Terms and conditions
Effective date: 31 March, 2023
These Terms constitute a binding legal agreement between LAVA GAMES - FZCO, ("Banksters", "Company", "us" or "we") and you, and govern your access and use of all features and other services provided by Company, including without limitation our Website and the Game (collectively the "Services").
We may revise the Terms at any time without notice by updating the Terms on our Services. You should periodically visit these Terms to review the current terms that apply to your use of the Services. Any use of the Services by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Services, or any part thereof without notice.
By registering an Account or otherwise accessing the Services, to the maximum extent permitted under Applicable Law (as defined further below), you agree that any claim, dispute or controversy of whatever nature arising out of or relating to these Terms, or your use of the Services shall be resolved accordance with the process described in Section 17. "Miscellaneous" below.
For the purpose of this Agreement, the following capitalized terms shall have the meaning ascribed to them hereunder:
- "Account" means an account you created via our Website that allow you to access the Services.
- "Account Information" means any type of information that we may require from Users at the registration process, including but not limited to email address, username, and password.
- "Affiliate" means Company's subsidiaries, joint ventures and other corporate entities and their agents, consultant, employees, officers and directors.
- "Agreements" as defined in these Terms.
- "Applicable Law" means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental authority having competent jurisdiction over, or application, related to the Users, or subject matter in question.
- "Banksters", "Company", "us" or "we" as defined in these Terms.
- "Digital Asset" means any fungible or non-fungible cryptographic token or any other crypto asset, which may be transferred or stored electronically using distributed ledger technology or similar technology.
- "Fiat" means traditional currencies, commonly recognized by governments as legal tender.
- "Game" means gaming platform allowing Users to compete with each other in simulated crypto trading inspired skill-based tournaments.
- “User(s)”, "you" or "your" means a natural person or legal entity that accesses and/or registers to our Services.
- "Intellectual Property Rights" means any patents, trademarks, copyrights, design rights (whether registrable or not), logos, copyright, trade names business, domain names, service marks, moral rights, know-how, trade secrets, rights in databases, rights in computer software and any other similar rights or obligations whether registrable or not (and including all applications and renewals or extensions of such rights) in any country.
- "Personal Wallet" as defined in Section 3.
- "Restricted Territories" means
- territories listed below; and/or
- a country or territory that is the subject of country wide or territory wide sanctions, embargoes, or other restrictive measures administered or enforced by any country or government or inter-governmental organization; and/or
- any other jurisdiction which prohibits the use of the Services or receipt of Services or any such similar activity.
The Restricted Territories shall also include Afghanistan, Algeria, Bolivia, Central African Republic, China, Columbia, Cuba, Crimea, Democratic People's Republic of Korea (North Korea), Democratic Republic of the Congo, Ecuador, Egypt, Guinea, Guinea-Bissau, Israel, Iran, Lebanon, Libya, Morocco, Myanmar (Burma), Nepal, North Macedonia, Russia, Somalia, South Sudan, Sudan, Syria, Turkey, United States of America, Venezuela, Vietnam, Yemen, Zimbabwe.
- "Restricted Persons" means any restricted persons who are not permitted to use or access the Services and shall refer to any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is (a) established or lawfully existing under the laws of a Restricted Territories or (b) is listed on a sanctions list by the governments of the United States or Israel.
- "Services" as defined in these Terms.
- "Terms" means the terms and conditions on the Website as may be varied from time to time.
- "Third Party Services" as defined in Section 11.
- "Virtual Items" means virtual in-game currency, including but not limited to virtual coins, points, credits, bonuses all for use in the Services which is not transferred or stored electronically using distributed ledger technology or similar technology.
- "Website(s)" means the site, banksters.com and any other sites as defined by the Company, at its sole discretion, from time to time.
2. Use of our Services
You acknowledge that winners of the Game are determined solely by the objective criteria described in the rules, scoring, and any other applicable documentation associated with the Services. From all entries received for each tournament, the User who uses the relevant skill and knowledge to accumulate the winning score or points according to the corresponding rules will be the winner. The Services may not be used for any form of gambling, trading or any other regulated, restricted or prohibited activity.
3. Disclaimer and Risk Disclosure
When using our Services, you understand and accept that the Services or any part thereof are not, nor should they be considered as –
- The provision of investment advice;
- Portfolio management;
- Financial advice;
- Virtual asset, crypto asset or Digital Asset exchange, custody or trading platform;
- Option or any derivative or financial instrument;
- Investment services or activities;
- Any other financial service, virtual asset service or crypto-asset service;
- Ancillary services under any applicable law;
- Tax or legal advice;
- Any other regulated activity; or
- Endorsement of any third party providing one of the aforementioned activities, or equivalent of any of the above under any Applicable Law.
The Services do not allow its users to conduct any trading activity with regard to any Digital Assets or any financial instrument, and are provided solely for entertainment purposes.
The Services are not regulated by any virtual asset, crypto-asset, financial services, or investor protection laws, and you will not benefit from protections and remedies which are available to clients of regulated services against any damages arising from your use of the Services.
In addition, you are aware and acknowledge that the 'Wallet' feature is provided for demonstration purposes only and currently has no other use case within the Services. Furthermore, you are aware and acknowledge that only wallets chosen by the Company at its sole discretion may be used for such purpose. You understand and acknowledge that we do not have custody, access or control over the digital wallet you choose to connect via a 'Wallet' feature ("Personal Wallet") or any Digital Asset or private cryptographic key related to Digital Asset contained therein.
In any case, you are solely responsible for your Personal Wallet and any aspect or use thereof, including but not limited to the security, safety and confidentiality of private cryptographic keys or passphrases, and you are aware of the importance of not sharing your private cryptographic keys or passphrases associated with your Personal Wallet. You accept that if you discover any issue related to your Personal Wallet, you shall only contact your Personal Wallet provider. Please note that while using the Services you may encounter links or reference to third party website, services or applications (including extensions, such as Metamask extension), please keep in mind that these Terms do not apply to any third party website, service or application (including any extension), even if they are accessible, downloadable, or otherwise distributed through the Services. Please be advised that such third party websites, services or applications are separate and independent from us. We assume no responsibility or liability whatsoever with regard to any legal matter with respect to such third party websites and/or services.
You are knowingly and voluntarily assuming all risks of using any third-party websites, services or applications, including your Personal Wallet. You agree that we shall have no liability whatsoever with respect to such third party sites and your usage of them, including your use of your Personal Wallet.
By accessing or using the Services, you acknowledge that there are significant risks associated with Digital Assets, and you are solely responsible to make sure you understand such risks and assess whether such risks are appropriate for you. The risk disclosure below lists some, but not all the risks involved in purchasing, holding, trading and using digital assets. This risk disclosure is intended to provide you with a general outline of the risks involved, but cannot capture all such risks.
By accessing and using the Services, you acknowledge and represent that you are aware of the risks associated with purchasing, holding, trading or using Digital Assets, including, without limitations, risks related to (i) the uncertainty regarding the legal status of Digital Assets, as well as commercial activities involving digital assets, in many jurisdictions; (ii) unknown or unintentionally weakness and bugs that may exist in the underlying blockchain systems, smart contracts and related platforms; (iii) exploitation of the related platforms by users for illegal purposes (for example, money laundering and frauds); (iv) transactions on blockchain systems are, in principle, irreversible, meaning that transactions for incorrect addresses may result in the loss of said funds; (v) liquidity and market risk that could lead to significant drop in the value of digital assets, and even erasure of their total value; (vi) past performance is no guarantee of future results; and (vii) any other risk associated with the purchase, trading, holding or use of Digital Assets.
The prices of Digital Assets fluctuate, sometimes dramatically. The price of a Digital Assets may move up or down, and the specific digital assets may become valueless. Digital Assets are generally a high-risk asset class. You should exercise caution in relation to the Digital Assets trading, and Digital Assets themselves.
The value of Digital Assets may be derived from the continued willingness of market participants to exchange digital assets for Fiat or other Digital Assets. If such willingness is abolished for any reason, this may result in the potential for a permanent and total loss of value.
Transactions involving Digital Assets are irrevocable. Lost or stolen Digital Assets may be irretrievable. Once a transaction has been verified and recorded on a blockchain or transfer to digital wallet.
You acknowledge and understand that Digital Assets are not legal tender in some jurisdictions. They may not be backed by physical assets, and are not backed or guaranteed by a government.
Legislative and regulatory changes or actions may adversely affect the use, transfer, trading, exchange, and value of Digital Assets.
These Services are intended solely for Users who are eighteen (18) years of age (unless the applicable age of majority in your state of residence is higher) or older, and any registration, use, or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. If we have any reason to believe that you are under 18 years of age (or the applicable legal age), we may terminate your Account, delete any information that you have submitted to the Services, forfeit any Virtual Items, and prohibit you from using or accessing the Services (or any portion, aspect or feature thereof).
By accessing and/or otherwise using the Services, you represent and warrant that you –
- Are over the age of eighteen (18) and/or over the legal age of majority under Applicable Law in the jurisdiction in which you reside;
- Have the legal power to form a binding contract with the Company;
- Are physically located in a jurisdiction in which participation in the Game (including tournaments) is unrestricted by that jurisdiction’s laws; and
- Agree to at all times abide by these Terms and all Applicable Laws.
If you do not meet all of the abovementioned requirements, you must not access and/or use any part of the Services, and we may suspend or close your Account with or without notice.
The Company's employees and immediate family members (including the following - any domestic partner or relative of the employee who resides at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public tournaments hosted on the Services.
5. Account Information
To access or use the Services, you must create an Account with us via our Website. Please note that the Services may not be fully compatible with all platforms, devices, and operating systems, therefore we encourage you to verify all the compatibility requirements yourself and update where it is needed third party software from time to time in order to receive the Services.
When you create an Account, you will be asked to provide information, which may involve:
- Registering a unique username and password;
- Providing contact information, such as your email address;
- Providing any other information that we may request during the Account registration process.
By accessing or using our Services, you agree to abide by all of the following:
- You are solely responsible for keeping your Account secure and for anything that occurs on your Account, whether or not these actions were taken by you or an unauthorized third party that has gained access to your Account;
- You shall only register for a single Account and you shall not use or access multiple Accounts at the same time;
- You shall not create an Account with a false identity or provide incorrect information, or create an Account on behalf of someone other than yourself;
- You shall not share with, give access to your Account Information to anyone, or do anything else that might jeopardize your Account security;
- You shall notify us immediately, as detailed in the section "Contact Us" of these Terms, if you have lost control of your password or you suspect there is an unauthorized activity in your Account, including theft, unauthorized disclosure of your Account Information;
- You shall ensure that you log out or exit from your Account (if applicable) at the end of each login to our Services;
- You have reached the age of majority both in the territory in which you reside in and in the territory of your citizenship according to Section 4 of these Terms;
- You are legally capable of entering into a binding contract, and you are not aware of any legal, regulatory, commercial, contractual or other restriction against your participation in our Services in accordance with these Terms;
- Your use of the Services does not violate any Applicable Laws;
- You are not a Restricted Person or a citizen, national, resident (tax or otherwise) of Restricted Territories;
- You will not hold us responsible or liable, for any loss, damage, unauthorized access, or any breach of your Account and the disclosure of your Account Information.
As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto.
6. Account Verification
We reserve the right to verify your registration details at our own discretion and at any time, such as name, address, age by requesting certain documents. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a public notary. In the event our requests for documents are not completed by you, we may at our sole discretion terminate the Account, and withhold any transactions or funds, where applicable.
You agree to update any provided information or data or to provide additional documentation as part of ongoing efforts to prevent illegal and fraudulent activities, or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an Account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age verification and identification services to verify your Account. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete the Company reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of our Services we provide to you.
To access or use the Services, you may be required at Company's sole discretion, to do all the following –
- Undergo and successfully pass know-your-customer (KYC) and customer due diligence procedures or screening.
- Execute and deliver to the Company, or to any other entity on its behalf, documents related to the Services under any Applicable Law, including any anti-money laundering and counterterrorism financing laws in any jurisdiction.
7. Device and Personal Information
Using the Services require an internet connection to our servers and you understand and acknowledge that you are solely responsible to pay for any fees, including Internet connection or mobile fees necessary to access or use our Services.
General. By setting up an Account and accessing the Services, you may obtain access to the Game and you may be required to download and install content, services, or software onto your device.
Promotions. You may, under certain conditions and in accordance with Applicable Laws where you reside, participate in various promotions. Additional terms applicable to the participation in such contests are available here. By entering into or participating in any contest on our Services you hereby agree to the Promotion Terms.
Updates. For reasons that include, without limitation, system security, stability, the Company may need to automatically update, pre-load, create new versions of or otherwise enhance the Game and the Services and accordingly, the system requirements to use the Game and Services may change over time. You consent to such automatic updating.
Virtual Items. The Services may include an opportunity to earn or receive Virtual Items. Virtual Items can be either won or obtained within the Services. You acknowledge that because all Virtual Items are created through the Services, we solely and exclusively own all Virtual Items. To the extent we do not automatically own any Virtual Item, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Virtual Items, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Virtual Items that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Virtual Items, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Virtual Items, and (c) to exercise any and all other present or future rights not yet known in Virtual Items. Subject to these Terms, we grant you a limited license to use the Virtual Items, subject to the limitations and other terms set out in these Terms, through your own Account solely for your personal use of the Services.
Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from the Company or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with your Account or stored on the Services. Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items, or anything that appears or originates in the Services, for "real" money, or exchange Virtual Items for value of any kind outside of the Services, without Company's written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer, sell, purchase, or attempted transfer, sell or purchase is prohibited and void. We retain the right to manage, regulate, control, modify and/or eliminate Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Virtual Items are subject to change without notice. In addition to the foregoing, we may selectively remove or revoke Virtual Items associated with your Account at our sole discretion.
Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. We do not recognize any purchase or transfer made outside of the Services on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the Users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
Restrictions. You may only use the Services for personal, non-commercial use. Except as otherwise permitted under these Terms, or under Applicable Law.
Cheating and frauds. You represent and warrant that you may not participate in the Services or use the Services in a way that interrupts or attempts to interrupt the operation of the Games and Services as detailed herein.
Taxes. If you are a US resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your winnings in the Services exceed a certain threshold more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure
9. Beta Version
For any part of the Services that is identified by us as a “beta” version, you acknowledge and agree that the "beta" version may contain more or fewer features than the final release of that service. You understand and accept that these Terms shall apply to this "beta" version and that we may update these Terms at any time at our own discretion. We reserve rights not to release a final release of a Beta Service or to alter any such "beta" version's features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
10. Prohibited Uses
You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.
You warrant and represent that you are prohibited from (and shall not permit any third party to) taking any action that:
- Is illegal, violent, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, offensive or otherwise inappropriate, as we may determine in our sole discretion;
- Infringes, violates, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right or any other intellectual property or proprietary right as may now exist or hereafter come into existence;
- Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations;
- Copies, photocopies, reproduces, publishes, modifies, adapts, translates into any language, distributes, or creates derivative works based on the Services;
- Sublicenses, subleases, leases, lends, assigns, sells, licenses, distributes, rent, exports, re-exports or grants other rights in the Services and any attempt by you to take such action shall be void;
- Decompiles, disassembles, reverses engineer, or attempts to reconstruct, identifies or discovers any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever;
- Uses a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services;
- Removes, obscures or alters any copyright and/or other proprietary notices contained on or in or otherwise connected to the Services;
- Involves commercial activity not expressly permitted by us;
- Contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of us, our Users, or any other individual or entity;
- Uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that accesses the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time;
- Transmits invalid data, worms, viruses, Trojan horses or any code of a destructive nature;
- Transmits spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails;
- Impersonates any individual or entity, including, without limitation, our employees or representatives;
- Uses a false phone number or email, identity, or attempt to use another User's Account;
- Uses the Services for money laundering, terrorist financing, or other illicit finance or activity;
- Targets children or individual under the age of majority in any jurisdiction where the Services are made available;
- Engages in any activity that interrupts or attempts to interrupt the operation of the Services;
- Uses unauthorized or altered software or hardware to assist play;
- Uses intentionally poor play methods to achieve competitive advantage;
- Collides with other players (e.g. intentionally losing matches in monetary tournaments);
- Performs any activity intended to defraud the Company or any third party or circumvent any contractual or legal restriction or any other act (whether through the use of automated technology or otherwise) that unfairly alters your possibility of winning or constitutes the commission of fraud, regardless of whether such attempted act has caused Company any actual harm.
Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Services, including but not limited to – (i) the opening or use of multiple Accounts; (ii) collusion with or harassment of other Users; (iii) breach of these Terms; (iv) breach of security of your Account; (v) the User's Account login and password are in the possession of a third party or (vi) any other act or omission (whether through the use of automated technology or otherwise), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation, disabling the ability to use or access to our Services in whole or in part, forfeiting any prizes, funds or making void any transactions, as well as any other legal actions. We reserve the right to disclose or report any money laundering or other suspicious activity to law enforcements and regulatory authorities and to seek damages and other remedies from you to the fullest extent permitted by law.
You further acknowledge that the forfeiture of any prize or any transactions, as a result of a violation of these Terms shall in no way prevent us from pursuing criminal or civil proceedings in connection with this section.
Any attempt to deliberately damage the Services or violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek damages and other remedies from you to the fullest extent, as permitted under Applicable Laws.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
11. Third-party Services and Content
Additionally, we do not accept responsibility for any product or content made available, or payments processed or submitted, through such third-party websites, nor for their privacy or any other practices. We urge our Users to exercise caution in using any third-party websites. Therefore, you agree not to hold us responsible from any liability arising from your access to or use of any third-party website, content, service through the Website.
All information regarding any market or price of any Digital Asset, including any indices or rate presented or used as part of the Services (including within in-game 'Investment Runs'), does not and is not intended to necessarily represent the real market conditions or prices, or be precise. Furthermore, such information may be provided by a third party over which we have no control. We make no representations, and take no responsibility whatsoever regarding the aforementioned third parties or the aforementioned information.
12. Limitation of Liability
To the maximum extent permitted by Applicable Laws, in no event will the Company, its Affiliates, licensors or service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, be liable or assume any obligation whatsoever to you or anyone on your behalf, regardless of the form of action, for any indirect, special, incidental, or consequential damages or loss of any kind, including without limitation, loss of business, loss of profits, loss of revenue, loss of data, loss of contracts or loss of anticipated savings, loss of any cryptographic key or any passphrase (including with regard to any digital wallet), any loss or any damage arising out of or relating to your authorized or unauthorized use of the Services, or of any service, product or content provided by any third party, whether based in contract, tort, negligence, strict liability. In the event of any complaint your sole and exclusive remedy is to discontinue using the Services. The Company shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the Services.
You agree and confirm that: (i) you are free to choose whether to use the Services and do so at your sole option, discretion and risk; (ii) the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Services; (iii) any claim or cause of action, regardless of the form of action, which you may have arising out of or related to use of the Services or these Terms, must be filed within one (1) year after such claim or cause of action arose.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY EUROS (€50). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis, without any warranty or representation of any kind, either express or implied (whether by law, statute or otherwise). We strive to keep our Services up and running; however, all online services suffer occasional disruptions and outages. In addition, the Company is not responsible in any way for the Game you play or for any of your device, tablet, computer, software, including for any communication or other errors in such Game or device, and such errors might be counted as losses in tournaments you participate in. We do not provide any warranty regarding the Services, Website or any service or content made available through the Services and expressly disclaims the availability, the accuracy of the information displayed about Game statistics, technical errors in the Services, usability, satisfactory quality, appropriateness, reliability, timeliness, completeness, warranty of title, non-infringement, merchantability, legality, or fitness for a particular purpose. We do not warrant or guarantee protection from viruses or other computer system malware. We do not claim or guarantee that the Services shall be uninterrupted, secure, or that Services shall be error-free. We do not guarantee that any tournaments you participate in will be fair or that other players will not cheat in such games. We do not and cannot guarantee that the use of our Services will generate you any profits. We do not and cannot take responsibility for any losses to your Account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.
14. License to Use the Services
Subject to your compliance with the Terms, we grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to use the Services. You acknowledge and agree that we own or control all legal right, title and interest in and to all the elements presented directly or indirectly on our Services.
The brand names relating to the Services, including the Game, and any other Intellectual Property Rights used by the Company or on its own behalf from time to time are the Intellectual Property Rights of the Company or one of its group companies or its licensors and these entities reserve all rights to such Intellectual Property Rights. Unless otherwise provided, the Company, including its Affiliates and subsidiaries, own all the Intellectual Property Rights available on the Services, including but not limited to the information, images, pictures, graphics, photographs, animations, videos, music, audio, and text which are all protected by copyright.
We do not grant you or any other party any right, title or interest in the Services, the Game, or any materials available on our Services.
You understand and acknowledge all of the following -
- The use of the Services is for personal, non-commercial entertainment only and not for any other purpose.
- Any material available on our Services, including those appearing on our Website should not be reproduced, copied, edited, published, transmitted or uploaded in any way without our written permission.
- Registering to our Services or participating in Games do not grant you any express or implied right under any of the Company's Intellectual Property Rights or other proprietary information.
- If you violate or do not agree to these Terms, your license to access and/or use the Services shall be immediately terminated and you will no longer be able to access and/or use our Services.
- You are strictly prohibited from, without no limitation, making any commercial use, modifying, sharing, publicly displaying, making of copies or derivate versions, displaying, distributing, posting or promoting for monetary purposes.
You hereby agree to indemnify and hold the Company, its officers, directors, employees, or agents harmless for any claims, matters, complaints, costs, liabilities and actions arising out of or related to your use of the Services, including but not limited to:
- Your failure to comply with any Applicable Law;
- Any claim of infringement or misappropriation of any third party rights, including but not limited to any, copyright, privacy rights or Intellectual Property Rights in the Services;
- Your breach of any provision of these Terms; or
- Your use or misuse of the Services.
You agree to promptly notify the Company of any third party claims and fully cooperate with the Company in defending such claims at your sole expense. You further agree that at Company's sole discretion, the Company shall have control of the defense or settlement of any such claims.
16. Term and Termination
These Terms apply to you and to us from the date that you accept them as provided above. We reserve the right, without notice and in our sole discretion, to terminate these Terms, revoke or forfeit your Virtual Items that you accumulated or terminate or suspend your access to or use of all or any part of the Services effective immediately, at any time including, inter alia, if we suspect in our sole discretion that (i) you were engaged or are being engaged in fraudulent activity or any illegal activity under any Applicable Law; (ii) you have provided false information to, or concealed any information from us; or (iii) you have engaged in activity in violation (including alleged violations) of these Terms. The sections entitled "Disclaimer and risk disclosures", "Games", "Third Parties and content", "License to use the Services", "Indemnification", "Disclaimer of Warranties", "Limitation of liability", "Miscellaneous" shall survive any expiration or termination of these Terms.
Governing Law. These Terms shall be governed by, and interpreted in accordance with the law of the United Arab Emirates, without giving effect to its principles or rules of conflict of laws. Any action to be brought in connection with these Terms shall be brought exclusively in the courts of the United Arab Emirates, and you irrevocably consent to their jurisdiction.
Non-refund. Unless stated otherwise, and subject to Applicable Laws, any purchase of products or services from the Company or with respect to the Services is final and non-refundable.
Severability. If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
Waiver. No waiver by us of any provision of these Terms shall be construed as a waiver of any preceding or succeeding breach of any condition of these Terms.
Entire agreement. These Terms, including the documents referred to in these Terms, constitute the entire agreement between the parties regarding the use of the Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms herein.
Third parties. Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or any other benefits to third parties.
Independent parties. Nothing in these Terms, shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company.
Force majeure. The Company will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond the Company’s reasonable control.
Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from the Company, including any right or obligation related to the enforcement of laws or the change of control. The Company may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
18. Notification Procedures
We reserve the right to amend any of the Terms at any time by publishing the revised versions on our Website or by otherwise providing notice of such amendment by email, via the Services or posting on our Website. Notice will be deemed given twenty-four (24) hours after email is sent to you. Notice posted on our Website is deemed given ten (10) days following the initial posting. We reserve the right to determine the form and means of providing notifications to our Users. The revised versions shall become effective following the applicable notice period, unless you expressly accept the revised versions earlier by clicking on the accept button. Your express acceptance or continued use of the Services after the applicable notice period shall constitute your acceptance to be bound by the revised Terms, as applicable. If any provision of the Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
19. Contact Us
If you have any questions, would like to provide us feedback or receive more information about us, please feel free to email us [email protected].