Updated November 2024

 

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:

 

Unit 5 Callow Park, Callow Hill, Brinkworth, England, SN15 5FD 

Email:info@gamoteca.com

 

Gamoteca is: 

1. A platform for learning experiences (“platform”) to easily create and publish experiential learning experiences. The Gamoteca platform is located at https://www.gamoteca.com and its sub-domains.

2. A mobile learning app (“app”) for learners, referred to on Gamoteca as learners  (“learners”) to access experiential-based learning. The Gamoteca mobile app is available on the Google and Apple app stores, as well as at https://play.gamoteca.com.  

Our platform and app allows individuals and/or businesses (“creators”) to create technology-enabled collaborative activities (“TECAs) (“”), which will be played through the app, with individuals that wish to enrol in such TECAs  (“learners”). To make this Privacy Policy easier to read, the Platform and App are collectively called “Gamoteca”. 

 

You may register through Gamoteca to be:

• A Creator who creates TECAs and publishes them through the Platform and/or,

• A Player who accesses TECAson the App. 

 

At Technovatio, we are committed to respecting and protecting your privacy. We comply with the UK General Data Protection Regulation and the Data Protection Act 2018 which protects the privacy and security of personal data. Broadly, this means we comply with the following  data protection at all times: 

• Personal data is collected after getting explicit consent from each creator or learner. Please note, that if you have access via your organisation, they may give consent on your behalf 

• Personal data should be fairly and lawfully processed and should be done so in a transparent manner, ensuring that you are aware of both what data we are processing and why.

• Personal data should be processed for limited purposes and the purpose must be specified.

• Personal data shall be adequate, relevant and not excessive, meaning we will only collect as much as we need to carry out our essential processing.

• Personal data should be accurate and up to date: if it is not, we will correct it within 1 month of receiving the request.

• Personal data should not be kept longer than necessary. To ensure this we observe an information retention policy.

• Personal data must be secure. Gamoteca has in place appropriate technical and organisational measures to prevent accidental or deliberate loss, destruction or damage.

• Personal data collected and stored can be deleted on request from any player, creator or organisation.

 

 

Please read this policy carefully to understand how we collect, use and store your personal data.

 

Technovatio is the data controller of this platform. Technovatio believes strongly in protecting your privacy and the confidentiality of your personal information. We acknowledge that you may have privacy and security concerns with the information we collect, use, and disclose to third parties to allow us to offer and provide our platform, products, and services to you. This Privacy Policy sets out how we will process your personal data. It also explains the types of cookies we use on our website. By continuing to use our website, you consent to the use of those cookies.

 

Why do we collect and process personal information?

Technovatio processes personal information with your consent and for the legitimate interest of understanding the needs of its clients and users and developing products and services that meet their needs.

 

We may use your personal information to:

• facilitate access to Gamoteca and the learning games hosted on the platform;

• carry out our obligations arising from any contracts or agreements entered into by you and us;

• seek your views or comments on the services we provide;

• notify you of changes to Gamoteca; and

• send you communications which you have requested or that may be of interest to you. These may include information about Gamoteca’s activities and promotion of our other platforms, products, and services.

You agree that any information you provide to us about yourself upon registration or at any time is true and accurate. 

 

See the Terms and Conditions of Use for more information.

 

How do we collect your personal information?

 

Gamoteca has been developed to serve the needs of

• TECA creators (individual trainers and teams) and through them their end users, 

• learners accessing TECAs through the player app.

Your data may be collected when:

• Registering on Gamoteca as a Creator on the Platform or as a Player on the App.

• Using Gamoteca as a creator, you may be asked to provide us with key team information, e.g. organisation name, main administrators, contact email addresses, country location, and other similar information. We will use this information to allow you to use Gamoteca, including to create TECAs and publishing them  with learners. To the extent that you provide the personal data of other team members, you warrant that you have the necessary third-party consent and/or applicable legal justification for sharing this information with the Gamoteca platform.

• Creating content on Gamoteca, e.g. learning experience designs, learners details, training venues, etc.  Games created and played through Gamoteca will be stored on the Platform (and will be visible to other creators within your organisation).

• Publishing TECAs through the Platform may be available to other learners or teams to access, edit and play.

• Playing and facilitating TECAs, i.e. user generated content during sessions, e.g. text, photos and videos.

• If you pay for a Gamoteca Pro or Enterprise subscription (see https://www.gamoteca.com/pricing/), minimum transaction data (subscription ID, customer ID) related to payments made via our payment provider, Stripe (https://stripe.com/) will be stored on Gamoteca. Note: We do not store credit card details, addresses, and other billing details on our platform.

We use this information based on your consent. Please note that you can withdraw that consent at any time in the manner set out below.

 

Gamoteca does not routinely collect or process sensitive personal data. If Gamoteca were to process any sensitive personal data, we will make sure that we only do so following one of the additional lawful grounds for processing that type of data, such as where we have your explicit consent or you have made that information manifestly public. Sensitive personal data may include your racial or ethnic origin, philosophical or religious beliefs, sexual preferences or practices, criminal record, membership of a political party, professional or trade association, biometric or genetic data, passwords, financial information, or health data.

 

Information about the use of our website

 

We also obtain information about how people use our website, platform and player app so we can improve it. This information will identify you individually only where it is necessary to do so. In particular, if you visit our website we may record information about:

• the areas of Gamoteca you visit

• the amount of time you spend on Gamoteca

• whether you are new to Gamoteca, or have visited it before

• how you came to Gamoteca – for example, through an email link or a search engine

• the type of device and browser you use.

• the types of interactions you engage in, e.g. clicking the “start” button

Some of this information may also be recorded by using cookies.

 

We may analyse your personal information to create a profile of your interests and preferences so that we can contact you with information relevant to you.

 

Who may have access to your personal information?

• We will not sell or rent your information to third parties.

• We will not share your information with third parties for marketing purposes.

Disclosure of information to third parties: Platform content

• If you engage with Gamoteca, your name, email and TECA play data will be visible to other users of your team.

• Games published through Gamoteca may be visible to other learners and Creators depending on publishing settings.

• As a Player, when you join a TECA created and published by a Creator (within or outside your team), your name, email and user-generated content and TECA data (e.g. text, photos, videos uploaded) will be made available to the Creator for TECA monitoring and providing feedback.

• We may also need to disclose your information if required to do so by law, a regulator or in the course of legal proceedings, or to our professional advisers or auditors.

Disclosure of information to third parties: platform management and analytics

• Technovatio may contract third parties to provide site management or data analysis services that help ensure Gamoteca provides a high-quality experience.

• All of Technovatio’s third party suppliers are contractually obliged to abide by UK law in the processing and storage of your data, which includes compliance with the UK General Data Protection Regulation and the Data Protection Act 2018 . Gamoteca also makes use of tracking and analysis tools from Google, Facebook, MixPanel and Intercom as well as other appropriate systems, to understand how people use our website, platform and player app so we can make them more effective.

Retention of your personal information

We will hold your personal information on our systems for as long as we consider necessary for the relevant activity or as long as is set out in any relevant agreement you enter into with Technovatio.

 

Protection of your personal information

• We take appropriate organisational and technical measures, including physical, electronic and managerial activities, to ensure that we keep your information secure, accurate and up to date, and that we only keep it as long as is reasonable and necessary.

• Although we use appropriate security measures once we have received your personal information, the transmission of information over the internet is never completely secure. We do our best to protect personal information, but we cannot guarantee the security of information transmitted to our website, so any transmission is at the user’s own risk.

Sending information by email

• Emails aren’t always secure, and they may be intercepted or changed after they have been sent. Technovatio does not accept liability for any damage or loss caused or suffered in connection with any such communications. The contents of emails reflect their author’s views and not necessarily those of Technovatio.

• Please do not send Technovatio any confidential information, financial, or other sensitive personal data through email.

• The information in emails is confidential, so if you’ve received one by mistake, please delete it without copying, using, or telling anyone about its contents.

Your rights and choices

 

Data protection laws provide you with various rights. In particular, you have a right to:

• Be removed from our marketing mailing lists, or to change your marketing preferences

• Request a copy of the information we hold about you

• Ask that we update the information we hold for you, or correct information you think is incorrect or incomplete

• Ask that we delete the information we hold about you subject to any overriding legal requirements

• Withdraw consent to our processing of your information (to the extent such processing is based on consent) or otherwise object to our processing of your information

 

The Gamoteca team

 

If you are unhappy with the way we have handled your information you have a right to complain to the Information Commissioner’s Office in the UK. Her website is available at https://ico.org.uk.

 

Changes to this privacy policy

We may change this Privacy Policy from time to time so please check this page occasionally to ensure that you’re happy with any changes. By using Gamoteca, you’re agreeing to be bound by this Policy.

 

 

 

Terms and Conditions 

 

Updated November 2024

 

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: 

1. A platform for learning experencegame creators (“platform”) to easily create and publish experiential learningmicro-learning experiences. The Gamoteca platform is located at https://www.gamoteca.com and its sub-domains.

2. A mobile learning app (“app”) for learners, referred to on Gamoteca as learners  (“learners”) to access the experientialgame-based learning. The Gamoteca mobile app is available on the Google and Apple app stores, as well as at https://play.gamoteca.com.

1.  

 

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 learning experiences  (“games”), which will be played through the app, with individuals that wish to enroll in such games  (“learners”). 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 Creator who creates TECAsgames and publishes them through the Platform and/or,

• A Player who accesses TECAsthe game-based learning on the App. 

•  

 

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 will be prohibited from using or accessing  Gamoteca. 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. 

• 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. 

• If you want to access and use Gamoteca either as a Creator, to create learning experiences, or as a Player to go through the learning experiences you’ll have to create an account (“Account”). 

• 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”). 

• 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. 

• 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. 

• 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. 

• 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 learning experiences  to be accessed by learners who wish to access these. 

• The learners can be from within the Creators’ organisation or external to it. 

• Gamoteca enables the connection between learners through multiplayer Game capabilities for the purpose of sharing user-generated content between learners. 

• 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 learners with respect to learning experiences, and does not have control over and disclaims any and all liability for the content, quality, timing, legality, failure to provide, or any other aspect whatsoever of any experiences  created by Creators. 

• Each Creator represents and warrants that the content of any learning experience will not infringe the copyright or other intellectual property rights of any third party. 

• Each Creator agrees to indemnify Gamoteca in respect of any claims, costs, losses, or liabilities incurred or suffered to third parties as a result of the Creator’s use of the Gamoteca platform, including but not limited to in respect of any alleged intellectual property infringement.

• Gamoteca makes no representations about the suitability, reliability, or accuracy of the Games created by Creators.  Further, Gamoteca excludes, to the extent permitted by applicable law, any warranty that the content of the platform is of satisfactory quality or fit for any specific purpose. 

 

(b) Creating and Classifying Learning Experiences. 

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

  • (i) make them available via the Gamoteca App and the a shared marketplace of public learning experiences  (the “Marketplace”) that learners may access through Gamoteca  (such Technology Enabled Collaborative Activities , collectively referred to as “Public learning experiences””); or 

  • (ii) make them available to learners 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 learning experiences , together with the Public learning experiences , collectively, “TECAs”). 

• For the avoidance of doubt, Creators may also promote or advertise their Public learning experiences  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 TECA 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 TECA; and (3) comply with all rules and guidelines set by Gamoteca for TECA 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 your best efforts to continuously and diligently monitor and supervise learners’ participation in and completion of the TECAs (including by responding to learners’ 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 TECA(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 learners, in the event that you have a dispute with one or more Creators or learners (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 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 or 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. 

• If any subscription is unpaid or late, you agree that Gamoteca may take steps to (a) terminate your use of the platform and/or (b) recover any unpaid sums due from you through legal action, in addition to interest on the amount due and payable calculated at 8% plus the prevailing Bank of England interest rate for any business customers. 

• No less than fourteen (14) days, in the case of a Subscription plan that is charged every month, 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 following 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 TECA 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 rights, titles and interests in and to Gamoteca including all associated patents, copyrights, trademarks, trade secrets, 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 Rights. 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. Gampoteca 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, and any dispute shall be subject to the jurisdiction of the courts of England and Wales. 

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.