OUTLINE
  1. Ownership of Site & Agreement to Terms of Use
  2. Service updates
  3. Your Use of the Site
  4. Proprietary Rights
  5. Your relationship with GameX
  6. License from GameX
  7. Ability to Accept Terms of Service
  8. Provision of the Services by GameX
  9. Service updates
  10. Your Use of the Site
  11. Your Use of Content on the Site
  12. User Submissions and Conduct
  13. Content license from you
  14. Accounts, Passwords and Security
  15. Other uses of information
  16. Purchases & Other Terms of Use
  17. Ending your relationship with GameX
  18. Links to Other Sites and to the GameX Site
  19. Advertisements
  20. Disclaimers
  21. Limitation of Liability
  22. Violation of These Terms of Use
  23. Changes to the Terms
  24. Governing Law; Dispute Resolution
  25. Void Where Prohibited
  26. Miscellaneous
  27. Feedback and Information
Ownership of Site & Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the GameX website located at www.GameX.ph, and all associated sites linked to www.GameX.ph (collectively, including all content and functionality available through the GameX.ph domain name, the "GameX Website", "Website" or Services). It is important that you take the time to read them carefully. The Terms of Use, together form a legally binding agreement between you and GameX in relation to your use of the Services.BY USING and/or VISITING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE GameX WEBSITE. GameX reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, GameX grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.



Proprietary Rights

GameX owns and retains all proprietary rights in the Web Site. The Web site contains copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of GameX, and its licensors. You acknowledge and agree that all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, games, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to GameX, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You further acknowledge that the Services may contain information which is designated confidential by GameX and that you shall not disclose such information without GameX’s prior written consent. Content on the Website is provided to you AS IS for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without GameX’s express prior written consent. Unless you have agreed otherwise in writing with GameX, nothing in the Terms of Use gives you a right to use any of GameX‘s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You may use information on GameX products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by GameX for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.



Your relationship with GameX

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between GameX and any user of the website (www.GameX.ph).



License from GameX

GameX gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GameX, in the manner permitted by the Terms of Use. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GameX, in writing. Unless GameX has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service. GameX grants you a limited, revocable, and non-exclusive license to access and make personal use of the Web Site.



Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the GameX Website is not intended for children under 13. If you are under 13 years of age without parental consent, then please do not use the GameX Website. Talk to your parents about what sites are appropriate for you. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter and to abide by all of the terms and conditions of this Terms of Use.



Provision of the Services by GameX

GameX is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which GameX provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that GameX may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GameX’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GameX when you stop using the Services. You acknowledge and agree that if GameX disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while GameX may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by GameX at any time, at GameX’s discretion. GameX reserves the right to charge any fees (including applicable taxes) for use of GameX and may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and GameX makes no commitment to update the materials on the Site with respect to such products and services.



Service updates

The Service which you use may automatically download and install updates from time to time from GameX. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new modules, additional security features and completely new versions. You agree to receive such updates (and permit GameX to deliver these to you) as part of your use of the Services.



Your Use of the Site

You agree not to alter or modify any part of the Website. You agree that you will not incorporate any word in your name, Message ID or custom user-inputted information that is defamatory, obscene or profane, or which violates any trademark, service mark, or other proprietary/intellectual property rights of any third party, including, without limitation, that of GameX.


You agree not to use the Website for any commercial and FREE piracy use, without the prior written authorization of GameX. Prohibited commercial uses include any of the following actions taken without GameX’s express approval:
  • Sale and freely giving of access to the Website or/and its related services and contents
  • use of the Website or/and its related services and contents for the primary purpose of, but not limited to, gaining from advertising, collecting subscriber profile bank, and earning from subscription revenue;
  • and any use of the Website or its related services that GameX finds, in its sole discretion, to use GameX’s resources or User Submissions with the effect of competing with or displacing the market for GameX, GameX content, or its User Submissions.

Prohibited commercial uses do not include:
  • uploading an original content to GameX, or maintaining an original channel on GameX, to promote your business or artistic enterprise;
  • using the Embeddable Player to show GameX content on an ad-enabled blog or website, provided the mobile ads attached and within the contents will remain and primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with GameX;
  • any use that GameX expressly authorizes in writing.

GameX reserves the right to discontinue any aspect of the GameX Website at any time.

You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Smart Communications Inc. reserves the right to bar any such activity.

You agree not to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any GameX server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other legitimate or illegitimate means.

You agree not to probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of GameX, including any GameX account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or GameX’s systems or networks, or any systems or networks connected to the Site or to GameX’s.

You agree not to use any device, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GameX on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You agree not to use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of GameX or others.

Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the GameX Website.

You may access User Submissions for your information and personal use solely as intended through the provided functionality of the GameX Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by GameX on the GameX Website for that User Submission.

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the GameX Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the GameX Website or otherwise as prohibited under this Agreement.

You may access GameX Content, User Submissions and other content only as permitted under this Agreement. GameX reserves all rights not expressly granted in and to the GameX Content and the GameX Website.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the GameX Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GameX Website or the Content therein.

You understand that when using the GameX Website, you will be exposed to User Submissions from a variety of sources, and that GameX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable at your own risk, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GameX with respect thereto, and agree to indemnify and hold GameX, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to GameX (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GameX or by the owners of that Content, in a separate agreement.

User Submissions and Conduct

As a GameX account holder you may submit contents such as "User Comments", “User Profile” and “User Ratings”. User contents are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, GameX does not guarantee any confidentiality with respect to any User Submissions.

You agree that you are solely responsible for (and that GameX has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GameX may suffer) by doing so.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize GameX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GameX all of the license rights granted herein.

GameX acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Use in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with GameX, you agree that you are responsible for protecting and enforcing those rights and that GameX has no obligation to do so on your behalf. GameX is not responsible for the actions of other users regarding the duplication, modification, or any other actions on your user submissions. Unless you have been expressly authorized to do so in writing by GameX, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

You agree not to provide any Content to GameX that infringes any third-party intellectual property or publicity/privacy rights; is knowingly false, and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise violative of any law or regulation; contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and promotes piracy.

You must not upload any material that might be considered illegal or offensive, including but not limited to material of pornographic nature, nudity, sexual material, gruesome, images/movies of death or abuse, spam, unauthorized copyrighted content, material that has the effect of being interpreted as racist, sexist or inciting hate.

GameX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GameX expressly disclaims any and all liability in connection with User Submissions. GameX does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GameX will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. GameX reserves the right to remove Content and User Submissions without prior notice.

GameX is not responsible for any and all User Submissions. GameX does not attempt to control or validate any comments or recommendations provided by the participants and is not responsible for any inaccuracies in these User Submissions. Therefore, you bear the risk associated with, the accuracy, completeness or usefulness of the User Submissions.

Information contained in GameX, including but not limited to those relating to law or medicine or other fields, is not intended to substitute for the advice or opinion of your own lawyer or physician or professional adviser. You agree not to rely solely on any of the advise or opinion expressed. Under no circumstances, including but not limited to negligence, shall GameX be liable for any reliance on any such information, nor shall GameX be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or inability to use, the information in GameX.

"Impersonation," or assuming the character of another member by copying his username and manner of writing, is not allowed.

"Flaming," or lashing out at other participants is strictly forbidden. Proper etiquette is required for participation in GameX.ph.

"Spamming," or sending unsolicited electronic junk mail or junk newsgroup postings, in any form, is strictly forbidden.

"Trolling," or posting insulting or deliberately divisive threads/replies for the purpose of (1) harvesting retaliatory insults and flames, or (2) throwing off the balance of the forum, is also disallowed.

Material of a commercial nature is only permitted with our consent.

Please keep in mind that whenever you voluntarily disclose personal information on this Web Site, for example on message boards, through e-mail, or in chat areas - that information can be collected and used by others. In short, by posting personal information on the Web Site that is publicly accessible, you may receive unsolicited messages from other parties in return.

Content license from you

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give GameX a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling GameX to display, distribute and promote the Services and may be revoked for certain Services.

You agree that this license includes a right for GameX to make such Content available to other companies, organizations or individuals with whom GameX has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that GameX, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit GameX to take these actions.

You confirm and warrant to GameX that you have all the rights, power and authority necessary to grant the above license.

Content Filtering

GameX reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

Accounts, Passwords and Security

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details including setting up a GameX ID and password) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GameX will always be accurate, correct and up to date.

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify GameX immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred and damages suffered by GameX or any other user of or visitor to the Site due to someone else using your GameX ID, password or account.

You may not use anyone else’s GameX ID, password or account at any time without permission. GameX cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Accordingly, you agree that you will be solely responsible to GameX for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify GameX immediately at customercare@smart.com.ph.

Although GameX will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GameX or others due to such unauthorized use.

Other uses of information

GameX may use your server information, IP address, and browser-type related information only for the general administration of our Web Site.

Once we obtain your information, it is added to a database used only by GameX. GameX may disclose your information if GameX is required to do so by law or GameX in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our website; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

GameX collects user-submitted account information such as name, mobile number and email address to identify users and send push notifications related to the use of the Web Site and other services of SMART and its partners. GameX also collects user-submitted and SMART network-generated profile information such as gender, age, occupation, location, etc.

With the consent of customers (please see “Advertisements” section) GameX may share profile information and aggregate usage information to advertisers and other third parties in order to present to members more targeted and relevant advertising, offers, products, and services

A special registration form during contests/promos may be used for the purpose of gathering demographic information from the contest/promo participants. This information can be shared with the contest/promo sponsors depending on GameX’s agreement with them.

Purchases & Other Terms of Use

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

GameX’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Ending your relationship with GameX

The Terms of Use will continue to apply until terminated by either you or GameX as set out below.

If you want to terminate your legal agreement with GameX, you may do so by (a) notifying GameX at any time and (b) closing your accounts for all of the Services which you use, where GameX has made this option available to you. Your notice should be sent, in writing, to GameX’s address which is set out at the end of these Terms of Use.

GameX may at any time, terminate its legal agreement with you , without need of notice or approval from you if:
  • (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  • (B) GameX is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • (C) the partner with whom GameX offered the Services to you has terminated its relationship with GameX or ceased to offer the Services to you; or
  • (D) the provision of the Services to you by GameX is, in GameX’s opinion, no longer commercially viable.
Nothing in this Section shall affect GameX’s rights regarding provision of Services.

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and GameX have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

Links to Other Sites and to the GameX Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). Such Linked Sites are not under GameX’s control, and GameX is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

You acknowledge and agree that GameX is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that GameX is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Accordingly, we encourage you to be aware when you leave the GameX Website and to read the terms and conditions and privacy policy of each other website that you visit.

Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by GameX on the Services are subject to change without specific notice to you.

In consideration for GameX granting you access to and use of the Services, you agree that GameX may place such advertising on the Services.

Upon registration, customers shall have an option to receive promos, events, latest services and other relevant services. Customers who opt-in shall be notified via SMS with the instructions to opt-out.

Disclaimers

GAMEX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GAMEX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GAMEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAMEX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GAMEX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GAMEX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF THE GAMEX WEBSITE SHALL BE AT YOUR SOLE RISK.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

GameX reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

IN NO EVENT SHALL GAMEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAMEX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT GAMEX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Violation of These Terms of Use

GameX may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GameX’s rights or property, or the rights or property of visitors to or users of the Site, including GameX’s customers. GameX reserves the right at all times to disclose any information that GameX deems necessary to comply with any applicable law, regulation, legal process or governmental request. GameX also may disclose your information when GameX determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that GameX may preserve any transmittal or communication by you with GameX through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or GameX determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of GameX, its employees, users of or visitors to the Site, and the public.

You agree that GameX may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to GameX, for which monetary damages would be inadequate, and you consent to GameX obtaining any injunctive or equitable relief that GameX deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GameX may have at law or in equity.

You agree that GameX may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If GameX does take any legal action against you as a result of your violation of these Terms of Use, GameX will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GameX. You agree that GameX will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Changes to the Terms

GameX reserves the right to modify these Terms of Use at any time and without prior notice to you. Such modified Terms of Use shall be effective when posted at the www.GameX.ph website.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of the Philippines without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the appropriate courts of Makati City, Philippines, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises otherwise such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between GameX and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

GameX administers and operates the www.GameX.ph/ Site from its location in Makati City, Philippines; other GameX sites may be administered and operated from various locations outside the Republic of the Philippines. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Republic of the Philippines. GameX reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the territory of the Republic of the Philippines, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Republic of the Philippines export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and GameX with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and GameX with respect to such use are hereby superseded and cancelled. GameX will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. GameX failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by GameX of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between GameX and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. GameX shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
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Smart Communications, Inc., Ayala Ave., Makati City, Philippines


Please visit gamex.gamesclub.mobi/html5/ on your mobile phone to enjoy games from GameX. PC web version is under construction and will be available soon.


Please visit gamex.gamesclub.mobi/disney/ on your mobile phone to enjoy games from GameX. PC web version is under construction and will be available soon.


Please visit gamex.gamesclub.mobi on your mobile phone. PC web version is under construction and will be available soon.