Monaco eSports Federation, established in Monaco
Address: Monaco eSports Federation, 41 Rue Grimaldi, 98000 Monaco
Email : firstname.lastname@example.org
Last updated: October 5, 2020
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This Website is the property of Monaco eSports Federation, a Monegasque federation, with its registered office at Monaco eSports Federation (reg. number: Monaco eSports Federation), and/or its affiliates (hereinafter referred to as “MESF”, “we”, “us”).
By accessing and using our Website, the User:
(B) acknowledges and agrees that he/she has independently evaluated the desirability of Website and its Services use and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and
(D) represents and warrants that he/she is not accessing Website and its Services through a VPN or similar tools.
Otherwise, use of Website and its Services is prohibited.
Website shall mean the aggregate of the web pages posted on the Internet united by the interconnect address space within the framework of the Website Services functions operated both by the MESF and the Partners.
The MESF is entitled to change the domain name of the Website or to use an additional domain name(s), provided that the main functionality of the Website is not materially changed.
Services shall mean the projects of the MESF or the MESF Partner (Service of the Partner) posted on the Website and access to which is provided through the Website, the mobile version of the Website, and certain applications or the websites of the Partners, powered by Passport.gg, accessible online at https://passport.gg/ or such other website as may be indicated.
Website/Services Access shall mean the access to the functional options of the Website and certain Services of the Website which the User obtains after registration procedure (authorization on the Website/Service) which may be supported by Partner. The Website as well as any Website Service shall be accessed with a login and password.
Partner shall mean the individual (individual entrepreneur) or legal entity developing or operating the project, service, platform, game and/or application (Partner Service). Relations between the User and the Partner occurring in the course of using of the Partner Service by the User shall be subject to regulation by separate agreements, available at https://passport.gg/tou/, https://passport.gg/privacy-policy/, which are incorporated hereby by reference.
User’s Account (the “Account“) shall mean the User’s profile created when registering the User with the Website/Services, creating the User’s accounting record, which allows the User to obtain access to the Website and/or its Service and identifies him/her as a unique User of the Website. Under a certain Service there may be required creation of a separate account. The procedure for creation thereof is regulated by the agreements for the relevant Services.
Content shall stand for the design elements, pictures, graphics, scripts, PC software (including games and applications), video, music, sounds and other objects either being the result of intellectual activity or not, the rights to which belong to the MESF, Users, Partners or other persons.
2. General Terms and Conditions of the Functioning of the Website/Service
2.1. The MESF will make commercially reasonable efforts to ensure functioning of the Website/Services in a twenty-four hour mode, but shall not guarantee absence of breaks related to technical failures or scheduled maintenance. The MESF shall not guarantee that the Website or any of the Services will function at any certain time in the future or that they will not stop working. The MESF may at any time decide to cancel operating and maintaining the Website/Services. As we are always making the Website better for you, some of the features and services within Website/Services may be unavailable at the moment of your registration or any time later on; you will have access to such services as soon as they become available.
2.2. The Website and the Services, including the functional options, as well as all the scripts, applications, Content and design of the Website shall be provided “as is“.
2.3. The MESF shall not provide any guarantees that the Website or the Services may fit or not fit for certain purposes of use. The MESF may not guarantee and shall not promise any specific results of using of the Website and/or Services. The MESF shall not guarantee compliance of the Content posted on the Website with the individual ideas of the User on morality and ethics.
2.4. When using the Website/Services, the User shall take preventive measures for use of Content, especially of the Content posted by the Users and other materials and information, as well as when taking certain actions, including when clicking through the links placed on the Website, and when using any files, including software to avoid negative influence on the User’s computer of malicious software, as well as unauthorized access to the Account, password attack and other negative consequences for the User.
2.5. The Website/Services may contain advertising and informational materials placed by the MESF at its own discretion.
2.6. By using the Website/Services, the User confirms that his age is sufficient for such use under the applicable laws and/or he has all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise the use of the Website/Services is prohibited.
3. Terms and Conditions for Obtaining Access to the Website/Services
For the purpose of getting Access to the Website and certain Services, the User shall create an Account. The MESF may engage Partners for the provision of authorization and registration services. The process of Account creation includes the following obligatory actions taken by the User:
1) Filling in of the questionnaire with the User’s data
When registering the Account, the User shall fill in the questionnaire with the data he/she considers sufficient for his/her identification on the Website/Service as a unique User, except for the mandatory fields of the questionnaire, filling in of which shall be obligatory for the User.
The MESF may not verify the information submitted by the User in any way, hereinafter referred to as the “account data” (unless otherwise provided for by the terms and conditions of provision of any separate Service), shall not be liable before any third parties for accuracy and reliability of the account data.
In the course of filling in of the registration form the User shall independently create a login and password, as well as other data for the further access to the Website/Services.
Subsequent access to the Website/Service by a User previously registered to his/her Account shall be carried out by passing through the procedure for authorization, i.e. input of the login and password of the User.
The MESF shall be entitled at its own discretion to provide Users with an opportunity to access the Website by clicking through the link sent by e-mail as a result of automated authorization using cookies technologies.
Apart from the ways of Account creation specified above, the User may be provided with the right to create an Account and use the Website/Service using the data (login and password) of electronic mailbox or account (profile) created by the User on an external resource, as well as by authorization on the external resource.
The MESF shall reserve the right to change and supplement the means of creation of an Account.
The MESF may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).
The User is only permitted to create one (1) Account (“prohibiting multi-accounts”).
The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria.
The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity.
The Users agree to use Website/Services for personal use only and refrain from allowing any third party to use them unless they accept all the consequences thereof.
2) The User’s Consent for Use of the Website and certain Services of the Website
Consent to use the Website and certain Services of the Website on conditions hereof, agreements for certain Services, as well as on conditions of other provisions and rules regulating the order of use of the Website/Services, shall be expressed by the User via actions on accessing the specified documents. The access shall be effected by clicking “Sign up” or other button indicating agreement, which in sense shall be the conclusion by the User and the MESF of the contract on the terms and conditions containing herein and other documents mentioned herein.
In each subsequent Access to the Website/Service (using of the Website/Service) the User shall express his/her consent with the terms and conditions hereof, agreements for separate Services, as well as with the terms and conditions of other provisions and rules regulating the procedure for using of the Website/Services in the versions applied as at the moment of the actual use of the Website/Service.
The MESF shall be entitled to establish a special additional procedure for accessing a certain Service (to request from the User additional information and/or claim for taking additional actions) containing in the agreement for a certain Service and in other provisions and rules placed on the page of the relevant Service.
3) Account Transfer
The User shall immediately notify the MESF about the loss of his/her login and password for his/her Account or other cases of loss of control over the Account.
4) Bonus program
The Service may provide a bonus program. If the functionality of the Service provides for awarding bonuses to the User for performing certain actions by the MESF, the User is awarded bonuses when the conditions of the bonus program are met. Bonuses can be exchanged by the User for bonus incentives defined by the MESF. To receive bonus incentives, the User shall execute the appropriate command in the Service or perform other actions specified by the MESF (for example, contact the MESF by email, specify User’s registration data, etc.). The bonus program is intended to reward the User for performing certain actions and can be changed or canceled by the MESF at any time. The conditions for receiving bonuses and bonus incentives are determined by the MESF.
Referral bonus program. A referral bonus program is a type of bonus program. The user is awarded one bonus for each new user of the Service who followed the User’s referral link available in Use’s personal account, registered in the Service and connected to the Steam account. The user can receive various bonus incentives determined by the MESF in exchange for the corresponding number of bonuses accrued based on the results of the referral bonus program.
4. Terms and Conditions for Restoration/Termination of Access to the Website/Services
4.1. In case of loss of access to the Website/Services the User shall have an opportunity to independently restore such access by following the procedure stated on the Website/relevant Service. Upon completing such independent restoration of access to the Website/Services available for the User, the User shall be entitled to address to MESF Support Service.
4.2. Addressing the MESF shall not necessarily imply that the access to the Website/Services will be reliably restored.
4.3. In case of loss of password for access to the electronic mailbox or personal profile created on the resource of the third party and used by the User together with the login for access to the Website, such a password may be restored by the means provided for by the resource of the third party only.
4.4. The User shall agree that the MESF reserves the right to terminate access to the User’s Account (as well as to any account additionally created by the User within the framework of the Service) at any time, as well as take any other measures of limitation of access to the Website/Service.
4.5. Access to the Account may be terminated for the following reasons: a) violation of provisions hereof and/or agreements for certain Services; b) at the relevant request of government authorities pursuant to applicable laws; c) a long period of failure to use the account; d) due to unforeseen problems of a technical nature or circumstances related to security; e) for any violations in use of the Website/Services; f) for other reasons which the MESF considers reasonable and necessary, including for the reasons of provision of security for functioning of the Website or certain Service.
4.6. The User shall agree that the MESF reserves the right to terminate servicing of a User’s account (to remove the Account) which had not been used by the User for the period of more than three months.
4.7. The User shall be entitled to reject use of his/her account applying a special interface for its removal, provided that such a function set is implemented by the MESF, or by a request at the MESF Support Service.
4.8.1. If any event is cancelled according to governmental or other restrictions, including as a result of pandemic consequences and limitations, and you are unable to visit such event, you can receive a refund on the same bank card which was used for a purchase of an amount of your ticket within approximately 5-10 business days, depending upon your bank, less any bank commissions which may be applied to such refund. Once issued, a refund cannot be cancelled. Disputes and chargebacks aren’t possible on credit card charges that are fully refunded.
4.8.2. If you have purchased a Monaco eSports Pass, the price of Monaco eSports Pass is not refundable. All Monaco eSports Pass are produced immediately after purchase. You can pick up your Monaco eSports Pass at Monaco eSports Federation, 41 Rue Grimaldi, 98000 Monaco.
4.8.3. Refund procedure. If you apply for a refund of your ticket, you shall submit an application form at https://legamingday.monacoesports.com/refund until 8:00 on October 26, 2020.
5. Conditions and Procedure for Processing of the User’s Account Data
5.2. The User shall agree that, within the framework of certain Services, in which is provided creation of a personal profile of the User, the User’s data may be posted on a separate page containing the profile information. The User’s data posted in the profile shall be deemed generally available from the moment of its posting. The User shall be entitled to limit access of third parties to the data contained at the personal profile page using the profile settings available for the User provided that such a function set is implemented by the MESF.
5.3. The purpose of processing of the User’s data consists, including without limitation, in provision of the latter with the opportunity of full-scale use of the Website/Services, implementation of advertising campaigns, provision of targeted advertising and Services, carrying out of statistical studies and analysis of the obtained statistical data, as well as taking any other actions necessary for the proper provision of functional options of the Website/Services, etc.
5.7. The MESF shall be entitled to provide the User with an option to transfer data to third parties using special technologies (Open ID, etc.) provided that the User agrees with such transfer. In this regard, the MESF shall not guarantee to the User the completeness and correctness of transfer of the account data and shall not be liable for data safety during transfer.
6. Term, Suspension, And Termination
7. Terms and Conditions of Posting and Use of Content, Rights of the MESF to remove Content.
7.1. Posting Content on the Website, the User shall grant to the MESF, the Partners and other Users, under the conditions of free, non-exclusive, non-revocable, perpetual, worldwide license (with the right of sub-license), the right to use this Content in any ways required within the framework of the Services, including without limitation, bringing to general notice, review, modification, reproduction, translation and processing.
In the case the MESF and/or Partner creates a customized section on the Website dedicated to the Partner, its project or community, the Partner grants to the MESF a limited, perpetual, irrevocable, royalty-free, worldwide license (with the right to sublicense), to use the names, logos, slogans, images, marketing materials and any other Content of the Partner that(s) was(were) provided(s) to the MESF by the Partner or used by the MESF in the respective section of the Website by any means within the framework of the relevant Services, including for the purpose of providing services to the Partner, customizing of the relevant Partner’s section, as well as placing such materials and Content in the “Partners” section or a similar section on the Website and other resources, in the MESF’s projects portfolio, in marketing and other materials of the MESF. The MESF has the right to use the official logo and name of the Partner when referring to the Partner in public communications.
7.2. Use by the User of the Content posted on the Website/within the framework of the Services by the MESF, Partners, and other Users shall be allowed within the framework of the function set of the Website/Services with observance of any permits and limitations which may be established by the rights holder, provided that the author marks (copyright) or other author information are protected, and the name of the author is kept unchanged.
7.3. The User shall not be entitled to download or otherwise bring to public notice (publish on the Website) Content and other results of the intellectual activity of the Users, MESF, Partners and other persons who are the rights holders, in the absence of the obvious consent of the rights holder and/or the required extent of the rights for such actions.
7.4. The MESF shall reserve the right, at its own discretion to moderate (filter) or remove any information (materials) published by the User, including information (materials) violating the prohibitions established by the relevant sections hereof (as well as any other prohibitions and requirements contained in the applicable laws), including private messages and comments, to suspend, limit or terminate access to any Services at any time for any reason or without giving reasons not being liable for any damage which may be caused to the User by such action.
7.5. In the case of the appearance on the Website or a certain Service of Content which, in the opinion of the User (rights holder), violates or may violate, or, without consent of the User, affects its copyright and/or associated rights, the User shall be entitled to address the MESF by forwarding a statement on the violation to the e-mail of the support service, observing the requirements imposed by the MESF on such messages. These requirements shall be imposed on the applicant by the MESF for the purposes of the efficient response of the MESF to the availability on the Website or certain Services of the Content probably violating the rights of the User (rights holder) and for the purposes of exclusion of violation of the rights of other Users in the instance that the MESF takes measures for suppression of a possible violation.
The statement of the applicant to the MESF on the possible violation of his/her rights shall contain the following:
- precise link to the content location (URL address);
- confirmation of the applicant that he/she is the rights holder as to the works stated, or his/her authorized representative;
- any other information confirming the fact of violation.
In the case that the Content is in video or audio format, the statement shall contain the full initial title of the works, the rights to use of which belongs to the applicant, as well as the title of the works posted on the Website or a certain Service.
Within the framework of processing the statement, the MESF shall reserve the right to request for the additional information and documents.
Upon receipt of the information volume necessary for establishment of the fact of violation, the MESF shall take prompt measures for locking and removal of the illegal Content.
7.6. If within the framework of the Website or certain Services the User reveals that the Content posted by other users is obscene or abusive, the User shall be entitled to address the MESF, using the means available for the User, with a request of removal of such Content. However, the User shall agree that the MESF shall not be liable for Content which, in the User’s opinion, is obscene or abusive.
8. Rights and Obligations of the MESF
8.1. The MESF shall have all necessary rights to the Content of the MESF (including in respect of the software for computers on the Website, databases, information materials, graphics being the elements of the User’s interface, etc.), trade name, trade marks (service marks), logotypes and other distinctive marks of the MESF.
8.2. The technology and software underlying the Website and/or Services is the property of MESF, Partner, and MESF’s affiliates and partners (the “Technology”). User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Technology.
8.3. The MESF shall carry out current management of the Website/Services, determine their structure, interface, permit or limit the access of the Users to the Website/Services, and exercise other vested rights.
8.4. Some of the Services shall be administrated directly by the Partners, without participation of the MESF, due to which the MESF provides Users with only the technical opportunity for their use (access to the Service).
8.5. As to provision of the option of interrelation among Users, including provision of Users with the opportunity to independently take any actions within the framework of the Website/Services, the MESF shall be the party which has only organized the technical option of such interrelation, and the transfer, storage and provision of access by means of the Internet to the information, graphics and other materials provided by the Users related thereto shall be carried out without change of such materials or influence thereon by the MESF.
8.6. The MESF shall be entitled to:
8.6.1. at any time change the interface of the Website, its content, list of Services, change and add used scripts, software, MESF Content and other objects used or kept on the Website, and any server applications;
8.6.2. without giving any reasons remove any Content, including Content which, in opinion of the MESF, violates and/or may violate applicable laws, provisions hereof or any agreement for a separate Service, rights of other Users or the third parties, cause losses thereto or endanger safety;
8.6.3. at its discretion remove any information (including private messages of a User, comments to the photos of a User, statuses, other information and materials), including information posted by a User on the Website/within the framework of the Services in violation of the applicable laws or the provisions hereof;
8.6.4. suspend, limit or terminate access of the User to all or any of the sections of the Website/Service;
8.6.5. at its discretion remove the User’s Account, including in case of taking by the User of the actions violating the applicable laws or the provisions hereof;
8.6.7. mail out messages to Users containing advertising of goods or services of the third parties, which shall not be carried out without prior consent of the Users.
8.6.8. The MESF shall not deal with consideration and settlement of the disputes and conflict situations arising out between the Users, as well as between the User and the Partner when using by the User of the Partner Service, but, at its own discretion, may assist in settlement of the conflicts which have arisen. The MESF shall be entitled to suspend, limit or terminate access of a User to the Website/Services in case of receipt from other Users of reasoned complaints for improper conduct of the User on the Website.
8.6.9. The MESF shall reserve the right to concede its rights and obligations hereunder to any third party at its own discretion, having notified the User in the ways specified herein. Your rights and obligations hereunder shall be deemed transferred at the moment of posting of the relevant notice.
8.6.10. contact you through the contact details, which you have provided, for the purposes related to the provision of the Services to you, including without limitation your identification, your participation in tournaments, your use of the Website, your account, etc.
8.7. The User agrees and acknowledges that any and all rights that are not expressly granted hereunder are reserved by the MESF and/or its partners (if applicable).
Rights to intellectual property granted hereunder to the Users are licensed, but not sold, and confers no title or ownership in Website and its Services.
9. Rights and Obligations of the User
9.1. The User shall be entitled to:
9.1.1. arrange settings of the Account, change the password for access to the Account, as well as take other actions provided to the User by the functional options of the Website/Services;
9.1.2. take other actions related to using of the Website/Services not prohibited by the applicable laws.
9.1.3. Any rights not expressly granted to User herein are reserved by MESF and/or Partners, as applicable.
9.2. The User shall:
9.2.1. observe the terms and conditions hereof and the agreements for certain Services, as well as the statutory provisions of the applicable laws;
9.2.2. take necessary measures for ensuring the confidentiality of account data (login and password) used for access to the Account, and make sure the password is not saved in the browser (including when using cookies technology) in case of possible use of the computer by other persons;
9.2.3. if such an option is provided for by the functions of the Website/Service, not post photos on which there are persons other than the User, without their prior consent, except for cases where such consent is not required in accordance with the law;
9.2.4. notify the MESF as regards all cases of actions taken in respect of the User which may be considered as abusive, humiliating, discrediting, etc.;
9.3. HEALTH OF USERS
The User understands and agrees that continuous usage of a personal computer over an extended period of time may result in various complications of physical condition, including, without limitation, vision problems, scoliosis, various forms of neurosis, as well as other undesirable and negative effects on the User’s body.
The User hereby warrants that he/she will use Website and its Services only for a reasonable duration with breaks for rest and that the User will take other measures prescribed by his/her doctor to protect his/her health.
The following precautions should be taken by Users:
- Avoid using of Website and its Services if tired or short of sleep;
- Use Website and its Services at good distance from the screen;
- Use Website and its Services in a lit room and moderate the brightness of the screen;
- Take breaks of ten (10) to fifteen (15) minute every hour.
10. The User shall be prohibited from
10.1. collecting personal data of other users;
10.2. use of any automatic or automated means for collection of the information posted on the Website/within the framework of the Services;
10.3. carry out propaganda or agitation provoking the social, race, national or religious hatred and enmity, propaganda of war, social, racial, national, religious or language superiority;
10.4. post on the Website/within the framework of the Services or send by Private messages information of limited access (confidential information) of third parties, if the User does not have sufficient rights by authority of the law or a contract for disclosure of this information;
10.5. post, reproduce, copy, process, distribute, and publish on the Website/within the framework of the Services, bring to the public notice, download, transfer, sell or otherwise use in full or in part the Content of the MESF, Partners, other Users and the third parties without their prior consent, except for the cases established hereby or the agreements for certain Services, current applicable laws, as well as the cases when the right holder expressly stated its consent for free using of its own Content by any person;
10.6. by posting the Content on the Website/Services, the User shall confirm that he/she has all the rights required, including the right to bring to the public notice that such posting does not violate and will not violate the rights and legal interests of the rights holders and third parties, and that all necessary permits and consents of the relevant rights holders and third parties have been properly and obviously obtained for that. If the User does not have the required rights and/or the consent of the rights holder, it shall be prohibited to post the Content on the Website. The User shall agree that, downloading Content on the Website, the User shall provide access thereto for the other registered Users by default. The Website shall be only a means which allows the User to carry out access and communication/bringing the Content to the public notice. Within the framework of the measures taken by the MESF for suppression of violation by the users of the rights of the rights holders and prevention from distribution of false information, the MESF shall be entitled to demand submission of evidence that the User has the required volume of rights for use of the Content (works) on the Website/within the framework of the Service. Up to receipt of such confirmation the specified works may be blocked;
10.7. post on the Website/within the framework of the Services in public access the content of which is abusive for other Users or other persons, or may be considered as such, as well as messages, images and other materials discrediting the Users or other persons, contains threats, appeals to violence, taking illegal actions, antisocial, or immoral deeds, as well as taking any other actions contradicting the principles of public order and morality;
10.8. post on the Website/within the framework of the Service content, which causes or may cause loss to the honor, dignity and business reputation of an individual or the business reputation of an organization;
10.9. post on the Website/within the framework of the Services content containing swear words and expressions, post on the Website/within the framework of the Services materials of an erotic and/or pornographic nature or the hypertext links to Internet websites containing such materials;
10.10. post on the Website/within the framework of the Services information propagandizing suicide, containing description of the means of suicide and any instigation to commit thereof;
10.11. post on the Website/within the framework of the Services information related to occults subject and activity (magic, fortune telling, Satanism, love spells, spells, wizardry, rituals, astrology, horoscopes, etc.);
10.12. post on the Website/within the framework of the Services advertisements and other information on narcotic and psychotropic substances, including information on distribution of drugs, formulas of their manufacture and advice on their consumption;
10.13. post on the Website/within the framework of the Services information violating the rights of minor persons;
10.14. post on the Website/within the framework of the Services information of a fraudulent nature;
10.15. post on the Website/within the framework of the Services personal data, including the contact data of other Users or other persons without their prior consent;
10.16. specify when registering the Account, or afterwards input the information on himself/herself known to be false or fictional, for the purpose of pretending to be another User and mislead the Users;
10.17. post on the Website images of other persons or fictional personages, images of animals, things, abstract images and personal photos, as well as any other graphic images, not being the photos of the User posting these images;
10.18. register more than one User Account by one and the same person;
10.19. post on the Website/within the framework of the Services in public access without prior consent of the MESF, transfer by private messages text messages, graphics and other materials containing advertisements;
10.20. take actions focused on destabilization of functioning of the Website/Services, make attempts at unauthorized access to the management of the Website/Services or the Private Sections (the sections access to which is allowed only for the MESF), as well as take any other actions of the same kind;
10.21. carry out unauthorized access to other users’ Accounts by guessing and input of the password, as well as take attempts of such access;
10.22. effect mail-out of spam – the mailing out of commercial, political, advertising and other information (including hyperlinks referring to the Internet websites with such information and/or to the Internet websites containing scumware) in the content;
10.23. use the Website/Services for the purposes of search of debtors or for other purposes of such kind;
10.24. post on the Website information promoting the advertisement of tobacco and tobacco products, drugs, narcotic substances, strong and low-alcohol beverages;
10.25. post on the Website other information which, in the opinion of the MESF does not comply with the policy and aims of the Website creation;
10.26. violate the requirements hereof and the agreements for certain Services and the statutory provisions of the applicable laws.
10.27. attempt to circumvent any security measures adopted on Website/Services, including blocking access based on IP-address;
10.28. modify, adapt, decompile, disassemble, or change Website/Services and/or any of its components and any intellectual property access to which the User is granted during the course of Website/Services use;
10.29. distribute for commercial or non-commercial purposes Website/Services and/or any of its components and any intellectual property access to which the User is granted during the course of Website/Services use, copies or screenshots thereof, either by means of distribution of physical media, or by means of making it available for download by third parties from the Internet;
10.30. translate Website/Services and/or any of its components into other languages, or create other derivative works of Website/Services and/or any of its components;
11. Guarantees and Liability of the Parties
11.1. The User shall guarantee that posting thereby on the Website/within the framework of the Services of the information, Content, other results of intellectual activity protected by law, their parts or copies, as well as other materials, does not violate anybody’s rights and legal interests.
11.2. In case of claims from the third parties due to violation by the User of the terms and conditions hereof, to the extent of posting of the information and/or the Content of the third parties, the MESF shall be entitled to submit the available User’s contact information within the framework permitted by the law to the persons applying with the claims, for the purposes of settlement of the occurred disagreements.
11.3. The User shall be personally liable for any Content or other information which he/she uploads on the Website/Services or otherwise communicates to the public on the Website or with its help. The User shall independently settle the claims of the third parties related to illegal posting of Content and information.
11.4. Hyperlinks to any website, product, service, any information of commercial and non-commercial character posted on the Website/within the framework of the Services or sent by the Users in the messages shall not be approval or advice on these products (services) on the part of the MESF. The MESF shall not be liable for the loss caused to the User as a result of following such hyperlinks.
11.5. Following the Websites of the third parties, installation of applications and consumption of the services of the third parties shall be carried out by the User at his/her own risk. The provisions hereof shall not be applied in respect of the relations of the User and the third parties.
11.6. Providing the User with the technical opportunity to use the Website, the MESF shall not participate in formation of the User’s Account content and downloading of Content by the User, and shall not effect control over the User’s actions.
11.7. The MESF shall not carry out and does not have the technical capability to carry out preliminary moderation of the information and Content of the Users and shall not be liable for Content posted by the User.
11.8. The MESF shall not be liable for possible breakdowns and breaks in the Website operation and the information loss caused thereby, but shall take all possible efforts depending on the MESF in order to avoid the aforementioned. The MESF shall not be liable for any loss to the computer of the User, to the mobile device, or to any other equipment or software caused or related to using of the Website/Services or the websites available through the hyperlinks posted on the Website/Services.
11.9. The MESF shall not be liable for password attacks of third parties and any actions taken thereby using the User’s Account.
11.10. The MESF shall not be liable for any loss, including the lost benefit or the damage caused in relation to using of the Website/Services, Content or other materials to which the User or other persons have obtained access with the help of the Website, even if the MESF has warned or mentioned the possibility of infliction of such loss or damage.
11.11. The MESF shall not be liable for any loss which may be caused to the User, including the loss of the data, removal of the Account, Content or termination of functioning of the Website/Service, taking all possible efforts depending on the MESF to exclude or lower the risk of adverse consequences.
11.12. The User shall be liable for illegal actions taken using the User Account, as well as in relation to posting of Content using his/her Account on the Website, User Profile, on the Personal Pages of other Users, forums, comments and in other sections of the Website/Services.
11.13. For violation of the provisions hereof or the agreements for certain Services access of the User to the Website, certain sections of the Website and/or the Services may be limited, suspended or terminated for an indefinite term. Access may be restored upon the relevant written application of the User at the discretion of the MESF.
12. Indemnity and Release
13. Disclaimer of Warranties
UNLESS OTHERWISE EXPRESSLY PROVIDED BY A SPECIFIC WRITTEN AGREEMENT REGULATING THE USE OF SERVICE, WEBSITE AND/OR SERVICE(S) IS PROVIDED “AS IS”. THEREFORE, USERS ACKNOWLEDGE THAT WEBSITE AND/OR SERVICE(S) MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE MESF WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF WEBSITE AND/OR SERVICE(S), ACCORDINGLY USERS ACKNOWLEDGE THAT WEBSITE AND/OR SERVICE(S) ISN’T ERROR-FREE AND MAY BE INTERRUPTED. THE MESF SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF USERS’ USE OF WEBSITE AND/OR SERVICE(S)) TO SUSPEND OR STOP OPERATION AND/OR ACCESS TO WEBSITE AND/OR SERVICE(S) OR ANY PART OF IT FOR ALL OR SOME USERS AT ANY TIME. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE MESF DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AS WELL AS WEBSITE AND/OR SERVICE(S) PROVIDED BY THE MESF, ITS PARTNERS, OR OTHER USERS. THE MESF DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE WEBSITE AND/OR SERVICE(S). USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR WEBSITE AND/OR SERVICE(S) AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS.
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE MESF COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
IN THE EVENT THAT MESF IS HELD LIABLE, MESF MAY GAIN EXEMPTION FROM SOME OR ALL OF ITS LIABILITY, HOWEVER, BY PROVING THAT THE NON-PERFORMANCE OR POOR PERFORMANCE OF THE CONTRACT WAS ATTRIBUTABLE TO THE CONSUMER, TO AN UNFORESEEABLE AND INSURMOUNTABLE FACT OF A THIRD PARTY, OR TO AN INSTANCE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MESF SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING OUT OF LOSS AND/OR DESTRUCTION OF DATA, DAMAGES ARISING OUT OF LOSS/TERMINATION/SUSPENSION OF ACCESS TO USERS’ ACCOUNTS, LOSSES BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE WEBSITE AND/OR SERVICE(S) AS WELL AS LOSSES/DESTRUCTION/CHANGES OF THE INFORMATION PLACED BY THE USER AT THE FORUMS OR CHATS. IN ANY CASE, THE LIABILITY OF THE MESF TO USERS SHALL BE LIMITED TO COMPENSATION FOR ACTUAL DAMAGE, WHICH SHALL NOT EXCEED 100 EUROS. THE USER MAY NOT RECEIVE ANY COMPENSATION FOR LOST PROFITS UNDER ANY CIRCUMSTANCES. THE MESF SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES TO USERS OR THIRD PARTIES CAUSED BY:
(A) USE OF OR INABILITY TO USE A WEBSITE AND/OR SERVICE(S);
(B) UNAUTHORISED ACCESS OF ANY THIRD PARTIES TO THE USER’S PERSONAL INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER’S ACCOUNT, IN-GAME ACCOUNT WITHIN THE GAME; AND
(C) STATEMENTS OR BEHAVIOUR OF ANY THIRD PARTY IN THE WEBSITE AND/OR SERVICE(S), IN- FORUMS OR CHATS, OR IN COMMENTS ON THE WEBSITE. THE MESF SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF THE MESF, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND THE MESF’S CONTROL, SUCH AS ACTS OF GOD, WAR, TERRORISM, EPIDEMIC, PANDEMIC, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRES, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR, OR MATERIALS.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE MESF’S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
15. Final Provisions
15.3. The invalidity of one or several provisions hereof and/or the agreements for certain Services admitted in accordance with the established procedure, or by the effective court decision, shall not cause for the Parties invalidity of the agreements as a whole. In case of the admission of one or several provisions invalid in accordance with the established procedure, the Parties shall undertake their obligations there under in the way closest to that implied by the Parties when concluding the agreement and/or agreed change.
15.4. Cooperation with Legal Authorities. MESF will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions. MESF strictly follows AML (Anti-Money Laundering), KYC (Know Your Customer) and other banking or government policies and regulations in respective jurisdictions. You fully agree to assist MESF in fulfillment of the mentioned regulations and provide any necessary information if such is required of you by the authorized authority.
15.8. All disputes hereunder shall be subject to settlement by means of correspondence and negotiations using obligatory pre-judicial (claim) procedure. In the case that no agreement is reached by the Parties by means of negotiations within sixty (60) calendar days from the date of receipt by the other Party of the relevant written claim, the dispute consideration shall be transferred by any interested party to the court at the location of the MESF (with exception of admissibility of a case to any other courts).
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.