Terms of Use

 

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.

Welcome to Geme. We are glad you have chosen to use our application and web platform. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Service.

Geme is a geo-location-based information and marketing self-as-a-service app and web platform provided by Adventure of Lifetime OU located in Tallinn, Estonia (“the Company”), and provides customized notifications/messages/ads to Geme users from retailers, service companies, and private people when they are near a specific location. Geme users’ opt-in to receive notifications on mobile devices from retailers, service companies, and private people when they are within a defined geographical boundary. Subscribers, customers, users, and others who download, access, use, and/or subscribe to the Geme service (collectively or individually “You” or “Subscribers”) must do so under the following terms and conditions of use.

IMPORTANT: BEFORE USING THE GEME SERVICE, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY SIGNING UP TO GEME, YOU (ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE OF ANOTHER INDIVIDUAL OR COMPANY) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE GEME TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERM OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE DO NOT SIGN UP TO GEME SERVICE AND CEASE USING THE GEME SERVICE IMMEDIATELY. THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND OUR COMPANY. PLEASE READ IT CAREFULLY.

THE GEME SERVICE IS AVAILABLE FOR COMPANIES AND INDIVIDUALS AGED 15 YEARS OR OLDER. If you are not at least 15, you may download and/or use the Geme application only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the Geme application.

GEME IS INTENDED AS A GEO-LOCATION-BASED MARKETING SERVICE FOR INDIVIDUAL OR COMPANY USE AND SHOULD NOT BE USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE GEME SERVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. THE GEME SERVICE IS NOT SUITED OR INTENDED FOR ANY OTHER TYPE OF BUSINESS OR COMMERCIAL USE THAN GEO-LOCATION BASED MARKETING.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE GEME SERVICE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE GEME SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

 

1. Privacy Policy

The Company’s Privacy Policy is hereby incorporated into this Agreement by reference and can be found on www.geme.io. Please read the Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and location information.

MODIFICATION OF THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the Geme service after the posting of any modifications or changes constitutes your binding acceptance of such changes.

Please note that additional and/or different conditions and terms of use may apply to goods, services, or products provided through one or more of our retailers or marketing partners, and you should refer to those before using such goods, services, or products. For any material changes to this Agreement, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on www.geme.io.

 

2. Ownership and Propritary Rights

The Geme service is owned and operated by the Company. The Company’s software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications and web platform, and all other elements of the Company’s services (collectively, the “Materials”) are protected by copyright and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials are the property of the Company or its subsidiaries, affiliated companies, and/or third-party licensors. All trademarks, service marks, and trade names displayed via the Geme service are proprietary to the Company or its affiliates and/or third-party licensors. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

 

3. Account Information

The Geme service is not available to persons under the age of 15 or to any Subscribers suspended or removed from the Geme service by the Company. You agree that the information you provide to the Company upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.

 

4. Password

When You register as a User to the Geme service, you may be asked to provide a password. As You will be responsible for all activities that occur by those who use your password. You should keep your password strictly confidential at all times. YOU MUST NOTIFY THE COMPANY IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require You to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR GEME ACCOUNT PASSWORD WITH ANY OTHER PERSON, FOR ANY REASON.

 

5. Payment Terms

Geme currently provides the Social Geme free of charge for individuals. Creating and publishing a promotion Geme and/or a route Geme comes at a charge. For more information on the current and updated pricing, please go to www.geme.io or contact us at hello@geme.io

When you use the Geme application, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your own responsibility. The Geme application may not be accessible in some foreign countries, this will depend on the Geme application being supported by the foreign network. You should check with the local carrier whether you will be required to pay additional charges for such access. The ability to download or access the Geme application may be restricted or impaired when on a roaming network abroad.
 

6. Help

You can obtain help at any time by logging by sending an email to hello@geme.io

7. Prohibited Conduct

YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NOT, AND WARRANT THAT YOU WILL NOT:

  • Create or publish a social Geme for any commercial or non-private use; the social Geme service is for personal, non-commercial use only;
  • fail to deliver payment for charges that may be assessed by your mobile carrier as a result of receiving notifications through the Geme service;
  • use the Geme service for any unlawful purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Geme service or features that enforce limitations on use of the Geme service;
  • intentionally interfere with or damage operation of the Geme service or any user’s enjoyment of, the Geme service by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  • use the Geme service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
  • use the Geme service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Geme service could lead directly to death, personal injury, or severe physical or property damage;
  • attempt to gain unauthorized access to the Geme service, or any part of it, other accounts, computer systems or networks connected to the Geme service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Geme service or any activities conducted through the Geme service; or
  • use any robot, spider, scraper or other automated means to access the Geme service for any purpose without the Company’s express written permission or bypass measures the Company may use to prevent or restrict access to the Geme service or modify the Geme service in any manner or form, nor to use modified versions of the Geme service, including (without limitation) for the purpose of obtaining unauthorized access to the Geme service.

8. Refusal or Suspension of Service

THE COMPANY RESERVES THE RIGHT TO DISABLE ANY SUBSCRIBER’S USE OF OR ACCESS TO THE GEME SERVICE FOR ANY REASON AND WITHOUT ANY NOTICE, AND TO REFUSE ACCESS TO ANY PROSPECTIVE USER FOR ANY REASON.

9. Advertising Policy Principles (Promotion and Route Gemies)

Advertisers cannot use sensitive interest categories to target ads to users or to promote advertisers’ products or services. We define sensitive interest information in terms of the following three policy principles:

Prohibited categories

The following Advertising policies cover categories that are legally or culturally sensitive and are not supported promotion or route Geme ads. The following sensitive interest categories cannot be used by advertisers to target ads to users or promote advertisers’ products or services.

  • Alcohol in personalized advertising or Alcoholic beverages and drinks that resemble alcoholic beverages
  • Gambling in advertising (Gambling, including online and offline gambling; online gambling-related information; online non-casino games played for money or prizes; and online casino-based games, regardless of whether money is exchanged)
  • Location-based gambling in advertising (Physical casinos that explicitly promote gambling)
  • Clinical trial recruitment in personalized advertising Promotion of clinical trial recruitment
  • Restricted drug terms in personalized advertising (Prescription medications and information about prescription medications)
  • Users under 13 in personalized advertising (Collecting personal information from children under 13 or targeting interest content to children under the age of 15)

In addition, Geme’s privacy policy applies to all Geme features and dictates how Geme collects, uses, and protects user data.

Hardships

Advertisers cannot use individuals’ hardship categories to target ads to users or to promote advertisers’ products or services. See below for specific examples of what we do not allow.

Health in advertising

Personal health conditions, health issues related to intimate body parts or functions, and invasive medical procedures. This also includes treatments for health conditions and intimate bodily health issues.

Health content includes:

  • physical or mental health conditions, including diseases, chronic conditions, and sexual health
  • health condition-related services or procedures
  • products for treating or managing health conditions, including over-the-counter medications for health conditions and medical devices
  • long or short-term health issues associated with intimate body parts or functions, including genital, bowel, or urinary functions
  • invasive medical procedures, including cosmetic surgery
  • disabilities, even when content is oriented toward the user’s primary caretaker;

Negative financial status in personalized advertising:

Personal financial distress, difficulties, or deprivation

Relationships in advertising:

Personal hardships with family, friends, or other interpersonal relationships;

Commission of a crime in advertising

Personal criminal record, crimes committed, criminal allegations, or criminal charges

Abuse and trauma in advertising

Personal status as a victim of abuse, crime, or other traumatic event

Imposing negativity in personalized advertising

 

Believes

Advertisers cannot use belief categories to target ads to users or to promote advertisers’ products or services. See below for specific examples of what we do not allow:

  • Sexual orientation in advertising
  • Political content or affiliation in advertising
  • Trade union membership in advertising
  • Race and ethnicity in advertising
  • Religious belief in advertising
  • Personal religious beliefs
  • Marginalized groups in advertising
  • Transgender identification in advertising

 

Sexual interests

Advertisers cannot use sexual interest categories to target ads to users or to promote advertisers’ products or services. See below for specific examples of what we do not allow:

  • Partial nudity in personalized advertising
  • Birth control in personalized advertising
  • Non-Family safe or adult advertising

10. Third Party Websites, Goods, Products and Services

  • The Geme service may include links to other websites or services solely as a convenience to Users. The Company is not responsible for the information, material, goods, products or services contained on other linked websites or accessible through other linked websites. Furthermore, the Company makes no express or implied warranties with regard to the information, material, goods, products or services that are contained on or accessible through linked websites. Access and use of linked websites, including information, material, products and services on linked websites or available through linked websites is solely at your own risk.
  • Your correspondence or business dealings with, or participation in promotions of, retailers, brands or service companies found on or through the Geme service are solely between you and such retailer, brand or service company. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such retailers, brands or service companies through the Geme service.
  • The Company does not warrant the offerings of any businesses or their goods, products, or service offerings. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their Privacy Policies and other terms and conditions of use.
  • Some goods, products, and services are provided under direct license from the third party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such good, product, or service, including any customer support or maintenance, will be between you and such vendor, and the Company will have no liability with respect thereto. 

    11. License Grant, Restrictions and Upgrades

  • To subscribe to the Geme service (including during e.g. a trial period), you must have a mobile device that is compatible with the Geme service and be a customer of a wireless carrier that enables the Geme service. The Company does not warrant that the Geme service will be compatible with your mobile device.
  • License Grant. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use the Geme service.
  • Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Geme software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Geme software to any third party or use the Geme software to provide time sharing or similar services for any third party; (iii) make any copies of the Geme software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Geme software, features that prevent or restrict use or copying of any content accessible through the Geme software, or features that enforce limitations on use of the Geme software; or (v) delete the copyright and other proprietary rights notices on the Geme software.
  • Software Upgrades. You acknowledge that the Company may from time to time issue upgraded versions of the Geme software, and may automatically electronically upgrade the version of the Geme software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
  • Open Source. With respect to any open source or third-party code that may be incorporated in the Geme software, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code.
  • Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Geme software or any copy thereof, and the Company or its third-party partners or suppliers retain all right, title, and interest in the Geme software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Geme reserves all rights not expressly granted under this Agreement

    12. Violations and Termination

You agree that the Company, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the Company or use of the Geme service and remove and discard all or any part of your account at any time. You agree that any termination of your access to the Geme service or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive or unlawful activity that may be grounds for termination of your use of the Geme service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.

13. Disclaimers (No Warranties)

THE GEME SERVICE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GEME SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION THE COMPANY’S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

THE COMPANY AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION THE COMPANY’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GEME SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GEME SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION THE COMPANY’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE GEME SERVICE IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE GEME SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GEME SERVICE AT YOUR OWN DISCRETION AND RISK.

14. Indemnification (Hold Harmless)

You agree to indemnify, defend, and hold the Company, its affiliated companies, and its suppliers and partners (including, without limitation, the Company’s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to a) your use or misuse of any location information generated through the use of the Geme service or the Geme service generally, b) any violation of the rights of any other person or entity by you, or c) any breach or violation by you of this Agreement.

The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

 

15. LIMITATION OF LIABILITY AND DAMAGES

 

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, THE COMPANY’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; B) YOUR USE OR INABILITY TO USE THE GEME SERVICE; C) THE GEME SOFTWARE OR SYSTEMS THAT MAKE THE GEME SERVICE AVAILABLE; OR D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE GEME SERVICE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE COMPANY’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, THE COMPANY’S WIRELESS CARRIER PARTNERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GEME SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED (100) DOLLARS. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY GOODS, PRODUCTS, OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED THROUGH OR ADVERTISED ON THE GEME SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE GEME SERVICE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

16. CONSENT TO USE OF ELECTRONIC SIGNATURES AND RECORDS

 

As a convenience and courtesy to you, the Company provides access to services online which may require you to enter into agreements or receive notices or notifications electronically. Accordingly, you acknowledge and agree that by signing up anywhere in app or on the website:

 

  • you agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
  • you have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, the policies and any amendments hereto or thereto;
  • you agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
  • you are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and
  • you agree to receive electronically information about our services and other electronic records into which you thereby enter including, without limitation, this Agreement.

    17. Miscellaneous

    Governing Law 

    This Agreement shall be governed by and construed in accordance with the laws of the European Union, without giving effect to any principles of conflicts of law.

    Jurisdiction

    You agree that any action at law or in equity arising out of or relating to this Agreement or the Geme service shall be filed only in Estonia and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either the Company or you may demand that any dispute or claim between the Company and you about or involving Geme must be settled by arbitration utilizing the dispute resolution procedures of the Estonian Arbitration Association (“EAA”), and, if so demanded by the Company or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the EAA.

    Severability; Waiver

    If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

    Notices

    The Company may provide you with notices, including those regarding changes to this Agreement, by email, text messages or postings on www.geme.io. Notice will be deemed given twenty-four hours after they are sent, unless the Company is notified that the email address or mobile number is invalid. Notices posted on www.geme.io are deemed given and binding 30 days following the initial posting.

    Assignment

    This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by the Company without restriction.

    Survival

    Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1, 4, 8, 9, 10, and 14 through 17 hereby survive any termination of this Agreement or any termination of your use of or subscription to the Geme service.

    Headings; Entire Agreement

    The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by the Company as set forth in Section 3 above.

 

 18. Time Period for Bringing Claims

YOU AND A COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GEME SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.