Terms and Conditions

 

Updated November 2020

The Gamoteca platform and player app (“Gamoteca”) is owned and managed by Technovatio Limited. Technovatio is a company registered in England and Wales. Registered office at: Quadrant House, 4 Thomas More Square, London E1W 1YW.
Email:contact@gamoteca.com

Gamoteca is:

  • A platform for game creators (“platform”) to easily create and publish micro-learning experiences. The Gamoteca platform is located at https://www.gamoteca.com and its sub-domains.
  • A mobile learning app (“app”) for learners, referred to on Gamoteca as players (“players”) to access the game-based learning. The Gamoteca mobile app is available on the Google and Apple app stores, as well as at https://play.gamoteca.com.

Please read these Terms of Service (the “Terms”) carefully because they govern your use of our platform and app that allows individuals and/or businesses (“creators”) to create online games (“games”), which will be played through the app, with individuals that wish to enroll in such games (“players”). To make these Terms easier to read, the Platform and App are collectively called “Gamoteca”.

Subject to your compliance with these Terms, you may register through Gamoteca to be:

  • A Player who accesses the game-based learning on the App and/or,
  • A Creator who creates games and publishes them through the Platform.

 

1. Agreement to Terms

 By accessing Gamoteca, you are agreeing to be bound by these Terms and all applicable laws. If you do not agree to be bound by these Terms, you are prohibited from using or accessing Gamoteca.
If you are accessing and using Gamoteca on behalf of a company (such as your employer), institution, or other legal entity, you represent and warrant that you have the authority to bind that company, institution, or other legal entity to these Terms.
In that case, “you” and “your” will refer to that company, institution, or other legal entity.

 

2. Privacy Policy.

Please review our Privacy Policy, which also governs your use of Gamoteca, for information on how we collect, use and share your information.

 

3. Changes to these Terms or the Services.

We may update these Terms or Gamoteca at any time at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on our website, https://www.gamoteca.com, and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use Gamoteca after we have posted updated Terms it means that you accept and agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, you may not use Gamoteca anymore. Because Gamoteca is evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. We are not obligated, however, to update the Courses or related materials made available as part of the Services.

 

4. Eligibility and Accounts.

  1. You may use Gamoteca only if you are 18 years or older and capable of forming a binding contract with Technovatio, and are not otherwise barred from using Gamoteca under applicable law.
  2. If you want to access and use Gamoteca either as a Creator, in order to create Games, or as a Player, in order to play the Games, you’ll have to create an account (“Account”).
  3. You can do this via Gamoteca or through your account with third-party services currently used by Gamoteca in connection with the platform, such as Facebook, Google, Apple or other partner single-sign on platforms (“SSO login”).
  4. If you choose the SSO option, we’ll create your Account by extracting from your SSO Account certain personal information such as your name and email address and other personal information that your privacy settings on the SSO Account permit us to access. When you register, as part of the Account setup process, we’ll use the information you provide to us to administer your Account and to recommend certain games and creator services to you that are appropriate and correspond to your indicated interests.
  5. When you register to be a Creator, as part of the Account setup process, you’ll provide us with certain information such as your name, email address, third party payment processing account information (your “Payment Account”), and any other necessary Account information. We’ll use this information to administer your Account.
  6. It is important that you provide us with accurate, complete and current information for your Account and you agree to keep this information accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account.
  7. To protect your Account, keep the Account details and password confidential and notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

 

5. The Services; Disputes and Release.

(a) Generally

  • Through Gamoteca, we provide a platform enabling Creators to create and publish games to be accessed by Players who wish to access these.
  • The Players can be from within the Creators’ organisation or external to it.
  • Gamoteca enables the connection between Players through it’s multiplayer Game capabilities for the purpose of sharing user-generated content between Players.
  • Gamoteca’s role in this process is solely to provide the technology and platform to enable the creation and access of the Games.
    Participation in Games involves a direct relationship between a Creator and a Player. Technovatio is not a party to any agreements between Creators and Players with respect to Courses, and does not have control over and disclaims all liability for the content, quality, timing, legality, failure to provide, or any other aspect whatsoever of any Games created by Creators.
  • Gamoteca makes no representations about the suitability, reliability, or accuracy of the Games created by Creators.

(b) Creating and Classifying Games

When you register to be a Creator, you’ll be able to create Games and:

  • Make them available via the Gamoteca App and the a shared marketplace of public Games (the “Marketplace”) that Players may access through Gamoteca (such Games, collectively referred to as “Public Games”); or
  • Make them available to Players by means of your own selected advertising and promotional channels, including third-party websites, social media, or other such channels (collectively, the “Channels”) without making them available on the Marketplace (such private Games, together with the Public Games, collectively, “Games”).
  • For the avoidance of doubt, Creators may also promote or advertise their Public Games through any Channels, in addition to making them available through the Marketplace; provided that all Games are subject to prior approval by Technovatio.
  • For each Games you create, you must specify in reasonable detail: (1) requirements for a Player to participate in and complete the Game; (2) instructions sufficient for a Player to participate in and complete the Game; and (3) comply with all rules and guidelines set by Gamoteca with respect to Game creation.
  • Creators have the right, at any time and in their sole discretion, and subject to these Terms, to approve or reject enrollment by a Player in their Game. You agree to use best efforts to continuously and diligently monitor and supervise Players’ participation in and completion of the Game (including by responding to Players’ inquiries).
  • We grant you limited permission to use the Gamoteca name solely to denote the existence of these Terms, in connection with the advertising and promotion of the Game(s) you make available through Gamoteca; provided that we must approve your use of the Gamoteca name in each instance.

(c) Relationship of the Parties

Creators are not employees, agents or contractors of Technovatio, nor are they otherwise in a direct or indirect working or service provider relationship with Technovatio.

(d) Disputes and Release

Because Technovatio is not party to any agreement or interactions between Creators and Players, in the event that you have a dispute with one or more Creators or Players (as applicable), you agree to address such dispute directly with the Creator or Player (as applicable) in question and you release Technovatio and our affiliates, officers, directors, agents, investors, subsidiaries, and employees (collectively, “Affiliates”) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

 

6. Payments and Subscriptions

  • If you are a Creator and decide to use the Pro or Enterprise features, you agree to pay Technovatio a fee for use of Gamoteca (or certain portions thereof), depending on the type of subscription (“Subscription”) you select, and you agree to pay such fees.
  • If you are a Player, you will not be charged any fees by Technovatio for access and use of Gamoteca.
  • When you purchase a Subscription as a Creator (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such a Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”).
  • You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
  • When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).
  • You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
    By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you.
  • All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in Pound Sterling (GBP).
  • Technovatio has no obligation to provide refunds, but may do so in Technovatio’s sole discretion.

(a) Subscriptions

  • If you purchase a Subscription, you will be charged the monthly or annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year (as applicable) thereafter, at the rate of the then-current Subscription Fee.
  • BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE Gamoteca TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW.
  • If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year (as applicable) starting from the date of the commencement of your Subscription, using the Payment Information you have provided, until you cancel your Subscription.
  • No less than fourteen (14) days, in the case of a Subscription plan that is charged on a monthly basis, and no less than sixty (60) days, in the case of a Subscription plan that is charged on an annual basis, before your Subscription term ends, or otherwise in accordance with applicable law, Technovatio will send you a reminder with the then-current Subscription Fee.
  • By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Gamoteca.
  • Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

(b) Cancelling Subscription.

  • You may cancel a Transaction for a full refund within ten (14) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.
  • Without limiting the foregoing, a Creator may cancel a Subscription at any time, but please note that cancellation of a Subscription will be effective at the end of the then-current Subscription period.
  • EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
    To cancel, you can do this under the “Manage Team->Billing” section or by sending an email to contact@gamoteca.com.
    Creators will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period.
  • If a Creator cancels a Subscription, such Creator’s right to use Gamoteca will continue until the end of the then-current Subscription period and will then terminate without further charges.

 

7. Your Content

(a) Posting Content

Gamoteca may allow you to store or share content that includes, without limitation, text, files, documents, graphics, images, audio, and video. Anything (other than Feedback) that you post or otherwise make available through Gamoteca, including Game content and materials is referred to as “User Content”. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permission to Your User Content

By making any User Content available through Gamoteca you hereby grant us a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

(c) Your Responsibility for User Content

You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Gamoteca, nor any use of your User Content by us on or through Gamoteca will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) Removal of User Content

You can remove your User Content by specifically deleting it, to the extent feasible and practicable. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on Gamoteca. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Reservation of Rights

We and our licensors exclusively own all right, title and interest in and to Gamoteca including all associated patent, copyright, trademark, trade secret, moral rights or other intellectual property rights (“Intellectual Property Rights”). You acknowledge that Gamoteca is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Gamoteca.
(f) Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to Gamoteca (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

 

8. Rights in Content Granted by Technovatio

Subject to your compliance with these Terms, Technovatio grants you a limited, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and view the content available through Gamoteca (the “Content”) solely in connection with your permitted use of Gamoteca.

 

9. General Prohibitions and Our Enforcement Right

You agree not to do any of the following

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Services, or any individual element within Gamoteca, Gamoteca’s name, any Gamoteca trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent.

(c) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Gamoteca or any of Technovatio’s providers or any other third party (including another user) to protect Gamoteca or Content;

(d) Attempt to access or search Gamoteca or Content or download Content from Gamoteca through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Gamoteca or other generally available third -party web browsers;

(e) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(f) Use any meta tags or other hidden text or metadata utilizing an Gamoteca trademark, logo, URL or product name without express prior written consent;

(g) Use Gamoteca, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;

(h) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Gamoteca or Content to send altered, deceptive or false source-identifying information;

(i) Attempt to decipher, decompile, disassemble or reverse engineer any software contained on Gamoteca

(j) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Gamoteca;

(k) Impersonate or misrepresent your affiliation with any person or entity; or

(l) Violate any applicable law or regulation.

We are not obligated to monitor access to or use of Gamoteca or to review or edit any content. However, we have the right to do so for the purpose of operating Gamoteca, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Gamoteca. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

10. Copyright Policy

We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

11. Links to Third Party Websites or Resources

Gamoteca may allow you to access third-party websites or other resources. We have not reviewed all such third-party websites and resources and provide access only as a convenience, and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. The inclusion of any third-party websites or other resources on Gamoteca does not imply our endorsement of such third-party websites or other resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources.

 

12. Termination

We may suspend or terminate your access to and use of Gamoteca, including suspending access to or terminating your Account, at our sole discretion, at any time and without notice to you. You may cancel your Account or, if you are a Player, cease participation in any Game or use of Gamoteca, at any time by sending us an email at contact@Gamoteca.com. If Technovatio terminates your access to and use of Gamoteca for reasons other than your failure to comply with these Terms, Gamoteca will, at its discretion, refund to you any applicable Subscription Fees, if you are a Creator.

 

13. Warranty; Disclaimers

(a) General. THE SERVICES AND THE COURSES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES AND THE COURSES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE, BUG-FREE, OR DEFECT-FREE BASIS. WE MAKE NO WARRANTY CONCERNING THE QUALITY, ACCURACY, LIKELY RESULTS, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE USE OF THE INFORMATION OR CONTENT ON THE SERVICES.

(b) No Liability for User Conduct. NEITHER TECHNOVATIO NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES. TECHNOVATIO DOES NOT RECOMMEND ANY PARTICULAR GAME OR CREATOR. TECHNOVATIO DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY AUTHOR’S PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSE.

 

14. Indemnification

You will indemnify and hold us and our Affiliates harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content; or (c) your violation of these Terms.

 

15. Limitation of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TECHNOVATIO OR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES OR (INCLUDING OTHER USERS OF THE SERVICES WITH WHOM YOU HAVE ENTERED INTO AN AGREEMENT IN CONNECTION WITH THE SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR SERVICE PROVIDERS HAVE BEEN NOTIFIED, ORALLY OR IN WRITING, OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSES.

(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED: (I) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO US FOR USE OF THE SERVICES; OR (II) ONE-HUNDRED POUNDS STERLING (£100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TECHNOVATIO AND YOU.

 

16. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws provisions.

 

17. General Terms

(a) Force Majeure. Neither party will be liable in damages or have the right to terminate these Terms for any delay or default in performing hereunder (except for failure to timely pay) if such delay or default is caused by conditions beyond its reasonable control including acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), acts of terrorism, wars, disease, or insurrections.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Technovatio and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Technovatio and you regarding the Services.

(c) Severability. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

(d) Construction. Without limitation, the terms of any other document, course of dealing, or course of trade will not modify these Terms, except as expressly provided in these Terms or as the parties may agree in writing. Failure to promptly enforce a provision of these Terms will not be construed as a waiver of such provision.

(e) Interpretation. The headings to Sections of these Terms are for convenience or reference only and do not form a part of these Terms and will not in any way affect their interpretation. Neither party will be afforded or denied preference in the construction of these Terms, whether by virtue of being the drafter or otherwise. For purposes of these Terms, the words and phrases “include”, “includes”, “including”, and “such as” are deemed to be followed by the words “without limitation”.

(f) No Joint Venture or Partnership. Nothing contained in these Terms will be deemed to create, or be construed as creating, a joint venture, employment, agency, partnership, or other relationship between the parties.

(g) Assignment. You may not assign, delegate or otherwise transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(h) Notices. Any notices or other communications provided by Gamoteca under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(i) Waiver of Rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Technovatio. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

18. Contact Information

If you have any questions about these Terms or the Services, please contact us at contact@Gamoteca.com.