AWOMO Terms & Conditions of Use

Please read these Terms and Conditions of Use carefully before using, registering for, or downloading any software or service from AWOMO. Once registered you signify your agreement with these Terms and Conditions. If you do not agree with any of the below Terms and Conditions please do not use this site, its service, software or apply for the beta. GDI Plc ("AWOMO") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. By using this site or the service after notice of such changes is posted, you agree to be bound by all the modifications, alterations or updates.

DEFINITIONS

• “GDI” means GDI Game Domain International Plc using the trademarked brand name AWOMO.
• ‘Site’, ‘Website’ means the GDI website; www.awomo.com.
• 'You', 'Your', ‘they’, 'their', 'User' 'Tester' means the individual seeking to register for Beta services provided by the Website.
• “we” (and “us” and “our”) means GDI.
• 'Service', 'Services' means the services supplied by the Website to the User in relation to these terms and conditions.
• ‘Software’, the ‘Software’ refers to all software, plug-ins and technological elements supplied to the User for use in the Beta.
• ‘register’, 'registration', ‘registering’ means completing the online form that the User needs to submit in order to apply to use the Service.
• ‘Beta’ means the initial testing period of the Service that will be run until users are notified.
• Technical Agents means companies engaged by GDI to develop the games delivery system.
• 3rd Parties means any company or entity that is not GDI or its Technical Agents.

SUMMARY OF SERVICE

- GDI offers a PC games download service. Initially this will be provided free of charge in ‘beta’ form for service testing purposes only. In time the Beta will end and the Site will move to offer paid services.

- Users must have the necessary PC equipment and a broadband Internet connection. The Service requires the installation and the use of GDI Software (delivered under licence) which allows for fast access to PC games via a high speed internet connection.

- As part of the Service Users will be required to download information from GDI servers using their own broadband connection. Some connections have limits to the amount of data that can be downloaded and in these cases providers often charge for incremental data. As game data files are quite large we advise that you use the Service in conjunction with an unlimited data allowance. In any case GDI will not be liable for any costs associated with Users broadband accounts.

-The Website aims to provide a consistently working service, notwithstanding malfunctions which are out of the Provider’s control and scheduled maintenance periods. This will not always be possible during the Beta phase and as such GDI make no guarantees in relation to the consistency of the Beta service.

- In instances where the User has a hardware or software compatibility problem with a game, we ask the User choose a compatible game or upgrade his computer. In cases where compatibility continues to be a problem, GDI cannot be held responsible.

- By installing the Software the user will register to use this service and agrees to accept these Terms and Conditions, which is applicable to all Users and uses of the Service. Please read the following document carefully before starting to use the Service. No cancellation, withdrawal rights or other “cooling off” period applies to the Service.

We have tried to make these Terms and Conditions as clear and precise as possible. For any questions concerning the present contractual terms and conditions, please contact us at:

support@awomo.com

If, once you have obtained further clarification on these Terms and Conditions, you still find one of the clauses below unacceptable, you should not to register or use the Service.

TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS

This Service is controlled and operated by GDI Plc at Castle Hill House, 12 Castle Hill, Windsor, Berks SL4 1PD, UK. The "AWOMO" and "GDI" trademarks and related logos are property of GDI Plc. All Rights Reserved. All other material on this site, including, but not limited to screen captures of the service, images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by GDI, or its affiliates, or by other parties that have licensed their material to GDI. You may use material from this site only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorisation. The use of any such material on any other web site or networked computer environment, unless expressly authorised, is prohibited.

Users who are employed by companies offering competitive services agree that they are joining the Service only for their own personal interest. They may not, demonstrate, discuss or in any way use the Service to gain advantage or profit in their professional capacity.

Employees of media companies and journalists may not report, describe or publish any experiences, aspects or details of the Service without the express prior written consent of GDI.

RESPECT OF THE UK DATA PROTECTION ACT

The UK Data Protection Act 1998 provides the legal framework that defines how personal information can be used. GDI is fully committed to compliance with the UK Data Protection Act 1998. The following principles will be applied when we handle your personal information:

• Your personal information is only used with your knowledge
• Only information that we actually need is collected
• Your personal information is only seen by those who need it to do their jobs
• We will not pass your personal information on to any other organisation without your agreement unless required to do so by the law
• Personal information is retained only for as long as it is required
• We will, where necessary, keep your information up to date
• Your information will be protected from unauthorised or accidental disclosure
• We will provide you with a copy of your personal information on request
• Inaccurate or misleading data will be corrected as soon as possible

These principles apply whether we hold your information on paper or in electronic form.

During the use of the Service statistical information is gathered and transmitted to our Technical Agents (including game, time of use and other gameplay statistics). This information is then used to monitor, develop and refine the Service and assess the average hardware and software capabilities of Users. Nominative information about the User is only retained in order to distribute incentives and rewards and to display usernames on the website in relation to performance tables and rewards. GDI will never release nominative information to any 3rd Party and is committed to use all User data responsibly.

Personal data given by the customer to be used for order and payment processing will only be shared with affiliate companies for the purpose of executing those order or payment processes.

A User may request a copy of his personal data stored by GDI at any time.

TERMS OF USE

1. GDI has been granted a licence by various different Games companies (hereinafter referred to as “the Content Providers”) for use in conjunction with GDI’s Software for the purposes of testing and market research of the software. GDI has the right to sub-licence to third-parties in order to complete this testing. By downloading games Users agree to accept the terms and conditions specified by the relevant Content Provider. These terms and conditions may be viewed from link on the individual product page on www.awomo.com.

2. The Service, Software and related documentation are patented works and are also protected under applicable database laws. GDI or Content Providers, where relevant, retain ownership of all software and games and all subsequent copies of software and games, regardless of the form in which the copies may exist. This licence is not a sale of the original software, game or any copies of such.

3. GDI grants you a limited, non-exclusive licence to use the software and related GDI service for use on any computer system owned, leased and/or controlled by you solely for the purpose of testing the Software. Once GDI confirm that the Beta is complete then GDI has the right to begin charging for software and services on the site at its discretion. Prices and availability of products may be changed without prior notice or consent.

4. You may not use, copy, modify or transfer the Software (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence. If you transfer possession of any copy of the software to another party except as provided above, the licence is automatically terminated. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the software, except as expressly permitted by the law of this Agreement. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the software.

5. The Service is licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of software, your account (or any Service other materials), on a temporary or permanent basis.

6. You undertake to:
a. not to reproduce the software, and/or partial copies of the software;
b. hold all drawings, specifications, data (including object and source codes), software listings and all other information relating to the software confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party.

7. GDI undertakes that:
a. subject to the limitations and exclusions of liability below, (a) the installation package used to deliver the software will be free from material defects under normal use; and (b) the copy of the program in the package will materially conform to the documentation which accompanies the package.
b. GDI shall not be liable for any damage caused to the Licensee’s computer if the software fails to operate in accordance with the said warranty as a result of any modification, variation or addition to the software not performed by GDI or caused by any abuse, corruption or incorrect use of the software, including use of the software with equipment or other software which is incompatible.

8. Except in respect of personal injury or death caused directly by the negligence of GDI, in no event will GDI be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such software, even if you have been advised of the possibility of such damages.

9. The licence is effective only for the Beta period of testing. GDI may terminate it at any time upon conditions set out elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement or if you voluntarily decide to withdraw from the Beta.

10. You agree that GDI shall have the right after supplying undertakings as to confidentiality, to audit any computer system on which the software is installed in order to verify compliance with this Agreement.

11. These terms and conditions constitute the complete and exclusive statement of the legally binding Agreement between you and GDI and with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between the Parties relating to that subject matter.

12. Any clause in these terms and conditions that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by that deletion. This Agreement shall be governed by the laws of England and Wales and the parties agree that any such dispute shall be dealt with by the courts of England and Wales.

13. Failure or neglect by either party to exercise any of its rights or remedies under these terms and conditions will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party’s right to take subsequent action.

14. This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligations.

15. These Terms and Conditions persist regardless of any other terms and conditions or End User License Agreement (EULA) entered into during the course of using the Service. In the case of any conflict these Terms and Conditions prevail.

16. Any claim related to this Agreement may not brought unless brought within one year after the claim arises. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.