

We are entitled to close your Account at our discretion without notice at any time. If we do close your Account we will endeavour to provide you with details of the reason(s) for such closure upon receipt of written notice from you. Any balance in your Account will be made available to you, subject to your having complied with these Terms and those of Third Party Providers.

 

Clause 7 - Warranty and Liability

YOU ACKNOWLEDGE THAT GameStake Technologies AND GameStake Technologies AFFILIATES ARE NOT LIABLE

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR

(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE SERVICES ARE PROVIDED BY GameStake Technologies TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. GameStake Technologies MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GameStake Technologies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GameStake Technologies DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF GameStake Technologies AND/OR GameStake Technologies AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO GameStake Technologies AND/OR GameStake Technologies AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID GameStake Technologies OR ANY GameStake Technologies AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GameStake Technologies AND/OR ANY GameStake Technologies AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, GAMESTAKE TECHNOLOGIES AND GAMESTAKE TECHNOLOGIES AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.

 

Clause 8 - Indemnity

a) You agree to defend, indemnify and hold harmless GameStake Technologies, GameStake Technologies Affiliates, and any third-parties under agreement with GameStake Technologies, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

i) Your failure to comply with any provision of these Terms of Service;

ii) Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and

iii) Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.

 

b) GameStake Technologies and GameStake Technologies Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

 

c) You acknowledge, and further agree that GameStake Technologies has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.

 

d) This Section shall survive the termination of this agreement.

 

Clause 9 - Conflict Resolution

a) Informal Resolution. With respect to any Conflict, you agree to attempt to negotiate the resolution of any Conflict informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon GameStake Technologies’s receipt of Notice from you.

 

b) Contact Information. GameStake Technologies can be reached at the following email address: contact@gamestaketechnologies.com.

 

Clause 10 - Miscellaneous

a) Non-Gambling Website. No gambling is allowed within the Services. The tournaments enabled through the Services utilize skill-based games, meaning the outcome of all relevant games are based predominantly upon the skill of the Tournament participants, not chance. GameStake Technologies does not have knowledge of the probability of any particular participant winning a Tournament and makes no representations about an individual user’s chances of winning.

 

b) In the event of a dispute regarding the outcome of a Tournament, GameStake Technologies may request that Tournament participants provide additional evidence, including but not limited to photo or video evidence of Tournament results by means of the GameStake Technologies website. If you believe there has been a mistake with respect to any distribution of winnings or withdrawals from your Account, please email us at: contact@hyjynx.co.uk. GameStake Technologies reserves the right to, in its sole discretion, assess a penalty and terminate your Account. If any winnings are mistakenly credited to an Account, GameStake Technologies may automatically deduct such winnings from your Account upon discovery of such error.

 

c) It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that GameStake Technologies may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless GameStake Technologies states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.

 

d) Entire agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.

Except as otherwise provided in these Terms and Conditions, a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

 

e) Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, pandemic, war, terrorism, acts of public enemies, strikes or other labour disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters. GameStake Technologies  shall not be liable for any bet not being placed for any reason or you being disconnected from the Services, including but not limited to failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server.

 

f) No act or failure to act by GameStake Technologies will be deemed a waiver of any right contained in this agreement, and any waiver by GameStake Technologies must be in writing and signed by an officer of GameStake Technologies. If GameStake Technologies does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.

 

g) If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.

 

h) You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to GameStake Technologies, entitling GameStake Technologies to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by GameStake Technologies as a result of a breach of any of the provisions of this agreement.

 

i) Governing Law and Venue. These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

 

j) To the fullest extent permitted by law, the controlling language for these Terms of Service is English.

 

k) No Joint Controller Relationships. Nothing in this agreement, the privacy policy, or any document is intended to, or shall be deemed to, establish any joint controller relationship under the General Data Protection Regulation (and similar laws) between GameStake Technologies and its partners, API users, SDKs, and sites or apps that we link to.

 

l) We recommend that you retain a copy of any transaction records and merchant policies and rules in relation to transactions made under these terms and conditions.