Terms of Service Beta

1. Acceptance of Terms

1.1. Agreement to Terms

By accessing or using the Service (as defined below), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you must not access or use the Service.

1.2. Electronic Acceptance

Your use of the Service constitutes electronic acceptance of these Terms, which has the same legal effect as a written signature.

1.3. Acceptance Through Interface

By clicking "Sign Up," "Register," or similar buttons, or by continuing to use the Service after being notified of updates to these Terms, you affirmatively accept these Terms.

1.4. Additional Policies

These Terms incorporate by reference the following additional policies, which are available on our website:

• Privacy Policy
• Cookie Policy

2. Eligibility and Age Restrictions

2.1. Minimum Age

The Service is not intended for children under 13 years of age. By using the Service, you represent and warrant that you are at least 13 years old.

2.2. Users Under 18

If you are between 13 and 18 years old, you confirm that you have obtained consent from your parent or legal guardian to use the Service.

2.3. COPPA Compliance

We comply with the U.S. Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13. If we discover that a user is under 13, we will immediately terminate that user's account and permanently delete all associated data.

2.4. Age Misrepresentation

If you provide false information regarding your age, we reserve the right to terminate your account and delete all associated data without prior notice.

2.5. Reporting Underage Users

If you become aware that a user is under 13, please report it immediately to: gameup.me@proton.me

2.6. Legal Capacity

You represent that you have the legal capacity to enter into a binding agreement in your jurisdiction. If you are using the Service on behalf of an entity, you represent that you have the authority to bind that entity.

2.7. Games Age Restriction

Guest players: You may play Reversi and Backgammon in single-player mode without age verification. However, you acknowledge that these games are for entertainment purposes only.

2.8. Confirmation of Eligibility

To use the Service, you must confirm that you meet the following eligibility requirements:

• You are at least 13 years old
• You are not located in the European Economic Area (EEA) or the United Kingdom

How we record your confirmation:

For registered users:

• You confirm your eligibility during the registration process
• We store a confirmation flag in your account indicating that you have completed the confirmation
• This flag remains stored for as long as your account is active
• When you log in from any device, we check this flag and do not ask for confirmation again

For guest users (not registered):

• You confirm your eligibility the first time you use the Service
• We store a confirmation flag in your browser's persistent cookie
• This flag remains stored until you manually clear your browser cookies
• If you clear your cookies, you will be asked to confirm again on your next visit

Important:

• We do not store your actual age or actual location
• We store only a confirmation flag indicating that you have completed the confirmation
• We collect the absolute minimum information necessary to verify eligibility
• For registered users, this flag is associated with your account solely for the purpose of verifying eligibility across devices
• For guest users, this flag is stored only in your browser and is not linked to any account

Why this matters: This approach allows us to comply with legal requirements (COPPA, GDPR) while collecting the minimum amount of information necessary.

3. Geographic Availability and Restricted Jurisdictions

3.1. Limited Availability

The Service is currently offered on a limited basis during the Beta phase. It is available only to users who are physically located in jurisdictions where we expressly permit access.

3.2. Restricted Jurisdictions

The Service is NOT offered to persons located in:

• The European Economic Area (EEA) — including all EU member states, Iceland, Liechtenstein, and Norway
• The United Kingdom
• Any other jurisdiction where the Service may be subject to legal requirements that the Operator does not currently intend to comply with (as updated from time to time)

3.3. User Representation

By registering for and using the Service, you represent and warrant that:

• You are not located in any Restricted Jurisdiction
• You are not using a VPN, proxy, or other technology to circumvent these geographic restrictions
• You will not attempt to access the Service from any Restricted Jurisdiction

3.4. No Guarantee of Detection

While we may implement technical measures to block access from Restricted Jurisdictions, we do not guarantee that we can detect or block all such access. You remain solely responsible for complying with these geographic restrictions.

3.5. Right to Block Access

We reserve the right to suspend, terminate, or restrict your access to the Service if we determine, in our sole discretion, that you are located in a Restricted Jurisdiction, regardless of whether you used circumvention technology.

3.6. Changes to Jurisdictions

We may add or remove Restricted Jurisdictions at any time without prior notice, in our sole discretion.

4. Description of the Service

4.1. Core Functionality

gameup.me is a platform that offers:

• Real-time video communication and messaging (WebRTC)
• Private rooms for communication and collaboration
• Casual games (Reversi, Backgammon, and a 3D shooter)
• Tools (Graphics Editor, Audio Editor, and other similar applications)
• Wishlist feature (experimental)

4.2. Technical Architecture (WebRTC)

The Service uses WebRTC (Web Real-Time Communication) technology:

a) Signaling

Connection setup information (session descriptions, ICE candidates) is exchanged through our server to establish peer-to-peer connections.

b) Media Transmission

Audio and video streams are transmitted directly between users (peer-to-peer) whenever network conditions allow. We do not route, store, or process media content except as necessary for connection establishment.

c) STUN Servers

Used to discover public IP addresses and facilitate direct connections.

d) TURN Servers

Used as a relay when direct peer-to-peer connection fails. Media traffic may pass through our TURN servers in such cases, but no audio/video content is stored, recorded, or retained at any time.

4.3. No Recording or Storage

4.4. Beta Status

The Service is a pre-release Beta version. It is:

• Incomplete and experimental
• Subject to bugs, errors, and interruptions
• Subject to change or discontinuation at any time without notice
• Not intended for production, business-critical, or emergency use
• Provided for evaluation and feedback purposes only

4.5. Changes to the Service

We reserve the right to modify, add, or remove any features or functionality of the Service at any time, with or without notice.

4.6. Wishlist Feature (Experimental)

How it works:

• You can submit your wishlist items via the Service interface
• Name visibility: You may choose to:
  • Display your chosen name (your display name or a custom name you provide) alongside your wishlist item
  • Remain anonymous — your name will not be shown
• All submissions are reviewed by us before publication
• We may edit submissions for clarity, length, or appropriateness
• We reserve the right to reject or delete any submission at our discretion

Important notes:

• This feature is experimental and may be discontinued at any time
• We do not guarantee that your submission will be published
• Published wishlist items are visible to all users
• Do not submit personal, confidential, or illegal content
• If you choose to display your name, it will be visible to all users — choose a name you are comfortable sharing publicly

4.7. Games Feature

Game Modes:

a) Solo Mode (Outside a Room)

• Games run entirely in your browser
• No data is transmitted to our servers
• No game data is stored
• Available to all users (guests and registered)

b) Collaborative Mode (Inside a Room)

• When you are in a room, you may invite other room members to join your game
• Game data is transmitted in real-time through our servers to synchronize the game state between participants
• No game data is stored on our servers — data is only relayed and discarded after the session ends
• Available only to registered users in rooms

Access Summary:

User Type	Solo Mode	Collaborative Mode	3D Shooter
Guest	✅ Yes (solo only)	❌ No	❌ No
Registered (13–17)	✅ Yes	✅ Yes (in rooms)	❌ No (18+)
Registered (18+)	✅ Yes	✅ Yes (in rooms)	✅ Yes

Important Notes:

• Games are provided for entertainment purposes only
• We do not guarantee the fairness, accuracy, or reliability of any game
• We are not responsible for any disputes arising from game play
• The 3D Shooter contains simulated violence and is intended for mature audiences (18+)
• In collaborative mode, game data is not stored — it is only relayed in real-time

4.8. Tools Section (Graphics Editor, Audio Editor, and other similar applications)

The Tools section includes various applications that run in your browser, such as:

• Graphics Editor (Paint)
• Audio Editor
• Other tools we may add in the future

Tool Modes:

a) Solo Mode (Outside a Room)

• Tools run entirely in your browser
• No data is transmitted to our servers
• No files or edits are stored on our servers
• Available to all users (guests and registered)

b) Collaborative Mode (Inside a Room)

• When you are in a room, you may invite other room members to collaborate on a tool
• Tool data (e.g., drawing strokes, audio edits) is transmitted in real-time through our servers to synchronize the workspace between participants
• No tool data is stored on our servers — data is only relayed and discarded after the session ends
• Available only to registered users in rooms

Important:

• We do not have access to your files or edits
• We do not store any files on our servers
• You are solely responsible for the content you create or edit
• You must not use the tools to create illegal, offensive, or infringing content
• In collaborative mode, tool data is not stored — it is only relayed in real-time

4.9. Rooms Feature

The Service includes a "Rooms" feature that allows registered users to create private spaces for communication, collaboration, and shared activities.

How it works:

• Room creation: Registered users (room administrators) can create rooms. Each room is assigned a unique ID (e.g., /r/123456).
• Room alias (optional): Administrators may optionally choose a human-readable alias (e.g., /r/my_room). Aliases must be unique and may be subject to moderation.
• Room types:
  • Temporary rooms: Automatically deleted after a period of inactivity.
  • Permanent rooms: Persist until explicitly deleted by the administrator or by us.
• Access control: Rooms are private by default. Only users explicitly added by the room administrator can join.
• Invitations: Room administrators can generate invitation links to invite other users:
  • For registered users: Clicking the invitation link allows them to accept the invitation and join the room.
  • For unregistered users: Clicking the invitation link creates a temporary account with automatically generated login credentials. The user chooses a display name and joins the room. These credentials can be used to log in later.
• Shared activities: Once in a room, members can:
  • Start collaborative games (Reversi, Backgammon, etc.)
  • Use collaborative tools (Graphics Editor, Audio Editor, etc.)
  • Communicate via video and messaging

Data transmission in rooms:

• When you use a game or tool collaboratively in a room, data is transmitted in real-time through our servers to synchronize the experience between participants.
• No game or tool data is stored on our servers — data is only relayed and discarded after the session ends.
• Video and audio communications are handled via WebRTC and are not stored.

Important notes:

• Room aliases are publicly visible in the room URL. Do not use personal or sensitive information as an alias.
• Invitation links are access tokens. Anyone with the link can accept the invitation and join the room (subject to the conditions above).
• We reserve the right to delete or rename any room alias that violates these Terms.
• We are not responsible for the content or behavior of users within rooms.
• Room data is stored as described in our Privacy Policy.

5. Accounts and Authentication

5.1. Account Creation

To use the Service, you must register an account. You agree to provide accurate, current, and complete information during registration.

5.2. Data We Store

We store only the following data:

Authentication data:

• A salted hash of your password (not the password itself)
• A randomly generated user ID (contains no personal information and cannot be used to identify you)
• An optional display name (if you choose to provide one)
• Email address (for password reset and account recovery)

Game data (registered users only):

• Game statistics (wins, losses, draws)
• Game history (moves, results, timestamps)
• Leaderboard rankings (if applicable)

Important: Guest players' game data is not stored on our servers.

Room data (if you create, join, or are invited to a room):

• Room ID (randomly generated)
• Room alias (optional, human-readable name)
• Room type (temporary or permanent)
• Creator user ID
• Members (user IDs of users who have joined)
• Pending invitations (user IDs of invited users)
• Invitation links (tokens for accepting invitations)
• Last activity timestamp
• Optional comment/description

Important: Room aliases and invitation links are publicly shareable. We do not consider them to be personal data.

Confirmation flags (registered users only):

• Age confirmation: A flag indicating that you have confirmed you are at least 13 years old
• Geographic confirmation: A flag indicating that you have confirmed you are not located in the EEA or the United Kingdom

Important: We do not store your actual age or actual location. We store only a confirmation flag associated with your account for the purpose of verifying eligibility. This is the minimum information necessary to comply with legal requirements.

Wishlist data (if you submit a wishlist item):

• The text of your submission (temporarily stored for moderation)
• Your chosen name (if you opted to display it) — stored with the published item
• Published wishlist items (stored permanently)
• Anonymity: If you choose to remain anonymous, no name is stored

Important: Wishlist items are not linked to your user account. Even if you choose to display a name, we do not store any information linking the submission to your account.

Tools (Graphics Editor, Audio Editor, etc.):

• No data is stored — all tools run entirely in your browser

We explicitly do not store:

• IP addresses
• Session logs
• Communication metadata (who called whom, when, duration, etc.)
• Contact lists or friends lists
• Any audio, video, or text from video calls
• Graphics or files created/edited in the tools
• Game state data from collaborative sessions (only relayed, not stored)
• Your actual age or actual location
• Any other personal information

5.3. Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access to your account

5.4. Password Reset

If you forget your password, you may request a reset via the Service. We will send a reset link to your registered email address.

5.5. Account Deletion

You may request account deletion at any time by:

• Using the account deletion function within the Service (if available), or
• Contacting us at gameup.me@proton.me

Upon deletion, all stored data (password hash, user ID, display name, email, game data, confirmation flags) will be permanently and irreversibly removed.

Wishlist submissions are not affected by account deletion, because they are stored anonymously and are not linked to your account.

Rooms you created will be deleted or reassigned at our discretion.

5.6. Inactive Accounts

We reserve the right to delete accounts that remain inactive for a period determined by us, in our sole discretion. We will provide reasonable notice before such deletion.

5.7. Room Deletion and Invitation Revocation

Room administrators may delete their rooms at any time through the Service interface.

We reserve the right to delete or rename any room that violates these Terms, remains inactive for an extended period, or at our sole discretion.

Upon room deletion:

• The room URL will become inaccessible
• All room data (members, aliases, metadata) will be permanently removed
• All outstanding invitation links will become invalid
• Temporary rooms may be automatically deleted after a period of inactivity

Invitation links: We reserve the right to revoke, expire, or invalidate any invitation link at any time, with or without notice.

Note: Room deletion does not affect user accounts or other data associated with the room members.

5.8. Future Data Storage (Optional)

In the future, we may introduce optional features that allow users to save game states, tool projects, or other content on our servers. This would be an opt-in feature, and we will:

• Notify you before implementing such features
• Update these Terms and our Privacy Policy accordingly
• Provide clear options for data storage, retrieval, and deletion
• Only store data with your explicit consent

Currently, no game or tool data is stored on our servers.

6. User Conduct

6.1. General Rules

You agree to use the Service in compliance with all applicable laws and regulations and in a manner that does not infringe the rights of others.

6.2. Prohibited Activities

You agree NOT to use the Service for any unlawful or prohibited purpose, including but not limited to:

a) Abuse and Harassment

• Harassing, stalking, threatening, or abusing other users
• Using the Service to bully, intimidate, or humiliate others

b) Illegal Content

• Transmitting obscene, violent, sexually explicit, or otherwise unlawful content
• Child sexual abuse material (CSAM) — zero tolerance policy; we will report to authorities
• Content that promotes self-harm, suicide, or eating disorders

c) Fraud and Impersonation

• Impersonating any person or entity
• Providing false or misleading information
• Fraudulent activities or identity theft

d) Privacy Violations

• Sharing or publishing personal information of other users without their consent
• Recording or capturing video/audio streams without explicit consent of all participants

e) Technical Abuse

• Interfering with the Service or attempting to bypass security measures
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code
• Using automated systems (bots, scrapers, crawlers) to access the Service
• Attempting to overload or disrupt the Service (DDoS, etc.)

f) Spam and Misuse

• Sending spam, unsolicited commercial messages, or bulk communications
• Using the Service for any commercial purpose without our prior written consent

g) Circumvention

• Using VPN, proxy, or other technology to circumvent geographic or other restrictions
• Creating multiple accounts to evade restrictions or bans

h) Wishlist Abuse

• Submitting illegal, threatening, abusive, or obscene content
• Submitting content that infringes on third-party rights (copyright, trademark, etc.)
• Submitting personal information of others without their consent
• Submitting spam, promotional content, or unsolicited commercial messages
• Attempting to manipulate the Wishlist feature (e.g., submitting the same item multiple times)
• Using a name that impersonates others or is offensive, misleading, or infringing

i) Game Abuse

• Cheating, exploiting bugs, or using third-party tools to gain an unfair advantage
• Manipulating game outcomes
• Harassing other players during games
• Intentionally disconnecting to avoid loss
• Using automated bots to play games

j) Tools Abuse

• Creating or editing illegal, obscene, or offensive content
• Using the tools to create content that infringes on third-party rights
• Creating or editing content that promotes violence, hate speech, or discrimination

k) Room Abuse

• Creating rooms with offensive, misleading, or infringing aliases
• Creating rooms for illegal or harmful purposes
• Impersonating others through room aliases (e.g., using a name that suggests official affiliation)
• Creating rooms to harass, stalk, or threaten others
• Creating rooms that promote violence, hate speech, or discrimination
• Sharing invitation links in public spaces or in a manner that violates these Terms
• Attempting to exploit or bypass room access controls
• Sharing invitation links with unauthorized individuals
• Creating multiple accounts to accept the same invitation

6.3. User Responsibility

You are solely responsible for all content you transmit via the Service. You warrant that your communications do not violate any applicable laws or third-party rights.

6.4. Moderation Policy

The Beta Service is provided without active, real-time moderation of video calls and messaging. We do not monitor, review, or moderate user communications in real time.

Wishlist Moderation: We review all wishlist submissions before publication. We reserve the right to:

• Edit submissions for clarity, length, or appropriateness
• Reject submissions that violate these Terms
• Remove published wishlist items that we later determine to be inappropriate
• Delete all wishlist items at any time, without notice

This moderation applies only to the Wishlist feature. Video calls, messaging, games, tools, and rooms remain unmoderated.

6.5. Reporting Violations

To report prohibited behavior or content, please contact us at: gameup.me@proton.me

We will investigate reports to the extent reasonably possible and take appropriate action, which may include termination of the offending account.

6.6. Right to Remove

We reserve the right to remove any content or terminate any account that we believe, in our sole discretion, violates these Terms or is harmful to the Service or other users.

6.7. Public Content and Links

Wishlist items are publicly visible. You acknowledge and agree that:

• Any content you submit to the Wishlist feature may be published and viewed by other users
• If you choose to display a name, it will be visible to all users
• You are solely responsible for the content you submit
• You should not submit personal, confidential, or sensitive information
• We do not guarantee the accuracy, completeness, or reliability of wishlist items published by other users

Room URLs and Invitation Links: Room URLs and invitation links are access tokens. You acknowledge and agree that:

• You should not choose room aliases that contain personal, confidential, or sensitive information
• You are responsible for who you share invitation links with
• We are not responsible for any consequences of sharing invitation links
• We may rename or delete room aliases that violate these Terms
• Invitation links may be revoked or expired at our discretion

7. Privacy and Data Processing

7.1. Minimal Data Collection

We collect and process only the data described in Section 5.2. Our data collection is minimal by design.

7.2. WebRTC Signaling Data

During connection setup, signaling data (IP addresses, ICE candidates, session descriptions) is processed temporarily to establish communication. This data is:

• Processed in real-time only
• Not stored in any database or log
• Discarded immediately after the connection is established or terminated

7.3. TURN Server Data

If TURN relay is used, media traffic passes through our TURN server. This traffic is:

• Processed in real-time only
• Not stored, recorded, or retained
• Discarded immediately after transmission

7.4. No Confidentiality Guarantee

While we implement reasonable security measures (including encryption of WebRTC streams), we cannot guarantee absolute confidentiality of communications. You should not transmit sensitive personal, financial, or medical information via the Beta Service.

7.5. Privacy Policy Incorporated

Our Privacy Policy, available at /policy/privacy, provides additional detail on our data processing practices and forms an integral part of these Terms.

7.6. No Data Sharing

We do not share, sell, rent, or transfer your personal data to third parties, except:

• As required by law or legal process
• To protect the rights, property, or safety of the Operator, users, or others
• With your explicit consent

7.7. Data Security

We implement reasonable technical and organizational measures to protect the data we store. However, no security system is impenetrable, and we cannot guarantee absolute security.

7.8. Wishlist Data Processing

When you submit a wishlist item:

• Your submission is stored temporarily for moderation purposes
• If approved, the text is published
• Your chosen name (if you opted to display it) is published alongside the item
• If you choose to remain anonymous, no name is stored or displayed
• We do not store any information linking the submission to your user account or identity
• We may retain moderation logs (e.g., who submitted what, when) for a limited time to prevent abuse

Published wishlist items:

• Are visible to all users
• Are not linked to any user account
• Are not considered personal data
• May be deleted at any time at our discretion

7.9. Tools Data Processing

All Tools (Graphics Editor, Audio Editor, and other similar applications) run entirely in your browser. No data is transmitted to our servers.

• Files you open are processed locally on your device
• Edits you make are processed locally on your device
• Files you save are saved locally on your device
• We have no access to your files or edits
• We do not store any files on our servers

7.10. Analytics Data

We use Google Analytics to collect anonymous usage statistics. This data is:

• Aggregated and anonymized
• Not linked to your user account
• Used solely to improve the Service
• Processed in accordance with Google's Privacy Policy

You may opt out of analytics cookies via our cookie consent banner or browser settings.

8. Beta Disclaimer and Warranty Disclaimer

8.1. "AS IS" and "AS AVAILABLE"

8.2. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted, error-free, or secure operation
• Accuracy, reliability, or completeness of any information
• Compatibility with your hardware or software
• That defects will be corrected

8.3. Beta-Specific Disclaimers

We specifically disclaim any warranty that:

• The Service will meet your requirements
• The Service will be available at all times
• Bugs or errors will be corrected
• Data will be preserved (we store minimal data, but even that may be lost due to technical failures)
• Connections will be established reliably or with acceptable quality
• Audio/video quality will be sufficient for any particular purpose
• Games will be fair, accurate, or reliable

8.4. Third-Party Infrastructure Disclaimer

The Service relies on third-party infrastructure, including but not limited to:

• Hosting providers
• STUN and TURN servers
• Email services
• Authentication services (if used)

We do not warrant the availability, security, or performance of these third-party services. We are not responsible for any failure or interruption caused by third-party services.

8.5. Geographic Availability Disclaimer

We do not warrant that the Service is or will remain available in any particular jurisdiction. We may restrict access to any jurisdiction at any time without notice.

9. Assumption of Risk

You assume all risks associated with using the Beta Service, including but not limited to:

9.1. Technical Risks

• Technical failures, server outages, and service interruptions
• Loss of connectivity or degraded audio/video quality
• Inability to establish connections (especially behind strict firewalls, NAT, or using incompatible network configurations)
• Data loss (including loss of your account data)
• Security vulnerabilities or unauthorized access

9.2. User-Related Risks

• Interactions with other users (we do not vet, verify, or endorse any user)
• Exposure to offensive, unlawful, or harmful content from other users
• Reliance on other users for the quality and nature of communications

9.3. Communication Risks

• The Service is not intended for confidential or emergency communications
• You should not rely on the Service for communication that is time-critical or life-sustaining
• Communications may be intercepted by third parties (we encrypt WebRTC streams but cannot guarantee security)

9.4. Game Risks

• Games are provided for entertainment purposes only
• We do not guarantee fair play or accuracy
• Other players may cheat or behave inappropriately
• The 3D Shooter contains simulated violence

9.5. Room Risks

• Rooms are private but access is controlled by invitation links
• We are not responsible for the behavior of other room members
• Invitation links may be shared without your knowledge
• We do not guarantee the security or privacy of communications within rooms
• Collaborative game and tool data is relayed in real-time but not stored

9.6. Wishlist Risks

• Wishlist items are publicly visible to all users
• If you choose to display a name, it will be publicly visible
• We do not guarantee that your wishlist item will be published
• We may edit or delete wishlist items at our discretion

9.7. Beta Risks

• Features may change, be removed, or not work as expected
• The Service may be discontinued at any time
• Your account data may be deleted if the Service is discontinued

9.8. Your Responsibility

You are responsible for:

• Your own hardware, software, and internet connection
• Your own safety and well-being when using the Service
• Making your own assessment of the suitability of the Service for your needs
• Backing up any important data (though we store minimal data)
• Content you create in the Tools (we do not back it up)
• Who you share room invitations with
• What name you choose to display on the Wishlist
• Maintaining your own session cookies (guest users)

10. Limitation of Liability

10.1. Exclusion of Damages

10.2. Liability Cap

10.3. Free Service

The Service is currently provided free of charge. This limitation of liability is a fundamental basis of these Terms and reflects the fact that you are not paying for the Service.

10.4. Mandatory Law Exceptions

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. This includes, where applicable:

• Liability for death or personal injury caused by gross negligence
• Liability for fraud or fraudulent misrepresentation
• Consumer rights that cannot be excluded by law

10.5. Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

11.1. User Indemnification

You agree to defend, indemnify, and hold the Operator harmless from and against any and all claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• a) Your use of the Service in violation of these Terms
• b) Your violation of any applicable law or regulation
• c) Your violation of any third-party rights, including but not limited to:
  • Privacy rights
  • Publicity rights
  • Intellectual property rights (copyright, trademark, etc.)
• d) Any content you transmit via the Service
• e) Your interactions with other users
• f) Your game play or game interactions
• g) Content you create or edit in the Tools
• h) Your room creation, invitations, and room interactions
• i) Content you submit to the Wishlist, including any name you choose to display

11.2. Procedure

We will provide you with prompt notice of any claim for which we seek indemnification. You will have the right to control the defense and settlement of such claim, provided that you do not enter into any settlement that imposes liability on us without our prior written consent.

11.3. Cooperation

You agree to cooperate with us in the defense of any claim. We reserve the right to participate in the defense at our own expense.

12. Suspension and Termination

12.1. Suspension by Operator

We reserve the right to suspend your account or restrict your access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Suspected violation of these Terms
• Security concerns
• Technical issues
• Maintenance or upgrades

12.2. Termination by Operator

We reserve the right to terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Breach of these Terms (including age or geographic restrictions)
• Illegal activity
• Repeated violations
• Extended inactivity
• Service discontinuation

12.3. Termination by User

You may terminate your account at any time by:

• Deleting your account through the Service interface (if available), or
• Contacting us at gameup.me@proton.me with a deletion request

12.4. Immediate Termination

For serious violations, including but not limited to:

• Child sexual abuse material
• Threats of violence
• Illegal activity
• Fraud

We may terminate your account immediately without prior notice and may report you to relevant authorities.

12.5. Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• Your account data will be deleted (except as required by law)
• Any ongoing communications will be terminated

Wishlist submissions are not affected by account termination, because they are stored anonymously and are not linked to your account.

Rooms you created may be deleted or reassigned at our discretion.

12.6. Survival

The following sections shall survive termination:

• Section 6 (User Conduct) — for violations that occurred during your use
• Section 8 (Beta Disclaimer and Warranty Disclaimer)
• Section 9 (Assumption of Risk)
• Section 10 (Limitation of Liability)
• Section 11 (Indemnification)
• Section 13 (Intellectual Property)
• Section 14 (General Provisions)

13. Intellectual Property

13.1. Ownership of the Service

All rights, title, and interest in and to the Service, including but not limited to:

• Software and source code
• Website design and layout
• Graphics, logos, and trademarks
• Game logic and mechanics
• Content created by the Operator
• All intellectual property rights therein

are and shall remain the sole and exclusive property of the Operator.

13.2. Trademarks

"gameup.me" and all related logos, names, and marks are trademarks of the Operator. You may not use these marks without our prior written consent.

13.3. User Content Ownership

You retain all rights to any content (including audio, video, text, game data, and graphics) that you create or transmit through the Service. We do not claim ownership of your content.

13.3.1. Wishlist Content

By submitting wishlist items, you grant us a limited license to:

• Review, edit, and moderate your submission
• Publish your submission on the Service
• Display wishlist items (and any name you choose to display) to other users

This license is limited to the operation of the Wishlist feature. We do not claim ownership of your wishlist items.

Because wishlist items are published anonymously and are not linked to your account, you acknowledge that you may not be able to request deletion of a specific wishlist item after it has been published.

13.3.2. Tools Content

All content you create or edit using the Tools (Graphics Editor, Audio Editor, etc.) remains your property. Because all tools run entirely in your browser and no data is transmitted to our servers, we have no access to, and claim no ownership of, any files you create or edit.

13.4. Limited License to Operate

By using the Service, you grant us a limited, non-exclusive, revocable license to process your content solely for the purpose of:

• Transmitting it to other users
• Displaying it as necessary for the functioning of the Service
• Technical operation of the Service
• Storing game data (for registered users)
• Storing room data (for registered users)
• Relaying collaborative game and tool data in real-time (not stored)
• Storing and displaying wishlist content
• Storing confirmation flags (for registered users)

This license is limited to the duration of your use of the Service and terminates when you stop using the Service or delete your account.

13.5. Restrictions

You agree NOT to:

• Copy, modify, or reproduce any part of the Service
• Reverse engineer, decompile, or disassemble any software forming part of the Service
• Redistribute or sublicense the Service
• Remove any copyright, trademark, or other proprietary notices

13.6. Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service (collectively, "Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use such Feedback for any purpose, without compensation to you.

14. General Provisions

14.1. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Operator regarding the Service and supersede all prior agreements, representations, and understandings.

14.2. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

14.3. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

14.4. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. In the event of an assignment, we will notify you via the Service or by email.

14.5. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, fires, floods, or earthquakes
• War, terrorism, or civil unrest
• Internet outages, DNS failures, or cyberattacks (including DDoS)
• Government actions, sanctions, or regulatory changes
• Failure of third-party infrastructure (hosting, DNS, CDN, etc.)

14.6. No Partnership or Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. Neither party has the authority to bind the other.

14.7. Independent Parties

You and we are independent parties. There is no fiduciary relationship between us.

14.8. Interpretation

Headings are for convenience only and do not affect the interpretation of these Terms. References to "including" mean "including, without limitation."

14.9. Language

These Terms are provided in English. If a translation is provided for convenience, the English version shall prevail in case of any conflict. By agreeing to these Terms, you confirm that you understand English.

14.10. Third-Party Beneficiaries

These Terms are for the benefit of the parties only and do not create any third-party beneficiary rights.

14.11. Compliance with Laws

You are responsible for complying with all applicable laws and regulations in your jurisdiction regarding your use of the Service.

14.12. Notices

We may provide notices to you via:

• Email to the address you provided during registration
• In-Service notifications
• Posting on the Service website

You are responsible for checking for such notices.

15. Governing Law and Dispute Resolution

15.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Kyrgyz Republic, without regard to its conflict of law provisions.

15.2. Consumer Rights

If you are a consumer in the European Union, the United States, or any other jurisdiction, mandatory consumer protection laws of your country of residence may apply and cannot be excluded by this choice of law.

15.3. Jurisdiction

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Kyrgyz Republic, provided that:

• You may bring a claim in your country of residence if you are a consumer
• We may seek injunctive relief in any jurisdiction

15.4. Informal Resolution

Before initiating any legal proceeding, you agree to attempt to resolve the dispute informally by contacting us at gameup.me@proton.me for a period of 30 days. We will make reasonable efforts to resolve the dispute.

15.5. No Class Actions

To the maximum extent permitted by law, you agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15.6. Statute of Limitations

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose, or it will be permanently barred.

16. Changes to These Terms

16.1. Right to Modify

We reserve the right to update or modify these Terms at any time, in our sole discretion.

16.2. Notice of Changes

We will notify you of material changes by:

• Posting the updated Terms on the Service website
• Sending an email to the address you provided
• Displaying a notice within the Service

The "Last Updated" date at the top of these Terms will be updated accordingly.

16.3. Effective Date

Changes become effective on the date specified in the notice (the "Effective Date"). For material changes, we will provide at least 30 days' notice before the Effective Date.

16.4. Continued Use

Your continued use of the Service after the Effective Date constitutes acceptance of the updated Terms.

16.5. Affirmative Acceptance

For material changes, we may require your affirmative acceptance (e.g., clicking "I Agree" again) before you can continue using the Service.

16.6. Disagreement with Changes

If you do not agree to the updated Terms, you must stop using the Service and delete your account before the Effective Date.

17. Contact Information

17.1. General Inquiries

For any questions, comments, or concerns about these Terms or the Service, please contact us at:

Email: gameup.me@proton.me
Website: gameup.me

17.2. Legal Notices

For legal notices, please send an email to the above address with "Legal Notice" in the subject line.

17.3. Abuse Reports

To report abuse, prohibited behavior, or violations of these Terms, please contact us at: gameup.me@proton.me with "Abuse Report" in the subject line.

17.4. Privacy and Data Protection

For privacy-related questions, please contact us at: gameup.me@proton.me with "Privacy" in the subject line.

17.5. Response Time

We endeavor to respond to all inquiries within a reasonable time, but we do not guarantee a specific response time.

17.6. Wishlist Submissions

To submit a wishlist item, please use the submission form on the Service.

If you have questions about the Wishlist feature, contact us at: gameup.me@proton.me with "Wishlist" in the subject line.

18. Related Documents

The following documents are incorporated by reference and form part of these Terms:

• Privacy Policy — available at /policy/privacy
• Cookie Policy — available at /policy/cookies

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