Terms And Conditions
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF GAEKON SERVICES ("SERVICES"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.
TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all products you purchase through the website, and that Gaekon may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING GAEKON WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases are billed please visit http://support.gaekon.com/.
Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product.
All sales of products are final.
Prices for products offered via the website may change at any time, and the website do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to purchase, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Gaekon.
Your use of the website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
REQUIREMENTS FOR USE OF THE GAEKON SERVICE
Only persons age 18 years or older can create accounts. Accounts for persons under 18 years old can be created by a parent or legal guardian or by an approved educational institution. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
Use of the Gaekon website requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the website and may be required for certain transactions or features and to download Gaekon Products previously purchased or acquired from the Gaekon website. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Gaekon website is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Gaekon website.
As a registered user of the Gaekon website, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Gaekon of any security breach of your Account. Gaekon shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download Gaekon Products from the Gaekon website, you must enter your Gaekon ID and password to authenticate your Account for transactions. Once you have authenticated your Account using your Gaekon ID and password, you will not need to authenticate again for fifteen minutes on your computer or iOS Device; you can choose to allow your computer or device to remember your password to remain authenticated. During this time, you will be able to purchase and download Gaekon Products without re-entering your password. You can turn off the ability to make Gaekon Product transactions or change settings to require a password for every transaction by adjusting the settings on your computer or iOS Device. For more information, please see http://support.gaekon.com/.
You agree to provide accurate and complete information when you register with, and as you use, the Gaekon website ("Gaekon Registration Data"), and you agree to update your Gaekon Registration Data to keep it accurate and complete. You agree that Gaekon may store and use the Gaekon Registration Data you provide for use in maintaining and billing fees to your Account.
USE OF CONTENT
You agree that the Gaekon website and certain Gaekon Products include security technology that limits your use of Gaekon Products and that, whether or not Gaekon Products are limited by security technology, you shall use Gaekon Products in compliance with the applicable usage rules established by Gaekon and its licensors (“Usage Rules”), and that any other use of the Gaekon Products may constitute a copyright infringement. Any security technology is an inseparable part of the Gaekon Products. Gaekon reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Gaekon for compliance purposes, and Gaekon reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Gaekon website by any means other than through software that is provided by Gaekon for accessing the Gaekon website. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Gaekon website. Violations of system or network security may result in civil or criminal liability.
(i) You shall be authorized to use Gaekon Products only for personal, noncommercial use.
(ii) Gaekon Products do not contain security technology that limits your usage of such products. You may copy and store Gaekon Products as reasonably necessary for personal, noncommercial use.
SUBMISSIONS TO THE GAEKON WEBSITE
The Gaekon website may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Gaekon website accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Gaekon website. You hereby grant Gaekon a worldwide, royalty-free, nonexclusive license to use such materials as part of the Gaekon website or in relation to Gaekon website, without any compensation or obligation to you. Gaekon reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
Gaekon has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Gaekon website, to investigate any reported or apparent violation of this Agreement, and to take any action that Gaekon in its sole discretion deems appropriate, including, without limitation, termination hereunder or under Gaekon’s Copyright Policy (http://www.gaekon.com/legal/copyright.html).
Certain content, Gaekon Products, and services available via the Gaekon website may include materials from third parties. Gaekon may provide links to third-party websites as a convenience to you. You agree that Gaekon is not responsible for examining or evaluating the content or accuracy and Gaekon does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Gaekon is not in any way responsible for any such use by you.
You understand that by using the Gaekon website, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Gaekon website at your sole risk and Gaekon shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Gaekon Product types and descriptions are provided for convenience, and you agree that Gaekon does not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the Gaekon website, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Gaekon website if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the Gaekon website for signs of symptoms.
You agree that the Gaekon website, including but not limited to Gaekon Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Gaekon website, contains proprietary information and material that is owned by Gaekon and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Gaekon website in compliance with this Agreement. No portion of the Gaekon website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Gaekon website in any manner, and you shall not exploit the Gaekon website in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Gaekon and its licensors reserve the right to change, suspend, remove, or disable access to any Gaekon Products, content, or other materials comprising a part of the Gaekon website at any time without notice. In no event will Gaekon be liable for making these changes. Gaekon may also impose limits on the use of or access to certain features or portions of the Gaekon website, in any case and without notice or liability.
All copyrights in and to the Gaekon website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Gaekon and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE GAEKON WEBSITE, EXCEPT FOR USE OF THE GAEKON WEBSITE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Gaekon, the Gaekon logo, Gaekon website, and other Gaekon trademarks, service marks, graphics, and logos used in connection with the Gaekon website are trademarks or registered trademarks of Gaekon Inc. in Malaysia and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Gaekon website may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
As an Account holder of the Gaekon website in good standing, you may be provided with limited access to download certain products stored in the Gaekon Gallery of your Gaekon application. Such access is provided as an accommodation only, and Gaekon does not warrant, and will not have any liability or responsibility for, such products or your use thereof. infringe or violate this Agreement or the rights of any other party, and that Gaekon is not in any way responsible for any such use by you.
If you fail, or Gaekon suspects that you have failed, to comply with any of the provisions of this Agreement, Gaekon, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Gaekon website (or any part thereof).
Gaekon reserves the right to modify, suspend, or discontinue the Gaekon website (or any part or content thereof) at any time with or without notice to you, and Gaekon will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
GAEKON DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GAEKON WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GAEKON MAY REMOVE THE GAEKON WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE GAEKON WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE GAEKON WEBSITE IS AT YOUR SOLE RISK. THE GAEKON WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE GAEKON WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY GAEKON) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL GAEKON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE GAEKON WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE GAEKON WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAEKON WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GAEKON'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
GAEKON SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE GAEKON WEBSITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND GAEKON HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
GAEKON DOES NOT REPRESENT OR GUARANTEE THAT THE GAEKON WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GAEKON DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE PURCHASED ONLY ONCE; AFTER BEING PURCHASED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY GAEKON PRODUCTS PURCHASED, ACQUIRED OR RENTED FROM THE GAEKON WEBSITE.
WAIVER AND INDEMNITY
BY USING THE GAEKON WEBSITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD GAEKON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE GAEKON WEBSITE, OR ANY ACTION TAKEN BY GAEKON AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM GAEKON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE GAEKON WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GAEKON'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Gaekon reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Gaekon website. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Gaekon website will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Gaekon and governs your use of the Gaekon website, superseding any prior agreements between you and Gaekon. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Gaekon's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Gaekon will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Gaekon website is operated by Gaekon from its offices in Indonesia. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Gaekon website. All transactions on the Gaekon website are governed by Malaysia law, without giving effect to its conflict of law provisions. Your use of the Gaekon website may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Gaekon or relating in any way to your use of the Gaekon website resides in the courts in Indonesia. Risk of loss and title for all electronically delivered transactions pass to the purchaser in any country that have no agreement or under specific law upon electronic transmission to the recipient. No Gaekon employee or agent has the authority to vary this Agreement.
Gaekon may notify you with respect to the Gaekon website by sending an email message to your Account email address or by a posting on the Gaekon website. Notices shall become effective immediately.
Gaekon reserves the right to take steps Gaekon believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Gaekon has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Gaekon believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Gaekon's right to cooperate with any legal process relating to your use of the Gaekon website and/or Gaekon Products, and/or a third-party claim that your use of the Gaekon website and/or Gaekon Products is unlawful and/or infringes such third party's rights).
Last Updated: January 5,2017