TERMS OF SERVICE

Your access to and use of Codigat is conditioned on your acceptance of and compliance with these Terms
Please read these Terms of Service (the “Terms”) carefully before using the services provided through the website Codigat, operated by “we”, “us” or “our”, a company incorporated under the laws of Sweden. Your access to and use of Codigat is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use Codigat and any service provided through it. By accessing or using Codigat you agree to be bound by these Terms.

We may, at any time and of any reason, amend these Terms by publishing the amended terms on Codigat. All amended terms shall automatically be effective thirty (30) days after they are initially published on Codigat or otherwise accepted by you. By accessing or using Codigat you acknowledge such modifications may occur and that you are responsible to stay up to date with any changes. Additional terms may apply to your use of Codigat. Questions related to these Terms shall be directed to office@codigat.com.

 

1. DEFINITIONS AND INTERPRETATION

“Service” means, in these Terms, the website Codigat and the services provided through it.
“you” or “your” means, in these Terms, you who use the Service.
“User” means, in these Terms, another User of the Service.
“User Account” means, in these Terms, the personal password protected account used to identify specific Users (including you) during use of the Service.
“Monetary Account” means, in these Terms, each User Account’s monetary account to which withdrawals / debetting may be made.
“Content” means, in these terms, all texts, graphics, videos, pictures and all other information that you or anyone else upload and/or publish or in other ways make available for others at or via the Service.
“Game” means, in these Terms, any skill based game that is provided through the Service. All Games provided through the Service are to be considered games of skill, i.e. games where the outcome is not dependent on chance, but on the players’ efforts and expertise.
”Restricted balance” means, in these Terms, deposits to your Monetary Account made by Codigat, which you can use for purchases, but which require a one hundred percent turnover to be eligible for withdrawals.
“Unrestricted balance” means, in these Terms, funds on your Monetary Account that are eligible for withdrawals.

2. THE SCOPE OF THE SERVICE

2.1. Codigat is an online esport competitions platform where gamers are able to participate in various online tournaments, leagues and challenges in popular esport titles and compete for prize money and other prizes.
2.2. In addition to above, the Service may also include:
a) Live streaming of selected e-sport games,
b) Enabling selected e-sport games as Video on Demand,
c) Establishing of tournaments in e-sports, if appropriate with LAN-finals, and
d) Distribution of tickets (electronic and physical) to streams of e-sport games and LAN-finals, etc.
2.3. For the sake of good order, it is emphasized that Codigat’s challenge and tournament services are categorized as games of skill and the cash or prize winnings of User or group of Users are the result of skill, not chance.

3. REGISTRATION AND USER ACCOUNTS

3.1. You acknowledge that you understand that when you are invited to a Game through the Service, you are not invited by Codigat but by another registered User who uses the Service.
3.2. You may use the Service for lawful purposes only. You agree that when using the Service or communicating via the Service you may not use the Service to post, transmit or otherwise distribute illegal material.
3.3. You agree to the following:
a) You shall not defame, abuse, harass, threaten or otherwise violate the legal rights of others or of any third party, including Codigat,
b) You shall not in any manner publish, post or – in any other way express – any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful,
c) You shall not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the Service or its Users in any way,
d) You shall not participate in any attempt to cheat another User through collusion or other techniques, regardless of the outcome,
e) You shall not be involved in games with you or another User intentionally losing to each other through games as a means to transfer funds from one User to another,
f) You shall not at any time use any, now or in the future existent, cheats, scripts, automation software (bots), mods, hacks, or any other unauthorized own or third-party software, to modify or automate the Service, Games played through the Service or content of the Service, or in any other way seek to enhance your chance of winning,
g) You shall not take advantage of any bugs or incorrect settings that exist within the platform for your own personal gain, as any bugs should be immediately reported to our customer support,
h) You shall not advertise or promote any product or service of any kind, on or through the Service, and
i) You shall not use programming codes or commands (including, but not limited to advanced fonts, Java, tables and/or HTML) in messages or any other communication on the Service.
3.4. If we find you to be violating these Terms or any other provisions set up by us or our affiliates, we reserve the right to take the necessary measures to limit the damages of your violation including, but not limited to, suspend or revoke your User Account, annul your scores, or confiscate funds on your Monetary Account to reimburse members who you have wronged. We may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong. We reserve the right to take any or all of the steps described above if: (i) you have breached any provision of these Terms; (ii) you are participating in any attempt of defraud; (iii) you have failed to honor legitimate charges or requests for payment, or you have ’charged back’ or denied any of the purchases made; (iv) you are participating in any attempt to cheat another member.

4. SPAM

4.1. We prohibit any activity that can be considered what is commonly referred to as “spam”, including, but not limited to, (i) e-mails sent to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the expressed consent of, the recipient, (ii) messages posted on message boards that are unrelated to the topic of discussion, cross-posted to unrelated message boards or discussion threads, or posted in excessive volume, or (iii) solicitations posted to chat rooms, or to groups or individuals via any instant messaging system.
4.2. Users who are reported and whose claims of “Spam” we validate will have their respective User Accounts either immediately terminated or suspended. Additionally, any winnings may be voided at our sole discretion.

5. MONETARY ACCOUNT

5.1. Each User holds a Monetary Account to which withdrawals may be made. We reserve the right to decide on acceptable methods of withdraws as well as deciding minimum amounts of withdrawals. Withdrawals may be subject to transaction fees, which will be stated at the time of the withdrawal.
5.2. We reserve the right to verify your identity in connection with your withdrawal from your Monetary Account, by, for instance, checking your ID or any other proof of eligibility.
Additionally, we reserve the right to cancel the withdrawal request if no valid proof is able to be produced by the user.
5.3. No interest is payable on balance in your Monetary Account.
5.4. Any attempt to defraud us or other Users through the use of any method of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, or confirmation of deposits, will result in immediate termination of your User Account and active pursuit of civil litigation and/or referral for criminal prosecution.

6. ELIGIBILITY DOCUMENTS

6.1. We may at any time require that you provide proof of eligibility to participate, in order to continue to allow you access to the Service. You hereby acknowledge and accept this condition of your participation as a reasonable measure to ensure the security of the Service. In addition, you will be required to provide proper identification and proof of eligibility prior to receiving a winning or prize, or the processing by us of any withdrawal request. You may pre-register your proof of eligibility at any time prior to submitting a withdrawal request.
6.2. Your failure to provide evidence of identification and/or eligibility will result in the suspension and/or termination of your User Account. For User Accounts that are terminated due to non-eligibility, funds previously deposited to the Monetary Account will not be refunded to the Monetary Account holder pending clarification of the circumstances.

7. PURCHASES & FEES

7.1. Each individual User is responsible to pay applicable taxes on any winnings (e.g. cash from winning a Game or any other prize) derived from the Service, in accordance with the law of each and every country where the User is liable to pay taxes. We do not take any responsibility in ensuring that you pay the proper taxes, neither in relation to you, nor in relation to authorities.
7.2. We are not in any way to be considered the employer of any User. The winnings a User receives from using the Service are under no circumstances to be considered a wage payment or salary. We are not to be considered an intermediary that enables the bet and proper payment.

8. CONTENT

8.1. The Service includes functions for uploading, posting, linking and communicating and otherwise making Content available for others. You are at all times responsible for the Content uploaded or otherwise made available under your User Account.
8.2. By uploading Content to the Service you warrant that you are either the owner of the uploaded Content or that you hold a valid license to such Content from the appropriate rights holder and that the Content or your use of the Content is in no way a violation of any national or international legislation.
8.3. By posting Content to the Service, you grant us and our affiliates, a non-exclusive, global, royalty-free, fully sub-licensable license, to use, distribute, alter, exhibit, archive, publish, sublicense, perform, reproduce, make accessible, transmit, broadcast, sell, translate and create derivative works of such Content, and your name, voice, likeness and other identifying information included in Content in any form, media, or technology of any kind now known or developed in the future, for any purpose. You hereby waive any moral rights you may have in such Content. Content shall not be subject to any obligation of confidence on our or any of our affiliates’ part.

9. MARKETING ACTIVITIES

9.1. By registering for a User Account, you grant us the right to display your username, gameplay data and statistics and any other information regarding your activity in the Service. By registering a User Account, you also agree to allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, nickname, picture, voice, likeness, and/or biographical information for promotional, marketing or other related purposes without additional compensation.

10. INTELLECTUAL PROPERTY

10.1. The Service and its original content, features, functionality, and design elements are and will remain our and our licensors’ exclusive property. Our intellectual property may not be used in connection with any product or service without our prior written consent.

11. LIMITATION OF LIABILITY

11.1. We are not responsible for technical, hardware or software malfunctions, lost or unavailable network connections or disconnections from your platform, or any incorrect or inaccurate results that may be posted on your online Game.
11.2. We do not warrant that the Service will meet your requirements or expectations of it or that the use of the Service will be uninterrupted or free from errors. The Service is provided “as is” without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Additionally, we assume no responsibility for down time or the results thereof.
11.3. We assume no responsibility for the content, privacy policies or practices of any third party web sites or services that may be reached by following links presented in the Service. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
11.4. We are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your User Account or Monetary Account.
11.5. You acknowledge and agree that any and all agreements between you and any other User is made on your own risk and that we are not responsible for any of your loss or damage in relation to such agreements.
11.6. You agree that we and our affiliates will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we and our affiliates have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Service; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the Service; or (v) any other matter relating to the Service.

12. INDEMNIFICATION

12.1. You shall indemnify us with respect to all direct liability, losses, damages, costs or expenses howsoever caused, arising out of, or in connection with (i) your breach of these Terms, (ii) your negligence (iii) or misuse of the Service.

13. PRIVACY DATA

13.1. We have the right to send e-mails to your registered address. Our goal is to provide you with relevant information, which can include newsletters and tailored offers from our partners. You may at any time opt out if you wish to no longer receive said e-mails, by clicking the unsubscribe button in the undesirable email.
13.2. We may, in order to ensure that your User Account is used in accordance with these Terms, examine the individual unit and the IP-address(es) associated with your User Account.
13.3. We are, as long as otherwise is not stated, the controller for your personal data according to the Data Protection Directive (95/46/EG) under EU legislation, and is thereby responsible for the processing of the personal data you provide. Your personal data is solely processed with the purpose to provide the Service, to comply with applicable law and to ensure that the User Account is used in accordance with these Terms. However, your personal data may be shared with third parties for the same purpose. By registering a User Account, you give your explicit content of such processing of your personal data as is described above.

14. LIMITED ACCESS

14.1. We reserve the right to immediately limit the use or access to the Service and to block, restrict or delete any Content at any time, for any reason and without liability, if such use, access or Content constitutes or may constitute a violation of the Terms or of any applicable local or international laws, rules or regulations.
14.2. We also reserve the right to limit, restrict or stop your access to the Service or remove your User Account and delete your Content, without prior notice or liability, if the Content or your continued use of the Service risks harming our trademarks or reputation. We exercise of the rights mentioned above shall not entitle you to any remuneration.

15. DELETION OF ACCOUNT

15.1. If your User Account is shut down, by you or by Codigat due to your breach of these Terms or otherwise, the remaining funds on you Monetary Account will be subject to withdrawal.
15.2. If you shut down your User Account by own choice, you will be asked to state a means of withdrawal through which the remainder of your funds will be withdrawn. Your User Account will thereafter be deleted.
15.3. If your User Account is shut down by Codigat, the remainder of your funds will be subject for investigation in accordance with these Terms, in order to establish whether any of your funds shall be confiscated, before any withdrawal can be made. After such investigation is finished, Codigat will enquire you, through your registered e-mail address, to state a means of withdrawal through which the remainder of your funds will be withdrawn. Your User Account will thereafter be deleted.
15.4. Should your User Account be inactive for more than 1 years, Codigat will contact you, through your registered e-mail address, to enquire whether you wish to keep your User Account. Codigat will send three (3) such e-mails during a one (1) month period. If you do not reply within one (1) month after our last sent email, Codigat will shut down your User Account. The funds in your Monetary Account will thereafter be kept for another year, during which time you can contact Codigat to request a withdrawal. However, after such time has expired (i.e. at earliest two years and one month after your last activity on Codigat), the funds on your Monetary Account will be confiscated by Codigat.

16. DURATION AND TERMINATION

16.1. These Terms are considered to be in effect from the day you accept it, i.e. when you first access or use the Service, until either party terminates them. We may reset all User Accounts due to testing of the Service prior to the launch of a new version of the Service.
16.2. Upon termination, your right to use the Service will immediately cease.

17. SEVERABILITY
17.1. If any provision of these Terms between us and you is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that these Terms otherwise remain in full force, effect and enforceable.

18. GOVERNING LAW
18.1. These Terms shall be construed in accordance with and governed by the laws of Sweden.

19. DISPUTES
19.1. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled under the exclusive jurisdiction of The District Court of Stockholm, Sweden.