Terms of Use

Last updated: October 2015

Toywheel GmbH (“Gamewheel,” “we,” “us,” or “our”) welcomes you.  To help you (the “User”) create and manage digital content (“User Content”), we provide you with access to certain Content and Services (both as defined below) via the website www.gamewheel.com (the “Website”). Your use of the Website is subject to the following Terms of Use, which may be updated by us from time to time without notice to you.  By using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is available at www.gamewheel.com/privacy and is hereby incorporated by reference (collectively, this “Agreement”).  If you do not agree to any of these terms, please do not use the Website.

User Accounts and Eligibility

A user account (“Account”) is required to access and use the Content and Services. To create an Account, you must provide an e-mail address and password. You are solely responsible for the confidentiality of your Account, as well as any use, misuse, or communications conducted through the Website using your Account.  You will promptly inform us of any need to deactivate a password or Account. Gamewheel will not be liable for any loss or damage caused by unauthorized use of your Account.

By registering for an Account, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Gamewheel Content and Services does not violate any applicable laws or regulation in your jurisdiction. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.

By registering for an Account, you expressly agree to receive promotional content from Gamewheel, by mail or email, from time to time. If you provide Gamewheel with your phone number at any stage of your use of the Services, Gamewheel shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify Gamewheel at any time.

Content and Services Provided

Subject to full compliance with the terms of this Agreement, Gamewheel shall provide the User with access to certain content and services. For the purpose of this Agreement, content includes, but is not limited to, campaign templates, game templates, graphics, images, animations, text, forms and audio files (“Content”). Services include, but are not limited to, campaign setup, content editing, campaign execution, content hosting and campaign analytics (“Services”).

Gamewheel may, at its sole discretion, add, change, modify, discontinue, remove, or suspend any Content and Services, temporarily or permanently, at any time, without notice and without liability to you. Such additions, changes or modifications may change or delete the nature of features or other aspects of the Website, including features that you may rely upon. You hereby agree that such activities may occur at Gamewheel’s sole discretion and that Gamewheel may condition continued use of the Website upon your complete acceptance of such additions, changes or modifications.

Fees

You can sign up for a free Account (“Freemium Account”) to access basic Content (“Free Content”) and use basic Services (“Free Services”), but to access advanced Content (“Enterprise Content”) and use advanced Services (“Enterprise Services”), you must sign up for a enterprise Account (“Enterprise Account”).

To create a Enterprise Account, you must contact with Gamewheel team. The size of the fees for each type of Account is specified on the pricing page of our Website.

You may request an unconditional refund of your game play package buying fee by contacting info@gamewheel.com within 7 days of the Buying Date. If you request a refund, your game play package fee will be refunded to the credit card you used to initially pay the game play package fee. If you have already used parts of the Services prior to requesting a refund, we will refund your game play package fee pro rata based on the percentage of hosting services included in your Enterprise Account not yet used on the date on which the refund is requested.

Following your initial subscription period, your subscription will be automatically extended for successive renewal periods of the same length, at a cost of the then-current non-promotional subscription fee for your subscription type. To avoid automatic renewal of your subscription, you must email info@gamewheel.com before the end of your then-current subscription period to de-activate your subscription. If you de-activate, you may use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current subscription term expires. If you request de-activation of your account more than 7 days after the Activation Date, you will not be eligible for a pro-rated refund of any portion of the subscription fee paid for the then-current subscription period.

In addition to subscription fees for Paid Accounts, the use of hosting services above the volume included in your Account tier, as specified on the Website, is subject to additional fees. The cost of hosting services may vary based on the volume of services purchased, as defined on the Website.

You may request a refund of hosting fees by contacting info@gamewheel.com within 7 days of the purchase date. In the event that you request a refund of hosting fees, the fees will be refunded to you pro rata based on the percentage of hosting services not yet used on the date on which the refund is requested.

You may also purchase custom artwork through the Website by contact us. The cost of custom artwork may vary based on your account tier and is specified on the Website. Custom artwork fees will be charged to your account on the date on which you order custom artwork. You may request a refund of custom artwork by contacting contacting info@gamewheel.com within 7 days of the purchase date.

If you sign up for a Enterprise Account, purchase additional hosting services or purchase custom artwork, you agree to allow our third party service providers to store your payment card information.  You also agree to pay all fees charged to your Account based on Gamewheel’s fees, charges, and billing terms then in effect as shown on the applicable pricing page of the Website. If you have a balance due on any Account, you agree that Gamewheel may, and you hereby authorize Gamewheel to, charge such unpaid fees to your credit card or such other payment method accepted by Gamewheel, or otherwise bill you for such unpaid fees or other applicable charges.

If you do not pay any amount due on time, or if Gamewheel cannot charge your credit card or other payment method for any reason, Gamewheel, in addition to any other rights or remedies it may have, reserves the right to either immediately suspend or terminate your access to all or a portion of the Website, Content and Services.

All payments to your Account must be made from a source for which you are the named account holder. Gamewheel is not liable for any loss caused by any unauthorized use of your credit card, or any other method of payment by a third party in connection with your use of the Website, Content or Services, or the use of your Account.

Gamewheel reserves the right to change its fees and billing methods at any time. Any changes to the fees or billing methods will be posted on the applicable section of the Website. Your continued use of the Content and Services after the changes have taken effect means that you accept such changes. In the event that Gamewheel should change our prices, you will be charged based on the new pricing scheme from the beginning of the next billing cycle (monthly or annual, as the case may be) following the effective date of the new pricing. You will be promptly informed of any changes to our pricing.

You take full responsibility for all taxes and fees of any nature associated with the Services. Gamewheel is required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fees.

Ownership of Content and Services

All Content available on the Website, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.  All Gamewheel trademarks and service marks, logos, slogans and taglines are the property of Gamewheel.  All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners.  Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Gamewheel without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

Subject to this Agreement, Gamewheel hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials to the extent, and only to the extent, necessary to use the Services in accordance with the terms of this Agreement.

This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement.  You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement.  Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.

Ownership of User Assets

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“User Assets”).  Gamewheel is not responsible for your User Assets.  You hereby grant Gamewheel a worldwide, royalty-free, non-exclusive license to host and use the User Assets in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license.  You are responsible for any User Assets that may be lost or unrecoverable through your use of the Services.  You are encouraged to archive your User Assets regularly and frequently.

Comments and Feedback

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

Monitoring What You Provide Us

Gamewheel may, but has no obligation to, monitor the User Content created using our Content and Services.  We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Gamewheel or its customers, or operate the Services properly.  Gamewheel, in its sole discretion, may refuse to post, remove, or require you to remove, any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

Copyright Complaint Policy

If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to us at info@gamewheel.com.

User Guidelines

You agree to all of the following:

  • You will not use the Content or Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
  • You will not use the Services or Materials to impersonate another person.
  • You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Gamewheel without our express written permission.
  • You may not send unsolicited messages (also known as junk mail or SPAM) to promote any User Content created using the Website.
  • You may not upload, post, email, transmit or otherwise make available or initiate any User Assets that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Content or Services or that may impact the ability of any Gamewheel user to access the Content and Services.
  • You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
  • You will not attempt to or actually access the Content or Services by any means other than through the interfaces provided by Gamewheel.
  • You will not attempt to or actually override any security component included in or underlying the Content or Services.
  • You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Gamewheel’s infrastructure.
  • You will not publish User Content, or links to User Content, that is:
    • Pornographic, sexually explicit, or violent
    • Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another)
    • Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous
    • Breaches another’s privacy.
  • You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).

Gamewheel may determine in its sole discretion whether or not an account is in violation of any of these policies.  Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user.  Offending users may be permanently restricted from holding an account or using the Services.  If Gamewheel reasonably determines that your account is being used for illegal or fraudulent activity, then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.

Termination

  • Gamewheel may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
  • Services may be terminated by us, without cause, at any time.
  • Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 4.
  • Notice of termination of Services by Gamewheel may be sent to the contact e-mail associated with your account. Upon termination, Gamewheel has the right to delete all data, files, or other information that is stored in your account.

Third Party Websites; Third Party Services; No Implied Endorsement

The Website may contain links to other web sites owned by third parties (“Third Party Sites”). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Website to login to accounts that you have for services provided by third parties (“Third Party Services”) or to link accounts for Third Party Services to your Gamewheel account. Squarespace is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Gamewheel account.

You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site.  You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service.  In no event shall any reference on the Site to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE GAMEWHEEL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMEWHEEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GAMEWHEEL MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE GAMEWHEEL WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE GAMEWHEEL WEBSITE.

IN NO EVENT SHALL GAMEWHEEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAMEWHEEL WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT GAMEWHEEL SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

GAMEWHEEL DOES NOT RECOMMEND THE USE OF THE WEBSITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.

GAMEWHEEL MAKES NO REPRESENTATIONS THAT THE GAMEWHEEL WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE BRANDED MINI-GAMES WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, THE CONTENT OR THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE, THE CONTENT OR THE SERVICES.  UNDER NO CIRCUMSTANCES SHALL GAMEWHEEL, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE, THE CONTENT, THE SERVICES OR USER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE WEBSITE, THE CONTENT, THE SERVICES, THE MATERIALS OR USER CONTENT  AVAILBALE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Gamewheel, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Gamewheel Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Gamehweel Website.

Disputes

You agree that: (i) the Gamewheel Website shall be deemed solely based in Germany; and (ii) the Gamewheel Website shall be deemed a passive website that does not give rise to personal jurisdiction over Gamewheel, either specific or general, in jurisdictions other than Germany. This Agreement shall be governed by the internal substantive laws of Germany, without respect to its conflict of laws principles. Any claim or dispute between you and Gamewheel that arises in whole or in part from the Gamewheel Website shall be decided exclusively by a court of competent jurisdiction located in Germany. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

YOU AND GAMEWHEEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GAMEWHEEL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Privacy

We encourage you to read our Privacy Policy, and to use the information it contains to help you make informed decisions. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion. Disclosures of user information to third parties are further addressed in the Privacy Policy.

Terms You Must Post for Promotions

If you use the Services to capture and store information on your potential customers, such as email addresses, you are responsible for drafting the terms of participation for any contest or sweepstakes you may run (“Your Promotion”). However, the terms of participation for Your Promotion must designate us as a third party beneficiary and must contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions each for the benefit of Gamewheel which are at least as favorable to Gamewheel as contained in this Agreement.

You agree to indemnify and hold harmless Gamewheel and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys’ fees), arising from or related to the use of, access to, interaction with or reliance upon, your User Content, including the collection and storage of customer information.

Miscellaneous

  • If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • If we fail to enforce any of this Agreement, it will not be considered a waiver.
  • Any amendment to or waiver of this Agreement must be made in writing and posted on our Website.
  • You may not transfer any of your rights or obligations under this Agreement to anyone else.
  • All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • This Agreement does not confer any third party beneficiary rights.
  • A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you have any questions around data security or our service, please contact:

CEO: Evgeni Kouris
Phone: +49 (0) 30 555 780 75
Email: info@gamewheel.com