You must read carefully these\nTerms of Use and you are encouraged to keep a copy of them.<\/p>\n\n\n\n
GameBus is a platform that\nencourages and rewards families and friends to stay active socially, mentally\nand physically in a personalized gaming experience GameBus is currently in\npublic Beta and brought to the market by Eindhoven University of Technology.<\/p>\n\n\n\n
This article defines the\nterminologies to be used throughout the Terms and Conditions:<\/p>\n\n\n\n
The Service Provider<\/em>: The Information Systems group of the School\nof Industrial Engineering from Eindhoven University of Technology, a scientific\nand technological public body is The Service Provider and the owner of the\n`GameBus’ application described hereinafter.<\/p>\n\n\n\n The Application<\/em>: The Application refers to the GameBus mobile\napplication, described above, created, edited and hosted by the Service\nProvider. You will receive the Application via Google Play, the Apple App Store\nor via a web browser, having accepted these Terms of Use. You are also expected\nto follow status updates via https:\/\/blog.gamebus.eu\/<\/a>.\nYou are informed that this Application requires a mobile device running Android\n4.4 (or up), iOS 9.0 (or up) or a web browser with capabilities comparable to\nGoogle Chrome 75[C1]<\/a> \n(or up).<\/p>\n\n\n\n The Site<\/em>: The term `Site’ shall refer to\n(1) the promotion websites of GameBus (i.e., https:\/\/blog.gamebus.eu\/<\/a>[C2]<\/a> ),\n(2) the GameBus social media pages owned by the service provider (e.g., http:\/\/facebook.com\/GameBusApp<\/a> and https:\/\/twitter.com\/gamebusapp<\/a>).<\/p>\n\n\n\n GameBus Content<\/em>: \u201cGameBus Content\u201d refers to the content in the\napplication generated by the Service Provider, including but limiting to, text, graphics, logos, names,\ndesignations, button icons, features, functionalities, images, information,\ndata, photographs, graphs, graphics, sounds, and other material and software.<\/p>\n\n\n\n The User<\/em>: A GameBus User (also referred to as \u201cyou\u201d) means any user\nwho: (1) is of legal age and has capacity to contract, or, in case of minors,\nhas the permission of its legal representative; (2) is registered with the\nApplication; (3) accepts these General Terms of Use.<\/p>\n\n\n\n User Material<\/em>: \u201cUser Material\u201d refers to the content generated by\nthe User, including but not limiting to, your activity registrations, challenge participations,\nuploaded images and chat messages.<\/p>\n\n\n\n The Terms<\/em>: The Terms refer to the provisions in this document,\npublished by the Service Provider, which define the conditions governing use of\nthe Application.<\/p>\n\n\n\n The language in those Terms of\nUse is the English language only due to the international provenance of the\nusers of the Application<\/p>\n\n\n\n By accepting these terms of use,\nyou agree to be a User of the Application. Your access to and use of the\nApplication is conditioned on your acceptance of and compliance with these\nTerms. By accessing or using the Application you agree to be bound by these\nTerms. Before any use of the Application, you must ascertain that you hold the\nnecessary rights and means to use such Application, according to the\nregulations stipulated in this document and according to your local\nlegislation.<\/p>\n\n\n\n GameBus users have to use a\nvalid e-mail address when creating an account, such that messages from the\nService Provider to the user can also be delivered outside of the app. The Site\nAdministrator can exclude without notice any GameBus User who does not comply\nwith these General Terms of Use, without prejudice to any legal action that may\nalso be taken. When you register, you agree: <\/p>\n\n\n\n This list is not exhaustive.<\/p>\n\n\n\n In general, you expressly agree\nto only use the services and functionalities of the Site and the Application\nfor the purpose of appropriate communications, in the interest of the community\nof GameBus Users. As a GameBus User, you accept sole liability for Your Content\n(words and images, comments and personal pages) that you may place online on\nthe Site and\/or the Application.<\/p>\n\n\n\n You will be responsible for the\npayment of any charges made by your Internet operator or any third-party\nsubject to the use of the Application.<\/p>\n\n\n\n If you decide to sell or donate\nyour mobile phone to a third party, you commit to previously uninstall the\nGameBus Application and requesting the Service Provider to deactivate your\nGameBus account. If you decide to change your email-address you agree to update\nyour GameBus account information within 48 hours.<\/p>\n\n\n\n By submitting User Material to\nGameBus, you warrant and represent that you hold the copyright, trademark\nand\/or other intellectual property rights to the User Material you upload to\nGameBus. You explicitly grant GameBus a non-exclusive,\ntransferable, sub-licensable, royalty-free, worldwide license <\/a>[C3]<\/a> to\nuse User Material to the extent necessary for GameBus to operate and maintain\nthe Service. This license shall remain valid until the respective User Material\nis deleted from the Service by you or by GameBus in accordance with these\nTerms. You also authorize the Service Provider to reproduce\/display your\ncontent and, as necessary, adjust its format for that purpose. <\/p>\n\n\n\n You also agree to allow other\nusers of the Application free of charge and for personal use only, to view and\ntransmit your content on or through the Application, on other electronic\ncommunication media or technology, for the entire period in which your content\nis hosted on the Application.<\/p>\n\n\n\n Other users of the Application\ncan provide other content subject to the Terms set forth on the Application.\nYou may access another users’ content solely: <\/p>\n\n\n\n You acknowledge and accept that\nthe Information Systems group of the School of Industrial Engineering at\nEindhoven University of Technology holds all exclusive property rights\npertaining to the Application, except for User Material defined in 4.1. As a\ngeneral matter, the Service Provider grants you a time-bound, personal,\nnon-exclusive and non-transferable right to access and use the Application.\nThis right is conditioned on your compliance with the Terms. All other rights\nare expressly excluded without prior written consent by the Service Provider.\nThe Content included on or accessible through the Application is the exclusive\nproperty of the Service Provider, limited to rights granted by any third party,\nand is protected by copyrights, trademarks, trade secrets, or other proprietary\nrights and is subject to applicable laws and regulations. Content may not be\ndownloaded, copied, reproduced, distributed, transmitted, displayed, sold,\nlicensed, or otherwise exploited for any other purpose whatsoever without the\nprior written consent of the Service Provider. You agree not to use or exploit\nthe Content in any manner inconsistent with any of the rights granted or\nrestrictions set forth herein. You are not allowed to modify, enhance, edit,\ntranslate, adapt, reverse engineer, decompile, disassemble, or create\nderivative works based upon or otherwise alter in part or in full any GameBus\nContent. All rights not expressly granted in the Terms are reserved to the\nService Provider. As an exception to the above restrictions, screenshots of the\nApp are allowed to be made for the purpose of: <\/p>\n\n\n\n It is forbidden to post or share\ncontent with nudity or graphic violence to a team which may include members\nother than mature adults. The Site Administrator is not subject to any\nobligation to check the content placed on the Site or in the Application by its\nGameBus Users (even if those users commit unlawful activities). Since there is\nno pro-active blocking of inappropriate content, any inappropriate content\nshould be reported to support@gamebus.eu<\/a>.\nInappropriate content will then be removed as soon as possible, but there are no\nguarantees on timeliness. The Site Administrator also reserves the right to\nremove, delete or withdraw from its Site and its Application any content,\nmessage, wording or image without notice and for any reason whatever.<\/p>\n\n\n\n The Site and the Application may\ncontain hypertext links to third party sites that are not published or\ncontrolled by the Site Administrator and for which the latter accepts no\nliability in the event that the content of such sites infringes any applicable\nlegal or regulatory provisions. The Site Administrator has no control over and\naccepts no liability with regard to any interaction between you and any\nwebsites to which you may be directed from the Site or the Application. You\nremain wholly responsible for any such interactions. Any contracts and\/or\ncommercial agreements that may arise between you and any third-party site are\nwholly independent of the Site Administrator and are agreed directly between\nyou and any third party.<\/p>\n\n\n\n We suggest that you obtain the\nGeneral Terms and Conditions of Use and of Sale for services from the third-party\nsite to which you have been directed.<\/p>\n\n\n\n GameBus publishes a separate Privacy Policy\u00a0that is in accordance with the most up-to-date data regulations, such as the EU General Data Protection Regulation (GDPR). Besides the general privacy policy of GameBus, extended privacy policies relating to data collections in specific research projects are published on https:\/\/blog.gamebus.eu\/?page_id=1066<\/a>. Security regarding your personal data stored and processed by GameBus can also be found in Article 6 in the general Privacy Policy. By accepting the GameBus Terms and Conditions, you confirm that you have read the privacy policies and are fully knowledgeable about what data GameBus collects, what the purposes are, how the data would be processed and retained, and your rights regarding to your personal data. <\/p>\n\n\n\n Generally, as the Application has been built mainly for\nresearch purpose, the Service Provider makes no representation and\nwarranty regarding the use of the Application. The Site, its content and the\nApplication are supplied on an `as are’ and `as available’ basis, so the Site\nAdministrator cannot guarantee\nand confirm: – that the Site or the Application are free of bugs, errors,\nviruses, data deletion programs, Trojans or other destructive elements; – That\nthe information contained on the Site and in the Application is accurate,\ncomplete or up-to-date. The Site and the Application may contain technical\ninaccuracies or other defects and the Site Administrator cannot\nguarantee to correct these defects. The Site Administrator expressly excludes\nany guarantee of any type, explicit or implicit, and in particular, without\nthis list being exhaustive, any implicit guarantees of conformity or\nsuitability of the<\/p>\n\n\n\n Site and the Application, or of\nthe content of such, for standard use or specific use, nor any implicit\nguarantee relating to their quality nor any implicit guarantee that they do not\nconstitute any infringements or breaches of any provisions of whatever nature.\nConsequently, the Service Provider shall in no case be considered responsible\nof the reliability of data transmission, of access time, possible restrictions\non the Application or of its connected networks.<\/p>\n\n\n\n GameBus Users should note that\nthe Service Provider is subject only to a \u201cbasic efforts obligation\u201d. The\nService Provider is not under any obligation to guarantee performance the\nApplication. <\/p>\n\n\n\n The Service Provider is under no\nlegal obligation to monitor content transmitted via or stored on the\nApplication. His only obligations as host concern (i) the fight against certain\ncontent in accordance with the law, (ii) the retention of your connection data,\nwhich is subject to an obligation of confidentiality and treated in compliance\nwith the laws and regulations relating to Personal Data (article 6 above, and see our Privacy Policy), and (iii) the\nremoval of all clearly illegal content which has been effectively brought to\nhis attention (article 5 above). In no case, the Service Provider shall be\nresponsible, with regard to you or any third party, of indirect, collateral,\nspecial or incidental damages including but not limited to any commercial,\nmoral or financial prejudice, comprising any loss of profit, having its origin\nor cause in the use of the Application, or from your inability to use such,\neven if the Site Administrator has been notified of the possibility of such\ndamage.<\/p>\n\n\n\n The Service Provider makes no warranties whatsoever regarding\nthe use of the Application. In this regard, it is specified that the Service\nProvider makes no express or implied warranty regarding the use of the\nApplication by the user including but not limited to availability, usefulness,\nreliability, appropriate or present nature of the Application. In addition, the\nService Provider makes no representation and warranties to the user that any of\nhis experimentations and\/or results obtained with the use of the Application\nshall respond to any of his attempts and\/or needs.<\/p>\n\n\n\n GameBus is not a medical product\nor service and it should not be used in any case for clinical prevention,\ndiagnosis, or treatment. The purpose of the Application is solely to motivate\nthe User to set up, comply with, and track lifestyle-related goals, in a way\nthat is socially engaging. We cannot guarantee that the success of goal-pursuit\nthrough the use of the Application, not can we ensure any health, weight,\nand\/or fitness results or improvements. You are responsible for your own\nhealth. We advise you to consult your doctor or other health specialist before\nyou pursuit any goals or participate in any challenges through the Application,\nin case you have any doubt. The Application is only intended for healthy\nadults, so in the cases of medical complaints or conditions, please contact\nyour doctor. In some cases, health educational information is provided by\nGameBus or through third-party applications, but we do not guarantee that the\ninformation provided is accurate, reliant, complete, and up to date. The Service\nProvider is not responsible for any personal injury or any other damages that\nmay have been the result, direct or indirect, of any use or misuse of the Application.<\/p>\n\n\n\n These General Terms of Use are\ngoverned and construed in accordance with the laws of The Netherlands without\nallowing for the principles of conflicts law. In the event of a dispute, the\nCourts of The Netherlands shall have exclusive jurisdiction and you hereby\naccept this exclusive jurisdiction. The Site Administrator reserves the right\nto request and obtain any injunctions or court orders to protect its rights\nunder these Terms.<\/p>\n\n\n\n You agree that your data will be\ntransferred to and processed in Eindhoven, The Netherlands as well as: <\/p>\n\n\n\n You can cancel your GameBus account\nat any time and without any requirement to provide reasons for such by following\nthe instructions in Section 8.3 of the Privacy Policy<\/a>. <\/p>\n\n\n\n When necessary, changes can be\nmade to this Terms and Conditions. Therefore, we reserve the right to modify\nthe Terms at any time by noticing you the updates. Please check the latest\nversion of the Terms and Conditions on https:\/\/blog.gamebus.eu\/?page_id=1066<\/a>.\nSometimes when major changes are made, you will be prompted to review the\nupdated Terms and Conditions when you open the GameBus application, and only\nafter your acceptance of the updated version, you are allowed to continue using\nthe services. The version number and the date of the latest update can be found\nat the bottom of this page. <\/p>\n\n\n\n Company name<\/em>: Eindhoven University of Technology<\/p>\n\n\n\n <\/p>\n\n\n\n Corporate identity no:<\/em> 51278871<\/a> <\/p>\n\n\n\n <\/p>\n\n\n\n Address<\/em>: Groene Loper 3, 5612AE Eindhoven, The Netherlands<\/p>\n\n\n\n <\/p>\n\n\n\n3. Language<\/h1>\n\n\n\n
4. Acceptance procedure<\/h1>\n\n\n\n
5. Obligations as GameBus users<\/h1>\n\n\n\n
4. Intellectual property<\/h1>\n\n\n\n
4.1 User Material<\/h2>\n\n\n\n
4.2 Other users’ intellectual\nproperty rights<\/h2>\n\n\n\n
4.3 The Service Provider’s\nintellectual property rights<\/h2>\n\n\n\n
5. Content Rating and Content\nPolicies<\/h1>\n\n\n\n
6. Privacy and security<\/h1>\n\n\n\n
7. Responsibility \/ Warranties<\/h1>\n\n\n\n
7.1 Non-guarantee<\/h2>\n\n\n\n
7.2 Limitation of liability<\/h2>\n\n\n\n
7.3 Health and nutrition information<\/h2>\n\n\n\n
8. Applicable Law & Jurisdiction<\/h1>\n\n\n\n
8.1 Applicable law – Disputes<\/h2>\n\n\n\n
8.2 Specific conditions related to\nthe GameBus infrastructure location<\/h2>\n\n\n\n
9. Account cancellation<\/h1>\n\n\n\n
10. Update of this document<\/h1>\n\n\n\n
11. Contact details<\/h1>\n\n\n\n