This Holy Fire Games Account Agreement (this “Agreement”) explains your rights and obligations as a holder of a Holy Fire Games Studio LLC (“Holy Fire Games”) account. Holy Fire Games is a limited liability company formed and operating under the laws of the State of Iowa, USA.
YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING HOLY FIRE GAMES’ ONLINE GAMES PLATFORM (THE “PLATFORM”). DO NOT USE THE HOLY FIRE GAMES’ ONLINE GAMES PLATFORM IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
The Platform is an online service that Holy Fire Games offers to account holders, giving them access to services and interactive games (collectively, “Games”) from Holy Fire Games and other developers (“Developers”).
By creating an account, you represent and warrant that you are eighteen (18) years of age or older. Subject to the laws of your country, minor children may utilize an account that is established by their parent or legal guardian. If you are a parent or legal guardian and you permit your minor child or legal ward to use an account, you enter into this Agreement on behalf of yourself and your child or ward and you understand and agree that you will be responsible for all uses of the account by your child or ward whether or not you authorized such specific uses.
Subject to and conditioned on your compliance with all terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of this Agreement to use the Platform solely for your personal, non-commercial entertainment use. These uses include the right to access or use Holy Fire Games or other Developers’ Games on one or more computers or mobile devices under your control. Please note some Developers may require you enter into separate agreement pertaining to the use of their Games. In the event of a conflict between a Developer’s agreement and this Agreement, this Agreement shall supersede and govern your use of the Platform.
Except as expressly authorized under this Agreement, you may not:
Certain features of the Platform or Games may require payment on a one-time or subscription basis. When you provide payment information to Holy Fire Games or one of its payment processors, you represent to us that you are an authorized user of the care, PIN, key, or account associated with that payment, and you authorize Holy Fire Games to charge your credit card or to process your payment with the chosen third-party payment processor for the feature you request. For subscription-based payments on an agreed upon usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription you agree and reaffirm that Holy Fire Games is authorized to charge your credit card or to process your payment with any applicable third-party payment processor for any applicable recurring payment amounts. You agree to notify Holy Fire Games of any changes to your payment information.
As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. If you cancel your account, Holy Fire Games reserves the right to collect fees, surcharges, or costs incurred before cancellation as well as any costs, including applicable attorneys’ fees, incurred in collecting such outstanding amounts.
If you submit any idea, proposal, suggestion, or other material to Holy Fire Games suggesting changes, improvements, enhancements, or other features or aspects of the Platform or Games (collectively, “User-Generated Submission”), such User-Generated Submission becomes Holy Fire Games’ property and you waive and assign to Holy Fire Games all rights, title, and interest you have or may have had in any such User-Generated Submission. You agree you provide all User-Generated Submission without compensation or restriction, and you agree Holy Fire Games is under no obligation to use such User-Generated Submission.
Gazpo.io is a .IO game platform giving you the opportunity to compete against other players in games from a variety of genres to earn Gems, which may be redeemed for cash (the “Tournaments”). NO PURCHASE IS NECESSARY TO ENTER OR WIN THE TOURNAMENTS. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING A TOURNAMENT.
In-game currency is available on the gazpo.io platform. Coins may be earned through reward platform activity and may be used as an entry fee for participation in higher payout coin tournaments and to redeem ad-free time. Coins must be earned, they can not be purchased.
Gems can be earned by ranking highly in tournaments and can be used as an entry fee for participation in Gem tournaments. Gems may also be used to redeem ad-free time and to redeem for cash.
Gazpo.io tournaments are available only to account holders who are eighteen (18) years of age or older, unless you are a parent or legal guardian and you permit your minor child or legal ward to use an account. The Tournaments are subject to applicable federal, state, local, or international laws and regulations and are void where prohibited.
To enter a Tournament, you must be logged in to the platform using your account and navigate to the game page where you can enter directly once the game loads. You may enter each Tournament multiple times within the allocated time available and you may not engage in any attempt to circumvent the rules. IT IS STRICTLY FORBIDDEN TO ATTEMPT TO CHEAT THE PLATFORM OR TRY TO GAIN AN ADVANTAGE BY USING ANY OF THE TECHNIQUES DESCRIBED IN SECTION 4. ANY VIOLATION OF THESE RULES WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF ALL EARNED GEMS AND COINS.
Each Tournament will have a ranking and Gems will be awarded according to your position in the ranking. Gems can be redeemed for cash subject to a minimum balance being achieved and ID verification. The tournament gem-pool will differ based on the number of entries. Gems are non-transferable between accounts. If there are expenses associated with participation in tournaments and the redemption of gems, they are the sole responsibility of gem winners.
The chances of winning a Tournament depend on the skill of the player and the odds will vary depending on the number of eligible participants.
Tournaments end at the completion of the respective Tournament timer and Gems won in a Tournament are added to the overall gem balance associated with the account. Gem winners are notified via the notifications section of the platform and in the Gem History section of the My Account area.
The gazpo.io platform has a program for rewarding account holders to invite and refer new players to its online games platform. Your account will be credited 1% of all gems earned by the players you referred as a bonus. These rewards, other referral management tools and descriptions of the program are available to the referring account holder in the user account management section of the platform.
An account will be marked ‘inactive’ if there has been no activity in it for 12 months. After an attempt is made to contact the account holder, an inactive account gem fee will be charged on a monthly basis until the balance reaches zero or the account becomes active again.
You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet, the Platform, or the Games will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR GAMES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM OR GAMES OR ANY OTHER SERVICE OR WEBSITE LINKED TO THE PLATFORM OR GAMES.
YOUR USE OF THE PLATFORM OR GAMES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR GAMES IS AT YOUR OWN RISK. THE PLATFORM OR GAMES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR GAMES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOLY FIRE GAMES NOR ANY PERSON ASSOCIATED WITH HOLY FIRE GAMES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR GAMES. WITHOUT LIMITING THE FOREGOING, NEITHER HOLY FIRE GAMES NOR ANYONE ASSOCIATED WITH HOLY FIRE GAMES REPRESENTS OR WARRANTS THAT THE PLATFORM OR GAMES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR GAMES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR GAMES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR GAMES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, HOLY FIRE GAMES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HOLY FIRE GAMES, ITS AFFILIATES, DEVELOPERS, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR GAMES, ANY WEBSITES OR SERVICES LINKED TO IT OR ANY CONTENT OR SERVICES ON THE ONLINE SERVICES OR SUCH OTHER WEBSITES OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Holy Fire Games, its affiliates, developers, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Platform or Games, including, without limitation, any use of the Platform or Games’ content, services, and products other than as expressly authorized in this Agreement, or your use of any information or products obtained from the Platform or Games.
All matters relating to the Platform or Games and this Agreement, and any dispute or claim arising therefrom or related thereto (in any case, whether sounding in contract, tort, or statute), shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Any legal suit, action, or proceeding arising out of or relating to this Agreement or the Platform or Games shall be instituted exclusively in the state or federal courts sitting in the State of Iowa, County of Polk. You waive any objections to the exercise of jurisdiction over you by such courts and you agree that the venue is appropriate and convenient in such courts.
YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE ONLINE SERVICES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Holy Fire Games of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Holy Fire Games to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Although most changes are likely to be minor, Holy Fire Games may update this Account Agreement from time to time, and at Holy Fire Games' sole discretion. Holy Fire Games encourages visitors to frequently check this page for any changes to its Account Agreement. If you have a Holy Fire Games account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Account Agreement will constitute your acceptance of such change.
Holy Fire Games operates the Platform and may be contacted with any questions or comments via the following email address: