TERMS OF SERVICE
Please read these Terms of Service (the “Terms”) carefully before using the services provided through the website thebattleground.gg. Your access to and use of thebattleground.gg is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use thebattleground.gg and any service provided through it. By accessing or using thebattleground.gg you agree to be bound by these Terms. We may, at any time and of any reason, amend these Terms by publishing the amended terms on thebattleground.gg. By accessing or using thebattleground.gg you acknowledge such modifications may occur and that you are responsible to stay up to date with any changes. Additional terms may apply to your use of thebattleground.gg. Questions related to these Terms shall be directed to [email protected]
DEFINITIONS AND INTERPRETATION
“Service”means, in these Terms, the website thebattleground.gg and the services provided through it. “you” or “your” means, in these Terms, you who use the Service. “User” means, in these Terms, another User of the Service. “User Account” means, in these Terms, the personal password protected account used to identify specific Users (including you) during use of the Service. “Account” means, in these Terms, each User Account’s monetary account to which deposits or storage of token may be made. “Content” means, in these terms, all texts, graphics, videos, pictures and all other information that you or anyone else upload and/or publish or in other ways make available for others at or via the Service. “Game” means, in these Terms, any skill based e-sport game that is provided through the Service. All Games provided through the Service are to be considered games of skill, i.e. games where the outcome is not dependent on chance, but on the players’ efforts and expertise. ”Token balance” means, in these Terms, deposits to your Account made by thebattleground.gg, which you can use to enroll in matches.
THE SCOPE OF THE SERVICE
2.1 thebattleground.gg is a website where e-sport enthusiasts can pay to
enroll in tournament sessions and win cash prizes.
2.2 For the sake of good order, it is emphasized that thebattleground.gg challenge and tournament services are categorized as games of skill and the cash or prize winnings of User or group of Users are the result of skill, not chance.
REGISTRATION AND USER ACCOUNTS
3.1 By agreeing to these Terms, you explicitly warrant that you are
thirteen (13) years of age or older and reside in a country, and are
governed by a country’s laws, where all activities granted access to by
the Service are completely and unquestionably legal.
3.2 Upon registration you are required to provide us with at least, but not limited to, the following information: i) a username, ii) a password, iii) your e-mail address, iv) your full name, v) your permanent residential address, (vi) your birth date, (vii) your phone number, (viii) your Game related information (such as nicknames) and (ix) your payment information (such as credit card number). The information you provide shall be current, true and complete. You are responsible for keeping your information updated and complete.
3.3 You are only allowed to register for one (1) User Account. Only natural persons are allowed to register for a User Account, which may be used by only one (1) individual. We reserve the right to monitor any effort to establish multiple accounts. In the event it is discovered that you have opened more than one account, all accounts will be closed without notice.
3.4 We reserve the right to deny access to anyone, including, but not limited to, those Users who use proxy servers and/or IP addresses residing in certain geographical areas.
3.5 You agree that you will be entirely responsible for any and all access or your use of the Service and that you are liable for all actions and activities conducted under your User Account. You are responsible for and warrant to always keep your username and password confidential. You acknowledge that your password is unique to you.
3.6 We reserve the right to reclaim your user name and suspend or terminate your User Account if activities occur which constitutes or may constitute a violation of these Terms or of any applicable local or international laws, rules or regulations.
3.7 We do not examine or take any responsibility with regards to the validity of information provided by the Users.
CHANGES OF THE SERVICE
4.1 We reserve the right to modify, suspend, and/or discontinue properties
of the Service at any time including, but not limited to, (i)
functionality, (ii) features, and (iii) services, with or without notice.
4.2 All new functionality, features or services introduced to the Service will be subject to what is stipulated in these Terms.
4.3 We will take reasonable efforts to keep the Service operational and fully functional during changes described above.
CODE OF CONDUCT
5.1 You may use the Service for lawful purposes only. You agree that when using the Service or communicating via the Service you may not use the Service to post, transmit or otherwise distribute illegal material.
5.2 You agree to the following: a) You shall not defame, abuse, harass, threaten or otherwise violate the legal rights of others or of any third party, including RGG Battleground, b) You shall not in any manner publish, post or – in any other way express – any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful, c) You shall not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the Service or its Users in any way, d) You shall not participate in any attempt to cheat another User through collusion or other techniques, regardless of the outcome, e) You shall not at any time use any, now or in the future existent, cheats, scripts, automation software (bots), mods, hacks, or any other unauthorized own or third-party software, to modify or automate the Service, Games played through the Service or content of the Service, or in any other way seek to enhance your chance of winning, f) You shall not advertise or promote any product or service of any kind, on or through the Service, and g) You shall not use programming codes or commands (including, but not limited to advanced fonts, Java, tables and/or HTML) in messages or any other communication on the Service.
5.3If we find you to be violating these Terms or any other provisions set up by us or our affiliates, we reserve the right to take the necessary measures to limit the damages of your violation including, but not limited to, suspend or revoke your User Account, annul your scores, or confiscate all tokens on your Account. We may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.
6.1 We prohibit any activity that can be considered what is commonly
referred to as “spam”, including, but not limited to, (i) e-mails sent to
a recipient with whom you do not have an existing business or personal
relationship or is not sent at the request of, or with the expressed
consent of, the recipient, (ii) messages posted on message boards that are
unrelated to the topic of discussion, cross-posted to unrelated message
boards or discussion threads, or posted in excessive volume, or (iii)
solicitations posted to chat rooms, or to groups or individuals via any
instant messaging system.
6.2 Users who are reported and whose claims of “Spam” we validate will have their respective User Accounts either immediately terminated or suspended. Additionally, any winnings may be voided at our sole discretion.
7.1 We may at any time require that you provide proof of eligibility to
participate, in order to continue to allow you access to the Service. You
hereby acknowledge and accept this condition of your participation as a
reasonable measure to ensure the security of the Service. In addition, you
will be required to provide proper identification and proof of eligibility
prior to receiving a winning or prize.
7.2 Your failure to provide evidence of identification and/or eligibility will result in the suspension and/or termination of your User Account.
8.1 You acknowledge that the outcome of the Games and tournaments offered
through the Service depend on the skill levels of each User participating
in each Game or tournament as well as the number of Users participating in
8.2 All winnings will be issued in cash. Users will have to come to the venue determined by RGG Battleground to collect their winnings.
8.3 Results and winners of each Game or tournament in the Service will be determined with actual game and server data as well as by us. All such determinations are final. By registering and/or participating in any tournament or Game, you agree to be bound by aforementioned determinations.
TAXES AND LEGAL RELATIONSHIP
9.1 Each individual User is responsible to pay applicable taxes on any
winnings (e.g. cash from winning a Game or any other prize) derived from
the Service, in accordance with the law of each and every country where
the User is liable to pay taxes. We do not take any responsibility in
ensuring that you pay the proper taxes, neither in relation to you, nor in
relation to authorities.
9.2 We are not in any way to be considered the employer of any User. The winnings a User receives from using the Service are under no circumstances to be considered a wage payment or salary. We are not to be considered an intermediary that enables the bet and proper payment.
10.1 The Service includes functions for uploading, posting, linking and
communicating and otherwise making Content available for others. You are
at all times responsible for the Content uploaded or otherwise made
available under your User Account.
10.2 By uploading Content to the Service you warrant that you are either the owner of the uploaded Content or that you hold a valid license to such Content from the appropriate rights holder and that the Content or your use of the Content is in no way a violation of any national or international legislation.
10.3 By posting Content to the Service, you grant us and our affiliates, a non-exclusive, global, royalty-free, fully sub-licensable license, to use, distribute, alter, exhibit, archive, publish, sublicense, perform, reproduce, make accessible, transmit, broadcast, sell, translate and create derivative works of such Content, and your name, voice, likeness and other identifying information included in Content in any form, media, or technology of any kind now known or developed in the future, for any purpose. You hereby waive any moral rights you may have in such Content. Content shall not be subject to any obligation of confidence on our or any of our affiliates’ part.
11.1 By registering for a User Account, you grant us the right to display your username, gameplay data and statistics and any other information regarding your activity in the Service. By registering a User Account, you also agree to allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, nickname, picture, voice, likeness, and/or biographical information for promotional, marketing or other related purposes without additional compensation.
12.1 The Service and its original content, features, functionality, and design elements are and will remain our and our licensors’ exclusive property. Our intellectual property may not be used in connection with any product or service without our prior written consent.
LIMITATION OF LIABILITY
13.1 We are not responsible for technical, hardware or software
malfunctions, lost or unavailable network connections or disconnections
from your platform, or any incorrect or inaccurate results that may be
posted on your online Game.
13.2 We do not warrant that the Service will meet your requirements or expectations of it or that the use of the Service will be uninterrupted or free from errors. The Service is provided “as is” without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Additionally, we assume no responsibility for down time or the results thereof.
13.3 We assume no responsibility for the content, privacy policies or practices of any third party web sites or services that may be reached by following links presented in the Service. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
13.4 We are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your User Account.
13.5 You acknowledge and agree that any and all agreements between you and any other User is made on your own risk and that we are not responsible for any of your loss or damage in relation to such agreements.
13.6 You agree that we and our affiliates will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we and our affiliates have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Service; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the Service; or (v) any other matter relating to the Service.
14.1 You shall indemnify us with respect to all direct liability, losses, damages, costs or expenses howsoever caused, arising out of, or in connection with (i) your breach of these Terms, (ii) your negligence (iii) or misuse of the Service.
15.1 We have the right to send e-mails to your registered address. Our
goal is to provide you with relevant information, which can include
newsletters and tailored offers from our partners. You may at any time opt
out if you wish to no longer receive said e-mails, by clicking the
unsubscribe button in the undesirable email.
15.2 We may, in order to ensure that your User Account is used in accordance with these Terms, examine the individual unit and the IP-address(es) associated with your User Account.
15.3 Your personal data is solely processed with the purpose to provide the Service, to comply with applicable law and to ensure that the User Account is used in accordance with these Terms. However, your personal data may be shared with third parties for the same purpose. By registering a User Account, you give your explicit content of such processing of your personal data as is described above.
16.1 We reserve the right to immediately limit the use or access to the
Service and to block, restrict or delete any Content at any time, for any
reason and without liability, if such use, access or Content constitutes
or may constitute a violation of the Terms or of any applicable local or
international laws, rules or regulations.
16.2 We also reserve the right to limit, restrict or stop your access to the Service or remove your User Account and delete your Content, without prior notice or liability, if the Content or your continued use of the Service risks harming our trademarks or reputation.
16.3 We exercise of the rights mentioned above shall not entitle you to any remuneration.
DELETION OF ACCOUNT
17.1 If your User Account is shut down by RGG Battleground, the remainder of your tokens will be voided and deleted.
DURATION AND TERMINATION
18.1 These Terms are considered to be in effect from the day you accept
it, i.e. when you first access or use the Service, until either party
18.2 We may reset all User Accounts due to testing of the Service prior to the launch of a new version of the Service.
18.3 Upon termination, your right to use the Service will immediately cease.
19.1 If any provision of these Terms between us and you is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that these Terms otherwise remain in full force, effect and enforceable.