Version 1.0 – 01/11/2017
SEKG provides a platform for recording behavioural reactions and/or impressions of gamers who play online video games. The SEKG platform is a service for helping video game publishers improve the quality of their games, respond to their customers’ demands and adapt the games to trends, and to provide Gamers an advance taste of existing or new games to come.
This document regulates the use of the SEKG platform by Gamers who volunteer to test the Games. You must accept these Terms if you want to participate in this activity. If you have any questions, please contact us on firstname.lastname@example.org
NOTE: Unless specifically indicated for certain games for young players, you may only accept this Terms and use our Services if you are older than 16 years old or otherwise of legal age.
By clicking on the “I accept these Terms” button upon registering to the Sekg Services (as defined below) you accept and undertake to follow these terms and conditions which constitute a binding agreement between Sekg and you. These Terms regulates access and use of the Sekg Services including, but not limited to, the websites at www.sekg.co, and any other sites operated by Sekg that reference these Terms (the “Website”).
- 0. Definitions
“Account” means an account created by the Gamer when signing up on the Website.
“Publishers” means the video creator businesses who have entered into an agreement with Sekg for testing the Games.
“Community Platform” means the community platform whereby all Gamers may compete with each other, share gameplays and highlights, and share user experience.
“Confidential information” means any proprietary information, including without limitation non-public trade secrets, proprietary information, ideas, works of authorship, know-how, processes and any other information or data related to the products and Services, a Party’s business and contractual relationships.
“Gamer Data” means any data of the Gamer that the Gamer loads or enters into the Services, which may be via wearables, or through the forms provided on the Website, and all results from processing such data, include compilations and derivative works thereof.
“Gamer” means you, the natural person playing a Game provided by Sekg and whose behavioural reactions and/or impressions are recorded.
“Games” means the video games provided by Publishers for testing on the SEKG platform.
“Sekg Intellectual Property Rights” means intellectual and industrial property rights, including but not limited to patent rights, copyrights, database rights, knowhow rights, and rights to trademarks, tradenames which are owned by or licensed to Sekg.
“Services” means the services provided by SEKG to Gamers which include without limitation providing access to the Games online at www.sekg.co, access to the Community Platform and other associated services.
- 1. Licence Grant and Conditions
1.1 Subject to compliance with this Terms, you are granted a limited, terminable, non-exclusive right to access and use the Services using your Account, which include without limitation, the right to access the Sekg Community and to play Games to which you are invited, for your personal use only and for providing us your Gamer Data regarding the Games. This licence and your Account are personal, non-transferable and may only be used by you.
1.2 As conditions of these Terms, you may not without further written agreement with us (i) sublicense, sell, resell, transfer, assign, distribute or make available to third parties, or exploit commercially with third parties the Services and any related content or documentation, in whole or part; (ii) modify or make works derived or based on the Services and any content or documentation; (iii) create Internet “links” to the Services or “mask” or “duplicate” the Services in or through any server or wireless or Internet-based device; (iv) transfer your entitlement and membership subscription to any third party; (v) interfere or affect the integrity or performance of the Services or the data it contains; (vi) try to obtain unauthorized access to the Services or related systems or networks; and (vii) screenshot, record or capture the Games or the Services, including the Community Platform
- 2. Term and Termination
2.1 The term of this Terms will start upon validation of your Account and will remain in force until your Account is either terminated by you or us. You may terminate your Account at any time, using the online process, or emailing us at email@example.com.
2.2 We reserve the right to suspend your Account for any reason at any time, in our sole discretion with 5 days’ advance notice, for any reason but in particular if you breach these terms. We may also terminate your Account at any time upon your breach of these terms, immediately upon notice to you.
2.3 Upon termination, your Gamer Data will be immediately deleted by either you or us and will not be retrievable, unless we are required to maintain it for legal or administrative purposes but will not be kept any longer than necessary. Note that anonymized analysis data based on your Gamer Data will be retained.
2.4 Clauses 2 (Term and Termination), 5 (Representations and Warranties), 6 (Limitation of Liability), 7 (Intellectual Property), 8 (Confidentiality and Privacy) and 9 (Miscellaneous) shall survive termination of these Terms.
- 3. Gamer’s Rights and Obligations
3.1 Upon acceptance of these Terms and clicking on the activation link sent to you by email after the initial registration, your Account will be created and you will be able to access and use the Services. Your Account may only be accessed and used by you and your password must remain personal and confidential. In the event you are aware of a confidentiality breach, you must contact us immediately.
3.2 You may not create an account based on false information, nor use (or plan, encourage or help others to use) the Website and Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. Violation of these rules will result in your Account being suspended or terminated.
3.3 You must: (i) keep complete, accurate and updated information on your Account at all times (we will not be responsible for errors or delays arising from incomplete, inaccurate or outdated information), and (ii) not pretend to be another subscriber to the Services or offer information or false identity to obtain access to or use of the Services (iii) use the Account honestly and in good faith, providing us authentic and up-to-date data regarding the Games you test.
3.4 You are responsible for all and any activity carried out in your Account, and must comply with all applicable laws and regulations, including without limitation relating to data privacy, electronic communications and transmission of technical or personal data.
3.5 You agree that the subscription to your Account is neither contingent on the delivery of any future functionality or features, nor dependent on any oral or written public comments made by us regarding future functionality or features, including access to certain Games or monetary compensation. You acknowledge that transmission of data through the Internet is relative, since they circulate on heterogeneous networks whose characteristics and technical capacities are diverse, which are from time to time overloaded and/or may be subject to dysfunctions, rerouting, or security breaches. Use of the Services is in this respect made at your own risk and under your sole responsibility.
3.6 By registering an Account with us, you will be entitled to access the Community Platform where you may share your experience and/or compete with other Gamers.
- 4. Access to the Games and payments
4.1 Upon activation on your Account, you will be eligible to receive notification emails enabling you to access and play the Games for our testing purposes, which may be provided to you according to your profile. We do not guarantee that you will receive any notifications, as these depend on the Publishers’ specifications as to Gamer profiles, and how you satisfy those profiles or not.
4.2 On your acceptance of the notification, we will make the Games available to you for the timeslot set out in the applicable notification email. Upon expiration of the timeslot, you will no longer be able to access the Games. The Games may be accessed and played through Sekg’s Services or through third parties’ platforms.
4.3 You will receive a fee set out in the notification email for any Game played within the appropriate timeslot and for which you have provided us with correct and authentic Gamer Data. The fee will be paid to the bank account you have set out in your Account within thirty (30) days from the date on which receive an acknowledgement email that Gamer Data has been recorded. We shall not be responsible if you do not receive the compensation due to false or inaccurate information in your Account. You shall be responsible for any taxes applicable to you on this fee.
- 5. Representations and Warranties
5.1 Subject to the conditions of these Terms, we shall use commercially reasonable efforts to provide you with your entitlements hereunder. The Services will be provided according to the general standards of the sector.
5.2 The limited warranties provided us in this clause do not cover: (a) parts of the Services that have been subjected to misuse, tampering, experimentation, alteration, or negligence by you or any third party on your behalf; (b) issues arising from your network connections or caused by the Internet; (c) damages that occur due to act of God, failures due to power surge; (d) damages beyond our control arising out an issue with any third party services.
5.3 Other than expressly stated in this clause, to the maximum extent permitted by applicable law, the Services are provided “as is” and all other implicit or explicit conditions, representations and warranties, whether legal or of any other kind, including without limitation warranty of merchantability, satisfactory quality, or fitness for a particular purpose or non-infringement, are disclaimed to the maximum extent permitted by the applicable law.
5.4 There is no warranty that the Services will be uninterrupted or error free; nor any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information or services contained in or provided through the Services. You agree not to hold us liable for the content or loss of any data transferred either to or from you by you via the Services.
5.5 We provide no warranty with respect to the Games that are used in the Service, for which the respective Publisher is responsible to the fullest extent.
- 6. Limitation of Liability
6.1 We will be liable to you for direct damages caused by the provision of our Services. To the maximum extent permitted by applicable law, on no account will we, our suppliers and agents, be responsible for any indirect damages (including without limitation loss of data, benefits or other economic advantages) arising out of or in any way relating to these Terms, derived from this Services or related with the same in any way, including derived from the use or the incapacity to use the Services, or arising out of an issue with any third party services, or any interruption, imprecision, error or omission caused by you or any third party that affects the Services.
6.2 For all events and circumstances, the maximum aggregate and cumulative liability of Sekg or its suppliers for any claim here under will be limited to direct damages and will not exceed one hundred (100) euros. These limitations do not apply to any personal injury, death or any damage suffered by you arising out of our fraud, willful misconduct or gross negligence.
6.3 The Games are provided to you by third party Businesses clients of Sekg. Prior to playing one of their games, you must accept their Terms and Conditions. We shall not be responsible for any failure to play the Games, or other issues arising out of accessing and/or playing the Games. Furthermore, we shall not be responsible for Games that may be accessed on third parties’ platforms which may be owned by or licensed to the Publishers, for which you must also accept the applicable Terms and Conditions.
- 7. Intellectual Property
7.1 Sekg and its licensors hold all rights, title and interest, including without limitation all Intellectual Property Rights in the Services and related content and documentation. We reserve all rights that are not expressly granted in these Terms. We are not responsible for any Intellectual Property Rights in the Games, for which the Publishers are fully responsible.
7.2 These Terms does not involve a sale of any product and does not confer to you any property right to or in the Services, including without limitation the technology underlying any part of the Services or any Intellectual or Property Rights therein held by Sekg and its licensors, distributors and other business partners.
- 8. Gamer Data and Data Protection
- 9. Confidential Information
9.1 You agree to maintain at all times the confidentiality of Sekg’s Confidential Information and the video Games you access that are not publicly available. Confidential Information shall not include information (i) already lawfully known to or independently developed by the you without access to or use of our Confidential Information, (ii) publicly disclosed in published materials, e.g. publicly available video Games, (iii) generally known to the public, (iv) lawfully obtained from any third party without restrictions, or (v) required to be disclosed by law.
9.2 Except as and when required to do so by a competent administrative authority or court of law, you shall not disclose Confidential Information of the other to any third party. You agree not to use our Confidential Information for any purpose except as necessary to fulfil your obligations and exercise your rights under these Terms.
- 10. Miscellaneous
10.1 No Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
10.2 Governing law and Jurisdiction . These Terms are governed by the laws of Spain, without giving effect to the conflict of law principles thereof. All disputes arising under or relating to these Terms shall be resolved exclusively in the courts and tribunals of the City of Barcelona, Spain, without prejudice to mandatory provisions of applicable law that may grant you, as consumer, the right to bring action in the courts of your domicile.
10.3 Waiver.The waiver of a breach of any provision of these Terms shall not operate or be interpreted as a waiver of any other or subsequent breach.
10.4 Severability. If any part of these Terms is held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other parts of these Terms..
10.5 Assignment. Gamer may not assign these Terms without our prior written consent which shall not be unreasonably withheld. We may assign these Terms without need of your consent (a) in the event of any merger, acquisition, or corporate reorganisation or (b) to a purchaser of all or substantially all of our assets.
10.6 Notices. All notices permitted or required under these Terms shall be in writing and provided by email to the email you have entered in the registration form. You are responsible for providing an accurate email and for ensuring that emails you receive from us appear into your inbox.
10.7 Modifications. We reserve the right at all times to propose modified terms of these Terms, which will enter into force on agreement with User and/or any subsequent renewal of the term of these Terms. If you no longer wish to be bound by these Terms following such modification, you may terminate these Terms on notice to us