General Conditions of Use for www.gamblejoe.com
1.1
These general conditions of use applies for all legal relationships of GJ International Ltd., Centris Business Gateway, Level 2M, Triq Is-Salib Ta’ L-Imriehel, Central Business District, Zone 3, CBD3020 Birkirkara, Malta (hereinafter: “GJ“) with users of the internet site www.gamblejoe.com and all subpages (hereinafter also: “website”). Anyone who is registered on our internet page or enters into a contract with GJ to use the website is regarded as a user.
1.2
Deviating regulations of the user do not apply, unless GJ has confirmed these expressly in writing. Individual agreements shall always have priority.
1.3
These general conditions of use shall be subject to and shall be construed in accordance with the laws of Malta. In the event of a dispute arising between the Parties, the Parties hereby undertake to attempt to resolve the dispute amicably and if necessary, with the assistance of a qualified lawyer/s. In case of failure to reach an amicable settlement, the said dispute shall be subject to the exclusive jurisdiction of the Courts of Malta, and/or Maltese competent Tribunals.
1.4
The obligation to provide information according to the Consumer Dispute Settlement Act (§ 36 VSBG): GJ is neither ready, nor obliged to participate in further dispute resolution service in front of an arbitration board.
1.5
In the event of a discrepancy between the English version and the German version of these terms and conditions, the German version shall prevail.
2.1
www.gamblejoe.com is an online casino comparison portal and a community for the exchange of experiences with online casinos, online games and online sports betting providers and also for the sharing of content as pictures and videos of winnings. Interested persons can present themselves, network and inform each other on the platform. GJ offers a free service, which allows members of the community to upload pictures of winnings and videos of online casinos, to rate online casinos, rate accessed games, comment on articles, pictures, videos and games, open a debate in the forum and answer other users, create a profile with avatar as well as to contact other users through the communicator.
2.2
GJ can use links to refer users of the website to third-party content and applications (hereinafter “third-party content”). Such third party applications are clearly marked by means of a corresponding notice. If and insofar in connection with third party websites there is an offer to conclude an agreement, this will be concluded solely with the respective third party provider.
2.3
GJ can limit the access to its own services, where required, for the security of the network operation, the maintenance of network integrity, especially to avoid severe disturbances of the network, the software or the saved data.
It is possible to visit the website as a guest even without registration. It is however not possible to make active use of the opportunities on the website, but just to read and view the information in the forum posted by other users and to view the news and information about online casinos and online games which are available, as well as view the pictures and videos of winnings uploaded by users.
4.1
The active use of the website is only possible after registering as a member. GJ reserves the right, to suspend in whole or in part the user possibilities with a termination period of 4 weeks.
4.2
The registration is completed after user access is initiated, whereby every user must accept these General Conditions of Use. By completing the registration process, a contract about the use of the website comes into existence between GJ and the particular user (hereinafter: “contract of use”). Until the registration access is completed, the user can correct his details using the usual keyboard and mouse function directly in the relevant entry fields. Following the registration, the user receives an email with a confirmation link on the indicated email address. Only when the confirmation link is clicked and thus the email is verified, is a registration on www.gamblejoe.com as a registered member possible. GJ confirms by email to the user that the contract of use has been concluded. With this email the user receives also these General Conditions of Use. Users shall not be entitled to enter into a contract of use.
4.3
Only individual persons of full legal capacity are eligible to register. The user commits to being of legal age at the time of registration. Minors may not register with GJ. Each user may have only one access. GJ reserves the right to delete multiple accounts and to exclude the user completely from using the website as a registered member. The access cannot be transferred.
4.4
One only needs a valid email address to register with www.gamblejoe.com. The requested email at registration point is to be given completely and correctly. Should the email address change after registration, then the user is obligated to correct the data immediately. When registering, the user must assign an individual user name and password. After registration, the user can enter further data in his or her profile e.g. birthday, occupation, place of residence or favourite game. This information is provided solely voluntary and is not necessary to make use of the website. The information - with exception of the birth date - will be published on the profile and for data protection reasons it is only visible to all registered users.
4.5
The user has to ensure that the data entered is complete and correct. The user is bound to keep the data right and complete during the whole duration of the contract.
4.6
During registration, the users will specify a user name and choose a password. Communication between GJ and the users will follow through the email address indicated. Users must keep the password secret.
4.7
Each user is bound to inform GJ immediately, when there is an indication that his or her user access is being misused. Each user bears the liability for all activities, which are carried out, when his or her access is being used, and GJ is released from any possible claims from damages from third parties, except if the user is not responsible for the misuse.
4.8
Registered users receive points for active use of the website. The overall status of the monthly collected points will be shown to the users on their dashboard. The current list of how many points are awarded for which activities can be found by users on the website. The points only serve for rating the activity of the user and for participation in the lottery. (Paragraph 9). A pay out transfer or other utilisation of the points is excluded.
5.1
The internet platform GambleJoe can include the option to offer virtual currency ("GJ Coins"). These GJ Coins cannot be acquired by depositing real money. Registered members can receive GJ Coins for their active help in improving the internet platform. This virtual currency can be used solely for the exchange in voucher codes.
5.2
GJ has the absolute right, as well as sole control to manage, control, regulate, change or remove the virtual currency, in its sole discretion.
5.3
Should a user account be terminated or blocked through the sole discretion of GJ or should GJ stop providing this platform, the user waives all the rights for virtual currency. GJ assumes no liability towards users or other persons in relation to enforcement of these rights.
5.4
On the first of each month, a check is made to see if there are any members who have not logged into our platform for more than 180 days. If this is the case, an inactivity deduction of 5 GJ Coins will automatically be made from the respective user account. If there are less than 5 GJ Coins in the member's GJ Coin account at that time, the account will be set to 0.
5.5
GJ would like to point out, that when GJ Coins are changed into voucher codes, a possible taxable gain may arise for the platform user. This gain is, depending on the valid law, to be registered for example at the Employment Office or Tax Office.
6.1
The registration as a member has no time limit. A member can cancel his or her user contract at any time without giving any reason. This can be done through a link in the settings and the period of notice is of 3 months. To protect the user profile from unauthorised deletion, the password must be entered.
6.2
Registered members have the possibility to suspend the access to their profile temporarily for a self-chosen period of time. During this period of time, a claim for the services for registered users (Paragraph 4) is not possible, especially no uploading of content or participation in the lottery. The user can during this time only log in to change the profile details or to cancel his or her account.
6.3
GJ reserves the right to stop the website completely. The user will hereby be informed by email at least 3 months before.
6.4
The right to terminate the contract for an important reason remains unaffected for GJ and the user. An important reason can in particular be, when the user has breached the obligations of these General Conditions of Use, laws, third party rights or data protection guidelines and GJ taking into account all relevant factors in the case and after weighing the interests of both parties, cannot be expected to continue the contractual relationship up to the agreed termination date or until expiry of the notice period. A termination for an important reason is only possible within an appropriate period of time after becoming aware of the infringement.
6.5
In the case of cancellation, the available balance of the virtual currency ("GJ Coins") of the user expires. A claim for payment of the available balance expires after one has applied for the removal of the account.
7.1
The contributions of users on the website are basically not controlled by GJ. However, should GJ become aware, that the user has infringed these conditions of use or has violated the statuary regulations, with his or her contribution, then the illegal content will be removed or access to it will be blocked.
7.2
Contents represent in no way the opinion of GJ and GJ does not adopt them.
7.3
Users are only allowed to upload pictures or videos, which show their own winnings with real or bonus money in the respective casinos. In case that they have played with bonus money, the user should indicate in the picture description, or in a comment, if the winnings could be paid out.
7.4
Every user is obliged not to use the offers on the website to publish content or deliver messages, which are, or have settings which
- are offensive, pornographic, racist or offensive in any other way,
- are unobjective or deliberately untrue,
- infringe the rights of third parties, especially copyright or personal rights,
- violate applicable laws in any other way or which constitute a criminal offence,
- contain viruses or other computer programmes which damage software and hardware or which may affect the use of computers,
- are surveys or chain letters or disguised advertising, or
- serve the purpose of collecting and/or using personal data of other users, for commercial purposes.
7.5
Should GJ become aware of an infringement against the above provisions, it then reserves the right to change or delete the content. Should third parties make a claim for damages from GJ, then the responsible user should exempt GJ.
8.1
GJ can take the following measures, when there is strong concrete evidence, that a user has infringed regulations, third party rights or these general conditions of use, or when GJ has a legitimate interest, especially to protect the other users:
- reprimanding users,
- temporary, partly or permanently disabling access.
8.2
GJ can also exclude a user permanently from using the website actively (permanently blocked), when the user has given false contact details upon registration , especially a false or invalid email address, when he or she harms other users or providers to a considerable extent or when there is another important reason.
8.3
In case an account is blocked, the available balance of the virtual currency ("GJ Coins") will expire.
8.4
As soon as a user is temporarily or permanently blocked, the user is not allowed to use the website even with other user accesses and is not allowed to register again.
9.1
The user grants GJ a non-exclusive, free of charge licence, with no restrictions on space and time, to host, to use, to distribute, to run, to copy, to present in public or to show, to translate and to create derivative works from the uploaded contents, e.g. contributions in forum, pictures and videos of winnings. The use of these contents by GJ is limited to or in connection with the website www.gamblejoe.com.
9.2
The user grants GJ the right to modify and to edit uploaded pictures and videos, and subsequently publish them on the website with no restrictions on space and time.
9.3
These rights of use remain valid even after cancellation of the contract of use. GJ will however then only publish these contents anonymously.
9.4
The user is solely responsible, that he or she has all the rights of the content that he or she publishes and that through this content no rights of third parties, e.g. copyrights and personal rights, are violated.
10.1
GJ organises regular lotteries. The possible winnings and participating conditions will be published on the website.
10.2
All registered users, who in the two months preceding the date of drawing have collected the minimum required points per month as indicated in the participating conditions are eligible to take part (cf. Paragraph 4.8). Eligible users automatically take part in the monthly lottery, unless they have refused to participate.
10.3
The winners will be notified through a notice on their dashboard about their winnings. There is no right of appeal.
10.4
The draw will be recorded and published in a drawing video on the website. Besides this, the winners can be mentioned in the forum and in a news report on the website.
10.5
Eligible users can refuse to take part in the lottery, by deactivating the automatic participation in the settings on www.gamblejoe.com.
11.1
There is no automatic right of access and accessibility of the website.
11.2
Users may not use any mechanisms, software or other scripts in connection with the use of the website, which can cause interference to the functioning of the website, particularly those that make it possible to generate automatic page impressions.
11.3
Users may not take any measures that could result in an unreasonable or excessive load on the infrastructure.
11.4
Users may not block, overwrite or modify any of the GJ generated content or interfere in the website in other ways.
12.1
GJ shall not be liable for information and documentation provided on the website being complete and right and it being accurate and current. This applies also to any links that are included on the website. GJ shall not be liable for the content of the site, which is accessed with such a link.
12.2
Apart from the liability for damage compensation claims extending beyond liability for property and legal defect, GJ shall be liable without limitation, if the cause of damage is based on intent or criminal negligence. GJ is liable also for negligent breach of major obligations (obligations, the breach of which threatens the fulfilment of the purpose of contract) as well as for the breach of cardinal obligations (obligations, the fulfilment of which have to be fulfilled in the first place in order for a contract to be duly implemented and where the user can regularly have confidence that they will be observed), however this is limited to the foreseeable contract-typical damages. In particular, GJ is liable for the loss of data only to the extent of the level of effort which is needed, if a user has performed a full data back-up regularly and with adequate precautions and thus has ensured that the lost data can be restored with reasonable effort. GJ is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.
12.3
The limitations of liability outlined in the above paragraph shall not apply in the event of loss of life or injury to body or health, for a defect after assumption of a guarantee and for fraudulently concealed defects.
12.4
If liability of GJ is excluded or limited, this applies also to the personal liability of employees, representatives and agents.
13.1
Every user is solely responsible for the interaction with other users in the community
13.2
GJ reserves the right, to mediate in conflicts between users, is however in no way bound to do so.
13.3
GJ assumes no liability for results of these conflicts, including any kind of claims for damage and/or demands.
14.1
The user is aware, and hereby grants his consent, that the personal data needed for handling the contractual relationship are stored on the data media. The user explicitly consents to the collection, processing, saving and other use of his or her personal data for the purpose of the implementation of the contract for use. This includes all data, needed for the correct handling of the contract that has materialised between the user and GJ, especially the email address, but also the anonymous evaluation of the files that were requested, as well as the name of the file, the time and the date of the query, the quantity of data transmitted, the status of access (file was transmitted, file was not found etc.), a description of the type of web browser used.
14.2
The saved personal data shall be treated in strict confidence by GJ, as the data controller. The collection, processing and use of the personal data is conducted within the framework of the data protection regulation (GDPR), of the Federal Data Protection Act (FDPA) as well as of the Telemedia Act (TMG). The user has the right to withdraw his consent at any time with affect for the future. GJ is in this case obliged to delete the personal details of the user, insofar as the legal requirements are met. In case of an ongoing contractual relationship, the deletion will take place after the termination of the contract.
14.3
The usage behaviour will be recorded to determine the activity of the user. These recordings serve only for the purpose of determining the number of points and after participation eligibility has been determined and after the lottery has been implemented and processed, the recording will be deleted.
14.4
The personal data which is available through the registration will be processed for participation in the lottery. The user agrees, that his or her user name will be published on the website for purposes of the competition. Registered users have the possibility of preventing this processing of data by deactivating the automatic participation in the lottery (Paragraph 9.5)
14.5
If the legal requirements are met, users have the right to information about the personal data saved by GJ (Art. 15 GDPR), the right to demand data rectification (Art. 16 GDPR), the right to demand data deletion after the expiry of the statutory retention period, as long as there is no legal obligation of retention (Art. 17 GDPR), the right to demand the restriction of data processing (Art. 18 GDPR), the right of data transferability (Art. 20 GDPR) as well as the right to object to the processing of your personal data (Art. 21 GDPR). Besides the client has the right to appeal to a supervisory authority.
GJ reserves the right to amend these General Terms and Conditions at any time and without giving any reasons. The amended Terms and Conditions will be shown to the user upon logging in. The user then has the possibility to agree to the changes, to continue using the service of the website or to cancel the contract of use.
If a clause of this contract is considered invalid, the other provisions still remain valid. The invalid clause shall be deemed replaced by one that in a legally valid manner comes closest to the sense and purpose of the invalid clause in a legally effective form. The same shall apply for any legal gaps.
Version 31.05.2023