Welcome to GameTribe! We hope you’ll enjoy being a part of our community by participating in online
gaming challenges, competitions and tournaments (collectively, “Competitions”) offered on our platform.
BY REGISTERING FOR AN ACCOUNT WITH US (your “Account”), USING THE SERVICES IN ANY WAY, CLICKING “I
ACCEPT” BELOW, DOWNLOADING ANY APPLICATION INTEGRATED WITH GAMETRIBE’S SOFTWARE (as further defined in
Section 2.2 below, “Software”), OR REGISTERING FOR OR PARTICIPATING IN ANY COMPETITIONS, YOU: (A)
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF SERVICE AND ALL OBLIGATIONS AND RULES THAT
MAY BE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE (“Rules”) (these Terms and Conditions
of Service, the terms of any policy incorporated herein, and the Rules are collectively referred to as
the “Terms”) IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO
ACCEPT THESE TERMS. If you don’t wish to be bound by the Terms, do not click “I accept” and do not
register with GameTribe (“GameTribe”, “we” or “us”) and do not use the Services. Declining to accept
these Terms means you will be unable to participate in Competitions or use your GameTribe account.
1. GENERAL TERMS
1.1. ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR
CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE
OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED
IN SECTION 14 BELOW. PLEASE READ SECTION 14 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES
IN COURT BEFORE A JUDGE OR JURY.
1.2. Changes to the Terms. We may amend, change, modify or revise the Terms at any time, and we may post
a notice on our website (“Website”) of any material changes, and you can see when these Terms were last
revised by referring to the “Updated” legend above. Your continued participation in Competitions and/or
use of Software or Services means you accept any new or modified Terms. You are responsible for
reviewing the Terms for any changes, so please check back here from time to time.
1.3. Eligibility. You may not modify these Terms except in writing signed by both you and GameTribe. For
purposes of these Terms, “writing” does not mean an email nor an electronic/facsimile signature.
1.3.1. To be eligible to register an Account, to participate in any Competition or receive Services,
and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older,
and who is personally assigned to the phone number submitted during your Account registration; (b) have
the power to enter into a contract with GameTribe; (c) be physically located in a jurisdiction in which
participation in the Competition you select is permitted and unrestricted by that state or country’s
laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any
time, we may suspend or close your Account with or without notice.
1.4. Registration. When you create an Account, you will be asked for a legitimate email address and
phone number that you control. During registration, you will be given the opportunity to create a
username or accept a username given by the Services. The username is needed to participate in the
Services. As a registered user, you can update your account settings, including your email address, by
logging into your GameTribe Account and clicking “Profile”. Also, if you forget your username, you can
visit the Website or email us for help. Please keep your username secret because you are responsible for
all activity in your Account.We may, in our sole discretion, reject, change, suspend and/or terminate
1.5. Your Account. As the holder of your Account, you are solely responsible for complying with these
Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to
(i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use
prizes, winnings and other representative of value (including without limitation digital trophies,
virtual currency or virtual goods) (collectively “Winnings”). Neither your Account nor Winnings nor any
Digital Assets (defined in Section 10.3) are transferable to any other person or account. You must
immediately notify us of any unauthorized use of your identification or any other breach or threatened
breach of our security or the security of your Account in any GameTribe-enabled game.
1.6. Personal Location Data: As a part of this service we collect location information from your device.
If you would like to opt out of having this information collected, you can disable location access to
GameTribe through the Settings menu on your mobile device.
1.7. Use of Information Collected: By upgrading an account and providing an email address, users
authorize GameTribe to provide them with important announcements, relevant promotions, and other related
communications relating to the Service, Software and Competitions. Users will always have the
opportunity to opt out of these communications at any time.
1.8 Employee Policy: GameTribe employees may use the Services and/or Software for the purpose of testing
the user experience, but may not withdraw money. GameTribe directors, contractors, affiliates, or
partners may use the Website, Services and/or Software without such limitation, but only if they do not
have any access to non-public information relating to the Services and/or Software that would lead to
any advantage in their play using the Services and/or Software.
2. SERVICES AND SOFTWARE
2.1. The Services. GameTribe may, with or without notice to you: (1) modify, suspend or terminate your
access to the Website, Services and/or Software for any reason without liability; and (2) interrupt the
operation of the Website, Services and/or Software as necessary to perform maintenance, error
correction, or other work. GameTribe may suspend and/or close the account of any user who violates, or
whom we reasonably believe may be in violation of or will violate, these Terms, at any time without
notice and without liability. Also, and without limiting our other rights or remedies, if we believe you
have violated these Terms or if you have violated these Terms, we may determine that your Winnings, if
any, will be forfeited, disgorged or recouped.
2.2. Software. If you wish to participate in Competitions or receive Services, you may be required to
first download certain mobile applications from GameTribe (together with the content included therein,
any associated documentation, and any application program interfaces, license keys, and patches,
updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is
collectively “Software”). If you do not download the Software, you will not be able to participate in
Competitions or receive relevant Services. Whether you download the Software directly or from a third
party, such as via an app store, your use of the Software is subject to these Terms. We license the
Software to you under Section 10.2.
2.3. Remote Access and Updates. We choose to offer technical support for Software from time to time at
our discretion. Such technical support may require that we remotely access your device on which the
Software is installed (“Device”). Also, if and when we update the Software or deploy patches, updates,
and modifications to the GameTribe Software, as applicable, we may do so through remote access of your
Device without your knowledge. You hereby consent to these activities. You acknowledge that if we cannot
remotely access your Device, then the Software may no longer work, and this may prevent you from
participating in Competitions or otherwise receiving Services. Our access to your Device will be limited
solely to (i) providing support (ii) updating the Software or (iii) determining your location for
2.4. Beta Releases. For any Service that is identified by us as a “beta” version (“Beta Service”), you
acknowledge and agree that a Beta Service may contain more or fewer features than the final release of
the Service. We reserve rights not to release a final release of a Beta Service or to alter any such
Beta Services’ features, specifications, capabilities, functions, licensing terms, release dates,
general availability or other characteristics. Beta Services may not be suitable for production use and
may contain errors affecting proper operation and functionality.
2.5. Third Party Sites. You may be able to access third-party websites or services via the Software,
Services or Website. We are not responsible for third-party websites, services, or content available
through those third-party services. You are solely responsible for your dealings with third-parties
(including advertisers and game developers). Your use of third-party software, websites or services may
be subject to that third-party’s terms and conditions.
3. COMPLIANCE WITH LAWS
3.1. Prohibited Countries. You acknowledge that various rules, regulations and laws addressing
sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in
Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual, country, territory, or
jurisdiction. Therefore, the Software DOES NOT permit Cash Competitions (as defined in section 8.3) to
be offered to users participating in Competitions in any jurisdiction in which such Competition violates
its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then
you may not participate in Cash Competitions. It is your responsibility to determine whether the
country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. . We reserve
the right (but have no obligation) to monitor the location from which you access Services, and may block
access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you
must accurately confirm the location from which you are playing.
3.2. Additional Laws. In addition to Gaming Laws, you are also subject to all rules and regulations of
the city and country in which you reside and from which you access and use Services (together with
Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable
Laws. Access to Competitions may not be legal for some or all residents of, or persons present in,
certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE
LAWS. Your participation in Competitions is at your own risk, and you agree not to hold us responsible
or liable if Applicable Laws restrict or prohibit your access or participation.
3.3. LEGAL DISCLAIMERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED,
OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
4. YOUR REPRESENTATIONS AND WARRANTIES TO US
You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these
Terms, to register for an Account, and to participate in those Competitions for which you register; and
(2) you will comply with these Terms when participating in Competitions, receiving Services, and/or
using Software; and (3) all information you supply to us is complete, accurate and current (and
knowingly submitting incomplete or inaccurate information, or failing to update and maintain current,
complete and accurate information, may result, without limitation, in immediate termination of your
Account and forfeiture of Winnings).
5. YOUR INDEMNIFICATION OF US
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and
agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements,
actions, debts or rights of action, losses of whatever kind, and all costs and fees, including
reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of these Terms; (ii)
any use of your Account, the Website, the Software and the Services by any person including yourself;
(iii) your violation of Applicable Laws; and/or (iv) your negligence or misconduct; and, if we instruct
you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel
reasonably acceptable to us.
incorporated into these Terms as if set forth in their entirety, explains the policies put in place and
used by us to protect your privacy as you visit the Website, participate in Competitions, download and
use the Software and receive Services, and its terms are made a part of these Terms by this reference.
We receive, store and use all information that you submit to the Website and all information you submit
it carefully. We also collect anonymous aggregated and/or statistical data reflecting your use of the
Website and Services and may use such data for tracking, reporting and other activities in connection
any personally identifying information about you (including information submitted in creating an
Account, your national identification card number, your email address, phone number, or passport,
information obtained by the Website from cookies, and information regarding your IP address) to third
parties without your consent except (1) where expressly specified in these Terms, (2) where expressly
necessary to comply with Applicable Laws, to enforce these Terms against you, or to help prevent a loss
of life or physical injury or crime.
and push notifications to notify you when you win Competitions, when a Competition you have entered has
completed, and to let you know of special promotions, events and policy changes. We may also communicate
with you via email, text message, push notification or chat for any other purpose relating to Services
or Software. We or our representatives may monitor all communications made by or received by you while
using the Website and Services. If you do not wish to receive these communications from us, you may opt
out by emailing [email protected]
, but you acknowledge that opting out may result in your inability
to participate in our Competitions or receive Services.
6.3. Device Information. Using the Software and Services requires an Internet connection to our servers,
and we may need to collect certain information from you and your Internet-enabled device (“Device”) in
order to make the Software and Services available to you, such as hardware system profile data, internet
connection data and any other data related to the operation of the Service from any Device that logs
6.4. Warning. Please take care in sending us sensitive information because third parties can unlawfully
intercept or access transmissions or private communications between you and us, and you acknowledge that
internet transmissions are never completely private or secure. For your safety, you should never reveal
any sensitive personal information in any GameTribe-enabled public forums, message boards or chat
6.5. Promotional Activities. By registering for an Account, you allow us to publicly display your
username and tournament records, and to use this information for any purpose. By using the Services, you
allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name,
picture, voice, likeness, and/or any biographical information that you submit to us (“Biographical
Information”) for promotional, marketing or related business purposes, without compensation to you.
However, we will never sell your Biographical Information without your prior written consent, and our
6.6. Gameplay Dialogue. We may use third party websites and technologies to record or stream gameplay or
chat dialogue occurring through the Services, including your own dialogue (“Recordings”). We use
Recordings to verify compliance with these Terms and as part of marketing and promotion of the Services.
Please do not submit personally identifiable information in gameplay dialogue—this information is
available for anyone to see and use. You may record and distribute your own recordings of gameplay
dialogue for non-commercial purposes (i.e., you may not record or distribute Recordings for
compensation) so long as your recording and distribution: (a) do not include other products or services
that are competitive with the Services, and (b) comply with these Terms.
6.7. Children. The Services will not knowingly accept personal information from anyone under 18 years
old. If you believe that a child under 18 has gained access to the Services, please contact us at
have taken commercially reasonable steps to restrict use of Services to those
who are at least 18 years old.We do not sell products or services for purchase by minors.
7. ACCEPTABLE USE POLICY
7.1. Rules of Conduct. You are personally responsible for your use of Services and Software, and while
using Services and Software you must conduct yourself in a lawful and respectful manner in accordance
with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or
who abuse email communications, support communications, or the community purpose of any message board
areas, as determined by us in our sole discretion. We reserve the right to disable a player’s ability to
upload profile photos or edit their username at any time. The acceptable use policy is as set out below:
Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such
words, is not permitted.
You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting,
indecent, threatening and harassing language of any kind, as determined by us in our sole discretion.
Service usernames will be displayed as ‘Your Name’; impersonating other players is not allowed.
Do not share personal information (your name, phone number, home address, and password) with other
Do not transmit or upload any copyrighted or trademarked materials in messages or postings.
Information disclosed in chat rooms, message boards, gameplay dialogue or via eMessages is revealed to
the public we are not responsible for information you choose to disclose to others.
Advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages.
You may not attempt to participate in any Service by means of automatic, macro, programmed or similar
You may not commit fraud with regard to any Service.
You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining
cards, passwords, account information etc. (aka “scamming”).
Unique passwords should be used when registering.
You are expected to cooperate with incident investigations where necessary. You may not make any
commercial use of any of the information provided on the Website or through the Services nor make any
use of the Website or Services for the benefit of a business.
7.2. Your Content. You acknowledge that the Service is a passive conduit for user content and that: (i)
we do not pre-screen user content or communications or (ii) control, verify or pay for any user content
or communications. We do not endorse, and specifically disclaim any responsibility or liability for, any
publicly posted content. In addition, we may terminate your access to any public forums at any time,
without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in
whole or in part. You may only upload, send, and receive messages and material that is related to the
subject matter of the public forums, complies with Applicable Laws, and conforms to any additional terms
of service posted in the public forums. You may not upload to, distribute, or otherwise publish any
content, information, or other material that (a) violates or infringes the copyrights, patents,
trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous,
threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal
liability under Kenyan law or any other applicable jurisdiction, international law; or (c) includes any
bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or
opinions expressed by users are that of the individual expressing such submission or opinion only.
Subject to the foregoing we may edit, refuse to post, or to remove any information or materials
submitted, in our discretion. You may not use a false email address, pretend to be someone other than
yourself or otherwise mislead us or third parties as to the origin of your submissions or content.
7.3. Cheating, Fraud, and Abuse. In accessing or participating in Services or using the Software, you
represent and warrant to us that you will not engage in any activity that interrupts or attempts to
interrupt the operation of the Services or Software. Anyone who engages in, participates in or displays
behavior that may be interpreted, in our discretion as unfair methods in participating in Services or
using the Software, including but not limited to, the opening and/or use of multiple accounts (e.g., You
may not have more than one registered account with the same personal information, such as your name,
email address, phone number, mobile device, and payment method) the use of unauthorized or altered
software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor
play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally
losing rematches in Cash Competitions), deliberate transfer of money between accounts (e.g., “money
laundering”), harassment of other participants, posting objectionable material, breach of these Terms,
breach of security of your Account, or any other act (whether through the use of automated technology or
otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud
(collectively, “Abuse”), you will be subject to immediate sanction (as determined by us), which may
include, without limitation: (1) immediate termination of your Account and blocking of your access to
the Website and Services; (2) any Winnings that you may otherwise have been entitled to receive shall be
void and forfeited; and (3) any Winnings received by you shall be subject to disgorgement and/or
recoupment. In addition to the foregoingwe reserve the right to disclose or report any money laundering
similar illegal activity to law enforcement and regulatory authorities. Without limiting our other
available remedies, wemay institute or seek any injunctive relief, civil and/or criminal proceedings
against you and/or any of your co-conspirators arising out of or related to your commission of Abuse,
including without limitation recovering all of our and/or our fees and expenses (including reasonable
attorneys’ fees) in connection with such efforts.
7.4. Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to systems or
any other user’s account, interfere with procedures or performance of Services, Software or the Website
or deliberately damage or undermine the Services or Software is subject to civil and/or criminal
prosecution and will result in immediate termination of your Account and forfeiture of your Winnings.
You acknowledge that we are not responsible for any damage, loss or injury resulting from hacking,
tampering or other unauthorized access or use of the Services or your Account.
7.5. Restrictions. Any use, reproduction or redistribution of the Service, Software, or related products
or services (including without limitation, Digital Assets) not expressly authorized by these Terms is
expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or
impair our property including, without limitation: (a) copying, distributing, transmitting, displaying,
performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating
derivative works from any information, software, products or services obtained from us; (b) providing
unauthorized means through which others may use Services such as through server emulators; (c) taking
actions that impose an unreasonable or disproportionately large load on network infrastructure, or that
could damage, disable, overburden or impair our Websites or Services; (d) interfering with any other
party’s use and enjoyment of Services and/or Software (including cheating) or the Website; and/or (e)
attempting to gain unauthorized access to third party accounts, the Service or Software.
8. WINNINGS, ACCOUNT FUNDS, AND PAYMENTS
8.1. Fees. Fees and payments for Services that you pay to participate in Competitions (“Fees”) and
billing procedures are detailed in the billing application. If Fees are charged to your Account, you
agree to pay those Fees. All Fees are stated in Kenya Shillings, must be prepaid and are non-refundable.
You are fully responsible and liable for all charges, deposits and withdrawals made under your Account,
including any unauthorized charges, deposits or withdrawals. The price of Services may change at any
time, but no price change will affect your past purchases.
8.2. Billing. We may change Fees and billing procedures by updating the billing application with or
without notice to you. By providing a payment method, you (i) represent that you are authorized to use
the payment method that you provided and that any payment information you provide is true and accurate;
(ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to
charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in
advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. You must
tell us within 120 days after an error first appears on your bill for an investigation of the charge to
occur promptly. After 120 days from the first appearance of the error, we (i) will not be liable for any
losses resulting from the error and (ii) will not be required to correct the error or provide a refund.
If we identify a billing error, it will be corrected within 90 days. You must pay for all reasonable
costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees
and other legal fees and costs.
8.3. Cash Deposits. If you play games integrated in a Competition without depositing Kenya Shillings
into your Wallet for that Competition, then you are a “Non-Cash Player” with respect to such
Competition. However, if you play in a Competition that requires an entry paid in Kenya Shillings (“Cash
Competition”), then you are a “Cash Player”, and if you establish a positive Account balance for entry
fees for Cash Competitions, then you must submit and maintain at all times the following current and
correct information: your full name, your permanent residential address, your phone number and your
credit card or other payment information. Participating in Cash Competitions may require establishing a
positive Account balance in any amount we determine. If you are a Cash Player, by submitting this
information, you consent to allowing us to share your personal and payment information in confidence
with third party service providers for the purposes of validating your identity and assessing the
transaction risk associated with accepting your selected method of payment, and for any other purpose as
submitted to the issuing bank of at least to your credit limit, even if the actual amount charged may be
lower. When you withdraw funds from your account, you may be required to submit your national
identification number or other identifying information. Failure to provide your social security number
or other requested identifying information at that time may result in inability to process your
withdrawal for any winnings.
8.4. Bonus Funds. If you are a Cash Player then you may be granted bonus funds and/or credits (“Bonus
Funds”). Bonus Funds can be used to enter Cash Competitions, but cannot be withdrawn or used for any
other Service. When you enter a Cash Competition, of Bonus Funds will be used to enter the competition
for every spent on the Cash Competition entry fee. Notwithstanding the foregoing, additional Bonus Funds
will be used to enter Cash Competitions if Bonus Funds are the only currency available in your account.
When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be
returned to you and any additional winnings beyond your entry fee will be paid in Kenya Shillings. If
you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently in your
Account. If you do not enter a Cash Competition within a continuous 60 day time period, all Bonus Funds
in your account will be forfeited.
8.5. Withdrawals. If you are a Cash Player, you may request a withdrawal of funds from your available
Account balance at any time. Digital Assets and Bonus Funds cannot be withdrawn. Processing of requested
funds is made by check or by refund to the payment method used to make your deposit and may take up to
ninety (90) days; provided, however, that we may freeze your Account and/or delay a request for
withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification
of eligibility or to comply with Applicable Laws. A withdrawal fee will be charged when making any
withdrawals from your Account.
8.6. Closing Accounts; Forfeiture of Funds. If you close your Account, funds in your Account will be
returned subject to the terms of Section 8.5. If your Account is unilaterally closed or terminated for
cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your
funds are forfeited by you in accordance with this Section or Sections 2.1, 4, 7.3, 7.4, 7.5 or 8.9
hereof, these funds may be used to defray the costs of administration and enforcement of these Terms,
allocated or disbursed such amounts to other Services or donated these funds.
8.7. Refund Policy. Unless otherwise required by law, no refunds are given.
8.8. Winnings. If you are eligible to receive Winnings, we may require that you provide proof that you
are, or were at the time of your participation in the subject Competition, eligible to participate in
accordance with these Terms and that your participation was in accordance with these Terms. If you do
not provide such proof to our reasonable satisfaction, then you will not receive the relevant Winnings.
If you receive a payment in error, we may reverse or require return of the payment. You agree to
cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for
any previous overpayment.
8.9. Credit Card/ Use of Other Payment Methods. When you pay for any charges by credit card, you
represent to us that you are the authorized user of such credit card. You must promptly notify us of any
changes to your credit card account number, its expiration date and/or your billing address, or if your
credit card expires or is canceled for any reason. We are not liable for any loss caused by any
unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in
connection with the Services. Any attempt to defraud through the use of credit cards or other methods of
payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for
payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of
civil litigation and/or criminal prosecution.
8.10. Taxes. We may withhold from your existing Account balance and/or from future Winnings any amount
required to be withheld by Applicable Laws, including amounts due in connection with payment of any
applicable taxes, but you remain solely responsible for paying all taxes in accordance with all
9. COPYRIGHT COMPLAINTS
The Copyright Act, 2001 provides copyright owners who believe that their rights under the Kenyan
copyright law have been infringed by acts of third parties over the Internet with ways to protect their
rights. If you believe that your copyrighted work has been copied without your authorization and is
available in the Services in a way that may constitute copyright infringement, you can provide notice of
your claim to [email protected]
. For your notice to be effective, it must include the following
A physical or electronic signature of a person authorized to act on behalf of the owner of the
intellectual property right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located in this game; Information
reasonably sufficient to permit us to contact the complaining party, such as address, telephone number,
and, if available, an e-mail address at which the complaining party can be contacted;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly
10. PROPRIETARY RIGHTS
10.1. Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted,
royalty-free license to use, copy, modify, distribute, publish, perform, transmit and display any and
all communications, materials, content and information that you submit to us whether directly or through
the Website, Services or Software (“Content”), and waive any moral rights you may have in Content.
Subject to these Terms, any communication or material you transmit to us, including any data, questions,
comments, suggestions or the like, will be treated by us as non-confidential and non-proprietary.
Subject to these Terms, we may use Content for any purpose, without any compensation, accounting or
other liability or obligation to you. If you use or share Content in a way that infringes others’
copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching these
Terms. You represent and warrant to us that for the duration of these Terms you have (and will have) all
the rights necessary for the Content you upload or share on the services and that the use of the
Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is
cancelled or terminated, we may permanently delete your Content from our servers and we have no
obligation to return Content to you.
10.2. Software License. Subject to these Terms, we grant to you a personal, nonexclusive, limited,
non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software, in
object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and
using the Services in accordance with these Terms, and solely for so long as your Account is open. You
acknowledge that you are receiving licensed rights only. You may not network the Software among devices.
You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer,
decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist
others to create the source code of the Software or its structural framework; (ii) create derivative
works of the Software; (iii) use the Software in whole or in part for any purpose except as expressly
provided herein; or (iv) disable or circumvent any access control or related device, process or
procedure established with respect to the Software. You acknowledge that you have access to sufficient
information such that you do not need to reverse engineer the Software in any way to permit other
products or information to interoperate with the Software. You are responsible for all use of the
Software that is under your possession or control.
10.3. Digital Assets. Some Services and Software may allow you to create digital objects, such as
avatars. Such digital objects, in addition to any digital or virtual objects or assets we assign to your
Account, such as “Z”, virtual trophies or virtual goods, are collectively referred to as “Digital
Assets”. You acknowledge that because all Digital Assets are created through the Software and/or
Services, we solely and exclusively own all Digital Assets. To the extent we do not automatically own
any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all
right, title and interest in and to any such Digital Assets, including, without limitation, all
copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary
and intellectual property rights throughout the world. If you have any rights to Digital Assets that
cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and
irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive,
irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of,
distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such
Digital Assets, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any
product or service based on, embodying, incorporating or derived from Digital Assets, and (c) to
exercise any and all other present or future rights not yet known in Digital Assets. Subject to these
Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes
and in furtherance of your use of Services.
10.4. Ownership. All content of the Website, all GameTribe products and services, all GameTribe logos,
symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, all Digital
Assets and those portions of the Software and Services which are property of GameTribe as well as all
derivative works or modifications of any of the foregoing, and all related and underlying intellectual
property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole
and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set
forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any
intellectual property rights and your use of Services and/or Software does not convey or imply the right
to use the Services or Software in combination with any other information or products.
11. TERM AND TERMINATION
These Terms apply to you and to us from the date that you accept them as provided above, until
termination of your Account (whether by deactivation, cancellation, closure, expiration or termination
by you or us). You may terminate these Terms at any time and for any reason by going to your Account
webpage and following the account closure process. Upon termination of your Account, you must
immediately discontinue use of the Services and the Software and your Account and promptly uninstall and
delete all copies of the Software. Immediately upon termination of your Account, all license and rights
granted to you under these Terms automatically terminate and you shall automatically forfeit the right
to use Digital Assets. Your obligation to pay accrued Fees will survive any termination of these Terms.
Any and all terms and conditions within these Terms which should, by their nature, survive termination
of these Terms, will survive such termination (including without limitation Sections 3.3, 4, 5, 6, 8.6,
8.7, 8.9, 8.10, 10.3 and 12 through 15 (inclusive).
We strive to keep Services up and running; however, all online services suffer occasional disruptions
and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result.
You should regularly backup content that you store on the Services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA
PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS AND SOFTWARE) ARE “AS IS”
AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE
ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR
ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR
ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT,
TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.
We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising
out of (1) use, access or attempted use or access of Services, Digital Assets, the Software or the
Website; (2) downloading any information from the Software, Services or Website; and/or (3) violations
of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any
Some jurisdictions do not allow the disclaimer of implied warranties; as such the foregoing disclaimer
may not apply to you in its entirety.
13. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF
OR RELATING TO THESE TERMS, THE WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE
AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE,
EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN
ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED KENYA SHILLINGS 5000. THE EXISTENCE OF ONE OR MORE
CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY
LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain
other types of damages; as such, the limitations and exclusions set forth in this Section may not apply
14. DISPUTE RESOLUTION AND ARBITRATION
14.1. General. This Section applies to any Dispute except for Disputes relating to the enforcement or
validity of our intellectual property rights. The term “Dispute” means any dispute, action or other
controversy between you and us concerning these Terms, the Services or any product, service or
information we make available to you, whether in contract, warranty, tort, statute, regulation,
ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning
allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which
is a written statement that sets forth the name, address and contact information of the party giving it,
the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by
Mail to P.O BOX 13412-00800 addressed to GAME TRIBE AFRICA LTD. We will send any Notice of Dispute to
you by Mail to your address if we have it, or otherwise to your email address. You and we will attempt
to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of
Dispute is sent. After sixty (60) days, either you or we may commence arbitration.
14.2. Binding arbitration. If you and we do not resolve any Dispute by informal negotiation or in small
claims court, any other effort to resolve the Dispute will be conducted exclusively by binding
arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral
arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the
14.3. Class action waiver. To the maximum extent permitted under applicable law, any proceedings to
resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither
you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which
either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be
combined with another without the prior written consent of all parties to all affected arbitrations or
proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a
Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court
of law, with the remaining parts proceeding in arbitration.
14.4. Arbitration procedure. If you are located within Kenya, then any Arbitration will be conducted in
accordance with the Arbitration Act and its respective Arbitration Rules. If you are located in a
country other than Kenya, then arbitration will be conducted by the International Court of Arbitration
of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be
conducted in English and the English version of these Terms (and not any translation) shall control, and
both parties hereby agree to accord this arbitration agreement the broadest scope admissible under
applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award
the same damages to you individually as a court could. The arbitrator may award declaratory or
injunctive relief only to you individually, and only to the extent required to satisfy your individual
claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The
arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages,
such as for emotional distress, or pain and suffering or punitive or indirect, incidental or
consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out
of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator; however, the
arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs
(including, for example, expert witness fees and travel expenses), and/or the fees and costs of the
arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall
issue a written award and a written statement of decision describing the material factual findings and
conclusions on which the award is based, including the calculation of any damages awarded. Judgment on
the award may be entered by any court of competent jurisdiction. The parties waive their right to
commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes
of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral
tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting
any type of conservative or interim measure in connection with the dispute prior to the constitution of
the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting
that any information and/or documentation discovery be complied with. By agreeing to this binding
arbitration provision, you understand that you are waiving certain rights and protections which may
otherwise be available if a claim or Dispute were determined by litigation in court, including, without
limitation, the right to seek or obtain certain types of damages precluded by this arbitration
provision, certain rights of appeal, the right bring a claim as a class member in any purported class or
representative proceeding, and the right to invoke formal rules of procedure and evidence.
14.5. Claims or Disputes. Must be filed within one year. To the extent permitted by applicable law, any
claim or Dispute under these Terms must be filed within one year from the date of the cause of action.
If a claim or dispute isn’t filed within one year, it is permanently barred.
14.6. Equitable Relief. You agree that we would be irreparably damaged if these Terms were not
specifically enforced. Therefore, in addition to any other remedy we may have at law, and
notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or
proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms
in any court of competent jurisdiction.
14.7 Language of the Terms: If we provide a translated version of these Terms, the User Terms of
Service, the Developer Terms and Conditions of Service, the Affiliate Program Terms of Service, the
translated version means something different than the English version, then the English meaning will be
the one that applies.
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof
and supersede all prior or other arrangements, understandings, negotiations and discussions, whether
oral or written. These Terms cannot be modified by you, and may only be modified by us as provided
above. Our failure to require or enforce strict performance by you of any provision of these Terms or to
exercise any right under them shall not be construed as a waiver or relinquishment of our right to
assert or rely upon any such provision or right in that or any other instance. The provisions of these
Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid
or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to
such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability
without affecting the validity or enforceability thereof in any other manner or jurisdiction and without
affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
Section titles in these Terms are for reference only and have no legal effect. No right or remedy of
ours shall be exclusive of any other, whether at law or in equity, including without limitation damages,
injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, at any
time without notice to you. You may not assign these Terms or transfer any rights to use the Services or
Software. You consent to our providing you notifications about the Services or information the law
requires us to provide via email to the address that you specified when you created your Account.
Notices emailed to you will be deemed given and received when the email is sent. If you do not consent
to receive notices electronically, you must close your Account. These Terms are solely for your and our
benefit, and not for the benefit of any other person, except for our successors and assigns.
A printed version of these Terms and of any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating to these Terms to the same extent and
subject to the same conditions as other business documents and records originally generated and
maintained in printed form.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: