TERMS OF USE

Effective from: January 1, 2021

 

  1. Introduction and Overview. These Terms of Use (“Terms”) set forth a legally binding agreement between you and GTOWizard.com (“Website”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location, including, but not limited to, www.gtowizard.com (collectively, the “Service”).  

By using the Service, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, discontinue use of the Service.  

  1. Service Use.
  2. Content. The Service contains: (i) materials and other items relating to Website and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Website; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Website or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  

  1. Limited License. Subject to your strict compliance with these Terms, Website grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Website’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  

  1. Accounts. Certain features of the Service may require you to register an account. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.  

  1. Restrictions. You may not use the Service unless you are at least eighteen (18) years old. You may not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Website; (iii) harvest any information from the Service or Content; (iv) reverse engineer or modify the Service or Content; (v) interfere with the proper operation of or any security measure used by the Service or Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; (viii) use the Service as a assistance tool while playing live or on online poker room (in case of getting banned by poker site or/and your funds seized we don't take any responsibility for your actions and wont issue any refund); or (ix) otherwise violate these Terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.  

  1. Availability. Website may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in Website’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Website, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.

  1. Reservation of Rights. All rights not expressly granted to you are reserved by Website and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.

  1. Subscriptions and Products. Certain areas of the Service require payment before you can access them (“Subscriptions”). For example, you may need to subscribe in order to access certain content on our Service. Subscriptions can be purchased by paying a monthly subscription fee. When you register for a subscription, you get access to the premium areas of our Service. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND WEBSITE WILL NOT REFUND ANY MONEY AND FEES THAT YOU HAVE ALREADY PAID. ONLY WAY YOU CAN GET REFUND IS WHEN YOU CANCEL SUBSCRIPTION IN THE FIRST SEVEN DAYS SINCE BUYING A SUBSCRIPTION. IN THIS CASE, THERE IS NO NEED TO PROVIDE ANY REASON AND WEBSITE WILL REFUND YOUR MONEY IN THE SAME WAY YOU PAID FOR THE SUBSCRIPTION. PAYMENT PROVIDER MAY CHARGE FEES FOR THIS TRANSACTION, AND THEREFORE YOU ARE ACCEPTING THE REFUND AMOUNT MAY BE SMALLER THAN YOU INITIALLY PAID. USERS WHO USE THEIR RIGHT FOR REFUND IN THE FIRST SEVEN DAYS ARE NO LONGER ELIGIBLE IN THE FUTURE FOR ANY REFUND IF THEY BUY A SUBSCRIPTION AGAIN. If you decide to cancel your subscription, the cancellation will take effect the day after the last day of the current subscription period. The Website may change the price for the Subscriptions, from time to time, by posting the new price on its Service. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. ‍From time to time, we may offer trials of Subscriptions for a specified period or limited access to features of our Website without payment or at a reduced rate (a “Trial”). We may also offer discounts for our service. If you buy a service with a discount that applies only for the first purchase, you agree that you will be charged on renewal with the new, non-discounted price. ‍

After you pay for your subscription, you will be charged on renewing your subscription period again using the same payment method. If you cancel your subscription, you can still re-activate your subscription again. In this case, you don’t need to provide your payment information again, and the re-activation of your subscription will happen with just a single click on the “RE-ACTIVATE SUBSCRIPTION” button. 

You can always upgrade your subscription tier by paying the price difference between your current tier and the new tier you want to upgrade to. This change will happen automatically after you click on the “CONFIRM“ button while upgrading, and you will be charged the price difference using the payment method you initially used to pay for your subscription.

We do our best to describe every product or Service offered on our Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Website shall have the right to refuse or cancel any orders at its sole discretion. Additional Terms may apply. If a product or Service you purchased from Website is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.

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  1. Disclaimer of Representations and Warranties. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER WEBSITE NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "WEBSITE PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM WEBSITE INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

  1. Limitations of Our Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE WEBSITE PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM WEBSITE INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

  1. Indemnification. You agree to defend, indemnify and hold harmless the Website Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your misuse of the Service; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) your use of a Third Party Service; or (vi) any misrepresentation made by you. Website reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Wizards’s defense of any claim. You will not in any event settle any claim without the prior written consent of Website.

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.

  1. Customer Support. If you have any questions or comments, please contact us at our discord server https://discord.gg/ht3QxrP . You acknowledge that the provision of support is at Website’s sole discretion and that we have no obligation to provide you with customer support of any kind.  When you communicate with us electronically, you consent to receive communications from us electronically.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. Third Party Services. Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.

 

  1. Service Features. E-mails: You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us on our Discord server (https://discord.gg/ht3QxrP) and messaging user @GTOWizard Matt with the word UNSUBSCRIBE and your email in the message. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Website’s ongoing business relations.

Please note that any opt-out by you is limited to the e-mail address used and will not affect subsequent subscriptions.

 

  1. Updates to Terms. We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.

 

  1. Website is operated by: Amagama s.r.o. C 209011 - held at the Municipal Court in Prague Kaprova 42/14, Prague 11000, Czech Republic