Gameflix Enduser Agreement (effective from 22 November 2024)

Gameflix Enduser Agreement (effective from 22 November 2024)

Hello, GAMEFLIX gamer! We hope you have a great time playing games and doing other cool things via GAMEFLIX.TV and the GAMEFLIX PC GAMESTREAM application. We've put a lot of work into building GAMEFLIX.TV and GAMEFLIX SERVER and CLIENTS and as a result we need to have some rules about how you can access and use GAMEFLIX services. So, we've put this Agreement together as simply as we legally can, with some short summaries to help you understand what it means. However, please be aware that the full text wording is what is important/binding legally. Please read these terms carefully before you start using the GAMEFLIX services - by using GAMEFLIX services, you agree to be bound by this Agreement and any terms incorporated in it.

Please also be aware that by accepting the Agreement, you also accept other GAMEFLIX rules that apply to GAMEFLIX services, including:

• Our Privacy Policy which explains what data we collect from you and how we protect it;
• GAMEFLIX Code of Conduct which is a set of rules you need to follow as part of our community, explaining what is (not) allowed on GAMEFLIX and how we moderate content posted here;
• Infringing Content and Copyright Policy which explains how you can report unlawful content on GAMEFLIX and what happens when you do.

LEGALLY BINDING VERSION                     

1. ABOUT THIS AGREEMENT

1.1 This Agreement is a contract between you (we will further call you just “you”) and GAMEFLIX Inc (we will further call ourselves “GAMEFLIX” or just “us”) and applies to www.GAMEFLIX.TV, your GAMEFLIX user account, GAMEFLIX SERVER application (including GAMEFLIX APP store), any games or videos or other content or services which you purchase or access via us, the GAMEFLIX web forums, GAMEFLIX customer and technical support and other services we provide to you (we'll just call all this “GAMEFLIX services” for short). Here we set out your rights and obligations as a recipient of GAMEFLIX services.

1.2. Additional terms may apply to GAMEFLIX services and in such a case we will post them for your acceptance. For example, if you would like to use the GAMEFLIX CLIENT application, the relevant terms will be posted for your acceptance before you start using these services.

1.3 Also, when we're talking about games, in-game content, virtual items or currency or GAMEFLIX videos or other content or services which you can purchase or access via GAMEFLIX services, we’ll just call them “GAMEFLIX games” or “GAMEFLIX videos” respectively and when we talk about them all together they are “GAMEFLIX content”.

1.4 We didn’t want to make this document too long, but keep in mind that by accepting our User Agreement you also accept:

• our Privacy Policy - which explains what data we collect from you and how we protect it,
• GAMEFLIX Code of Conduct which is a set of rules you need to follow as part of our community,
• Infringing Content and Copyright Policy which explains how you can report unlawful content on GAMEFLIX and what happens when you do.

1.5 GAMEFLIX works with trusted partners, developers and publishers, payment providers, customer service software providers and others (“Partners”) – more on them later in this Agreement.

1.6 If you're over 18, then welcome! If you're between 16 and 18, before we extend an equally warm welcome, please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter into contracts like this Agreement). If you’re not 16 yet you cannot have a GAMEFLIX account or use the GAMEFLIX services because legally we cannot handle personal data of children without a special parental or guardian’s permission (but your parents/guardians are welcome to sign up themselves).                                                                           

2. USING GAMEFLIX SERVICES AND GAMEFLIX CONTENT

2.1 We give you and other GAMEFLIX users the personal right (known legally as a 'license') to use GAMEFLIX services and to download, access and/or stream (depending on the content) and use GAMEFLIX content. This license is for your personal use. We can stop or suspend this license in some situations, which are explained later on.

2.2 When you buy, access or install GAMEFLIX games, you might have to agree to additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game specific End User License Agreement). If there is any inconsistency or dispute between those ‘EULAs’ and this Agreement, then this Agreement wins.

2.3 With GAMEFLIX videos, you can also stream purchased video content or download it to watch the way you want.

2.4 Using certain third-party scripts is recommended for your full use of GAMEFLIX functionality and, although that usage is optional, we cannot promise full service performance without them.

2.5 A quick word about GAMEFLIX SERVER, which is our (optional) application which not only allows you to buy and access GAMEFLIX content but also provides cool features like unified game library, and one friends list across platforms, online multiplayer, achievements, cross-platform GameStream, game-time tracking, cloud-saves and game overlay.

2.6 In some parts of GAMEFLIX services, we use recommendation systems to present you the content that you are most likely to be interested in.                        

3. GAMEFLIX ACCOUNT

3.1 To buy GAMEFLIX content from GAMEFLIX services, and in some cases to play/use GAMEFLIX content where our partners require use of a GAMEFLIX account, you will need to set up a GAMEFLIX account. This will involve creating a password (which is encrypted so we can’t access it) and a username, plus giving us (for identification purposes) your email address. Please make sure your login credentials are kept secure and your account is used properly. In your GAMEFLIX account settings you can also optionally set your country of residence, birthday and avatar. Our Privacy Policy gives more details about the information we collect from you and how we use it and protect it.

3.2 You can use your GAMEFLIX account to set up a public profile accessible by other people. You can also use your GAMEFLIX account to connect with other GAMEFLIX users. Please act sensibly and remember you are responsible for your own actions.

3.3 Your GAMEFLIX account and GAMEFLIX content are personal to you and cannot be shared with, sold, gifted or transferred to anyone else. Your access to and use of them is subject to GAMEFLIX’s Privacy Policy and Code of Conduct which are updated or amended when necessary.

3.4. Access to and use of the games purchased from different platforms (i.e. with what we call ‘Keyless Access’), including their minimum system requirements is governed by respective third-party platform policies and (as applicable) additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game specific End User License Agreement). It may require having a third-party platform account. These platforms may roll out patches or updates for your purchased games.

4. SYSTEM REQUIREMENTS

4.1 Because GAMEFLIX gives you access to many different services and games created at different times and via different platforms, we cannot give you one set of system requirements for all GAMEFLIX services or GAMEFLIX content. Please make sure your computer and Internet connection are good enough to use GAMEFLIX services and play GAMEFLIX games and videos.

4.2 What we can tell you is that using any GAMEFLIX game will require a computer, equipped with a mouse and keyboard (touchscreen controls are not supported), with an appropriate operating system (please refer to the relevant GAMEFLIX product page) with all service packs and important updates installed on it. All GAMEFLIX games should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications shown on the GAMEFLIX product page. GAMEFLIX games are not tested on virtual machine software and therefore we do not support playing through them.

4.3 For GAMEFLIX videos, please make sure your video player supports the videos’ format specified in the GAMEFLIX product page.

4.4 If you have questions about system requirements, please contact us here. Just so we're clear, you are responsible for making sure you have sufficient Internet access to download purchased GAMEFLIX games or GAMEFLIX videos from us or to stream GAMEFLIX videos and that your system can play GAMEFLIX games and watch GAMEFLIX videos.               

5. BETAS

5.1 As GAMEFLIX develops, we may offer you optional access to 'beta' versions of GAMEFLIX software or services (e.g. new versions of the GAMEFLIX SERVER application made available prior to its general release) or GAMEFLIX content.

Here are the rules:

1. a) We (or any applicable publisher/partner) will set the conditions and requirements for your beta access. Providing and maintaining a beta, and who can use a beta, is at our discretion.
2. b) You may be required to go through a registration process or other requirements to access the beta (and this may include you meeting eligibility criteria).
3. c) Betas will be time-limited and there may be extra contract requirements.
4. d) The beta may involve temporary or permanent server/progress/content wipes, resets or amendments.
5. e) The beta may be subject to confidentiality restrictions (which will be notified to you in advance if so).
6. f) You may be invited to participate in a feedback process regarding the beta – this is totally optional but would be really valued.
7. g) The beta is for your personal use and enjoyment, so you must not sell, loan or otherwise transfer it to anyone else.
8. h) The point of you getting beta access is to allow you to try something new, but we would expect you to recognise that it will not be complete yet. Therefore betas will be provided 'as is' without any additional promises from us or any liability on us if it is not complete or does not work fully or causes issues. Betas may not be totally feature-complete and there may be feature changes, modifications or removals during the beta.
9. PAYING FOR GAMEFLIX CONTENT AND GETTING REFUNDS

Paying for GAMEFLIX content

6.1 After you decide that you like a GAMEFLIX game, GAMEFLIX video or other GAMEFLIX content, you usually will need to pay for it before you can access it (though we do have some free content too!). You can pay in different ways: (i) using a valid debit or credit card; or (ii) using PayPal or any other authorized payment provider. Remember to keep your payment details secure.

6.2 When you use a payment method to buy GAMEFLIX content, we're relying on your promise that you're able to use that method. You are responsible for any purchases made using your GAMEFLIX account or payment method and you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. All payments are non-refundable and non-transferable except as expressly provided in this Agreement.

6.3 You can always pay for GAMEFLIX content in US Dollars. However if you happen to live in countries where your local currency is supported, you will be able to pay in your local currency. You might have to pay a currency conversion charge if you are not paying in your home currency and some banks might also add other kinds of transaction fees.

6.4. All prices are visible in the product catalog page. They’re inclusive of taxes like VAT, if applicable. You should also expect some sales taxes/VAT to be added to your price at checkout, if required by your local laws (f.ex. in US or Canada).

GAMEFLIX Wallet

6.5 GAMEFLIX offers users a digital account balance called the “GAMEFLIX Wallet” in connection with your user account, which you can use to make purchases of GAMEFLIX content on dedicated GAMEFLIX services. Funds can be added to it in two ways: (i) using your chosen payment method; or (ii) by us as part of our ‘Voluntary Refund Policy’ in which case we may offer refunds to GAMEFLIX Wallet that you can use to get a replacement GAMEFLIX game or other GAMEFLIX content. The GAMEFLIX Wallet is made available subject to rules which are set out on our GAMEFLIX Wallet page.

GAMEFLIX Bonus Codes

6.6. We may also issue usually time-limited bonus codes which give you free or reduced price access to GAMEFLIX content (we’ll call them “Bonus Codes”). If you receive Bonus Codes when you buy GAMEFLIX content but later decide to return that GAMEFLIX content, then we think it’s fair for you to return the Bonus Codes too. Therefore, we will terminate it or, if it has been redeemed for a GAMEFLIX game, that game will be removed from your account.

Direct to Account Distribution

6.7 We have a direct to account distribution feature (we’ll call it ‘GAMEFLIX Direct to Account) where distribution platforms who partner with us would be able to sell games or other content to you, where you could choose for that game/content to be automatically activated within your GAMEFLIX account, without the need to redeem any codes. Just to be clear, the whole purchase process is handled by the other platform, so in case of any issues with the purchase process please speak with them directly. For this particular matter therefore, we cannot offer you Our Voluntary Refund Policy (because GAMEFLIX didn’t sell the game/content). Of course, anything connected to our platform’s services is still our responsibility.

7. REFUNDS AND RETURNS

Statutory refund rights

7.1. If you are a resident of the European Union or other applicable jurisdictions (excluding the USA), then you have the statutory right to withdraw from a purchase of GAMEFLIX content within 14 days of your purchase, without giving a reason. To exercise the right of withdrawal, you should inform us of your decision to withdraw from this contract by an unequivocal statement (an email sent to [email protected], or a physical letter at an address set out in Section 23 below). You may use the model withdrawal form attached at the end of this Agreement, but you do not have to. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. However, this does not apply where you have expressly consented to the performance of the GAMEFLIX content (which is digital content) beginning immediately upon conclusion of the purchase process and have acknowledged the loss of your withdrawal rights.

7.2. Neither this nor any other part of this User Agreement affects your statutory rights. In particular:

1. a) For Australian Users: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2. b) For New Zealand Users: Neither this nor any other part of this User Agreement excludes, restricts or modifies the application of any right or remedy that cannot be so excluded, restricted or modified including those conferred by the New Zealand Consumer Guarantees Act 1993. Under this Act are guarantees which include that goods and services are of acceptable quality. If this guarantee is not met there are entitlements to have the software remedied (which may include repair, replacement or refund). If a remedy cannot be provided or the failure is of a substantial character, the act provides for a refund.

Our Voluntary Refund Policy

7.3. We understand that sometimes a purchase doesn't turn out how you expected and we want to be fair to GAMEFLIX users. This is why on top of your statutory refund rights (described in section 7.1.-7.2. above) we may offer you a Voluntary Refund Policy described.  In some rare cases if we have reasonable doubts regarding your refund request, we may not apply the Voluntary Refund Policy. In no case this will deprive you of any applicable statutory refund rights. A sale is considered final once your refund rights expire (unless we agree otherwise on a case-by-case basis).

8. VIRTUAL ITEMS AND VIRTUAL CURRENCY

8.1 With certain GAMEFLIX content you may be able to purchase or acquire virtual items and/or virtual currency (we’ll call them “Virtual Goods” for short). Virtual Goods are subject to this Agreement and in particular the following default rules, unless there are specific rules for that GAMEFLIX content (which will prevail over these rules).

8.2 Virtual Goods are digital items only with no cash-value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, exchanged for other Virtual Goods, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Goods is prohibited (unless you are specifically permitted to do so). Your right to use any Virtual Goods is limited to a limited, nonexclusive, non-assignable, non-transferable, non-sublicensable, revocable license to use them solely for your personal entertainment and non-commercial use in the applicable GAMEFLIX content. You have no property interest or right or title in any Virtual Goods, which remains the appropriate publisher’s property. Virtual Goods may be changed, amended or reversed if necessary, including to enforce this Agreement. If necessary, limits may be placed on the use of Virtual Goods (including transaction limits and balance amounts).

8.3 The existence of a particular offer for Virtual Goods is not a commitment by us to maintain or continue to make the Virtual Goods or that offer available in the future. The scope, variety and type of Virtual Goods that you may obtain can change and we have the right to manage, modify and remove Virtual Goods if we consider necessary for the ongoing operation of GAMEFLIX or GAMEFLIX content or for other legitimate reasons, in which case we will have no liability to you or anyone for the exercise of such rights. We will make reasonable efforts to notify you of any such change and to explain the reason for such change.    

9. PATCHES, UPDATES AND CHANGES

9.1 Occasionally we may need to patch or update GAMEFLIX services or GAMEFLIX content (for example to add or remove features or to resolve software bugs). We need these rights in order to keep GAMEFLIX running efficiently and safely. Not patching or updating the GAMEFLIX services or GAMEFLIX content may result in inferior performance of your version or incompatibility of your version with some of the GAMEFLIX services or GAMEFLIX content features. Doing so, you are also risking not installing important security updates. Our Partners may use GAMEFLIX services to roll out patches or updates for applicable GAMEFLIX content.   

10. OWNERSHIP OF GAMEFLIX SERVICES AND INTELLECTUAL PROPERTY RIGHTS

10.1 GAMEFLIX services including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding them are either owned by us or we license them from third parties. GAMEFLIX content is owned by its developers/publishers and licensed by us. All rights are reserved except as we have explained in this Agreement. You may not use or exploit any part of the GAMEFLIX services or GAMEFLIX content except as explained in this Agreement.

10.2. GAMEFLIX respects the intellectual property rights of others.

11. RULES FOR USING GAMEFLIX SERVICES

11.1 Please follow these rules regarding the GAMEFLIX services and GAMEFLIX content, and any additional rules we link in 11.2 below. Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of this Agreement, which could lead to suspension or cancellation of your access to GAMEFLIX services. Here are the rules:

(a) Only use GAMEFLIX services or GAMEFLIX content for your personal enjoyment (for example, don't use them to make money, for piracy or for political purposes).

(b) Regarding GAMEFLIX content, what you can do practically apart from playing the games (like create derivative works of it) depends on what the GAMEFLIX content rights holder allows you to do (GAMEFLIX can’t grant such rights). So please check this with the rights holder directly (the first thing you should do though is to check if they have a EULA and if so what it says). We also ask that you make only genuine attempts to improve the GAMEFLIX content.

(c) Regarding GAMEFLIX services (which includes GAMEFLIX software), unless you have prior GAMEFLIX permission please don’t modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of them – unless you’re allowed in this Agreement or by the law in your country. We’d like to emphasize that you are free to contact us for permission to do these things and we will review and respond to those requests in good faith. More generally, at some point in the future we want to open client protocols to make it easier for users to work with GAMEFLIX data/software without any need for reverse engineering or similar techniques.

(d) Don't hack, harm, grief, interrupt or misuse GAMEFLIX services or GAMEFLIX content, GAMEFLIX users or GAMEFLIX personnel or use them for any similar purpose.

(e) Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect GAMEFLIX services or GAMEFLIX content in any way (including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between GAMEFLIX or its partners and GAMEFLIX services and/or any unauthorized third party programs that collect information about GAMEFLIX services).

(f) Don't interfere with the GAMEFLIX or third party network software or other software including via tunnelling, code injection, modifying or changing GAMEFLIX software, using any other similar software together with GAMEFLIX services or GAMEFLIX content, through protocol emulation, or through creation or use of private servers regarding GAMEFLIX services or GAMEFLIX content. Do not access or attempt to access areas of GAMEFLIX.COM, GAMEFLIX SERVER or GAMEFLIX servers that have not been made available to the public.

(g) Don't do or say anything which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal (f.ex. exploiting minors, encouraging violence, engaging in fraud). Be nice to each other please!

(h) Don’t share, ‘buy’, ‘sell’, transfer, gift, lend, steal, misappropriate or misuse GAMEFLIX accounts. GAMEFLIX keys/codes can only be gifted or transferred or used in the ways permitted by GAMEFLIX. If you have any questions or problems, contact customer support.

(i) We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding GAMEFLIX.

(j) We ask you not to do anything in connection with GAMEFLIX that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.

11.2 In addition to the above, below is the list of additional terms that apply to you when using GAMEFLIX services. We do not want to repeat ourselves, but it is important to remember that if you fail to follow them, it will be a material breach of this Agreement, which could lead to a suspension or cancellation of your access to GAMEFLIX services. Here is the list:

• GAMEFLIX Code of Conduct.
• Infringing Content and Copyright Policy.

11.3 Every time we make a moderation decision resulting in restricting your access to GAMEFLIX services, whenever it is possible you should receive a statement of reasons outlining why we have made this decision. If you do not agree with the decision we have made, you have 6 months from the day that you have been informed about the decision, to make a complaint. The details on how to make a complaint should be available in your moderation decision. The description of our complaint-handling system procedure is also available in the Infringing Content & Copyright Policy.    

12. USER GENERATED CONTENT

12.1 This section is about content (e.g. text, photos or links) which you make available either to us or to other GAMEFLIX users via GAMEFLIX services (for example through your profile picture or through messages to other GAMEFLIX users). We'll call this "User Generated Content".

12.2 As far as we and you are concerned, you own any User Generated Content but we need you to give us some limited rights over it so that we can actually transmit it through GAMEFLIX services. So, by posting User Generated Content you give us a nonexclusive, irrevocable license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with GAMEFLIX services.

12.3 It is your responsibility to make sure that you have all necessary legal rights before you use User Generated Content and for checking they are safe to use – we can't know that ourselves, and we can't check it for you, so we have to rely on you.

12.4. However, we have the right (but not the obligation) to review and if appropriate or legally necessary to remove any User Generated Content which is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic. If you find that any such content has been posted on GAMEFLIX services, please let us know. We ask you to read our Infringing Content and Copyright Policy where we explain our procedure for reporting infringing content.  If you still feel your case is not fully resolved after our internal procedure, you have access to an out-of-court dispute settlement - more on this in Section 20 below.

13. FEEDBACK OR SUGGESTIONS

13.1 You’re welcome to give us feedback and suggestions to improve GAMEFLIX services and we really value them all. However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.

14. USING GAMEFLIX CONTENT IN FAN WORK

14.1 For fan work (e.g. works like fan mods, machinima, parodies, homages, 'Let's Play' or other videos or artwork), you need to check with the content owner (e.g. the developer or publisher) if they are OK with it and if so you should get permission from them. The reason is simple – the GAMEFLIX content is the property of the respective owner, not ours.             

15. THIRD-PARTY CONTENT AND EXTERNAL SERVICES

15.1 You might get links to third-party websites or content through GAMEFLIX services which aren’t connected to us. Using them is up to you – we’re not responsible for them, we can't promise they will work, what they'll be like or if they're free.

15.2 You can also use your GAMEFLIX account to get easy access to some external, GAMEFLIX approved partner services, e.g. The Witcher games and sites from our sister company CD PROJEKT RED. They will have their own terms and conditions which you will need to agree and follow. Just to be clear: using these services is all optional and up to you. You have the power!              

16. WARRANTIES AND LIMITATION OF LIABILITY REGARDING GAMEFLIX SERVICES

16.1 We warrant that: (i) we have the right to enter this Agreement and to grant you the license to use GAMEFLIX services in section 2.1; and (ii) we will take reasonable care with the GAMEFLIX services and your use of them; and (iii) we will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this Agreement.

16.2. Your representations and warranties. You represent and warrant that you have the full power and ability to enter into this Agreement and will fully follow its terms. You also represent and warrant that any User Generated Content, which you transmit via GAMEFLIX services does not infringe upon the intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic.

16.3. We work hard to try to make GAMEFLIX content work on your systems but we only have limited time to carry out tests and we don't always get everything right. Therefore, we can't accept any liability or responsibility for GAMEFLIX content except where required by law (see 7.1.-7.2 above). We are also not responsible for anything that happens to GAMEFLIX.COM or GAMEFLIX services which is outside of our control and we do not guarantee GAMEFLIX services will work 100% of the time. However, don't forget you may be entitled to GAMEFLIX content return and refund if it has technical issues - see section 7.3.

17. TERMINATION

17.1 Your right to terminate the Agreement. You may terminate this Agreement at any time and without giving any reason by completely ceasing to use GAMEFLIX services. If you would like us to delete your account please contact our Support Team or simply by sending an email request to [email protected]. Termination will not affect already existing rights or obligations of us or you.

17.2. Our right to terminate the Agreement. If you materially breach this Agreement, we reserve the right to suspend or cancel your access to GAMEFLIX services and GAMEFLIX content. By material breach of the Agreement, we mean a serious breach which could cause significant harm to GAMEFLIX, GAMEFLIX users, as well as, in particular breach of the provisions of section 11 above or GAMEFLIX Code of Conduct. If we suspend or cancel your access to GAMEFLIX services or GAMEFLIX content we'll take reasonable steps to contact you to explain why we have done this and what (if anything) you can do as a result.

17.3 It seems very unlikely, but if we have to stop providing access to GAMEFLIX services and GAMEFLIX content permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting a note on www.GAMEFLIX.COM and sending an email to every registered user – during that time you should be able to download any GAMEFLIX content you purchased.

18. FORCE MAJEURE

18.1 Neither you nor us will be liable for any failure to perform any obligation under this Agreement or to provide access to GAMEFLIX services and GAMEFLIX content if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.     

19. GOVERNING LAW

For user’s resident in the European Union and elsewhere in the world (but not the USA):

19.1 You and we agree that your use of GAMEFLIX services and GAMEFLIX content and this Agreement will be governed by and interpreted according to the laws of the Israel and that any dispute regarding this Agreement will be heard non-exclusively by the courts of the Israel. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.

19.2. The above choice of governing law and jurisdiction is subject to any mandatorily applicable principles of consumer protection or other law in your jurisdiction of residence which would not otherwise be available.

For users in the USA only:

19.3 You and we agree that your use of GAMEFLIX services and GAMEFLIX content, and this Agreement, will be deemed to be entered into in Delaware General Assembly.and governed by and interpreted according to the laws of the State of Delaware, USA (and, if applicable, US federal law). Any legal claim by you against GAMEFLIX will be made exclusively in any state or federal court located in Delaware, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.

20. CUSTOMER SUPPORT AND DISPUTE RESOLUTION

20.1.If you have concerns, claims or issues with us, we hope we can resolve them quickly and amicably. Please contact us here. We will make reasonable and good faith efforts to resolve any dispute between us informally. We undertake to answer any claim within 14 days.

20.2. If it is not resolved during this time, the next steps depend on where you live. If you live within the EU you may submit your legal claims to the online dispute resolution platform operated and provided by the European Commission which can be accessed via http://ec.europa.eu/consumers/odr/ in order to reach an out of court settlement or initiate a lawsuit. You may also choose to resolve your dispute through any out-of-court dispute settlement body certified by your country’s Digital Services Coordinator.

20.3. If you live in the USA or the rest of the world (but not the EU) then please contact us at [email protected].         

21. OTHER LEGAL STUFF

21.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.

21.2 This Agreement (including any GAMEFLIX additional terms referenced in it) constitutes the entire agreement between you and us and supersedes any earlier oral or written agreements. If you disagree with this, please contact us as soon as possible after you start using GAMEFLIX services at [email protected] since otherwise this will be binding on you after a reasonable time period (usually 30 days).

21.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.

21.4 Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.

21.5 If there is a reorganization, sale or merger of GAMEFLIX then we may need to work with relevant third parties to transfer or merge your GAMEFLIX account.

21.6. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

21.7 We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of GAMEFLIX, as part of any reorganization or merger or for other business reasons. We will notify you if this happens

21.8. If you are a European Union citizen, then please be aware that GAMEFLIX has enabled cross-border portability on free and paid content pursuant to Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market, but this is subject to any other legal requirements on GAMEFLIX including regarding IP protection and may also be subject to any requirements of developer and publisher partners of GAMEFLIX.

21.9 In return for some of the premium features of Gameflix, you may choose to be a peer on the Bright Data network. By doing so you agree to have read and accepted the Terms of Service of the Bright SDK EULA: https://bright-sdk.com/eula and Bright Data’s Privacy Policy: https://bright-sdk.com/privacy-policy . You may opt out of the Bright Data network by clicking opt-out from the Setting section – Opt out checkbox.

22. CHANGES TO THIS AGREEMENT

22.1 We may change this Agreement if we think it's necessary, e.g. for legal reasons or to reflect changes in GAMEFLIX services or GAMEFLIX content. If so, we will make the changed Agreement available online at https://gameflix.tv/terms and (if you have a GAMEFLIX account) we will email you to let you know about any significant changes.

22.2 Any changes to the Agreement will come into force within 30 days of their announcement online. In the meantime, you're welcome to contact us at [email protected] if you have specific questions about the changes.

22.3 If you don't agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using GAMEFLIX services and GAMEFLIX content. We're sorry we have to say that, but we hope you'll appreciate that for GAMEFLIX services to work properly we need to have everyone using it under the same rules instead of different people having different rules. That's why we encourage you to get in contact if you have queries or concerns.

22.4 Just so you know, we'll never just make a bunch of changes to this Agreement, not tell you what they are and force you to agree to changes you don't understand before you can use GAMEFLIX services!                     

23. OUR CONTACT DATA

23.1. If you have any complaint concerning GAMEFLIX account, GAMEFLIX services, or simply you would like to contact us, here are our contact details:

Name: GAMEFLIX Inc

Registered at the District Court for Delaware.

Single point of contact for authorities:

GAMEFLIX Legal Team

[email protected]

Languages we communicate in: English.

Single point of contact for recipients of GAMEFLIX services:

GAMEFLIX Support Team

[email protected]

We mostly speak English, but will do our best to assist you in any language that GAMEFLIX is available in.

Last update (effective date): 22 November 2024

MODEL WITHDRAWAL FORM

To GAMEFLIX Customer Support - [email protected]:

I hereby give notice that I withdraw from my purchase of the following GAMEFLIX Product(s):

Ordered on:

Name of consumer (username):

Address of consumer (email):

Signature of consumer (only if this form is notified on paper),

Date: