END USER LICENSE AGREEMENT
This end user license agreement (the "Agreement") should be read by you (the "User"
or "you") in its entirety prior to your use of Qlimax Games' service or products.
Please note that the Agreement constitutes a legally binding agreement between you
and Qlimax Games SH.P.K (referred to herein as "GoProManager", "GPM", "us"
or "we") which owns and operates the Internet site found at www.gopromanager.com
(the "Site"). By entering into this Agreement, you acknowledge that GPM is part
of Qlimax Games SH.P.K. As such, where used and the context allows, the term "Group"
means GPM together with its subsidiaries and any holding company of GPM and any
subsidiary of such holding company and any associated company with GPM including.
In addition to the terms and conditions of this Agreement, please review our Privacy
terms and conditions and the Premium account terms and conditions as well as the
other rules, policies and terms and conditions relating to the games and promotions
available on the Site as posted on the Site from time to time, which are incorporated
herein by reference, together with such other policies of which you may be notified
of by us from time to time.
By clicking the "I Agree" button below as part of using the Software (as defined
below), you consent to the terms and conditions set forth in this Agreement, the
Currency Exchange terms and conditions as each may be updated or modified from time
to time in accordance with the provisions below and therein.
For the purposes of this Agreement, the definition of "Software" will include the
GPM software downloadable to your personal desktop or laptop computer ("PC") from
www.gopromanager.com (the "PC Software") and the GPM mobile software application
(the "Mobile Software") downloadable to a mobile device (including, without limitation,
a cellular phone, PDA, tablet, or any other type of device now existing or hereafter
devised) (each, a "Device") as well as all ancillary software to the GPM software
(whether web-based software or client/server software).
1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
1.1. Subject to the terms and conditions contained herein GPM grants
the User a non-exclusive, personal, non-transferable right to install and use the
Software on your PC or Device, as the case may be, in order to access the Virtual
Soccer World servers and play the online soccer manager games (the "Games") available
(the Software and Games together being the "Service").
1.2. The Software is licensed to you by GPM for your private personal
use. Please note that the Free Service is not for use by (i) individuals under 13
years of age, while the Real Money service is not for use for individuals under
18 years of age, (ii) individuals under the legal age of majority in their jurisdiction
and (iii) individuals connecting to the Site from jurisdictions from which it is
illegal to do so. GPM is not able to verify the legality of the Service in each
jurisdiction and it is the User's responsibility to ensure that their use of the
Service is lawful
1.3. We reserve the right at any time to request from you evidence
of age in order to ensure that minors are not using the Service. We further reserve
the right to suspend or cancel your account and exclude you, temporarily or permanently,
from using the Service if satisfactory proof of age is not provided or if we suspect
that you are underage.
1.4. GPM, is a company and its licensors are the sole holders of
all rights in the Software and the Software's code, structure and organization,
including copyright, trade secrets, intellectual property and other rights. You
may not, within the limits prescribed by applicable laws:
copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or
translate the Software or make any attempt to access the source code to create derivate
works of the source code of the Software, or otherwise;
- sell, assign, sublicense, transfer, distribute or lease the Software;
- make the Software available to any third party through a computer network or otherwise;
- export the Software to any country (whether by physical or electronic means); or
use the Software in a manner prohibited by applicable laws or regulations,(each
of the above is an "Unauthorized Use").
GPM, is a company and its licensors reserve any and all rights implied or otherwise,
which are not expressly granted to the User hereunder and retain all rights, title
and interest in and to the Software.
You agree that you will be solely liable for any damage, costs or expenses arising
out of or in connection with the commission by you of any UnauthorizedUse. You shall
notify GPM immediately upon becoming aware of the commission by any person of any
UnauthorizedUse and shall provide GPM with reasonable assistance with any investigations
it conducts in light of the information provided by you in this respect.
1.5. The terms "GPM", the domain names "gopromanager.com"
or any other trademarks, service marks, signs, trade names and/or domain names used
by GPM on the Site and/or the Software from time to time (the "Trademarks"), are
the trademarks, service marks, signs, trade names and/or domain names of GPM and/or
the company and/or its licensors, and these entities reserve all rights to such
Trade Marks. In addition, all content on the Site, including, but not limited to,
the Software, images, pictures, graphics, photographs, animations, videos, music,
audio and text (the "Site Content") belongs to GPM and its company and/or its licensors
and is protected by copyright and/or other intellectual property or other rights.
You hereby acknowledge that by using the Service and the Site you obtain no rights
in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances
may you use the Site Content and/or the Trademarks without VirtualSoccerWorld's
prior written consent.
Additionally, you agree not to do anything that will harm or potentially harm the
rights, including the intellectual property rights, held by GPM, The Company and/or
its licensors in the Software, the Trademarks or the Site Content nor will you do
anything that damages the image or reputation of GPM, the company, employees, directors,
officers and consultants.
1.6. You warrant that any names or images used by you in connection
with the Site or Service (for example, your user name and avatar) shall not infringe
the intellectual property, privacy or other rights of any third party. You hereby
grant GPM and the Company is worldwide, irrevocable, transferable, royalty free,
sub licensablelicense to use such names and images for any purpose connected with
2. NO WARRANTIES.
2.1. GPM disclaims any and all warranties, expressed or implied,
in connection with the Service which is provided to you "AS IS" and we provide you
with no warranty or representation whatsoever regarding its quality, fitness for
purpose, completeness or accuracy.
2.2. Regardless of our efforts to provide you with service of the
highest quality, safety and security, we make no warranty that the Service will
be uninterrupted, timely or error-free, that defects will be corrected or that the
Software and the Site shall be free from viruses, bugs or other contaminants.
2.3. GPM reserves the right to suspend, discontinue, modify, remove
or add to the Service in its absolute discretion with immediate effect and without
an obligation to provide you with notice where we consider it necessary to do so,
including (for example) where we receive information that you have entered into
any self-exclusion agreement with any gambling provider or where we deem it necessary
for the management, maintenance or update of the Software and we shall not be liable
in any way whatsoever for any loss suffered as a consequence of any decision made
by GPM in this regard.
GPM retains authority over the issuing, maintenance, and closing of Users' accounts
on the Site. The decision of VirtualSoccerWorld's management, as regards any aspect
of a User's account, use of the Service, or dispute resolution, is final and shall
not be open to review or appeal.
4. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant,
covenant and agree that:
5. PROHIBITED USES
4.1. There is a risk of losing money when using the Service and
that GPM has no responsibility to you for any such loss;
4.2. Your use of the Service is at your sole option, discretion
4.3. you will need to provide us with certain personal details
about yourself (including details regarding your methods of payment) as well as
(for the purposes of using the Service via the Mobile Software) consenting to our
use of location-based services (LBS) to detect your geographic location, for the
purpose of using the Service. GPM will process your personal details in compliance
with the data protection laws and regulations of the Albanian Law, all in accordance
4.4. You are solely responsible for any applicable taxes which
may be payable on cash or prizes awarded to you through your using the Service;
4.5. The telecommunications networks and Internet access services
required for you to access and use the Service are entirely beyond the control of
GPM and GPM shall have no liability whatsoever for any outages, slowness, capacity
constraints or other deficiencies affecting the same; and
4.6. you are aged 15 (in case of Gambling you are aged 18) or over
and that you are not currently self-excluded from any online or mobile gambling
site and that you will inform us immediately if you enter into a self-exclusion
agreement with any gambling provider.
5.1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile,
reverse-engineer or disassemble the Software in any way.
5.2. PERSONAL USE. The Service is intended solely for the User's
personal use. The User is only allowed to wager for his/her personal entertainment.
Under no circumstances shall a User be permitted to use his/her "real money account"
with GPM for any purpose other than for using the Service. The User must provide
full and truthful information in respect of all details and information provided
by the User to GPM and the User is obligated to update such details in the event
of any change thereto.
5.3 REAL MONEY TRANSFERS. In order to buy the credits you need
to pay via online payment gateways with various methods such as by credit card,
visa card etc.Once you buy the credits, you can utilized the credits in our virtual
soccer world for various club related activities. While utilizing credits into virtualsoccerworld,
credits to ball conversion ratio depends upon user type and game type. If you are
utilizing the balls into play money game then you cannot convert again into credits;
but in case of real money game you can convert balls into credits.
To withdraw the credits you can withdraw it at any point of time as per ball to
credit conversion ratio.
As part of VirtualSoccerWorld's licensing agreement and in compliance with anti-money
laundering legislation, Users need to be aware they may be required to produce personal
documentation (such as Government issued ID, bank statements and utility bills)
upon request in order for their transfer to be processed. This allows GPM to help
protect the Users and prevent GPM being used as a vehicle for money laundering or
The following terms and conditions also apply to the real money transfer facility:
GPM reserves the right to decline any account transfer requests or to overturn any
account transfer upon suspicion of breach of any of the terms of this Agreement
by the sender or receiver.
A sending User agrees that they may only make an account transfer to enable a receiving
User to play the Games and not for any other purpose.
A receiving User agrees that they may only use the funds from an account transfer
to play the Games and not for any other purpose.
Users cannot cash out funds directly received from a transfer, (refer to sub-paragraph
(c) above); winnings arising from playing the Games using the transferred funds
that subsequently contribute to a cash out request will be reviewed in accordance
with GPM's internal controls, policies and procedures.
5.4. COLLUSION. Collusion between Users in any case other methods
are strictly forbidden. GPM reserves the right, in addition to other measures, to
restrict Users to play in a real money game and/or to prohibit Users from playing
at a particular Real Money Game, including restricting two or more Users from playing
together in the same Real Money Game. In addition, GPM reserves the right to consider
any collusion or attempt at collusion between players (including Users) as a material
breach of this Agreement and accordingly GPM shall have the right to terminate a
User's account if a User engages or attempts to engage in any such activity, regardless
of the outcome of such attempt.
5.5. AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence
including, without limitation, "robots" is strictly forbidden in connection with
the Service. All actions taken in relation to the Service by a User must be executed
personally by players through the user interface accessible by use of the Software.
5.6. FRAUDULENT BEHAVIOR. In the event that GPM deems that a User
has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper
activity while using the Service, including without limitation, engaging in any
of the activities set forth in this clause 5 or any other game manipulation, or
the making of any fraudulent payment, including without limitation, use of a stolen
credit card or fraudulent chargeback or money laundering, GPM shall be entitled
to take such action as it sees fit, including, but not limited to:
- Immediately blocking a User's access to their account;
- Terminating a User's account with GPM;
- Seizing the funds within a User's account;
Disclosing such information (including the identity of the User) to financial institutions,
relevant authorities and/or any person or entity that has the legal right to such
information; and/ortaking legal action against a User.
5.7. Any attempt to circumvent the restrictions on play by any
persons located in a Prohibited Jurisdiction or Restricted Jurisdiction , is a breach
of this Agreement. An attempt at circumvention includes, but is not limited to,
manipulating the information used by GPM to identify your location and providing
GPM with false or misleading information regarding your location or place of residence.
The policy and criteria for a User to effect a cash out from his/her User account
can be found in our Cash Out Policy. GPM reserves the right to use additional eligibility
criteria to determine the cash out options Users may be offered at any given time.
7. OFFENSIVE LANGUAGE OR CONTENT
The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous,
defamatory or threatening material or any material that would violate any law or
generally be considered to be offensive, via the Service whether using the chat
and/ or message function with respect to which please refer to the GPM Rules, the
player images option or in correspondence with GPM's staff.
8.1. Without prejudice to any other rights, if a User breaches
in whole or in part any provision contained herein, GPM or with the company within
the Group which provides services to the User reserves the right to take such action
as it sees fit, including terminating this Agreement or any other agreement in place
with the User, immediately blocking the User's access to the Service or to any other
service offered by the Company, terminating such User's account on the Site or on
any other site operated by the Company, seizing all monies held in the User's account
on the Site or on any other site operated by the Company and/or taking legal action
against such User.
8.2. You agree to fully indemnify, defend and hold harmless GPM, the Company and
its shareholders, directors and employees from and against all claims, demands,
liabilities, damages, losses, costs and expenses, including legal fees and any other
charges whatsoever, howsoever caused, that may arise as a result of:
- your breach of this Agreement, in whole or in part;
- violation by you of any law or any third party rights; and
use by you of the Service or use by any other person accessing the Service using
your Login Credentials (as defined below) , whether or not with your authorization.
9. LIMITATION OF LIABILITY.
9.1. Under no circumstances, including negligence, shall GPM or
any other member of the Company be liable for any special, incidental, direct, indirect
or consequential damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business information, or
any other pecuniary loss) arising out of the use (or misuse) of the Service even
if GPM had prior knowledge of the possibility of such damages.
9.2. Nothing in this Agreement shall exclude or limit GPM's or
the Companies liability for: (I) death or personal injury resulting from its negligence;
or (II) fraud or fraudulent misrepresentation.
10. SECURITY AND YOUR ACCOUNT
10.1. Each User account shall be accessible through the use of
a combination of a unique User ID ("User ID"), a unique and secret password ("Password"),
other optional numeric authentication methods that the User may select (the User
ID, Password and any other authentication features together being referred to as
the "Login Credentials"). The User is obligated to choose his/her own User ID and
Password in accordance with the rules relating thereto.
10.2. The User agrees that he/she is solely responsible for all
use of the Service under his/her Login Credentials and that he/she shall not disclose
the Login Credentials to any person whatsoever nor permit another person to use
the Service via his/her User account.
10.3. The User is obliged to keep his/her Login Credentials secret
and confidential at all times and to take all efforts to protect their secrecy and
confidentiality. Any unauthorized use of the Login Credentials shall be the sole
responsibility of the User and be deemed as his/her use. Any liability therefrom
shall be that of the User.
10.4. A User may only have one User account with GPM and shall
only use the Service using such single account. It is prohibited for a User to open
multiple accounts with GPM. In the event that GPM becomes aware of additional accounts
opened by a User, GPM may close such additional accounts without notice and may
confiscate funds held in such additional accounts.
10.5. Please note that credits held in your GPM account do not
10.6. You will not be able to enter any Real Money game using the
Service in an amount greater than the total amount of credits in your GPM account.
10.7. You are fully responsible for paying all credits owed to
GPM. You agree not to make any chargebacks, and/or deny or reverse any payment made
by you in respect of the Service. You will reimburse GPM for any chargebacks, denial
or reversal of payments you make and any loss suffered by us as a consequence.
10.8. GPM reserves the right to run credit and/or identity checks
on a User, with third party credit reference agencies or services, using the information
provided to us by a User on registration with the Service. The third party credit
reference agencies or services may retain a record of the information but they will
not use the information for any other purpose.
10.9. GPM reserves the right to use third party electronic payment
processors and/or financial institutions to process payments made by and to you
in connection with your use of the Service.
10.10. You acknowledge and agree that credits deposited by you
in your GPM account are held in a trust account on your behalf.
10.11 Internet Gambling may be illegal in the jurisdiction in which
you are located; if so, you are not authorized to use your payment card to complete
11. THIRD PARTY SOFTWARE
11.1 The User's use of the Licensed Software is subject to compliance
with all of the terms and conditions of this Agreement.
11.2 The Licensed Software may not be altered, modified or extracted
from the Software.
11.3 The User's use is limited to "Internal Use" meaning use of
the Licensed Software only in the course of the User's customary and ordinary internal
business or personal use and not for further resale, sublicensing or distribution.
"Customary and ordinary internal business use" shall mean, for an End User that
is an entity, use by such User, or its employees or authorized agents for the User's
customary and ordinary internal business. "Customary and ordinary personal use"
shall mean use, by a User that is an individual, use by such User or a member of
such User's household for internal personal purposes. All such employees, agents,
and household members shall be notified by the User as to the terms and conditions
of this Agreement.
11.5 All rights not expressly granted in the Licensed Software
The User accepts that the historical data of each game shall be as recorded on the
GPM servers. In the event of a discrepancy between the users displayed on your computer
and the game records on the GPM's server the latter shall prevail. The User accepts
that the "History" and features of the Software shall not be considered as the official
historical record of any Game.
If a User wishes to make a complaint, please contact our customer service team at
firstname.lastname@example.org. Should any dispute not be resolved to your satisfaction
you can contact the Albanian Gambling authorities' (AGA) at email@example.com
GPM reserves the right to update or modify this Agreement or any part thereof at
any time without notice and you will be bound by such amended Agreement within 14
days of it being posted at the Site. Therefore, we encourage you to visit the Site
regularly and check the terms and conditions contained in the version of the Agreement
in force at such time. Copies of previous versions of the Agreement can be obtained
by writing to Qlimax Games SH.P.K.,. Your continued use of the Site shall be deemed
to attest to your agreement to any amendments to the Agreement.
14. GOVERNING LAW
The Agreement and any matters relating hereto shall be governed by, and construed
in accordance with, the Albanian Law. You irrevocably agree that, subject as provided
below, the courts of Albania shall have exclusive jurisdiction in relation to any
claim, dispute or difference concerning the Agreement and any matter arising therefrom
and irrevocably waive any right that it may have to object to an action being brought
in those courts, or to claim that the action has been brought in an inconvenient
forum, or that those courts do not have jurisdiction. Nothing in this clause shall
limit the right of GPM to take proceedings against you in any other court of competent
jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions
preclude the taking of proceedings in any other jurisdictions, whether concurrently
or not, to the extent permitted by the law of such other jurisdiction.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable
in any jurisdiction, that shall not affect the validity or enforceability in that
jurisdiction of any other provision hereof or the validity or enforceability in
other jurisdictions of that or any other provision hereof.
GPM reserves the right to assign this agreement, in whole or in part, at any time
without notice. The User may not assign any of his/her rights or obligations under
17.1. No waiver by GPM of any breach of any provision of this Agreement
(including the failure of GPM to require strict and literal performance of or compliance
with any provision of this Agreement) shall in any way be construed as a waiver
of any subsequent breach of such provision or of any breach of any other provision
of this Agreement.
17.2. Nothing in this Agreement shall create or confer any rights
or other benefits in favors of any third parties not party to this Agreement other
than with respect to any company within the Company.
17.3. Nothing in this Agreement shall create or be deemed to create
a partnership, agency, trust arrangement, fiduciary relationship or joint venture
between you and us.
17.4. This Agreement constitutes the entire understanding and agreement
between you and us regarding the Service and supersedes any prior agreement, understanding,
or arrangement between you and us.
17.5. The User must provide full and truthful information in respect
of all details and information requested by GPM in connection with the User's use
17.6. The English language version of this Agreement shall be the
prevailing version in the event of any discrepancy between any translated versions
of this Agreement.