Terms of service.

End User Licence Agreement

Effective 15 September 2020.

GoGallop Studios Pty Ltd (ABN 639 787 652), of 13/50 Market St, Melbourne VIC 3000 (GoGallop).

GoGallop’s mission is to create a fun and safe on-line mobile gaming equestrian environment for horse lovers all over the world.

By playing the Game, you agree to be bound by these Terms, so please carefully read these Terms of Service and our Privacy Policy before playing the Game.

If you don’t agree to all the Terms, please do not use our Game.

1. ACCOUNT INFORMATION AND SECURITY

So you can play our Game, we may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birthdate and e-mail address. This information will be held and used in accordance with GoGallop’s Privacy Policy. You agree to supply GoGallop with accurate, complete, and up-to-date information, particularly your email address.

Please do not share your Account details with others. Please do not allow others to access or use your Account.

You are responsible for maintaining the security of your Account. We will treat all acts performed through your Account as being performed by you. As a consequence you accept responsibility for all acts done using your Account, whether or not authorised by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Game caused by someone else using your Account.

Please immediately let us know if you become aware of any actual or suspected loss, theft, fraud, or unauthorised use of your Account or Account password.

2. PRIVACY

Our Privacy Policy describes how we collect, store, use, and disclose, and otherwise process your personal information when providing the Game to you, and your rights and choices concerning your information. When you play our Game, you acknowledge that our Privacy Policy applies. If you do not want GoGallop to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use the Game.

3. USING OUR GAME

We are really excited to have you start playing our Game, but there are some limits on who can play our Game.

You may not use our Game if:

  • You cannot enter into a binding contract with GoGallop.

  • You are under 13 years of age (or under 16, if you are located in the European Economic Area (the “EEA”)), in which case you must not create an Account, use the Game, or submit personal information in the Game or to GoGallop (for example, your name, address, telephone number, or email address). This prohibition does not apply if, and only if, the Game has an age-gate that collects age information before allowing a user to proceed and that age-gate allows users who identify themselves as under 13 years of age (or under 16 in the EEA) to use the Game. (in those instances, we will either provide a version of the Game that does not collect, use, or disclose personal information, except where and to the extent permitted by applicable data protection laws, including without limitation the Children’s Online Privacy Protection Act, or obtain legally valid parental consent.)

  • You are a convicted sex offender.

PLEASE NOTE - If you are under the age of 18, or under the age of majority where you are, you are representing to GoGallop that your legal guardian has reviewed and agreed to these Terms on your behalf.

When you the play Game, you must follow the GoGallop Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Game from a social network, such as Facebook, or download the Game from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms. Note, Apple’s and Google’s terms will take precedence over these Terms in the event of any conflict or inconsistency.

Changes to the Game:

Our Game is continuously developing and we may require that you accept updates to the Game as well as to the Terms, Feature Rules, and the GoGallop Privacy Policy. From time to time we may make you update the Game in order for you to continue to use the Game. We may perform these updates remotely, including to that portion of the Game that resides on your mobile device, without notifying you.

GoGallop explicitly reserves the right to stop offering and/or supporting the Game or part of the Game at any time either permanently or temporarily, at which point your right to use the Game or any part of the Game will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, GoGallop is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Game or for Virtual Items previously earned or purchased.

GOGALLOP MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR YOUR ACCESS TO THE GAME OR ANY PORTION OF THE GAME AND THEIR CONTENT. IN SUCH CIRCUMSTANCES GOGALLOP IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY RESULTING LOSSES.

Players located in the EEA, will be given at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your use of the Game under these Terms of Service.

Deleting your Account:

You may stop using the Game at any time and may request that we delete your Account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.

4. OWNERSHIP

The Game consists of works that are owned or licensed by the GoGallop Corporate Family, and they are protected by copyright, trademark and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved.

For the avoidance of doubt, these Terms do not grant you or any other party any right, title, or interest in the Game or any content in the Game.

So long as you continue to adhere to these Terms and any Feature Terms, you may play the Game subject to these Terms, for your own non-commercial, entertainment purposes. You must not to use the Game for any other purpose and agree that GoGallop will have no liability to you for any damage or loss arising from unauthorised uses.

If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your Account. In addition, you may be breaking the law, including breaches or violations of GoGallop’s or other third party’s intellectual property rights.

DISRUPTING OR INTERFERING WITH THE GAME, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE GAME, IS A BREACH OF GOGALLOP POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. IN SUCH CIRCUMSTANCE GOGALLOP RESERVES ALL RIGHTS.

Accounts and Virtual Items:

Regardless of any other statement in these Terms or any Feature Terms that apply to features you may choose to use, you do not own any Account that you create in the Game – your Account is not your property. Likewise, you do not own any Virtual Items that you acquire in the Game, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by GoGallop. GoGallop provides you with a limited license and right to use your Account and the related Virtual Items while we offer the Game.

To avoid retaining data that is no longer needed and/or to improve our services, we may delete or terminate accounts that are inactive (i.e., not logged into) for 180 days.

You are not allowed to transfer Virtual Items outside of the Game (e.g., in the “real world”), for example by selling, gifting, or trading them. We will not recognise those transfers as legitimate. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.

User Content:

In the event that you post, publish, transmit, or upload User Content in the Game, you agree that it will:

  1. Be accurate;

  2. not be confidential;

  3. not violate any law;

  4. not violate any third party’s intellectual property rights;

  5. be free of viruses, adware, spyware, worms, or other malicious code.

Your User Content will be processed by GoGallop in accordance with our Privacy Policy. You are solely responsible for securing and backing up your content.

We have the right to remove any of your User Content if, in our absolute opinion, it does not comply with these Terms or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.

Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you grant GoGallop a perpetual, irrevocable (other than as provided below or in our Privacy Policy), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, display, and perform your User Content and any modified and derivative works thereof in connection with the Game, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content.

GoGallop’s license to your User Content ends when you request deletion of your Account by submitting a request through our Personal Data Request Portal as described in our Privacy Policy, with the following exceptions:

  1. User Content submitted in response to any GoGallop promotion, which will be subject to any Feature Terms or other terms of the promotion; and

  2. User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms.

If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.

5. MONITORING OF THE GAME AND USER CONTENT

Whilst we have no obligation to monitor the Game, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Game or your communications with GoGallop or other players when you are using the Game. For more information, see our Privacy Policy. We may also, at our discretion, choose to edit, refuse to post, or remove any User Content or any other materials that we deem in our sole and absolute discretion to be objectionable. If we determine that your communications or User Content violates these Terms or the Feature Terms, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Game entirely.

For the avoidance of any doubt, we have no obligation to monitor the Game for inappropriate or illegal User Content or the conduct of other players, and we take no responsibility for such conduct.

We also are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. By using the Game, you understand that you may be exposed to conduct that you might find offensive or otherwise objectionable. We do not endorse any User Content posted in the Game, nor do we guarantee its truthfulness, authenticity and/or accuracy.

6. DEALINGS WITH OTHER GAME PLAYERS

As part of Game play, we offer you the opportunity to play with your friends or other matched opponents. To ensure that you always have available opponents at the right skill level, some of these matched opponents may be auto-generated players that look and play like real people.

You are responsible for your interactions with other Game players. If you have a problem with another player, we are not required to get involved, but we can if we desire. If you have a dispute with another player, you release GoGallop and the GoGallop Corporate Family from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA. If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

7. PAYMENT TERMS

We provide a service in the form of access to the Game and Virtual Items. In the Game you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.

You receive a limited license and right to use Virtual Items by visiting the in Game shop and providing billing authorisation through the platform on which you are playing (e.g.Apple, Google). When you purchase Virtual Items by visiting the in Game shop on platforms such as Apple, or Google, GoGallop is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information.

For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.

You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in the Game, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value.

ALL SALES ARE FINAL - YOU ACKNOWLEDGE THAT GOGALLOP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH A PLATFORM SUCH AS APPLE OR GOOGLE OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR GAME.

PURCHASERS ONLY ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS – AND AS SUCH ALL PURCHASES ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

Additional Payment Terms:

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. GoGallop may revise the pricing for the goods and services it licenses to you through the Game at any time. For billing support, please contact us at gogallop.com.

8. PROMOTIONS AND OFFERS

From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms. In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.

9. THIRD-PARTY ADVERTISING AND THIRD-PARTY SITE LINKS

Our Game may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it.

We are not responsible for any third-party website that we link to in our Game and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties or the misuse of your personal information by any linked site.

10. COPYRIGHT

We respect the intellectual property rights of others and ask that you do too. All third party logo’s, images and likenesses are the property of their respect owners and are used under strict licence.

11. SERVICE AVAILABILITY

GoGallop and the GoGallop Corporate Family make no promises or guarantees that the Game or any content in the Game will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of the Game for business and operational reasons.

THE GAME IS PROVIDED ON AN “AS IS” BASIS. USE OF THE GAME IS AT YOUR SOLE RISK.

TO THE EXTENT PERMITTED BY ALL APPLICABLE LAWS, GOGALLOP AND THE GOGALLOP CORPORATE FAMILY MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME. GOGALLOP AND THE GOGALLOP CORPORATE FAMILY DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Game or the shortest period required by law.

12. LIMITATIONS AND WAIVER OF LIABILITY

YOU ACKNOWLEDGE THAT GOGALLOP AND THE GOGALLOP CORPORATE FAMILY ARE NOT LIABLE:

  1. FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE THE GAME; OR

  2. FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE GAME AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE GAME AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE GAME AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE GAME, OR RELATED TO USE OF, OR INABILITY TO USE, THE GAME, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF GOGALLOP AND THE GOGALLOP CORPORATE FAMILY IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID GOGALLOP AND THE GOGALLOP CORPORATE FAMILY IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID GOGALLOP AND THE GOGALLOP CORPORATE FAMILY ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GOGALLOP AND/OR THE GOGALLOP CORPORATE FAMILY IS TO STOP USING THE GAME AND TO CANCEL YOUR ACCOUNT.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions to do not apply to users located in the EEA. For those users, if GoGallop fails to comply with these Terms, GoGallop is responsible for loss or damage you suffer that is a foreseeable result of GoGallop’s breach of these Terms or is a result of GoGallop’s negligence, but GoGallop is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and GoGallop at the time we entered into these Terms.

13. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.

Before instigating any legal proceedings, you must first contact our Customer Support team at gogallopstudios.com. In the event that you and GoGallop can’t resolve the dispute, you and GoGallop both agree to arbitrate the issues in a manner as reasonably determined by GoGallop.

No Class Actions

By voluntarily accepting these Terms you, GoGallop and the GoGallop Corporate Family all agree that the parties can only bring a claim against each other on an individual basis.

If this subsection on “No Class Actions” is found to not be enforceable or valid, then this entire Section will be null and void (i.e., go away). But the rest of the Terms and Feature Terms will still apply.

For the avoidance of doubt this Section survives termination of these Terms.

14. APPLICABLE LAW

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the Courts within Victoria for any disputes. These terms and conditions constitute the entire agreement between you and GoGallop concerning your use of the Game.

If you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 12 (Agreement to Arbitrate and Class Action Waiver).

15. ASSIGNMENT

GoGallop may give its rights, or our obligations, under these Terms to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms to anyone without first obtaining GoGallop’s written consent, and any attempt to do so without our consent is void.

16. SEVERABILITY

In the event any provision of these Terms is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will attach only to such provision and will not affect or render invalid or unenforceable any other provision of these Terms

17. ENTIRE AGREEMENT

These Terms contain the entire agreement between you and GoGallop with respect to its subject matter and supersedes all prior agreements and undertakings between the parties in connection with it.

18. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, pandemics, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials. This provision does not apply to users located in the EEA.

19. NO WAIVER

If GoGallop does not enforce its rights under these Terms, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

20. NOTICES

If we have to give you notice of something according to the Terms, we may notify you by posting a message on gogallopstudios.com or in the Game, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.

If you have to give us notice of something according to the Terms, the notice must be in writing and addressed to GoGallop Studios Pt Ltd Attn: LEGAL DEPARTMENT, 13/50 Market St, Melbourne VIC 3000, unless we have provided a more specific way of notifying us.

21. CHANGES TO THESE TERMS

We reserve the right, at our absolute discretion, to change, modify, add, or remove portions of the Terms, or Feature Terms at any time by posting the amended Terms, or Feature Terms on our website (gogallop.com) or within the Game (such as through in-Game notices). Unless we state otherwise, changes are effective when posted. New versions of the Terms and Feature Terms, and any other policies, codes, or rules will be accessible at gogallopstudios.com or from within the Services. If you continue to use the Game after the changes are posted, you are agreeing that the changes apply to your continued use of the Game.

If the Terms or our Privacy Policy have any provisions or information that conflict with other GoGallop terms or policies, these Terms and the Privacy Policy as applicable shall govern.

DEFINITIONS

“Account” means an account you create when you access the Game.

“Game” means the mobile gaming application available at various App Stores (including Apple and Google’s App Stores), call Equestriad World Tour.

“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms of Service.

“Offers” means special programs, including offers, excursions, and special gifts, both digital and physical, that GoGallop may offer from time to time to certain eligible players.

“Terms of Service” or “Terms” means these terms of service.

“User Content” means all the data that you upload, transmit, create, or generate on or through your use of the Game. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.

“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Game and (b) virtual in-game items.

“GoGallop Corporate Family” means GoGallop’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, contractors, employees, officers, and directors.

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