This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. Your continued use of the Website following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Service, including contest rules and eligibility. We will provide these terms to you or post them on the Website pages to which they apply; they are incorporated by reference into these T&C. If there is a conflict between these T&C and any additional terms that apply to a particular Service, the additional terms will control. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
As set out in more detail below, CYBERSHOKE RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OF ANY MEMBER WHO VIOLATES, OR WHOM CYBERSHOKE REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE TERMS AND CONDITIONS OF SERVICE, AT ANY TIME WITHOUT NOTICE. Please note that if a User’s account is closed due to a violation of the T&C, CYBERSHOKE reserves the right to determine how the User’s account balance will be distributed.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect. No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Võlaõigusseadus 2001.
This Website is owned by CYBERSHOKE OÜ (hereafter “Company” or “CYBERSHOKE”), a company registered in Estonia (Company Number 16387544), whose registered office is at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-636, 10117, Estonia.
These Terms and Conditions were last updated, and became effective, on 21th of July 2022.
1. GOVERNING LAW AND DISPUTES
These terms and conditions shall be governed by and construed in accordance with Estonian law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Estonian courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country. By registering for an account and/or participating in any challenge or tournament offered on the Website, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the Estonian courts, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
We make no representation that this Website is operated in accordance with the laws or regulations of, or governed by, other nations. By utilizing the Services and participating in Website activities, you certify that you meet the age and other eligibility requirements for that activity within the Website and the Services as set forth in the T&C. If you do not meet the age and other eligibility requirements, please discontinue using the Website and the Services immediately.
You and CYBERSHOKE agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and Valve do not reach an agreement to resolve that claim or dispute within thirty (30) calendar days after the notice is received, you or CYBERSHOKE may commence an arbitration. Written notice to CYBERSHOKE must be sent via postal mail to: Attn: CYBERSHOKE OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-636, 10117, Estonia.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Company.
If any portion of the Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
3. REGISTRATION ELIGIBILITY
Registration of an account is void where prohibited. This Website is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By using any of the Services or the Website, you represent and warrant that you are 18 or older and that you agree to and to abide by all the terms and conditions of this Agreement, you will comply with the game related age restrictions and/or guidelines in the country in which you reside.
4. PARTICIPATION ELIGIBILITY
In order to register and/or participate to any competitions on the Website, an individual must: be a natural person, at least 18 years old, and who has had the Steam (https://store.steampowered.com) OpenID submitted assigned to them as has been represented on the account registration form; be physically located in a Territory in which participation in the competitions you select on the Website is unrestricted by law; at all times comply with these T&C.
By using or accessing the Website, you represent and warrant that you have the right, authority, and capacity in accordance to your local legislation to enter into this agreement to abide by all the Terms and Conditions.
5. PROOF OF ELIGIBILITY
CYBERSHOKE may at any time require any User to provide proof of eligibility to participate in order to continue to allow such User access to the Website, and each User hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Website. In addition, each User will be required to provide proper identification and proof of eligibility upon receiving of the relevant request of CYBERSHOKE. Participants may, at their option, pre-register their identification at any time prior to request. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO CYBERSHOKE, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE USER’S ACCOUNT.
6. INFORMATION REQUIRED
Upon registration and/or during the processing of account upgrades, you are required to provide the Steam OpenID information that was provided in frames of your registration in Steam platform and additional information which is as follows:
Your e-mail address
Permanent residential address
Your game related information, such as nicknames
Credit card or other payment information
The information you provide must be a true representation of your credentials. If CYBERSHOKE determines you are registering with purposely incorrect information, CYBERSHOKE reserves the right to close your account. CYBERSHOKE also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.
7. ACCURACY OF INFORMATION
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to CYBERSHOKE, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account.
8. LOCAL LAWS
You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Website or use Services, and are solely responsible for obeying those laws. You agree CYBERSHOKE is not and cannot be held liable if laws applicable to you restrict or prohibit your participation. We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the Estonia. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the Estonia, you do so at your own risk and you are responsible for compliance with local laws.
CYBERSHOKE reserves the right to monitor the location from which you access the Website and to block access from any jurisdiction in which participation is illegal or restricted.
9. LIMITATIONS ON PARTICIPATION
You may establish only one account per person to participate in the activities offered on the Website. The Website reserves the right to monitor all activities on the Website, including without limitation, any effort to establish multiple accounts; in the event the Website discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The Website also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas. The Website also reserves the right to terminate and close, without notice, any account that has been used on a computer which has been previously used to violate these Terms and Conditions.
10. ACCOUNTS FOR INDIVIDUAL USE ONLY
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these T&C, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Website, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. All activities undertaken under a member’s account will be deemed to have been done by that User.
11. VIOLATION OF THE T&C AND ABUSE LIABILITY
Any User who displays behaviour which may be interpreted as the use of unfair methods on the Website, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. “sandbagging”), harassment of other participants, posting of objectionable material, any breach of these T&C, or any breach or attempted breach of the security of your account or the Website (collectively, “Abuse”), shall be subject to immediate sanction (as determined by CYBERSHOKE in its sole discretion), up to account termination and blocking of access to the Website and, in the case of any other illegal activity, disclosure to the appropriate state authorities, and legal actions at the sole discretion of CYBERSHOKE.
The Website will not intentionally disclose any personally identifying information about User (including information submitted on the application form, social security number, e-mail address, information obtained by the Website from cookies, and information regarding User IP address) to third parties without User’s consent except where the Website, in good faith, believes such disclosure is necessary to comply with the law or other contractual provisions of the Website or to enforce the Terms and Conditions or other rules of the Website.
The Website reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. CYBERSHOKE utilizes e-mails to let you know of special promotions, and events and policy changes.
13. PROMOTIONAL ACTIVITIES
By registering for an account, you agree that the Website may display your username, gameplay data and statistics, tournament records and any other information that regarding your gaming activity. By registering an account and/or accepting any prize from the Website, you agree to allow the Website to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
14. CONTENT EXPERIENCE
In any part of the CYBERSHOKE Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including CYBERSHOKE’s agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by CYBERSHOKE (e.g., videos, posts or images) may incorporate advertising, and CYBERSHOKE OÜ is not responsible for any such advertising.
15. USER POSTED CONTENT ON YOUR WEBSITE
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Website or Service that you did not create or that you do not have permission to post.
You understand and agree that CYBERSHOKE may, but is not obligated to, review the Website and may delete or remove (without notice) any Website Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide CYBERSHOKE.
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to CYBERSHOKE an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. CYBERSHOKE does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
16. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS. THIRD PARTY PAYMENT PROCESSORS. REFUNDS AND CANCELLATIONS ON SUBSCRIPTION
When you provide payment information to CYBERSHOKE or to one of its payment processors, you represent to CYBERSHOKE that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize CYBERSHOKE to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription or other fees incurred by you.
For Subscriptions ordered based on an agreed usage period, where recurring payments are made in exchange for continued use ("Recurring Payment Subscriptions"), by continuing to use the Recurring Payment Subscription you agree and reaffirm that CYBERSHOKE is authorized to charge your credit card or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have ordered any Recurring Payment Subscriptions, you agree to notify CYBERSHOKE promptly of any changes to your credit card account number, its expiration date and/or your billing address, or other payment account number, and you agree to notify CYBERSHOKE promptly if your credit card or other payment account expires or is cancelled for any reason.
'Premium' and 'Lite' paid subscriptions to the CYBERSHOKE service are available on the basis of a monthly, 6-month and 12-month subscription plan.
If you have a Paid Subscription, your payment to CYBERSHOKE will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
CYBERSHOKE may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the CYBERSHOKE Service after the price change takes effect, you accept the new price.
The cancellation will take effect the day after the last day of the current subscription period and you will be downgraded to the free service. However, if you cancel the payment and/or terminate the terms after the cooling off period (if applicable) and/or before the end of the subscription period, we will not refund the subscription fees already paid to us.
CYBERSHOKE may change the price of paid subscriptions from time to time and notify you of any price changes. Price changes to paid subscriptions will take effect at the beginning of the next subscription period following the date of the price change. By continuing to use the CYBERSHOKE service after the price change takes effect, you accept the new price.
You have the right to change your mind and receive a full refund within fourteen (14) days of your purchase (the 'Waiting Period'), but only if you have not logged in, otherwise used them, or started using them. To disable automatic renewal of a subscription from a linked card, you need to log in to your personal account, and then go to the “Settings” and “Privilege” sections. The page will contain a text that informs about active or disabled auto-renewal. Click 'Cancel' and then 'Confirm'. This way you will disable regular charges.
If your use of CYBERSHOKE is subject to any type of use or sales tax, then CYBERSHOKE may also charge you for those taxes, in addition to the Subscription or other fees. All fees on Steam in the European Union include the EU VAT ("VAT") tax. European Union VAT ("VAT"). VAT amounts collected by Valve reflect VAT due on the value of any Content and Services or Subscription.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, CYBERSHOKE may terminate your access to your Account.
If you pay by credit card or certain other payment instruments, you may be provided with a third-party interface to input, change, and update your payment information to make payment. Payments made by credit card, debit card or certain other payment instruments for the Services may be billed and processed by a third-party payment agent. You hereby authorize the third-party agent to charge your credit card, debit card, or other payment instrument for the Services, both in advance on a periodic basis if applicable and in accordance with any Order, Invoice, or the Services. To the extent the payment agent is not CYBERSHOKE, the payment agent is acting solely as a billing and processing agent for and on behalf of CYBERSHOKE and shall not be construed to be providing the applicable Service. Any third-party payment agent or intermediary is not permitted to store, retain or use your billing information except to process payment for the Services. CYBERSHOKE reserves the right to charge you for any transaction or service fee charged to CYBERSHOKE or processing payments.
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Website, such submissions shall become, and shall remain, the sole property of the Website. No submission shall be subject to any obligation of confidence on the part of the Website. The Website shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
18. COMPETITIONS LEVELS
Each User acknowledges that the outcome of the matches and tournaments offered on the Website are directly related to the skill levels of each User participating. CYBERSHOKE does not comment or have knowledge of the probability of one User winning a match vs. another User, and makes no representations about an individual User’s chances of winning. Prizes are generally virtual points, which are deposited directly into winners’ accounts.
19. GAME PLAY
The Website is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform or any incorrect or inaccurate results that may be posted on your online game. You may not:
Gain unauthorized access to the Website’s systems or any account (other than your own), interfere with the communications, procedures or performance of the Website or deliberately damage or undermine the Website,
Affect the outcome of your online game play on your platform by means of or with the assistance of automatic, macro, bots, automated programs, screen analysis utilities, any type of mods, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Website
Alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all premium and free benefits, bonuses and incentives to which you would otherwise be entitled, but potentially also civil and/or criminal prosecution.
The Website, in its sole discretion, reserves the right to terminate any person’s account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek criminal and/or civil prosecution to the greatest extent possible.
CYBERSHOKE account holders may access the CYBERSHOKE Service by any of our several Subscriptions:
Free Service: a free-of-charge service limited to a certain amount of features and/or events;
Lite Service: a subscription fee-based service that gives access to the limited list of the premium benefits;
Premium Service: a subscription fee-based service which gives access to all premium benefits.
The Premium Service permits to use premium features such as unlimited teams creations, premium badges, priority over map and server selection in voting, priority to be captain in a game, advanced gaming statistics and premium only competitions and rankings. CYBERSHOKE reserves the right, in its absolute discretion, to review and change the benefits of premium subscriptions. You may not transfer access to your account. The Lite Service and the Premium Service are hereinafter referred to as “Paid Subscriptions”.
From time to time, we may offer trials of the Lite Service and/or Premium Service for a specified period without payment (a “Trial”). CYBERSHOKE reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Lite Service and/or Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your CYBERSHOKE account’s settings before the end of the Trial.
All references to dollars or “$” on the Website are references to U.S. dollars (USD). All references to euros or “€” on the Website are references to European Union Euros (EUR). All transactions will be denominated in U.S. dollars (“$”) or or Euros (“€”) unless otherwise expressly stated.
If you make a subscription payment that is denominated in a currency other than U.S. dollars or Euros, please be aware that the funds might be converted into U.S. dollars or Euros by our Payment Processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that Payment Processors or your financial institution may use different conversion rates for subscription and refund transactions. The conversion rate used is not under the control of CYBERSHOKE and we recommend that you contact your financial institution directly for more information.
23. ACKNOWLEDGMENT OF PROPRIETARY RIGHTS
By registering for an account and/or participating in any tournament offered on the Website, you acknowledge that all information contained on the Website may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Website.
All content on the Website and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved.
No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Website.
The Website neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties. While the Website uses reasonable efforts to include accurate and up-to-date information, the Website makes no warranties or representations as to its accuracy.
The Website assumes no liability or responsibility for any errors or omissions in the content of the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Except for your own User Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms and Conditions and does not include use of any data mining, robots or similar data gathering or extraction methods.
Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Website or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Website promotion, marketing and posting.
Furthermore, the Website is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website, including the names of all games, are registered and unregistered Trademarks of the Website and/or others. Nothing contained on the Website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Website or such third party that owns the Trademark displayed on the Website.
Your misuse of any Trademark displayed on the Website, or any other content on the Website, except as provided in the Terms and Conditions, is strictly prohibited.
You are also advised that the Website will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.
24. COPYRIGHT INFRINGEMENT
In accordance with Estonian and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to [email protected].
25. COPYRIGHT INFRINGEMENT – DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Company infringe your copyright, you (or your agent) may send Company a notice requesting that the material be removed or access to it blocked by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online web site are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
Information reasonably sufficient to permit the Company to contact you, such as a name,address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this Website should be sent to: CYBERSHOKE OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-636, 10117, Estonia. Company suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Any rights not expressly granted in these terms are reserved.
26. USER CONDUCT
You understand that except for advertising programs offered by us on the Website the Service and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Website to:
harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
use automated scripts to collect information from or otherwise interact with the Service or the Website;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Website.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Company or its users to any harm or liability of any type.
utilize advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages.provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors; · unreasonably annoy (particularly with SPAM) any other User;
unreasonably annoy (particularly with SPAM) any other User;
use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).provide, post or otherwise distribute, content that contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
provide, post or otherwise distribute, content that discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
provide, post or otherwise distribute, content that violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
provide, post or otherwise distribute, content that interferes with any User’s uninterrupted use of the Company Website;
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY COMPANY.
It is your responsibility to determine that your input into our Website, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by email to.
27. ANTI-SPAM POLICY
CYBERSHOKE prohibits any activity commonly referred to as “Spam”. Users who are reported and whose claims of “Spam” are validated by CYBERSHOKE will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of CYBERSHOKE. Additionally, any winnings (if any) may be voided at the sole discretion of CYBERSHOKE. CYBERSHOKE defines “Spam” as:
Posting and/or sending a single message or messages similar in content, to more than five (5) users and/or posting and/or sending messages to users that violate their rules.
Collecting responses from unsolicited e-mail.
Sending any unsolicited e-mail that could be expected, in Company’s opinion, to provoke complaints.
Sending e-mail with charity requests, petitions for signatures, or any chain mail-related materials.
Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
Sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin.
Using Company facilities to violate what could reasonably be considered a violation of another Internet Service Provider’s (ISP) acceptable use policy and/or terms of service.
User is further prohibited from the following activities:
Employing any mechanisms, software or scripts when using the Company Website. However, the User may use the interfaces or software provided by Company within the scope of the services available on our Website and in accordance with these Terms;
Blocking, overwriting, modifying and copying of any contents of the Company Website.
Distributing or publicly disclosing the contents of the Website or any of its terms, without written permission from Company, or
Performing any actions that may impair the operability of the Company Website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
CYBERSHOKE may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Suspension: Upon the receipt of a credible and validated complaint, CYBERSHOKE may also elect to immediately suspend the membership of the User implicated in the abuse. Suspension serves as a “Final” warning and will prevent the User from continuing their abusive “Spamming” behavior. CYBERSHOKE will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. The Website reserves the right to lift the suspension of a User at any time, at its sole discretion.
Account Termination: Upon the receipt of a credible and validated complaint, the Website may immediately terminate the membership of the individual User implicated in the abuse and may void any associated winnings.
28. ABUSE REPORTING
If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to [email protected]. Please refer responsibly.
29. FORFEITURE AND ACCOUNT SUSPENSION/TERMINATION
CYBERSHOKE is committed to taking all necessary measures to prevent anything that gives a User an unfair advantage over another User, as well as to ensuring that the CYBERSHOKE environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a User is failing to observe the Code of Conduct, these T&C or any other terms or policies that govern the usage of the Website or Services.
As described below, if you are found to be in violation with any of these terms and policies, we may suspend or revoke your account, or the funds in your Account, void your scores, seize funds in your Account to repay Users who you have cheated against and/or commence legal proceedings against you. CYBERSHOKE may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.
CYBERSHOKE reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term of these T&C; (ii) you are participating in any attempt to defraud CYBERSHOKE or the Website through the use of Credit Cards or other methods of payment, regardless of the outcome;(iii) you have failed to honor legitimate charges or requests for payment, or you have ‘charged back’ or denied any of the payments on your account; (iv) you are participating in any attempt to cheat another User through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.
For breaches of the T&C (including the Code of Conduct) that are deemed by CYBERSHOKE, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their account suspended at the discretion of CYBERSHOKE. Repeat offenders will be deemed to be intentionally violating the T&C.
If you are suspected of having violated the Rules of Conduct, CYBERSHOKE reserves the right to suspend your Account, including any access to the CYBERSHOKE Website, or freeze the funds in your Account and any Account balance or withdrawals pending for up to six months while an investigation shall occur.
30. ACCOUNT TERMINATION
CYBERSHOKE reserves the right to terminate your account, limit or prohibit your participation in any game or tournament.
By registering for an account and/or participating in any tournament or game offered on the Website, you consent to allow CYBERSHOKE to access your account information to investigate complaints or other allegations of abuse. All won competitions (if any) may be voided at the sole discretion of CYBERSHOKE.
Any person whose access has been suspended or terminated may not re-register for, or re-access, the Website without our prior written consent. You are responsible for everything that is done on or through your account while you are a User of the Website.
You are entitled to close your Account at any time by contacting Customer Support at [email protected]. CYBERSHOKE will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your account until such closure has been effected. CYBERSHOKE is entitled to terminate these T&C immediately on notice (or attempted notice) to you at the email address you have provided.
32. NO WAIVER IMPLIED
The failure of CYBERSHOKE to enforce at any time any of the provisions of these T&C, or the failure to require at any time performance by you of any of the provisions of these T&C, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the CYBERSHOKE to enforce each and every such provision thereafter. The express waiver by the CYBERSHOKE of any provision, condition or requirement of these T&C shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
33. DISCLAIMER OF WARRANTIES
While Company uses reasonable efforts to include accurate and up-to-date information, Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company Websites, either now operating or created in the future. Company disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company Website.
Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company Websites or on any external web sites linked to them. In particular, Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall Company 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, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
COMPANY WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEBSITES, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEBSITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEBSITES. COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEBSITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEBSITES.
USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEBSITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
COMPANY AND ITS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
34. LIMITATION OF LIABILITY
YOU AGREE THAT CYBERSHOKE 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 CYBERSHOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (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 SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, CYBERSHOKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF CYBERSHOKE SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY GAME OR SIMILAR FEES WITH RESPECT TO ANY PAYMENT OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST CYBERSHOKE.
BY REGISTERING AND/OR PARTICIPATING IN ANY SERVICES OFFERED ON THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CYBERSHOKE, 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 (COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU). CYBERSHOKE RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT CYBERSHOKE’S PRIOR WRITTEN APPROVAL.
36. HACKING, TAMPERING OR UNAUTHORIZED ACCESS
By registering for an account and/or participating in any tournament offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account. Any attempt to gain unauthorized access to the Site’s systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. Any attempt to participate in any tournament offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.
38. STATUTE OF LIMITATIONS
39. ENTIRE AGREEMENT
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