Terms of Service
We, HODL A.I. LIMITED, located at 128 City Road, London, EC1V 2NX, United Kingdom (Company No: 15856659), are the owners and operators of the website gangsters.com. To maintain fairness and enjoyment within the game, players are required to adhere to specific rules and regulations. The game hosted on gangsters.com is officially titled "Top G."
1. DESCRIPTION OF SERVICES
1.1 These terms of use (hereinafter referred to as "Terms") apply to your use of Gangsters.com, including the online features of multimedia products, websites, servers, software, and the framework within which these products are delivered (hereinafter collectively referred to as "Services"), which are now and in the future provided by Gangsters.com (hereinafter collectively referred to as "Top G" or "we/us").
1.2 You should read these Terms carefully as they set out the basis on which we make the Services available. As a user (hereinafter referred to as "User"), by using any or all of the Services and Content (as defined in article 1.3 below), you declare that you accept the Terms and/or other conditions (including, without limitation, "game rules") and that you agree to fully comply with them. If you do not agree with the Terms, you should cease using our Services.
1.3 Content includes all text, graphical representations, music or sound, all messages or information, fictional characters, names, themes, objects, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audiovisual effects, domain names, and all other elements that are part of the Services, individually or combined, together with all related Intellectual Property Rights on the aforementioned (hereinafter collectively referred to as "Content").
For the avoidance of doubt, "Content" includes:
a) Content created by other Users;
b) Supplementary Content; and
c) Test Content (as defined in article 12 below).
1.4 Top G's Privacy Policy is available on the privacy page and is an integral part of these Terms. Please read this Privacy Policy carefully to gain insight into our views and practices regarding your personal data and how we handle it.
1.5 Top G reserves the right to change, modify, add to, or remove provisions in these Terms at any time, in accordance with the procedures described below in article d.
2. ACCOUNT
2.1 Creating Your Account.
a) Access to and use of certain additional features and/or benefits of the Services are subject to the creation of an account with Top G (hereinafter referred to as "Account").
b) To create an Account, you must provide accurate, complete, and up-to-date information. You must be authorized to use the Services for which you are registering, and you must meet the age criteria.
c) For certain Services, you may be required to create a username or avatar, which will be linked to your Account and displayed publicly. Therefore, we advise you not to include your last name in your username.
d) You are not allowed to:
(i) Select or use a username or avatar that is already used by someone else or that is associated with another Account; or
(ii) Select or use a username or avatar that does not meet the requirements of these Terms, especially the code of conduct as set out in article iii and the standards for Content as set out in article xiii.
Top G advises you not to include your last name in your username.
e) If you choose a username, password, or any other information or if these are provided to you as part of our security procedures, you must treat this information as confidential and you are not allowed to disclose it to any third party. We will never ask you for your password and will never contact you to ask for the password reminders associated with your password. Any use, especially any purchase of Services, made using your Account with your password is deemed to have been made by you. We reserve the right to block a username or password if, in our absolute discretion, you have not complied with any of the provisions of these Terms.
2.2 Accuracy and use of your Account information
a) You agree to provide and keep your personal information associated with your Account accurate, complete, and up-to-date (including in the case of data transfer from a pre-existing Account).
b) You will not impersonate any other person or entity, and you will not misrepresent your identity or any affiliation with another person or entity, including by using the username, password, or any other information associated with someone else's Account, or the name, likeness, voice, image, or photo of another person, or by providing false information regarding a parent or legal guardian if you are asked to provide such information during the registration process.
c) We may take action to verify the accuracy of the information you provide, including verifying the landline or mobile phone numbers and/or the email address you have provided for yourself or, where applicable, for a parent or legal guardian. To protect minors and other Users and to avoid the risk of fraud, you hereby agree to send the necessary authorizations and supporting documents to Top G upon request by email, fax, or mail. The required documents may include a copy of your national identity card or passport.
d) You also agree to notify Top G as soon as possible of any unauthorized use of your username, password, or other information related to your Account or any other security breach related to the Services that comes to your attention.
3. USE OF SERVICES AND CODE OF CONDUCT
3.1 Use of Services.
a) You must be entitled to use the Services for which you have registered in accordance with these Terms or any other conditions applicable to the Services.
b) The Services are intended for personal use only, and you may not use the Services for commercial purposes under any circumstances.
c) You are not allowed to directly or indirectly:
(i) Sell, rent, or trade the Content;
(ii) Rearrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate, repost, or transfer any part of the Content;
(iii) Automate or use the Content in high volume;
(iv) Transfer any Content between computers or mobile devices except as is part of the normal use of the Services.
d) If available as part of the Services, you are entitled by Top G to download the relevant Content to your computer(s) or mobile devices and to print the pages, if applicable, provided that you:
(i) Leave all copyright and trademark notices and other indications of the creator and origin of the information unchanged;
(ii) Do not reproduce the Content, or copies or derivative documents that are based on the Content in whole or in part (except reproduction as part of the normal use of the Services and the creation of a single copy for backup purposes); and
(iii) Do not use the Content in a way that suggests any association with any of Top G's products, services, and/or brand names.
e) If you print, copy, or download any part of our Services in violation of these Terms, your right to use our Services will immediately cease, and you must return or destroy all copies of the materials you have made, as determined by us.
f) You are solely responsible for any damage caused to Top G, its partners, other Users of the games and Services, or any other natural or legal person as a result of using all or part of the Services in violation of the law or your obligations as set out in these Terms.
3.2 Code of Conduct
You hereby declare that you will comply with our code of conduct as set out in this article iii.
a) You may only use the Services for lawful purposes and in accordance with the intended use of the Services.
b) You are not allowed to:
(i) Use the Services in any way that is in violation of any applicable local, national, or international law or regulation;
(ii) Use any part of the Services or the Content that infringes the Intellectual Property Rights of third parties and/or Top G;
(iii) Create, use, share, and/or disclose any material (text, words, images, sounds, videos, etc.) by any means (forum, public profile, or other means) in connection with the Services that violates a duty of confidentiality, violates a privacy right of a natural person, or incites to commit an unlawful act (in particular piracy, cracking, or distribution of counterfeit software);
(iv) Access or attempt to access parts of the Services for which access has not been granted by Top G;
(v) Rearrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information, software, products, or other elements or parts of the Content by any means without the express prior approval of Top G as set out in these Terms or otherwise;
(vi) Modify, disrupt, block, overload, interrupt, delay, and/or hinder the normal functioning of all or part of the Services, or the accessibility thereof to other Users, or the functioning of the partner networks of the Services, or attempt to do so;
(vii) Transmit or distribute any virus, Trojan horse, worm, bomb, corrupted file, and/or similar destructive system or corrupted data in connection with the Services, and/or organize, participate in, or be involved in any way in an attack on the servers and/or the Services of Top G and/or those of its service providers and partners;
(viii) Create, use, and/or distribute "auto" or "macro" computer programs, bots, robots, or other false programs or software applications, and/or use the Services via a mirror site;
(ix) Create, provide, or use alternative methods of using the Services, such as server emulators;
(x) Use false information, use another User's Account, impersonate another person, or present false credentials in connection with a natural or legal person regarding the Services;
(xi) Use any means not expressly permitted by Top G to collect or intercept data exchanged by other Users in the context of the Services, or the names/usernames and/or passwords of another User;
(xii) Attempt to obtain a password, information related to an Account, or other personal information from another User of the Services, and/or sell, rent, share, lend, and/or transfer your Account and/or means of access thereto to any third party in any other way, and/or allow any third party to use your Account in any other way;
(xiii) Misuse the help service or the complaint submission buttons, or send false reports to Top G's staff members;
(xiv) Access any directory of Users of the Services or any other information regarding Users or use of the Services, use such data, download, or otherwise reproduce or provide such data to third parties (free or for a fee);
(xv) Refuse to follow the instructions of any representative of Top G, and/or falsely claim to be an employee or representative of Top G or its partners and/or agents.
3.3 Standards for Content
In connection with the Services, you are not allowed to:
a) Create, use, share, and/or disclose any material (text, words, images, sounds, videos, etc.) or Content by any means that, in Top G's sole discretion, is unlawful, aggressive, threatening, malicious, defamatory, untrue, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, incites hatred, is sexually explicit, offensive, violent, contrary to morality, or otherwise unacceptable; or
b) Bully other Users or send them unsolicited advertising or promotional articles or messages for commercial purposes, use the Services for research, contests, pyramid schemes, or similar transactions, or send mass emails or spam.
3.4 Changes
We reserve the right to change the code of conduct and standards for Content as set out in articles iii and xiii to restrict the use of the Services. For example, we may define:
a) A maximum number of days during which messages or any other downloaded Content is stored as part of the Services;
b) A maximum number or volume of messages that can be sent or received by an Account associated with the Services;
c) A maximum memory capacity assigned to your Account by our servers; and/or
d) A maximum number of times you have access to the Services, with a maximum duration for each access during a specific period.
3.5 Monitoring of Services by Top G
a) We are not responsible for and do not endorse any opinions, advice, and/or recommendations displayed or transmitted by Users of the Services, including on public forums. These notices are the sole responsibility of the relevant User.
b) Except as required by applicable law, we do not commit to monitoring the Content, messages, and other information provided by Users on the Services. We may, but are not obliged to, monitor, moderate, or moderate our Services, especially on homepages of websites and forums. Further information regarding the monitoring of the Services by Top G in connection with minors is set out in articles a and 5.2.
c) We reserve the right to refuse, at our discretion, any username, screen name, and/or password you have chosen.
4. ACCESS AND CONDITIONS FOR MINORS
4.1 If you are a minor, you should review these Terms with the help of your parents or guardians.
4.2 If you are a parent or guardian, Top G recommends that you monitor and supervise your children's online activities and ensure that your children never disclose their personal information without your prior permission.
4.3 We restrict access to certain Services based on age. We ask for the approval of a parent or guardian if a child under 13 years old (hereinafter referred to as "Minor") wishes to use the Services. When a Minor registers, they must provide the email address of a parent or legal guardian, with whom we will contact to confirm, deny, or modify the child's access to the Services. Top G reserves the right to limit the period during which a Minor has access to the Services pending confirmation and activation of the relevant Account by their parent or guardian.
4.4 We reserve the right to request written proof of parental or guardian consent for a User or potential User of the Services whom we suspect to be a Minor. Parental consent applies only to the Service for which it has been granted.
4.5 Some Services allow children to receive newsletters. Minors with access to a forum will be able to see the messages of other Users on the forum.
4.6 In all cases, any use of the Services by Minors is the responsibility of their parents or legal guardians, who are assumed to have approved their use of the Services and agreed to these Terms.
4.7 To the extent permitted by law, Top G accepts no liability for any activities carried out by Minors without the consent of their parents or legal guardians. If you are a parent or legal guardian and have given your child permission to register for one or more Services, you agree to the Terms of Use of the Services on behalf of your child. Please refer to our Privacy Policy, available on the Service website, for further information.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Intellectual Property Rights are defined as "patents, rights to inventions, copyrights and related rights, trademarks, trade names, domain names, presentation rights, rights to goodwill or rights to prosecute for passing off, unfair competition rights, rights to designs, rights to computer software, database rights, topography rights, moral rights, rights to confidential information (including know-how and trade secrets), and all other intellectual property rights, in all cases whether registered or unregistered, and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection anywhere in the world."
5.2 The Services and Content are protected by national and international laws and treaties. Except as expressly stated in these Terms, we, our licensors, and licensees reserve our respective Intellectual Property Rights in the Services and Content. Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior permission and, where applicable, that of our licensors and agents.
5.3 Except as expressly stated in these Terms, no Intellectual Property Rights of any kind are transferred or licensed to you.
5.4 The Services, Content, and all Intellectual Property Rights therein belong to Top G or its licensors and agents, except for any content generated by the User (as covered in article 6 below).
6. REPORTING ILLEGAL CONTENT
6.1 If you believe that any Content available on the Services does not comply with these Terms (including the code of conduct or conduct standards as set out in articles iii and xiii), you can report this to Top G using the "Report" option available on each Service or by posting a message including the information mentioned below.
6.2 To help us respond to your report as quickly as possible, it is useful if you include the following in your report:
a) An indication of the reasons why you believe this Content does not comply with these Terms and should be removed from the Services, quoting the article from these Terms or the legal provision with supporting evidence if possible;
b) When reporting a copyright infringement, identification of the work protected by copyright for which you wish to report the infringement and all necessary information proving the existence of this copyright and showing that you are authorized to intervene in the matter on behalf of the copyright holder.
6.3 Upon receiving a report, Top G reserves the right to take action as it deems appropriate.
6.4 Top G reserves the right to request that you cease using any Content it believes to be in violation of the provisions of these Terms and/or to remove or block the relevant Content.
If Top G removes or blocks any Content you have made public and deems it to be in violation of these Terms, Top G reserves the right to terminate these Terms and/or suspend or delete your Account in accordance with article 14 below.
7. CREDITS, CRYPTO, AND SUBSCRIPTIONS
Top G may offer certain Services for a fee (hereinafter referred to as "Enhanced Services"). These Enhanced Services include services for downloading Content, participation in certain activities, customization of certain parts of the Services, subscription to newsletters, and adoption of "virtual goods." Top G may, at its discretion, discontinue offering certain Enhanced Services and propose new Enhanced Services.
You must have an Account to be able to purchase and use the Enhanced Services.
We offer a system that allows you to earn cryptocurrency XRP when you use the Services, download Supplementary Content (as defined below), or participate in certain activities offered through the Services (hereinafter referred to as "Crypto System"). You can exchange this cryptocurrency for Supplementary Content that we offer.
We reserve the right to change these Terms or remove part or all of the Crypto System at any time at our discretion, under the conditions specified in article d below.
To access certain Services, we may offer you a system that allows you to purchase virtual money (virtual diamonds) and/or subscriptions for various periods. In that case, the specific sales conditions for this virtual money and/or subscriptions accessible on the Service page will apply and be appended to these Terms.
8. MERCHANT SERVICES
Top G may allow you to purchase certain products from Top G. Specific conditions may apply to the purchase, which can be viewed on the Top G website.
9. FORUMS AND DISCUSSION PLACES PROVIDED BY THE SERVICES
a) The Services may include forums, newsgroups, or other types of online discussion places (hereinafter collectively referred to as "Forums") that are not moderated or are moderated after a discussion, resulting in your messages not being reviewed before they are displayed on Top G's websites.
b) When you use these Services, you should be aware that your username and your messages will be public and can be seen by any User who has access to the Services. You send your messages at your own risk. You are solely responsible for the submission, disclosure, and dissemination of these messages.
c) You must comply with all code of conduct and standards for Content as set out in article 3 of these Terms, and additionally, you agree to:
(i) Not restrict or prevent the use of the Forum by another User of the Services;
(ii) Not post or disclose any actual personal information about a User online through the Services;
(iii) Not post or disclose any information online that is not generally related to the relevant topic or theme of the public Forum in question; or
(iv) Not post or disclose any information online that is inappropriate or disrespectful to the usual or intended Users of the Forum.
d) Top G reserves the right to contact you to obtain further information about the messages you disseminate, particularly to verify whether you are authorized to disseminate these messages and/or whether you own the elements contained therein (text, words, images, sounds, videos, etc.).
e) In no event shall Top G be liable for the opinions, advice, and/or recommendations displayed or transmitted by Users through the Services, and Top G does not endorse them, especially with regard to opinions, advice, and/or recommendations displayed on a public Forum; Top G hereby disclaims any liability in this regard.
10. CONTESTS AND LOTTERIES
Periodically, Top G and/or its partners organize contests, games, free prize draws, and promotions in connection with the Services. These may be subject to special conditions that will be provided to you at the time these events take place.
11. ADVERTISEMENTS AND PROMOTION OF PRODUCTS
At its sole discretion, and subject to its editorial policy for each Service, Top G may display certain products and/or services from third parties through promotional links, advertisement banners, or other advertising and promotional materials, and Top G may also engage in cross-marketing activities with a partner of its choice.
Top G is not responsible for the products or services of third parties that are thus displayed.
12. LIABILITY, INDEMNITY, AND COMPENSATION
12.1 Limitation and exclusion of liability
a) You hereby expressly acknowledge that the use of the Services and games is at your own risk.
b) The Services are provided "as is," without any warranties, conditions, guarantees, or other requirements regarding:
(i) Their compliance, accuracy, timeliness, completeness, reliability, or security;
(ii) Their suitability for a particular use;
(iii) Their market value;
(iv) The absence of interruptions or errors, bugs, viruses, or harmful components, or that errors, bugs, viruses, or harmful components will be corrected; and/or
(v) Your satisfaction.
c) In particular, Top G does not exhaustively control the Content, especially UGC (as defined in article 6), or the words you or other Users publish through the Services, including without limitation on the Forums, nor your actions in connection with the Services.
d) We expressly exclude the following:
(i) All conditions, warranties, and other requirements that might otherwise be implied by law, common law, or equity law; and
(ii) Any liability for loss or damage incurred in connection with the use of the Services or any related third-party service. This includes the following:
(A) Any loss of any kind, whether due to tort (including negligence or breach of statutory duty), breach of contract, misrepresentation (whether intentional or unintentional), or otherwise;
(B) Any loss of any kind, whether due to tort (including negligence or breach of statutory duty), breach of contract, misrepresentation (whether intentional or unintentional), or otherwise;
(C) Direct loss;
(D) Actual damage;
(E) Incidental loss;
(F) Consequential loss; and
(G) Indirect loss.
(iii) Nothing in the above prevents claims for your tangible damage.
e) In the event of a dispute with Top G or its licensors, your sole remedy is to:
(i) Cease using the Services and terminate your Account; and
(ii) Seek compensation for your damages, if applicable.
f) Top G's liability is limited to the replacement of the subscriber content that Top G deems unusable after a comparative examination of your claim with equivalent Content chosen by Top G.
g) In any event, Top G's total liability, including that of its Subsidiaries, to you can never exceed the amount you have paid for the Services during the three (3) months preceding the occurrence of the dispute.
h) Nothing in the above affects our liability for death or personal injury resulting from our negligence or our liability for fraud or fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.
12.2 Indemnity and compensation
a) You agree to defend, indemnify, and hold Top G and its Subsidiaries (as defined above), their subcontractors, and Content providers harmless against any claim or alleged claim, any liability, damages, and all costs, including attorney fees, resulting from and/or arising out of a breach of these Terms for which you are responsible or related to your conduct while using the Services.
b) Without limiting the generality of the foregoing, you agree to defend, indemnify, and hold Top G and its Subsidiaries harmless in case of improper or unlawful use of your Account, including in case of improper or unlawful use by a third party you have allowed to use your Account. You agree to be personally responsible for your use of the Services and for all communications and activities during the use of the Services.
c) Top G reserves the right, at its own expense, to take over the exclusive defense of any claims for which you would normally indemnify Top G.
13. TERMINATION
13.1
We reserve the right to terminate all or part of the Services at any time without prior notice.
13.2 Termination of the Account or Services at Top G's initiative
a) We may suspend or close your Account and your ability to use one or more Services or part of the Services at any time automatically and at our sole discretion if:
(i) We have sent a formal request by email or mail to provide us with proof of your credentials or to cease any action, behavior, or breach of these Terms;
(ii) It is confirmed or we have reasonable grounds to believe that:
· You do not comply with these Terms or any specific condition regarding a particular Service or Services;
· You breach your legal or contractual obligations;
· Your Account is inactive for more than three months, and you have no access to the subscription features; or
· For any other reason related to your use or actions related to the Services.
b) If you have more than one Account, we reserve the right to suspend or close all Accounts you have opened once one Account is suspended or closed under this article.
c) In case of a breach of your legal or contractual obligations, we reserve the right to initiate legal proceedings on grounds of civil or criminal liability to stop the breach and obtain compensation for our loss. In particular, and without limitation, we reserve the right to prosecute any User who has deliberately damaged or attempted to damage the Services or who has disrupted the lawful operation of the Services or who has cooperated in doing so.
13.3 Termination of the Account and/or a subscription at your initiative
a) You can terminate your Account for a particular Service or Services at any time through settings or by contacting Top G.
c) It should be noted that there will be no full or partial refund of already paid amounts for the current subscription period if you decide to terminate your subscription.
d) Top G reserves the right to recover the costs, additional fees, and charges incurred before the termination of your Account or a subscription to a particular Service or Services. Moreover, it is your obligation to pay all amounts owed to other vendors or Content providers before the termination of your Account. All outstanding payments or unpaid fees and other unresolved issues with the Services must be paid and settled before a new Account can be opened.
e) Subject to compliance with the termination procedure as described above, the termination of your Account and/or your subscription will take effect within a reasonable period after receipt of your letter by Top G's customer service department.
14. UPDATING SERVICES AND TERMS
14.1 Amendment of Terms
a) We may amend these Terms at any time for security, legal best practices, or regulatory reasons.
b) We will not exercise this right to make substantial changes to the Terms to your detriment without giving you the opportunity to agree to them.
c) We will inform you of any revision of these Terms by posting a notice of the revision on the website of the relevant Service. Each revision will take effect five (5) days after posting the notice. If you do not agree with the changes made to these Terms, you may terminate your Account as set out in article 14.
d) You are expected to check regularly for revisions to the Terms as the Terms are binding on you. Any use of the Services after the Terms have been amended constitutes acceptance of the revised Terms.
14.2 Change in prices of the Services
a) Top G reserves the right to change the prices of the Services as indicated on the websites of the relevant Services. The new price will only apply to orders placed after the new price has taken effect.
b) During your subscription, Top G reserves the right, at its sole discretion, to change the price of subscriptions to our Services. In that case, Top G will post these changes on the websites of the relevant Services before the price change takes effect. The new price will only take effect in connection with new renewals of subscriptions, whether requested or implied.
c) If you do not agree with this price change, you can terminate your subscription or your Account in accordance with the procedure defined in article c of these Terms. It should be noted that this termination must occur before the renewal (whether requested or implied) of your subscription. Renewing your subscription constitutes acceptance of the changed price.
14.3 Change of access to Services and Content
a) Top G may change the Content at any time, for any reason or without any specific reason, especially for technical reasons such as updates, maintenance, and/or resets to improve and/or optimize the Services.
b) These changes may affect the Services and/or your acquired rights or lead to setbacks in the game environment. The products updated or changed in accordance with this article are subject to the limitations of liability as set out in article i above.
14.4 Supplementary Content
During your subscription to certain Services, we reserve the right, at our sole discretion, to make supplementary Content available for all subscriptions in the form of updates.
This supplementary Content is separate from expansions of Services that are distributed and/or sold separately from the original Service, and the purchase of the original Service does not automatically entitle you to the expansion.
15. CONFIDENTIALITY AND COLLECTION OF PERSONAL DATA
We may collect and store data about you in connection with your activities on the Services, your connection, and/or your hardware. Some data is stored, archived, analyzed, and used to create user statistics.
Your privacy is very important to us, and we will not disclose your personal information to third parties unless expressly permitted by you or in special circumstances.
We may be obliged to disclose or share your personal data to comply with a legal obligation or to identify, investigate, or prosecute an individual to enforce or apply these Terms or to protect your rights, property, or safety and those of other Users and third parties. This includes exchanging data with other companies and organizations for fraud protection and credit risk reduction.
Top G reserves the right to collect, store, and use anonymous data about you and other Users.
Privacy Policy
For further information regarding our use of personal data, please refer to our Privacy Policy, which you should read carefully. Our Privacy Policy is part of these Terms and may therefore be amended. You can consult our Privacy Policy at any time on the Service website.
16. HEALTH OF VIDEO GAME USERS
16.1 We recommend that you take the following precautions in all cases when using the Services.
Recommendations:
a) Do not use the Services if you are tired and/or have a sleep deficit;
b) Ensure you play in a well-lit room and adjust the brightness of your screen;
c) When playing a video game that requires a screen connection, play at a reasonable distance from the screen and as far away as the connecting cord allows; and
d) Take a break of ten (10) to fifteen (15) minutes every hour.
Last modification: 30/08/2024