1. Introduction

These Terms & Conditions (the "Terms", “these Terms”) govern your use (including, but not limited to accessing, browsing, or registering within our Website) of our Website gamersoncloud.com (our "Website"), including all pages and features within it, and are a legal agreement between you (referred to herein as "you" or "your"), on the one side, and GamersOnCloud (“we”, “us”, “our”), on the other side.

GamersOnCloud is a private limited company with its registered office at 66/F, The Center, 99 Queens Road Central, Hong Kong.

The Website, name, trademark, gamersoncloud.com domain and content within it is owned and operated by Capstone.

Please read these Terms carefully before accessing or using the Website. Your use of the Website constitutes that you are automatically accepting and agreeing to the most recent version of these Terms and additional applicable documents of GamersOnCloud, as may be specified hereunder.

Upon our request, you agree to sign a non-electronic version of these Terms.

    2. Your Account and Security

If you are interested in our Website and would like to access its full functionality, you will need to register an account with us. We will ask you to provide all the information required to complete the registration form(s). By creating your account, you give us some of your privacy data, such as your email, payment information and other information, needed for registration. You may read how we process, secure and use your private data in our Privacy Policy.

You represent that all information provided by you (including billing information) is up to date, complete and accurate. You must be a human to register an account. Accounts registered by “bots” or other automated methods are not permitted. You may have only one account.

Your account is for your personal use only and is non-transferable. You may not authorize others to use your account or attempt to use another person's account.

You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. You acknowledge that any person with access to your username and password may be able to access your user account. You accept all risks of unauthorized use of your user account and hereby release Company from any liability in connection with any such unauthorized access. You will promptly notify us if you discover or otherwise suspect any security breaches related to your account, including any unauthorized use or disclosure of a username or password.

We reserve the right to suspend your access to our Website or terminate your account for security purposes if we suspect an unauthorized attempt of access.

    3. Prohibited Actions

You agree not to engage in any of the following activities:

(i) Violating laws and rights.

You may not (a) use any of our products for any illegal purpose or in violation of any local, state, national, or international laws; (b) violate or encourage others to violate any right of or obligation to a third party, including, but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights; (c) purport to subject the Company to any other obligations; or (d) use our products for any purpose not specifically permitted in These Terms

(ii) Solicitation.

You may not use our products or any information provided through the Website for the purpose of (a) the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation; (b) building a product using similar ideas, features, functions or graphics of the Website; (c) copying any ideas, features, functions or graphics of the Website and the Company’s intellectual property; (d) or modifying, adapting, translating, or otherwise creating derivative works based upon the Website.

(iii) Disruption.

You may not use the Website in any manner that could disable, overburden, damage, or impair the products, or interfere with any other party’s use and enjoyment of the products; including, but not limited to, by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code; (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the products; (c) violating any regulation, policy, or procedure of any network, equipment, or server; (d) cause or permit decompilation, reverse assembly, reverse engineering or otherwise attempting to discover the source code of all or any portion of the Website or the Company’s intellectual property.

(iv) Harming others.

You may not post or transmit content on or through the Website that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; you may not intimidate or harass another through our products; and, you may not post or transmit any personally identifiable information about persons under 16 years of age on or through the Website.

(v) Impersonation, unauthorized access and unauthorized transfer of rights.

You may not:

• impersonate another person or entity, or misrepresent your affiliation with a person or entity when using our products;
• use or attempt to use another’s account or personal information without authorization;
• attempt to gain unauthorized access to the products, or the computer systems or networks connected to the products, through hacking password mining or any other means;
• rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute or otherwise commercially exploit, or otherwise transfer rights to use the Website and/or the App or its content.

(vi) Spam.

At all times you may not send spam or otherwise send duplicative or unsolicited messages in violation of applicable laws.

Without limiting the foregoing, you shall at all times comply with these terms, privacy policy, cookie policy, and other terms and policies on the website, as may be amended at the sole discretion of the company.

We reserve the absolute right to determine if any acts of yours breach the listed provisions.

    4. Subscriptions and Billing

We offer our users subscription packages for further access to features and areas within the Website.

You may find detailed information regarding different packages and pricing plans in the relevant part of the Website (such as registration form and payment page). In general, we offer trial 3 days period ($1.5) option and monthly renewal packages ($59.99).

Please note that:

(i) when you subscribe to any package, including the trial period, you give your consent for automatic renewal billing, according to your subscription package as may be specified on the Website.
(ii) By accepting these Terms, you acknowledge that we reserve the right to change subscription fee rates at any time in our sole discretion.

Our billing policy is based on an automatic renewal principle, which means that we automatically renew all paid subscriptions on a monthly basis in order to continue providing you with a service. Your subscription will be automatically renewed at the same rate that you signed up for using your original payment method. For example, if the first time you paid by credit card, we will continue to charge this same credit card when each subscription period expires. We will not debit any repeat payments before the current month ends.

If the transaction is successful – your Subscription will be prolonged on the regular terms.

If the automatic renewal transaction is declined, GamersOnCloud may, but is not obliged to attempt to process it again for maximum 5 times after the first attempt. If the last transaction retry attempt is declined your subscription and your access to the services will be cancelled by us.

We may alter the service packages from time to time at our sole discretion. For your convenience, no change of fees for a subscription package that you are using shall be effective until your current subscription expires.

You may cancel your subscription or trial membership with us in the following ways:

    (i) by visiting the "My Account" section of the Website and following the relevant link to Remove Your Account;
    (ii) by submitting a Cancelation Subscription form;
    (iii) by contacting our Support with the respective request.

We do not provide any refunds for any partial-month subscription periods or unused services. If you cancel your subscription or trail membership, you will have access to the services till the end of the paid period. No payments will be charged by us in the following months.

    5. Security of Payment Card data

We are committed to protecting our customers and their cardholder data. Therefore, we pay attention to the security of payments you may make on the Website. We cooperate with trusted credit card processing providers to ensure that transactions are safe. All the payment transactions are processed in accordance with the PCI DSS. When you make a payment on our Website, you may be subject to terms and conditions and privacy policy of the payment service provider. We disclaim any and all liability that could arise from the actions of such providers.

    6. Disputes and Refunds

Prior to issuing a refund, we investigate the case and consider various facts such as complaints from other users or customers’ comments, data on how you use the Website, etc. Since we operate recurring billing and your automatic payments are separate, we will only refund the most recent payment. Please note that such refund will result in immediate cancellation of the subscription.

As a current or prior client of the Company, you agree to allow us to attempt settlement of any billing dispute for thirty (30) days before disputing with any third party, credit card company or bank. We simply ask that it is the first option in billing disputes. If you want to dispute any payment, please contact us via email, stating your reasons for the dispute. This will help us to avoid inconveniences and to accurately and promptly assess your complaint.

    7. Intellectual Property Rights

The Company (or its licensors) shall retain all Intellectual Property rights in and to all of the Company’s business, information, technology and other proprietary materials, including but not limited to the Website and the products/services, (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, "look and feel", images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology or product) or any derivatives thereof, the name “GamersOnCloud” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to you through the Website or otherwise (“Intellectual Property”).

Except as specified herein, you do not acquire any rights, express or implied, in the Website, including all upgrades, modifications, new versions and releases and have no right to commercialize or transfer the Website, in whole or in part. No license, right or Intellectual Property Right in any Company’s trademark, trade name or service mark is granted pursuant to These Terms.

You may print off one copy and may download extracts, of any page(s) from our Website for your personal use. Any modification to the paper or digital copies of any materials you have printed off or downloaded in any way is prohibited. You have no right to disassemble any materials used on the Website, which means using any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text and vise versa.

You agree to acknowledge the status of us and any identified contributors as the authors of content on our Website. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from our licensors or us.

Breach of these Terms ceases your right to use our Website and content immediately and makes you liable to either return or destroy any copies of the materials you have made in our discretion.

    8. Your Content

Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content subject to data protection legislation that might apply. You warrant that any such upload does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Subject to international data legislation that might apply we reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.

We have the right to remove any content you post on our Website if, in our sole discretion, your post does not comply with the policy standards set out in Prohibited Actions section.

We reserve the right to delete messages and other user content after any lawful period of time if we exercise our rights of termination under these Terms.

The views expressed by other users on our Website do not represent our views or values.

Users are encouraged to notify us of other user content, which does not comply with these Terms.

    9. Disclaimer and Limitation of Liability

We make no representations or warranties of any kind or nature with respect to the information or content posted on this Website. To the maximum extent permissible by applicable law, we hereby disclaim all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall we be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this Website and/or the information or content posted on this Website, regardless of whether we have been advised as to the possibility of such damages.

This Website, the contents and the products and services provided on or available through this Website are provided on an "as is" and "as available" basis, with all faults. In no event shall the Company, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this Website, the site content, any materials, products or services provided on or through this Website or any linked site, including any special, direct, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this Website or the contents, whether or not there is negligence by the Company and whether or not the Company has been advised of the possibility of any such damages.

We shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any suspensions or terminations of the Website or Services (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).

Compliance and awareness of these Terms of all persons who use your internet connection to access our Website is your responsibility.

The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services, so some or all of the exclusions or limitations in this provision may not apply to you.

This disclaimer and limitation of liability constitute an essential part of these Terms.

The above disclaimers and limitation of liability shall survive the termination of these Terms or your right to use this Website.

    10. Miscellaneous

    (i) Indemnification.

You agree to indemnify and hold us harmless (including our directors, officers, employees, subcontractors, agents, and affiliated companies) against any and all third party claims and liabilities related to your breach of these Terms and/or arising from your use of the Website.

    (ii) Third Parties links.

Where our Website contains links to other websites and resources provided by third parties, please note that these links are provided for your informational purposes only, therefore we have no liability and control over the contents of those Websites or resources.

    (iii) Amendments.

We may supplement, amend or otherwise modify these Terms at any time. Such modifications will be posted on this or a similar page of the Website, or sent to you by e-mail, as applicable. Your continuing visit, access, registration or use of the Website reaffirms your acceptance and agreement in each instance.

    (iv) Changes and Updates.

We may update our Website, its parts and contents from time to time at our own discretion. However, please note that we are not obliged to do that and we do not guarantee that we would. Therefore we do not guarantee that this Website, or any content on it, will be free from errors or omissions, up-to-date and 100% accurate.

    (v) Termination

These Terms shall become binding on you when you start using the Website as a registered user, either with or without a subscription, and will remain in full force and effect unless and until they are terminated or until you stop using the Website. You may terminate your user account at any time and for any reason.

Access to our Website is permitted on a temporary basis. We may suspend or terminate the function or existence of all or any part of the Website at any time, and without notice or recourse, as we deem advisable in our sole discretion.

We reserve the right to immediately suspend or terminate your access to the Website and to remove your account information in case of your breach of these Terms, without prior notice to you. In case your account is terminated, you agree that all fees paid to us are final and all outstanding or pending payments will immediately become due.

    (vi) Entire Agreement, Severability.

These Terms, together with those additional terms, conditions, and policies referenced herein, constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof; supersede any prior agreements and understandings, if any, between the parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns.

If any provision of these Terms is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining provisions shall not be affected, and the said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms.

    (vii) Governing Law

These Terms and the legal relationship between the parties arising in connection herewith shall be governed by and construed in accordance with the laws of the Republic of Hong Kong without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute arises.

    11. Contact Information

Should you have any questions, complaints, or claims with respect to the Services, please contact us via

E-mail: support@gamersoncloud.com
By post: 66/F, The Center, 99 Queens Road Central, Hong Kong