1.1. The Terms & Conditions apply to the
relations between any person using the Platform, in particular, the User, and GAMEKODE.com
arising from and related to the use of the Platform.
2.1. The capitalized terms and expressions used in
this Terms & Conditions mean:
a) GAMEKODE or GAMEKODE.com
– the company GAMEKODE.com Limited registered under laws of México, bearing
Company Registration and having its registered office email address: ventas@GAMEKODE.com;
b) Platform – a
group of affiliated websites made available on the Internet from the address:
c) Product –
items, goods, services and/or services in digital form, which can be downloaded
by the User to his electronic device and which are not stored on any data
d) User – any
person, who has registered on the Platform;
e) Terms &
Conditions – these terms and conditions, including attachments thereto
2.2. Any references in the Terms & Conditions
to the singular include the plural and to plural include singular. References
to one gender include all genders.
of Terms & Conditions
1. In order to use the Platform, the User agrees
to and accepts the Terms & Conditions as a whole and without reservations.
3.2. The User confirms that under the domestic laws of
his country of residence he is able to conclude legally binding agreements. The
User agrees that he is not prohibited from using the Platform and services
offered on the Platform due to the domestic regulations or other restrictions.
3.3. The User acknowledges and agrees that GAMEKODE
has the right to make changes and modifications to the Terms & Conditions.
The change or modification to the Terms & Conditions will not affect the
rights acquired by the Users before that change or modification on the basis of
the existing Terms & Conditions. Information about the change and
modification of the Terms & Conditions will be provided to Users by email
in accordance with the contact details provided by the Users in the course of the
registration with the Platform, as well as will be published on the Platform.
The amended Terms & Conditions will be published on the Platform and become
binding for User 14 days after the information about the changes of Terms &
Conditions is delivered to the User. For new Users, the version published on
the Platform at the moment of their registration applies immediately. The User
who does not agree with the amended Terms & Conditions should resign from
using the Platform.
3.4. The User may conclude with GAMEKODE, through the
Internet or otherwise, separate agreements related to certain rights and
obligations between the User and GAMEKODE. In the case of any conflict or
discrepancies between the Terms & Conditions and such additional agreements,
the additional agreements prevail over the Terms & Conditions unless
explicitly stated otherwise in the additional agreements. In the case of
discrepancies between the Terms & Conditions and the General Sale
Conditions, the General Sale Conditions prevail.
4.0 User and
4.1. Any person who wishes to benefit from the
functionalities offered by the Platform is obliged to register and set up a
personal account on the Platform. In order to complete the registration
procedure, they should fill out the registration form available on the
4.2. The technical requirements for the use of the
Platform include possessing a device with access to the Internet and software
to view websites such as an up-to-date version of web browser.
4.3. In the registration form, the User is obliged
to provide his email address, name, and surname. In the case of a User who is
an entrepreneur, the User is obliged to additionally provide the address of
their business premises as well as their tax identification number (including
RFC, VAT and VAT-UE number).
4.4. Once the registration process is completed, GAMEKODE
will assign to the User a personal ID and password. The password can be
subsequently changed by the User.
4.5. The User is obliged to ensure that all
information provided in the registration form is updated and valid, in
particular, that the email address which is used for the purpose of operating
the account is valid.
4.6. The User acknowledges and agrees that GAMEKODE
processes the personal data of the User indicated by the User during the
registration process for the purposes of rendering of the services on the
Platform and enabling proper functioning of the Platform functionalities for
4.7. Each User may hold only one account on the
Platform unless GAMEKODE gives a permission to a given User to hold more than
4.8. The User will be granted access to the
functionalities of the Platform after entering the ID and password on the login
4.9. The User is aware that the functionalities
available on the Platform may differ depending on the country or region, thus
certain functionalities may not be available for all Users. The User
acknowledges that the access to certain functionalities may be restricted for selected
4.10. The User is aware that the ID and password are
personal and unique. The User is obliged to keep the ID and password secret and
is not authorized to share them. Sharing of the ID or password with third
parties or giving access thereto to parties other than the User may cause
irreversible damage to GAMEKODE or Users. The User is obliged to protect GAMEKODE
and other Users against losses and damage caused by the use of their account by
4.11. The user is not allowed to use the Platform
to promote any illegal activity or add content that is illegal, in violation of
applicable law, obscene, or inappropriate in any other way.
4.12. The Users assume responsibility for actions
and outcomes of actions of parties, whom they provided with the access to the
account, in particular for the actions undertaken on the Platform.
4.13. In the case of any violation of these Terms and
Conditions and the law in force by the User, GAMEKODE reserves its right and
possibility to block the User’s account.
4.14. Due to technical problems, maintenance, or
introduction of other changes to the Platform GAMEKODE has the right to
temporarily suspend the access to all or certain functionalities available on
the Platform or to the entire Platform. GAMEKODE will take all reasonable
efforts to restore such access as soon as possible. For Users who act as
consumers, the access to the functionalities of the Platform may be suspended
in the cases prescribed by applicable laws.
4.15. GAMEKODE is entitled to verify the data of the
User provided in the registration form or during the purchase process by
requesting from the User to present proper, valid documents confirming said
information, including but not limited to a scan of an identification document
or excerpts from trade registers. The requested documents should be provided within
10 business days from the day GAMEKODE sends the request. GAMEKODE will use the
documents solely for the purpose of verification of the User compliance with
the applicable anti-money laundering regulations and assessment of his tax
status. Failure to provide these documents may constitute the reason to refuse
registration on the Platform or removal of the account.
4.16. During the purchase process, the Buyer is obliged
to indicate her/his place of residence. The Buyer confirms that she/he is aware
that GAMEKODE is in possession of tools to detect the localization of Buyer’s
network device (and the connection) as regards the country of origin from which
the purchase is made and agrees that GAMEKODE may undertake a verification
process. In the case of discrepancies between the place of residence indicated
by the Buyer and the results of verification made by GAMEKODE has the right to
block the account of the Buyer. GAMEKODE will use the documents solely for the
purpose of verification of the User compliance with the applicable anti-money
laundering regulations and assessment of his tax status. Failure to provide
these documents may constitute the reason to refuse the completion of the
purchase process on the Platform or removal of the account.
5.1. Joining GAMEKODE, using the Platform and opening
of a User’s account is free of charge for the Users with reservation of point
5.2. Use of selected payment channels may involve
payment of commissions or other fees to the payment service providers. The
commissions or other fees may vary depending on the payment services provider
used to execute the payment. A number of such commissions or other fees to be
charged are indicated on the payment selection page.
5.3. The User may make payments through the payment
channels available on the Platform. All the payment channels are described on
can be refunded up to 15 days after the transaction date whit a penalization of
30% of the payment received.
5.5. Pre-orders can be canceled at any time up to 3
days before the release date as long as the product, or any bonuses associated
with it, have not been delivered. Refund for pre-orders requested after that
time may be denied.
5.6. GAMEKODE may temporarily suspend the fees for
promotional purposes (e.g. free bidding days) or for the development of new
services. Such changes become effective once a temporary promotional period or
a new service is announced on the Platform.
5.7. All charges and commissions are denominated in
MXN otherwise changes will be communicated. The amounts of charges and
commissions are VAT exclusive and may be increased by the amount of VAT
according to the provisions of applicable law.
5.8. The User is obliged to pay all such fees and
taxes relating to his use of the services available on the Platform on time. If
certain payment method fails or an invoice is overdue, GAMEKODE reserves its
right to demand payment by way of another method of payment including all
possible additional costs of such method.
5.9. Any User who requests to make a payment through
one of the payment channels available on the Platform acknowledges and agrees
that the payment would be made through websites of the payment services
providers and that he will duly read and accept the terms and conditions
available on such websites before making a payment.
5.10. In the case of problems related to the payments
made through websites of the payment services providers, the User should contact
the payment services provider.
5.11. The User confirms and asserts that the funds
used to pay for any products and services offered on the Platform come from
6.1. Under the Customer Protection Program for an
increased price for the Product (on conditions set forth in point 8.2) the
Buyer is entitled to receive:
replacement product in the case the purchased Product had any defects or was
different from the description;
b) In the case
a replacement cannot be granted, the user needs to apply for a refund of the
sale price (5.4);
6.2. Customer Protection Program is available for
an individual Product and the price of participating in the Program is
indicated for each product on the product payment page. The Buyer may opt-in to
participate in the Program by checking the box on the product payment page.
6.3. In order to receive the replacement Product
or price refund as mentioned in (6.1-b), the Buyer should contact GAMEKODE via
the Support section of the Platform.
6.4. GAMEKODE will take all reasonable efforts to
process a complaint under the Customer Protection Program as soon as possible.
In any event, GAMEKODE will provide the Buyer, who acts as a consumer, with a
response to the complaint within 14 days from the day GAMEKODE receives the
consumer’s complaint. The funds will be refunded within 7 days from the
positive verification of the complaint.
6.5. The Buyer who violated the Terms &
Conditions, or has engaged in fraud or abuse of the Customer Protection Program
will not be entitled to receive any benefits under the Program. With respect to
the Buyers who engaged in fraud or abuse of the Customer Protection Program, GAMEKODE
has the right to reverse any refund already paid out to such a Buyer.
6.6. Refund of the sale price under the Customer
Protection Program will be made in the form of a transfer of funds to the
Balance of the Buyer available on his User account or to the original method of
payment. The Balance will amount to the net sale price paid by the Buyer. The
Balance may be used to purchase Products on the Platform. The Balance cannot be
paid out, transferred to a bank account of the User or redeemed for any other
6.7. The Customer Protection Program is fully
available and effective for the Buyer at the moment of the purchase of
6.8. The Buyer from Mexico, who acts as a consumer,
shall bear justified costs incurred by GAMEKODE if the Buyer withdraws from
Customer Protection Program before the end of the withdrawal period and after
giving express consent to begin the performance of the Customer Protection
Program before the end of the withdrawal period.
6.9. The Buyer has the possibility of having recourse
to an out-of-court complaint and redress mechanism, in particular the Buyer is
entitled to make use of the redress mechanism offered on the platform operated
by the Mexican Commission
6.10. Nothing in this section 8 excludes or limits the
application of the statutory protection measures which are applicable in
relations with the consumers.
7.1. The User acknowledges and accepts that it is
strictly forbidden to, and asserts that he will refrain from:
a) Using the
Platform for purposes other than the use of services offered by GAMEKODE on the
Platform, specified in the Terms & Conditions;
b) Using the
Platform for purposes not permitted by domestic or international law or aimed
at the violation of such laws or third party rights, including intellectual
property rights, copyrights, personality rights, or rights relating to personal
false or misleading information, which may be detrimental to or may expose GAMEKODE,
any User or third parties to any harm or damages;
Impersonating another person or entity, whether existing or fictional or
falsely maintaining to be related to any other person or entity, which may be
caused or may expose GAMEKODE, any User or third parties to any harm or
Circumventing or disabling the Platform’s security;
offending, or deceiving other Users of the Platform;
g) Breaking the
Platform’s source code or any parts thereof, manipulating it in any way, or
modifying, adapting, translating the Platform or any parts thereof, or creating
any derivative works on its basis;
the Platform’s activity or disturbing other Users in using the Platform, in
particular by uploading and circulating viruses or any other detrimental
software such as adware, spyware, etc;
access passwords of other Users or breaking into the accounts of other Users,
including any attempts thereto;
payments with the use of funds from unlawful or undisclosed sources, in
particular coming from other people or stolen credit/debit/prepaid cards;
k) Using the
Platform for money laundering purposes or any related fraudulent or criminal
7.2. Any person whose rights were violated by any
content published on the Platform is obliged to notify GAMEKODE of the
violation at the following email address: firstname.lastname@example.org, customer
service or preferably through the Support section of the Platform The
notifications should indicate:
a) The right
violated and the confirmation of the title to such rights;
b) The data,
and the location of the data on the Platform, or the website which constituted
or caused the violation,
evidence, including documents, proving the legal title to the data and the
right to take the actions in order to protect such right,
that the User has no right to such data;
data of the person filing the notification whose rights were violated,
including name, surname, residential address, email address, and in the case of
legal persons – business name and the address of the registered seat, which
will be processed by GAMEKODE according to the Terms & Conditions.
7.3. Upon receipt of a credible notification, GAMEKODE
will immediately remove the data from the Platform and inform the User who is
responsible for making available of this data on the Platform that a
notification has been filed.
7.4. The User may reply to the notification by
presenting the evidence which proves his rights to make available the data
indicated in the notification, such as license or ownership rights to the
7.5. The data will be indefinitely deleted from
the Platform in the case:
a) It is not
possible to determine the User who made available the data on the Platform,
b) The User
does not respond to the notification within 14 days from the date when the
information about such notification was sent to the user by GAMEKODE,
c) The User
presents no evidence that he is entitled to make available the data,
d) The User
fails to conclude an agreement with the person filing the notifications, which
will allow for further publication or use of the data by the User on the
is submitted by competent authorities,
receives credible information that the data available on the Platform is
illegal or unlawful, even if no notification was filed.
Intellectual Property and personal data protection
8.1. GAMEKODE owns all intellectual property
rights to and in the Platform, and in the materials published on it, except for
the texts, photography, software or other materials uploaded, transmitted, made
available or published by the Users. The intellectual property rights of GAMEKODE
are protected by copyright laws around the world. All such rights are reserved.
8.2. Within the scope permitted by applicable law, by
adding any content to the Platform, the User grants GAMEKODE a non-exclusive,
worldwide, permanent, irrevocable and free license to use the content uploaded
to the Platform. The license includes the rights to use the content for any and
all purposes and in particular reproduction with use of all techniques,
including digital, distribution of copies and dissemination in all channels (in
particular Internet and Platform itself), replication, modification,
translation, making available the work to the public in such a manner that
anyone could access it at a place and time selected thereby, creation, use and
disposal of works derived from the user content, any other actions related to
daily operation and promotion of the Platform. By uploading any content, the
User confirms that it is entitled to grant such a license (i.e. covering exploitation
of any and all IP rights related to copyrightable works, databases, images of
natural persons and any other objects of applicable IP laws). The license is
granted for an unspecified period of time; the notice of termination may be
submitted by the User the earliest along with termination of the User status
with one-year notice period (effective as of the end of the calendar year).
Along with the license, the User grants GAMEKODE a right to modify content
uploaded to the Platform, to use and dispose of derivative works to the content
uploaded to the Platform and to exercise derivative copyrights applicable
thereto vis-à-vis third persons – all on the fields of exploitation listed
above in this section 11.2.
8.3. Unauthorized use, copying, modification or
publication of any content or materials available on the Platform without
obtaining a license to do so from GAMEKODE is strictly forbidden.
8.4. GAMEKODE is a data controller User’s personal
data. Your personal data will be processed by GAMEKODE for the purposes
specified in these Terms and Conditions, in particular in point 6.1, for the
purposes of settlement of complaints and marketing of products and services of GAMEKODE.
Processing of your personal data for the above purposes is lawful as it is
necessary for performance of contract concluded with the User (article 6.1 (b)
of the GDPR) and for the purposes of legitimate interests pursued by GAMEKODE
i.e.(article 6.1 (f) of the GDPR) i.e. marketing of own products and services
of data controller. GAMEKODE uses appropriate and suitable safeguards required
by provisions on personal data protection such as Standard Contractual Clauses
when transferring personal data outside the EEA. The personal data will be
stored for the period of 6 years from the date of their last modification. The
User has the right to request from GAMEKODE access to and rectification or
erasure of his/her personal data or restriction of processing or to object to
processing as well as the right to data portability. The User has also the
right to lodge a complaint with a supervisory authority. Collection of User’s
personal data is entirely voluntary, however if the User does not provide GAMEKODE
his personal data GAMEKODE will not be able to perform contract with the User
and to process personal data for the purposes mentioned above. In case of any
questions or inquiries concerning your personal data please contact: email@example.com.
GAMEKODE may use User personal data, including information about User’s
purchases, chosen products, amounts spent and frequency of purchases to analyze
User’s preferences, interests and behavior and to make User’s profile. For
example, GAMEKODE may predict User’s personal preferences and interest
concerning User’s purchases based on the above information. If User consented
to receive marketing electronic communication, User may receive targeted
marketing communication created automatically in our databases on the basis of
his/her profile. In such communication GAMEKODE may suggest offers that may be
of User interest, based on User profile. GAMEKODE’s aim is to provide updates
on offers or products User may like. GAMEKODE will not subject User to a
decision based solely on automated processing that produces legal effects
concerning User or similarly significantly affects User. firstname.lastname@example.org.
8.5. GAMEKODE uses Google Analytics and Google
Remarketing web analytics services provided by Google Inc., 1600 Amphitheatre
Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics and Google
Remarketing use “cookies” – text files which are stored on User device and
allow GAMEKODE to analyze use of GAMEKODE websites. The information generated
by the cookie through the use of websites is generally transmitted to a Google
server in the USA and stored there. If IP anonymization is activated on this
website, however, IP address will be truncated in advance within the member
states of the Mexican Economic Area. Only in exceptional circumstances will the
full IP address be transmitted to a Google server in the USA and truncated
there. The IP address transmitted from browser in the context of Google
Analytics will not be conflated with other Google data. Google will use the
information to evaluate use of GAMEKODE websites, to prepare reports about
websites activities for website operators, and to provide other services
related to websites activity and Internet usage. GAMEKODE legitimate interest
in data processing is also for these purposes. The legal basis for the use of
Google Analytics is article 6.1 (f) of the GDPR. The data sent by GAMEKODE and
connected to cookies, User information (such as user ID), and promotional IDs
are deleted after months after the last use of website. Data whose storage
period has expired is automatically deleted once a month. The User can prevent
the installation of cookies by setting browser software accordingly; however,
if User does this, User may not be able to use the full functionality of
websites. The User can opt-out of the collection of data for the future at any
time by using the Google Analytics Opt-out Browser Add-on at:
https://tools.google.com/dlpage/gaoptout?hl=en GAMEKODE websites use the
functions of Google Analytics Remarketing in connection with the cross-device
functions of Google AdWords and Google DoubleClick. This function enables the
target groups created with Google Analytics Remarketing to be linked with the
cross-device functions of Google AdWords and Google DoubleClick. In this way,
interest-related, personalized advertising messages that were adapted to User
depending on User’s previous usage and surfing behavior on one device (e.g.
mobile phone) can also be displayed on another of User devices (e.g. tablet or
PC). User can permanently object to cross-device remarketing/targeting by
disabling personalized advertising in by following this link:
https://www.google.com/settings/ads/onweb/. More information on the terms and
conditions of use and data protection can be found at
8.6. The product Facebook Custom Audiences
(Facebook Custom Audiences1601 S. California Avenue, Palo Alto, CA, 94304) is
also used as part of usage-based online advertising. An irreversible and
non-personally identifiable checksum (hash total) is essentially generated by
User usage data, which can be transmitted to Facebook for analysis and marketing
purposes. A Facebook cookie is set in this process. In doing so, information
about User activities on the website (such as surfing behavior, subpages
visited, etc.) is collected. User IP address is stored and used for
geographical modulation. More information about the purpose and extent of data
collection and further processing and use of data, as well as privacy settings,
9.1. With regard to the Users, who do not act as
consumers, GAMEKODE is not responsible with respect to any damages resulting
a) the use of
the Platform, accessing it or the inability to use the Platform by a User due
to force majeure or any other reasons beyond GAMEKODE control, including the
damages caused by the viruses which may be transferred to the Platform or
through the Platform by third parties;
a) violation by
the User of these Terms & Conditions, including submission of false data or
submission of false or untrue statements or providing access to private data or
information to the third party;
b) any harm,
damage, claims, compensation, nonpecuniary damages in relation to claims of one
User against another User;
9.2. GAMEKODE is not responsible with respect to
any damages resulting from the accounting and tax settlements of the Users as
well as the compliance of their tax returns, ledgers and accounting books with
the applicable laws.
9.3. Using malicious software (scripts, bots, hacks)
for the purpose of gaining an unlawful advantage over the competition or to
abuse any of the promotions or deals available on the Platform is prohibited.
Any accounts and Users associated with such actions will be held responsible.
This may result in the account(s) being terminated and any due money withheld
from being returned and/or paid to the User(s).
10.1. Any complaints related to the services rendered
by GAMEKODE, in particular with the functioning of the Platform and Customer
Protection Program, should be sent by email to the following email address:
email@example.com. The complaint should be resolved within 14 days from the
date of delivery of the complaint to GAMEKODE.
10.2. Any complaint should include a detailed
description of the problem, any evidence which may serve to prove the problem
and the suggested solution satisfactory for the User.
11.1. The agreement between the User and GAMEKODE
for the provision of services specified in point 6.1 is concluded for an
indefinite period of time.
11.2. The User and GAMEKODE have the right to
terminate the agreement.
11.3. GAMEKODE may terminate the agreement without a
cause by deleting User’s account or blocking User’s access to the Platform upon
a 14 days’ written notice.
11.4. The User may terminate the agreement without a
cause at any time by requesting GAMEKODE to delete the User’s account on the
Platform. GAMEKODE is obliged to issue a written confirmation of receipt of the
request and delete the account within 7 days from receipt thereof. After such
period the agreement is terminated.
11.5. In the case of gross violations of the Terms
& Conditions, GAMEKODE has the right to terminate the agreement with
11.6. Any communication with the Platform
administration shall be made by email to the address: firstname.lastname@example.org.
11.7. Without prejudice to the provision of law
applicable in relations with the consumers, the Terms & Conditions and any
other documents related to the functioning of the Platform and services
rendered through the Platform are governed by and should be interpreted in
accordance with laws of México.
11.8. If any provision of the Terms & Condition
proves to be invalid or ineffective, it will not affect the validity of the
remaining provisions. Invalid or ineffective provision will be replaced by such
valid provision which reflects the economic value, the intention of the parties
and objective of the invalid or ineffective provisions to the highest extent.
The pertinent clause does not apply to the Users who act as consumers.
12.1. The user can be rewarded for referring GAMEKODE.com
to other users by being offered 1% commission from the purchase of the referred
12.2. Payment for the sale of a product will be
approved to your balance after 7 days from the date of the transaction.
12.3. Minimum commission amount for withdrawal is 5
MXN and maximum: 250 MXN. Payments shall be transferred via PayPal. Transaction
fees shall be covered by the affiliate.
12.4. The referred user has to make a transaction
within 24 hours after clicking the referral link. After that period the user
should renew the process by using the link again.
12.5. GAMEKODE reserves the right to decline user’s
activity and canceled all funds gathered if the activity is found suspicious or
forbidden practices are applied.
12.6.1 Using “GAMEKODE” trademark name as a keyword
in PPC campaigns.
12.6.2 Using the GAMEKODE affiliate program
simultaneously with other affiliate programs that include rewards for referring
12.6.3 Using illegal, malicious or unethical
practices to advertise GAMEKODE. Pop-ups, misleading users, iframes etc.
12.6.4 Using several accounts
12.6.5 Using affiliate program for several purchases from
one account in order to decrease the product price.
12.6.6 Using discount coupon websites for
distributing affiliate links without prior agreement with GAMEKODE.
12.7. GAMEKODE affiliate program is designed for individual
users. Businesses should contact GAMEKODE in regards to establishing an
agreement before using the affiliate program. In specific Coupon Websites and
Price Comparison Websites.
12.8. GAMEKODE reserves the right to exclude
specific products and discount coupons from applying affiliate commission.
12.9. GAMEKODE reserves the right to change the terms
at any time.