1. About GameBus
GameBus is a platform that encourages and rewards families and friends to stay active socially, mentally and physically in a personalized gaming experience GameBus is currently in public Beta and brought to the market by Eindhoven University of Technology.
This article defines the terminologies to be used throughout the Terms and Conditions:
The Service Provider: The Information Systems group of the School of Industrial Engineering from Eindhoven University of Technology, a scientific and technological public body is The Service Provider and the owner of the `GameBus’ application described hereinafter.
The Site: The term `Site’ shall refer to (1) the promotion websites of GameBus (i.e., https://blog.gamebus.eu/[C2] ), (2) the GameBus social media pages owned by the service provider (e.g., http://facebook.com/GameBusApp and https://twitter.com/gamebusapp).
GameBus Content: “GameBus Content” refers to the content in the application generated by the Service Provider, including but limiting to, text, graphics, logos, names, designations, button icons, features, functionalities, images, information, data, photographs, graphs, graphics, sounds, and other material and software.
User Material: “User Material” refers to the content generated by the User, including but not limiting to, your activity registrations, challenge participations, uploaded images and chat messages.
The Terms: The Terms refer to the provisions in this document, published by the Service Provider, which define the conditions governing use of the Application.
4. Acceptance procedure
5. Obligations as GameBus users
- not to use the services and functionalities of the Application for any unlawful or illegal purposes;
- to keep your account details in a safe manner, and not to transfer your account to someone else;
- to inform us immediately when you learn or suspect any unauthorized use of your account;
- never to make attempts for stealing intellectual property rights;
- to accept sole and entire liability for your use of the Site and the Application;
- not to undertake any marketing or other commercial activities (except if they have been explicitly approved contractually by the service provider);
- if you offer services subject to a regulated profession, you must hold all necessary certifications, or professional registration card entitling you to offer the service in the context of the Site and the Application;
- to comply with all applicable legislation and in particular that relating to copyright, privacy and public morality, and the right of personal portrayal;
- not to share others’ personal information, without their approval.
- more specifically you agree not to place online on the Site or in the Application, regardless of the location, any information or comments that could:
- be intended to deceive or mislead third parties;
- interfere in the interests or the private lives of third parties;
- constitute a breach of applicable law or regulations;
- encourage the commission of illegal or unlawful actions or the unlawful or unauthorized exploitation of third-party works protected by copyright;
- intimidate or harass other Internet users;
- promote behavior of an obscene or pornographic nature, that is degrading to human dignity, or, in general, any behavior that is counter to public morality;
- incite racial hatred, fanaticism, segregation in any form as well as any physical or psychological aggression towards a group or an individual;
- be insulting, abusive or defamatory towards an individual, a group, a society or towards the community of GameBus Users or internet users;
- give information enabling Internet users to act contrary to the interests of third parties and/or of the Site and/or the Application;
- enable access to information that is protected by confidential codes; – result in any unauthorized commercial exploitation of the content of the Site and/or the Applications.
- not entitled to assign your rights and/or obligations under these Terms to any third party without prior written consent from the Service Provider. The Service Provider is entitled to assign its rights and/or obligations under these Terms.
This list is not exhaustive.
In general, you expressly agree to only use the services and functionalities of the Site and the Application for the purpose of appropriate communications, in the interest of the community of GameBus Users. As a GameBus User, you accept sole liability for Your Content (words and images, comments and personal pages) that you may place online on the Site and/or the Application.
You will be responsible for the payment of any charges made by your Internet operator or any third-party subject to the use of the Application.
If you decide to sell or donate your mobile phone to a third party, you commit to previously uninstall the GameBus Application and requesting the Service Provider to deactivate your GameBus account. If you decide to change your email-address you agree to update your GameBus account information within 48 hours.
4. Intellectual property
4.1 User Material
By submitting User Material to GameBus, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to the User Material you upload to GameBus. You explicitly grant GameBus a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license [C3] to use User Material to the extent necessary for GameBus to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by GameBus in accordance with these Terms. You also authorize the Service Provider to reproduce/display your content and, as necessary, adjust its format for that purpose.
You also agree to allow other users of the Application free of charge and for personal use only, to view and transmit your content on or through the Application, on other electronic communication media or technology, for the entire period in which your content is hosted on the Application.
4.2 Other users’ intellectual property rights
Other users of the Application can provide other content subject to the Terms set forth on the Application. You may access another users’ content solely:
- for your information and personal use;
- as intended through the normal functionality of the Application; and
- for Streaming solely. “Streaming” means a digital transmission of an audiovisual work via the Internet from GameBus servers to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
4.3 The Service Provider’s intellectual property rights
You acknowledge and accept that the Information Systems group of the School of Industrial Engineering at Eindhoven University of Technology holds all exclusive property rights pertaining to the Application, except for User Material defined in 4.1. As a general matter, the Service Provider grants you a time-bound, personal, non-exclusive and non-transferable right to access and use the Application. This right is conditioned on your compliance with the Terms. All other rights are expressly excluded without prior written consent by the Service Provider. The Content included on or accessible through the Application is the exclusive property of the Service Provider, limited to rights granted by any third party, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. Content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the Service Provider. You agree not to use or exploit the Content in any manner inconsistent with any of the rights granted or restrictions set forth herein. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any GameBus Content. All rights not expressly granted in the Terms are reserved to the Service Provider. As an exception to the above restrictions, screenshots of the App are allowed to be made for the purpose of:
- sharing again the screenshot via the GameBus app (e.g., via Chat), or
- providing direct feedback to the Service Provider (via private mail), or
- marketing the GameBus app positively via the GameBus social media pages on Facebook and Twitter.
5. Content Rating and Content Policies
It is forbidden to post or share content with nudity or graphic violence to a team which may include members other than mature adults. The Site Administrator is not subject to any obligation to check the content placed on the Site or in the Application by its GameBus Users (even if those users commit unlawful activities). Since there is no pro-active blocking of inappropriate content, any inappropriate content should be reported to firstname.lastname@example.org. Inappropriate content will then be removed as soon as possible, but there are no guarantees on timeliness. The Site Administrator also reserves the right to remove, delete or withdraw from its Site and its Application any content, message, wording or image without notice and for any reason whatever.
The Site and the Application may contain hypertext links to third party sites that are not published or controlled by the Site Administrator and for which the latter accepts no liability in the event that the content of such sites infringes any applicable legal or regulatory provisions. The Site Administrator has no control over and accepts no liability with regard to any interaction between you and any websites to which you may be directed from the Site or the Application. You remain wholly responsible for any such interactions. Any contracts and/or commercial agreements that may arise between you and any third-party site are wholly independent of the Site Administrator and are agreed directly between you and any third party.
We suggest that you obtain the General Terms and Conditions of Use and of Sale for services from the third-party site to which you have been directed.
6. Privacy and security
7. Responsibility / Warranties
Generally, as the Application has been built mainly for research purpose, the Service Provider makes no representation and warranty regarding the use of the Application. The Site, its content and the Application are supplied on an `as are’ and `as available’ basis, so the Site Administrator cannot guarantee and confirm: – that the Site or the Application are free of bugs, errors, viruses, data deletion programs, Trojans or other destructive elements; – That the information contained on the Site and in the Application is accurate, complete or up-to-date. The Site and the Application may contain technical inaccuracies or other defects and the Site Administrator cannot guarantee to correct these defects. The Site Administrator expressly excludes any guarantee of any type, explicit or implicit, and in particular, without this list being exhaustive, any implicit guarantees of conformity or suitability of the
Site and the Application, or of the content of such, for standard use or specific use, nor any implicit guarantee relating to their quality nor any implicit guarantee that they do not constitute any infringements or breaches of any provisions of whatever nature. Consequently, the Service Provider shall in no case be considered responsible of the reliability of data transmission, of access time, possible restrictions on the Application or of its connected networks.
7.2 Limitation of liability
GameBus Users should note that the Service Provider is subject only to a “basic efforts obligation”. The Service Provider is not under any obligation to guarantee performance the Application.
The Service Provider makes no warranties whatsoever regarding the use of the Application. In this regard, it is specified that the Service Provider makes no express or implied warranty regarding the use of the Application by the user including but not limited to availability, usefulness, reliability, appropriate or present nature of the Application. In addition, the Service Provider makes no representation and warranties to the user that any of his experimentations and/or results obtained with the use of the Application shall respond to any of his attempts and/or needs.
7.3 Health and nutrition information
GameBus is not a medical product or service and it should not be used in any case for clinical prevention, diagnosis, or treatment. The purpose of the Application is solely to motivate the User to set up, comply with, and track lifestyle-related goals, in a way that is socially engaging. We cannot guarantee that the success of goal-pursuit through the use of the Application, not can we ensure any health, weight, and/or fitness results or improvements. You are responsible for your own health. We advise you to consult your doctor or other health specialist before you pursuit any goals or participate in any challenges through the Application, in case you have any doubt. The Application is only intended for healthy adults, so in the cases of medical complaints or conditions, please contact your doctor. In some cases, health educational information is provided by GameBus or through third-party applications, but we do not guarantee that the information provided is accurate, reliant, complete, and up to date. The Service Provider is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Application.
8. Applicable Law & Jurisdiction
8.1 Applicable law – Disputes
8.2 Specific conditions related to the GameBus infrastructure location
You agree that your data will be transferred to and processed in Eindhoven, The Netherlands as well as:
- Server infrastructure in Germany; and
- Server infrastructure from connected third-party applications.
9. Account cancellation
10. Update of this document
When necessary, changes can be made to this Terms and Conditions. Therefore, we reserve the right to modify the Terms at any time by noticing you the updates. Please check the latest version of the Terms and Conditions on https://blog.gamebus.eu/?page_id=1066. Sometimes when major changes are made, you will be prompted to review the updated Terms and Conditions when you open the GameBus application, and only after your acceptance of the updated version, you are allowed to continue using the services. The version number and the date of the latest update can be found at the bottom of this page.
11. Contact details
Company name: Eindhoven University of Technology
Corporate identity no: 51278871
Address: Groene Loper 3, 5612AE Eindhoven, The Netherlands