1.1- The “Esport Club” enables registered users (Users) and other third parties (Organizers) to provide certain game related services (“Services”, as further detailed herein) on the Platform and to transact and communicate directly with other Users that are looking to engage with or purchase such Services. Services may include:
- Offering or conducting tournaments, leagues, ladders or competitions in competitive computer games (together “Competitions”)
- Coaching and esports related services offered through the “Esport Club” Marketplace,
- Local events, broadcasting events and other gaming experiences,
- Access to exclusive membership services (Subscriptions) through gaming communities known as “Spaces”
- Other gaming and non-gaming related services, defined herein as necessary.
- 1.2- Users are able to compete in Competitions in the competitive computer games which are supported on the Platform from time-to-time. Users (and only Users) will be able to participate in such Competitions, whether they are organized by “Esport Club”, individual Users or Organizers. Competitions provided on the Platform are categorized as “games of skill” and the outcome of any matches played in a Competition (herein referred to as a “Match”) is solely the result of skill, not chance.
1.3- The computer games “Game Titles” provided through or integrated with the “Esport Club” are offered as-is and are owned by the respective game developer or publisher “Game Owners”. Game Titles that are provided through the “Esport Club” are available to Users and Organizers solely for the purpose of playing, hosting and organizing Competitions, for creating Spaces and to monetize these Spaces or audiences in the “Esport Club”. For clarity, Game Owners may through separate agreements with the “Esport Club” restrict or limit the extent to which Users and Organizers can offer Services and Competitions through the “Esport Club”. As such, the use case for the different Game Titles in the “Esport Club” may vary.
- License to Use the “Esport Club”
2.1- Subject to the terms and restrictions of these Terms, You are upon the completion of the registration process in the “Esport Club” as described herein granted a limited, revocable, non-exclusive and non-transferable right to during the validity of these Terms – as a User – access and use the “Esport Club”, solely for the purposes outlined in Section 1 above. The use of the “Esport Club” is subject to the applicable fees and other payments set out in Section 4.
2.2- For the avoidance of doubt, You are not granted any other licenses in respect of the “Esport Club” or otherwise other than expressly set out herein.
3.1- In order to use the “Esport Club” as a User, You need to register and maintain a “User Account”. To register a User Account in the “Esport Club”, you must:
*- be a natural person;
*- be at least fifteen (15) years of age. However, if you are below the age of eighteen (18), you need to have your guardians’ approval to register a User Account. Furthermore, to conduct any payments or transactions on the Platform, You need to be at least eighteen (18) years of age or have Your guardians’ approval to conduct the payment or transaction;
*- submit your email address and otherwise complete the registration process as follows in the “Esport Club” (and as further detailed in Section 5 below)
*- comply with these Terms at all times.
3.2- Officers, directors and agents of “Esport Club” and its affiliates are not eligible to participate in any Competitions, other than for test and product development purposes.
3.3- You are fully aware of the fact that payments made to participate in Competitions, for membership Subscriptions, Marketplace Services or other activities on the Platform are generally non-refundable unless explicitly stated otherwise herein or as required by applicable mandatory law.
3.4- In accordance with chapter 2 § 11 p.1 and 11 of the Swedish Act on Distance Agreements, by entering into these Terms You acknowledge and agree that the delivery of our obligations commences and that there is no right to withdrawal. Notwithstanding the foregoing, you may terminate these Terms at any time in accordance with Section 6.7 below.
4.1- Your use of the “Esport Club” and Services hereunder may – depending on what functions of the “Esport Club” You wish to use or which Services You wish to access – require You to pay one or more of the fees as set out in points below, in accordance with the applicable price list (available to You on this page) from time-to-time:
- An entry fee to participate in certain pay-to-enter Competitions, as further described in Section 6.5.2;
- Certain one-off fees or subscription fees for purchasing Services on the Marketplace, through Spaces, or as otherwise are available on the Platform;
- A transaction fee and/or an administration fee to “Esport Club” when you withdraw funds according to Section 6.6.3;
- Currency converter fee to the applicable Payment Provider (as defined below) when paying with another currency than EUR;
- A platform fee when selling Services, Subscriptions and pay-to-enter Competitions
- Required Information
5.1- Upon registration and/or during the processing of payments to or from Your User Account, You may for such purposes be required to provide the following information:
- An alias that will be the username
- A password
- Your e-mail address
- Birthdate or a confirmation that you are 15 years or older, where such a confirmation is mandatory
- Full name
- Permanent residential address
- Phone number
- Game related information, such as game accounts/nicknames
- Credit card or other payment information, if playing in pay-to-enter Competitions or purchasing other Services
- User Accounts
6.1- You are solely responsible for all obligations and compliance with these Terms and are entitled to all benefits accruing thereto. You may not allow any other person to access Your User Account, access the Platform, accept any prizes, offer any Services or participate in any Competitions using Your User Account. Your User Account is not transferable to another person. All activities undertaken under Your User Account will be deemed to have been done by you.
6.2- You are only permitted to register one active User Account on the Platform. “Esport Club” reserves the right, but is not obliged, to monitor any effort to establish multiple User Accounts. In the event it is discovered that you have opened more than one User Account in violation of these Terms, all Your User Accounts may be suspended or terminated without any notice. “Esport Club” reserves the right to deny access to those Users who use proxy servers and/or IP addresses residing in certain geographical areas.
6.3- In consideration of the use of the “Esport Club” and Your User Account, You agree to:
- provide accurate, current and complete information about yourself as may be reasonably required by any registration forms in the “Esport Club” (henceforth “Registration Data”);
- maintain the security of the password and identification;
- maintain and promptly update the Registration Data, and any other information, to keep it accurate and complete;
- be fully responsible for all use of your User Account and for any actions that take place using your User Account, including all purchases that occur under your account.
- Deposits and Payments
7.1- You may transfer funds to be deposited to Your User Account, or use the funds that have been awarded to you via prizes by playing in Competitions. The minimum limit for deposits to Your User Account in the “Esport Club” equals EUR three (3). No interest is payable on the funds. All payments must be made from a bank or payment account for which you are the named account holder. The “Esport Club” also reserves the right to require you to confirm or validate any or all deposits previously made to Your User Account. You acknowledge that in the case of any dispute, your validation may be used by the “Esport Club” as evidence.
7.2- To pay for Services (such as a membership Subscription) or to participate in a pay-to-enter Competitions, and if you have not acquired funds through playing in Competitions, you must deposit funds to Your User Account for the subsequent payment of the applicable fee(s). For clarity, you do not need to deposit any funds to participate in free-to-enter Competitions or other free services or arrangements provided by the “Esport Club” or Organizers.
7.3- Any attempt to defraud the “Esport Club” through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by You to honor legitimate charges or requests for payment, or confirmation of deposits, will result in immediate termination of Your User Account and forfeiture of any prizes.
7.4- Your interactions with Organizers or Users found on or through the Platform, including payments for and participation in any Services, are solely between you and such Users or Organizers. It is the responsibility of you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transactions and/or agreements with any of these third parties. You agree that the “Esport Club” shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
- Subscriptions and other paid Services
8.1- As a member of a Space in the “Esport Club” (“Member”) you are able to attain additional benefits (as specified by the Space Owner) by paying for a membership Subscription, making a donation or by paying a one-time fee. Such paid Services are subject to the terms and limitations of the “Esport Club” as provided by us from time-to-time, and whether or not such paid Services are available in a certain Space is up to each Space Owner.
8.2- Some Competitions or series of Competitions may require you to pay for a ticket (also referred to as an entry fee) in order to be eligible to participate. In some cases, such an entry fee may be pooled together with entry fees paid by other participants to create the prize pool for the Competition at hand. “Esport Club” retains the right to charge a platform fee on all entry fee transactions paid by Users for a Competition.
8.3- For clarity, Services are offered by other Users or Organizers (in this context referred to as “Service Providers”), and not by “Esport Club” or “Esport Club” employees. The fees for such Services are set by the Service Provider.
8.4- By default, all payments are made with funds contained in Your User Account. In order to pay for such Services or Competitions mentioned above, you must have available funds. These Funds can be attained either by:
- Depositing them directly to Your User Account through the third-party Payment Provider used by “Esport Club” for the Platform from time-to-time
- Through promotions offered by the “Esport Club”,
- As a result of winning Competitions with monetary prizes funded via the Platform.
- Withdrawals and Payouts
9.1- You may request a withdrawal of available funds from Your User Account at any time. Withdrawal privileges may be revoked to such an extent as reasonably required for security purposes when fraud is suspected or if Your User Account has been banned.
9.2- As a general rule, the minimum withdrawal allowed equals EUR ten (10). Please note that there is a seven (7) day grace period on withdrawals for new User Accounts, during which it is not possible to make a withdrawal.
9.3- Withdrawals are subject to a transaction and administration fee amounting to a fixed fee and/or percentage of the withdrawn amount (depending on the terms applied by the applicable Payment Provider) which is initially paid by “Esport Club”. In order to compensate for the incurred costs, “Esport Club” deducts a withdrawal fee from the withdrawn funds (“Withdrawal Fee”). The current Withdrawal Fee is displayed in the price list (made available to you here)
9.4- You are advised to contact our customer support at support@***.com if the withdrawal is not received by you within three (3) business days from your withdrawal request is made.
9.5- To prevent fraudulent behavior and account hijacking, “Esport Club” reserves the right to, for such security purposes, require You or the credit card holder (if applicable) to submit proper identification and proof of eligibility prior to any request of withdrawal verification of identification, in order to ascertain the validity of a withdrawal request and Your identity. If such a request is made by “Esport Club”, withdrawal payments will not be made until proper verification is received by “Esport Club”. If we do not receive the required verification within (10) business days, the withdrawal request will be cancelled, the User Account in question will be suspended, and you will be contacted by email with further information.
- Closing the User Account
10.1- You may terminate Your User Account at any time. We recommend you do so by contacting the support directly on support@***.com.
10.2- “Esport Club” will upon your termination of your account as set out in Section 6.7.1 above transfer any remaining funds in Your User Account (subject to the deduction of relevant withdrawal charges) to Your connected payment method or payment wallet. However, if the termination of Your User Account is due to your material breach of these Terms, You may – if the circumstances so require – not be entitled to refunds of any remaining funds on Your User Account.
10.3- If you want to recover funds from closed, blocked or excluded User Accounts, You need to contact our customer support at firstname.lastname@example.org.
- Inactive accounts
11.1- An inactive User Account is an account that has not been accessed by its User for an uninterrupted period of twelve (12) months.
11.2- Once Your User Account is considered inactive, “Esport Club” will contact you via e-mail to inform you that the User Account may be closed thirty (30) days from dispatching such e-mail, unless you log in. Account closure means that any funds still residing in your account balance may be transferred back to “Esport Club” to be used for promotional purposes, donated to connected charities or otherwise used to further improve the Platform.
- Third-party Payment Providers
12.1- “Esport Club” uses the services of third-party electronic payment processors and financial institutions (herein referred to as “Payment Providers”) to process deposits and withdrawals into and from the User Accounts. The deposit and withdrawal of funds to Your User Account is subject to these Terms, and where applicable, the third-party Payment Provider’s terms and conditions.
12.2- You hereby authorize “Esport Club” to instruct such Payment Providers (e.g. PayPal) to handle Your User Account deposits and withdrawals from Your User Account, as reasonably required to provide the Services and Competitions on the Platform. You agree that “Esport Club” is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third-party in connection with the use of the Platform.
- Malfunctions, Fraud, Unauthorized Access and suspension or termination of user accounts
13.1- The Platform is cloud based and provided via the Internet, and actual availability is hence dependent on factors partly outside of “Esport Club’s” control. You agree, without limitation, that “Esport Club” is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from the Competitions or Matches played on the Platform, or any incorrect or inaccurate results that may be posted on or in relation to a Competition or Match. You also agree that “Esport Club” is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform or Your User Account.
13.2- You may not:
- Gain, or attempt to gain, unauthorized access to the Platform’s systems or any other User’s Accounts other than Your own, interfere with the communications, procedures or performance of the Platform or deliberately damage or undermine the Platform;
- Affect the outcome of Your Match by means of or with the assistance of macros, bots, automated programs, cheating software, screen analysis utilities, player collusion, any type of modifications or otherwise commit fraud in relation to the Platform;
- Alter the human skill component of any game played on the Platform
- Intentionally play poorly below your skill level in order to be matched with a less skilled User;
- Participate in any Competition offered on the Platform by means of automatic, macro, programmed bots, or similar methods, or to otherwise commit fraud with regard to the Platform;
- Attempt to decompile or reverse engineer any software contained on the Platform or Services.
13.3- “Esport Club”, in its sole discretion, reserves the right to suspend or terminate any User’s User Account who is guilty of breaching any of the provisions set out in Section 8.2 above, or who otherwise violates these Terms.
13.4- For breaches of the Terms (including the Rules of Conduct in Section 20 below) that are deemed by “Esport Club”, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their User Account suspended at the discretion of “Esport Club”. Repeated offences will be deemed to be intentionally violating the Terms. If you are suspected of having violated the Rules of Conduct, “Esport Club” reserves the right to suspend Your User Account, including any access to the Platform, or freeze the funds and any account balance or withdrawals pending for up to six months while an investigation occurs.
13.5- If you have obtained any balances due to violation of the Terms, “Esport Club” reserves the right to withdraw such balances from Your User Account upon termination or removal of Your User Account and reuse the balances for promotional purposes, donations to connected charities or otherwise to further improve the Platform.
- Matches and Matchmaking
14.1- You acknowledge and agree that the Platform is a tool to communicate issued Match requests, the receipt of such requests between you and other Users, and the results of a Match. “Esport Club” does not in any way participate in any Match but may provide general support in Platform-related matters.
14.2- By accepting a specific Match request from another User (or when participating in an automated matchmaking event (“Matchmaking”) conducted on the Platform), you expressly confirm that you have read and understood the terms and conditions under which you will participate in the Match.
14.3- A Match generated from a Matchmaking event pairs players or teams together with an automated matching algorithm. Match requests may also be issued to you directly by other Users, in which case the matching is done based on the mutual preferences of the Users. Once you have joined a Match through Matchmaking or otherwise, you agree to play the Match to completion with any matched teammates or opponents.
14.4- A Match generated from a Matchmaking event pairs players or teams together with an automated matching algorithm. Match requests may also be issued to you directly by other Users, in which case the matching is done based on the mutual preferences of the Users. Once you have joined a Match through Matchmaking or otherwise, you agree to play the Match to completion with any matched teammates or opponents.
14.5- Matches in “Esport Club” are organized by individual Users or by Organizers through their Spaces, unless explicitly stated otherwise. As such, Users that play in Matches are entering into activities created or organized by other Users or Organizers.
15.1- Competitions are governed by these Terms in combination with the terms and rules applicable for each Competition. If the terms and conditions applicable for each Competition are in conflict with these Terms, these Terms shall prevail.
15.2- By joining a Competition and confirming that you will participate, you expressly confirm that You have read and understood the nature of the Competition and the terms under which You will participate.
15.3- Competitions on “Esport Club” are hosted by individual Users or by Organizers through their Spaces, unless explicitly stated otherwise. As such, Users that play in competitions or participate in activities are entering into activities created or hosted by these above mentioned parties.
- Esports Marketplace
16.1- Users and Organizers who want to offer their Services (in this context referred to as a “Service Provider”) on the Platform can sell such Services through the Marketplace by creating a listing of the Service they want to offer. Other Users may then browse such listings of Services offered by Service Providers, and purchase these Services through the Marketplace.
- Third-party Organizers and Spaces
17.1- “Esport Club” is not the host of the Services, activities or Competitions available in any of the Spaces on the Platform, unless explicitly stated otherwise. “Esport Club” is rather an intermediary for the Services provided by Service Providers. As such, Users that play in Competitions or participate in Services or activities are entering into arrangements created and organized by these Service Providers.
17.2- Users and Organizers can create a Space on the Platform. Users and Organizers that host such Spaces are within that context referred to as “Space Owners”. Spaces may be either closed or open on the Platform as per the choice of the Space Owner. Within a Space, Space Owners are able to offer other Users various Services including but not limited to, Competitions, gaming experiences, and other Esports related Services.
17.3- Depending on what rules the Space Owner has set for the Space, you as a Member might need to pay the applicable fee to get access to all the competitions and content available in the Space.
17.4- Members that breach the rules of the Space or any relevant provision of these Terms or other applicable policies may lose their status as a Member and get banned from the Space at hand. This includes losing access to any Services within such Space. Also, any active Subscriptions for said Space may be terminated. Banned members are not granted refunds unless the Space Owners deem it appropriate, at their own discretion.
17.5- If you discover a Space’s particular rules to be in conflict with these Terms or our general policies, please contact us.
17.6- Spaces Policy.
- Prizes and Currency
18.1- Any prizes won by you on the Platform are awarded to you in their entirety. Any and all national, provincial, state, and local taxes due in connection with any prizes awarded are your sole liability and responsibility.
18.2- If the Competition has an entry fee and is organized by an Organizer, the Organizer may choose whether or not to use any entry fees paid by participants towards the prize pool of the Competition or if all or some of such proceedings shall be taken as commission on the part of the Organizer.
18.3- Users and Organizers that offer prizes to participants of Competitions are obligated to deliver such prizes, monetary or otherwise, to the winners of the Competitions in a timely manner. “Esport Club” reserves the right to temporarily or permanently ban Organizers who violate these rules. However, for the avoidance of doubt, “Esport Club” is under no obligation to provide and does not guarantee any prizes, offers or winnings offered by third-party Organizers.
18.4- The outcome of the Matches and Competitions are directly related to the number of participants and the skill level of each participant. “Esport Club” does not comment and makes no representations about your or any other User’s chances of winning or losing.
18.5- All monetary prizes issued through the Platform are added as funds in the winner’s User Account. All funds and prizes are denominated in EUR unless otherwise noted. All references to EUR on the Platform are references to the currency Euro. If you make a payment that is denominated in a currency other than EUR, the funds will be converted into EUR by the Payment Provider. You may be charged a service fee for such currency conversion amounting a percentage set by the applicable Payment Providers.
18.6- The results and prizes of each Match or Competition will be determined with actual game and server data as well as by the hosts of Matches and Competitions (and its administrators or moderators), where necessary. Such determinations are final and cannot be appealed. By registering and/or participating in any Match or Competition, You agree to be bound by these determinations.
18.7- “Esport Club” and its administrators may, if necessary, overrule the decisions made by Users and Organizers in the context of Competitions as appropriate or as needed, if “Esport Club” deems such actions necessary for the good of the Users or the Platform as a whole.
- Promotional Activities
19.1- When registering for a User Account, You agree that “Esport Club” may display your username, gameplay data and statistics, tournament records and any other information with regard to your gaming activity on the Platform. In addition, “Esport Club” may also display on the Platform any Competitions, Spaces, logos or other information provided by you to the Platform pertaining to the Services provided by you as an Organizer.
19.2- You agree to allow “Esport Club” to print, publish, broadcast and use, worldwide, in any media and at any time, Your username, gameplay data and statistics, tournament records and any other relevant information with regard to Your gaming activity or Services on the Platform, for promotional, marketing or related purposes without additional compensation.
19.3- “Esport Club” may share such information to Organizers, sponsors or partners when you participate in activities or competitions hosted by them. By accepting these terms you also consent to such sharing of information.
19.4- If You submit or transmit audio, video, or text materials to the Platform, including, but not limited to, comments, question, suggestions, drawings, computer programs or other content (collectively “Submissions”), You grant “Esport Club” and its affiliates, partners and distributors, a non-exclusive, worldwide, royalty-free, perpetual, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those Submissions, in any form, media, or technology, for the purpose of developing and marketing the Platform. You hereby waive, to the fullest extent possible under applicable law, any moral rights you may have to such Submissions.
19.5- You represent and warrant that You have all rights necessary to grant “Esport Club” and its affiliates the license in Section “14.4” above and that none of Your Submissions are defamatory, violate any rights of third parties, including, without limitation, any intellectual property rights, or violate applicable laws.
- Intellectual Property Rights
20.1- Ownership and all intellectual property rights in and to
*- the Platform, including but not limited to thereto related patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, and
*- any content included in the Platform and Services (save for the Submissions provided by You) including but not limited to all Platform design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Platform and Services (this subsection ii together referred to as the “Content”) is owned by and vested in us, or our licensors as applicable, and nothing in these Terms shall be interpreted as a transfer of any such rights from us to You. You are solely entitled to the limited license to the Platform and Services specifically granted under these Terms.
20.2- You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. “Esport Club” neither warrants nor represents that your use of the Content will not infringe rights of third parties.
22.1- Any complaints on the Platform or the Services shall be directed to “Esport Club” by:
- on-Platform chat support, or
- e-mail at email@example.com.
22.2- In order for “Esport Club” to deal with your complaint quickly, the complaint must contain clear information about your identity as well as all relevant details giving rise to the complaint. “Esport Club” will use its best efforts to promptly resolve a reported matter.
- Anti-spam Policy
23.1- “Esport Club” prohibits any activity commonly referred to as “Spam”, which is defined as:
*- electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
*- messages posted to message boards or chats that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume;
*- solicitations posted on chat rooms, or to groups or individuals via Internet Relay Chat or Instant Messaging system (such as Skype, Facebook Chat and Twitter).
23.2- If you are reported for conducting Spam and the claims are validated by “Esport Club”, “Esport Club” may undertake, at its sole discretion and with or without prior notice, the following actions:
- Account suspension: Upon receipt of a credible and validated complaint, “Esport Club” may elect to immediately suspend Your User Account implicated in the abuse. Suspension serves as a “final” warning and will prevent you from continuing the abusive spamming behavior.
- Account termination: Upon receipt of a credible and validated complaint, “Esport Club” may immediately terminate Your User Account implicated in the abuse and may void any associated Prizes.
23.3- “Esport Club” will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion. “Esport Club” reserves the right to lift your suspension at any time, at its sole discretion.
23.4- If you wish to report a violation of “Esport Club’s” Anti-Spam Policy, please forward all evidence of abuse to firstname.lastname@example.org.
- Anti-Money Laundering Reporting
24.1- “Esport Club” need to comply with the Money Laundering and Terrorist Financing Prevention (As per the Swedish law) and any other associated regulations. “Esport Club” shall check all transactions and report any suspicious transaction to the relevant competent authorities in Sweden.
24.2- If you become aware of any suspicious activity relating to any of the Matches or Competitions on the Platform, You must report this to “Esport Club” immediately.
24.3- “Esport Club” may suspend, block or close any User Account and withhold funds, in accordance with the above mentioned act.
- Rules of Conduct
25.1- “Esport Club” reserves the right to remove any Submissions and temporarily or permanently ban Users who violate these rules of conduct, or who in any way;
- abuse the community purpose of the chat areas,
- post obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind
- impersonate other Users,
- post opinions or comments that attack individuals, companies or products,
- advertise or promote other companies, URLs, and any other kind of advertisement or promotion,
- share personal information (name, phone number, home address, password),
- post copyrighted or trademarked material,
- use any advanced fonts, Java, tables, HTML, or other programming scripts or commands,
- Local Laws
26.1- You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Platform and is solely responsible for obeying the laws of such jurisdiction. You agree that “Esport Club” and its affiliates cannot be held liable if applicable law restricts or prohibits your participation or use of the Platform. “Esport Club” and its affiliates make no representations or warranties, implicit or explicit, as to your legal right to use the Platform, the Services or participate in any Match or Competition offered through the Platform nor shall any person affiliated, or claiming affiliation, with “Esport Club” and its affiliates have authority to make any such representations or warranties. “Esport Club” and its affiliates reserve the right to monitor the location from which you access the Platform and to block access from any jurisdiction in which participation is illegal or restricted.
- No Waiver
27.1- The failure of “Esport Club” to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by You of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of “Esport Club” to enforce each and every such provision thereafter. The express waiver by “Esport Club” of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Disclaimer of Warranties and Force Majeure
28.1- Any Services provided on the Platform are the sole and exclusive responsibility of the applicable Service Providers. “Esport Club” makes no representation or warranties in relation to the use, outcome or results of any Services.
28.2- While “Esport Club” uses reasonable efforts to include accurate and up-to-date information, “Esport Club” specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Platform. “Esport Club” disclaims any responsibility or liability for the deletion, failure to store, miss delivery, or untimely delivery of any information or material. “Esport Club” disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Platform.
28.3- Without limiting the foregoing, under no circumstances shall “Esport Club” be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, pandemics, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third-parties.
28.4- Your use of the Platform is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. “Esport Club” expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. “Esport Club” makes no warranty that:
- The Platform will meet your requirements,
- The Platform will be uninterrupted, timely, secure, or error-free,
- The results that may be obtained from the use of the Platform will be accurate or reliable,
- The quality of any products, Services or information purchased or obtained by you through the Platform will meet your expectations,
- Your messages, data or information, in whatever form or medium, will not be lost, and
- any errors will be corrected. Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from “Esport Club”, or through or from the Platform will create any warranty not expressly stated in these Terms.
28.5- You understand and agree that downloaded or otherwise obtained material or data through the use of the Platform is at your own discretion and risk and you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. “Esport Club” and its affiliates are not responsible or liable for content posted by the Users, Organizers, and third parties, actions of any third party or for any damage to, or virus that may infect a User’s computer equipment or other property.
- Limitation of Liability
29.1- “Esport Club’s” total liability to you under these Terms for any damages or losses incurred by you shall, to the furthest extent permitted by applicable law, be limited to EUR one thousand (1000).
30.1- To such an extent as permitted by applicable law, You agree to indemnify, defend, and hold harmless “Esport Club”, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns in respect of all claims, costs (including reasonable legal fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with Your misuse of the Platform or any other violations by you of these Terms. “Esport Club” retains the right to assume the exclusive defense and control of any claim supporting indemnification, and in such cases, you agree to cooperate with “Esport Club” to defend any such claim. You will not settle any claim covered by this Section and the disclaimer of warranties without “Esport Club” prior written approval.
31.1- We reserve the right to change or amend these Terms with future effect, in particular when required by mandatory laws and regulations. We will announce material changes at least thirty (30) days in advance by notification on the Platform.
- Severability, Assignment and headings
32.1- f any portion of the Terms is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.
32.2- You may not wholly or partly assign or pledge your rights and obligations under these Terms to any third party except with the prior written consent of “Esport Club”.
32.3- Section headings are inserted for convenience of reference only and shall have no effect in interpreting these Terms.
33.1- Unless otherwise agreed between the parties, any notice, request, consent and other communication to be given by a party under these Terms (henceforth “Notice”) shall be in the English or Swedish language and deemed to be valid and effective if served on the other party by email to the address set out below:
If to “Esport Club”: support@***.com
If to You: The e-mail set out in Your User Account
33.2- Any Notice or other communication shall be deemed to have been served one (1) day after dispatch, provided that the dispatching party does not receive an automatically generated message stating that the email could not be delivered to the receiving party.
33.3- If a Notice is given or is deemed to have been given at a time or on a date which is not a business day, it shall be deemed to have been given on the next business day, with business day in this context meaning any such day as the commercial banks are open for business in Sweden.
- Governing Law and Disputes
34.1- These Terms will be governed by and construed in accordance with the national laws and provisions of the country of Sweden, save for its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.
34.2- “Esport Club” makes no representation that the Platform is operated in accordance with the laws or regulations of, or governed by, other nations.