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The Services on this Site are provided by By Mates AB, a limited liability company registered in Sweden trading under the registered name of By Mates AB with the company registration number 559112-3467 whose registered office is at Wittstocksgatan 28, 115 27 Stockholm, Sweden.
This latest version of the Service Agreement (version 1) was updated and became effective, on 2020-07-10. It is an integral part of the Contractual Documents which We encourage and advise You to read, these can be found at:
By accessing and using the Services and otherwise participating in Site activities, You agree to be bound by the terms and conditions set out in this Service Agreement, the Terms of Use and Code of Conduct as amended from time to time, and further You certify and warrant that that You meet the age and other eligibility requirements and preconditions set forth in this Service Agreement.
“Additional Terms” means any additional terms and conditions, including but not limited to payment terms, competition rules and eligibility rules which are specific to Paid Services and or other Services.
“Cheating “, “Abuse” or “Unfair Methods” means any form of prohibited behavior, action method or process which breaches the obligations of the User in accordance with the Contractual Documents.
“Content” means any information or material in any form or media which is capable of being uploaded to or downloaded from the internet.
“Contractual Documents” means these Terms of Use, Service Agreement and any Additional Terms, Code of Conduct and the Privacy Policy as amended by the Company from time to time.
“Code of Conduct” or “Code” means the rules and guidelines regarding the permitted use of the Services and online behavior of Users issued and amended from time to time by the Company.
“Improper Content” means any content which By Mates deems inappropriate in accordance with clause 12 of this Service Agreement, the Terms and Code of Conduct as amended from time to time.
“Paid Services” means Services subject to payment terms and conditions provided by the Company.
“Privacy Policy” means the policy issued by the Company as amended form time to time setting out the categories of personal data, purposes, means, lawful bases and rights of the Users in relation to their personal data in accordance with the Company’s legal obligations.
”Registration Data” means the personal information that Users are required to provide in order to register for their account and use of Services.
“Service Agreement” means the terms and conditions governing access and use of any Site and Service and includes by reference any Additional Terms specific to Paid Services and or other Service.
“Service” or “Services” means any web site and or interactive services, including Paid Services, owned, licensed and or operated by By Mates AB and its subsidiaries, and or affiliates.
“Site” or “Sites” means any web site providing interactive services, including Paid Services, and which are owned, licensed and or operated by By Mates AB and its subsidiaries, and or affiliates.
“Us”, “We”, “Our”, “By Mates” or the “Company” means By Mates AB and its subsidiaries and affiliates.
“You”, and “Your” means You in the capacity as a User of the Services and bound by the Contractual Documents including this Service Agreement.
“Terms of Use” or “Terms” means the Terms of Use which are part of the Contractual Documents governing access to the Services.
“User” or “Users” means any person subscribing to, purchasing, and or otherwise using the Services and whom are subject to the Contractual Documents including this Service Agreement.
Use of section titles, capitals and plurals are for convenience only and definitions are applied in context of the terms and conditions set out in the Contractual Documents.
Access to and use of any Sites, Sites, Service or Services is strictly subject to the terms and conditions set out in the Contractual Documents including this Service Agreement, Terms of Use and Code of Conduct.
The Contractual Documents, including this Service Agreement comprise legally binding obligations between You and Us.
By accessing, purchasing, gifting, being gifted and or otherwise using any of the Services, including any Paid Services on any Site, including By Mates.com and/or any of its other domain endings or subdomains, You confirm Your knowledge of and agreement to be bound by the latest version of the Contractual Documents, including this Service Agreement.
You are solely responsible for reviewing this Service Agreement and other Contractual Documents periodically for any amendments or modifications.
We may modify this Service Agreement and Contractual Documents at Our sole discretion without prior notice and with immediate effect from the date of publication, at any time. By accessing and or continuing to use the Site and Services following publication of any amended version of this Service Agreement You acknowledge and accept the amendments to the Contractual Documents including this Service Agreement.
Additional Terms may apply to Your use of any Service, including but not limited to Paid Services, contest rules and eligibility rules. Additional Terms will be provided to You in a form at Our sole discretion, for example by link, email, or publication on the Site to which they apply.
Additional Terms are incorporated by reference into this Service Agreement and form an integral part hereof.
In the event of any conflict between the clauses of this Service Agreement and any Additional Terms that apply to a particular Service, the Additional Terms will take precedence to the extent permitted by applicable law.
This Service Agreement and any applicable Additional Terms, shall be seen as integral to the Contractual Documents.
THE SITE(S), SERVICE(S) AND ALL MATERIALS, CONTENT, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SITE(S) AND SERVICE(S), ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED.
BY MATES 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.
BY MATES DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE.
BY MATES DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. BY MATES DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE SITE.
YOU, THE USER, ACKNOWLEDGE AND AGREE THAT DOWNLOADING OR OTHERWISE OBTAINING CONTENT, MATERIAL OR DATA THROUGH THE USE OF THE SITE 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 AND OR USE OF SUCH MATERIAL OR DATA.
BY MATES AND ITS SITE 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.
You are responsible for all Your actions and behavior, including any actions and behavior attributable to Your account when accessing and accessing and using the Sites and Services.
By accessing the Site and using a Service You accept to strictly follow the terms and conditions stipulated in the Contractual Documents, any breach this Service Agreement, Terms or the Code may lead to immediate limited or permanent suspension from the Services.
By registering an account or subscribing to any Service You acknowledge that You have read the Contractual Documents understood Your rights and obligations.
The Services and Sites are not available to any person under the age of 13.
If You are under 18 years of age Paid Services are not available to You without the express permission of Your legal guardian or parent.
In order to be eligible to use any Paid Service(s) on the Site(s), You must:
Be a living person in possession of the email address and other contact details represented accurately on the account registration form, and
Be at least 13 years old at the date of registration, and
Have the clear, express and evidential consent of a legal guardian or parent to purchase and/or use any of the Paid Services on the Site where You are under 18 years of age at the date of registration, and
Be physically located in a Territory in which participation in the competitions You select on the Site(s) is lawful and otherwise unrestricted by any law or regulation;
Agree at all times comply with the terms and conditions set out the Contractual Documents including this Service Agreement.
By registering and account and using the Paid Services, You represent and warrant that You satisfy all the Eligibility Conditions, and have the right, authority, and capacity to enter into this Service Agreement and any Additional Terms and further agree to strictly abide by the terms and conditions of the Contractual Documents.
You are fully aware and agree that amounts paid to participate in Paid Services are non-refundable.
We reserve the right at any time to require proof of Your eligibility in order to use, continue using or participate in activities and Services, in particular Paid Services.
You hereby acknowledge and accept this condition of Your access and use of the Site(s) and Services as a reasonable measure to safeguard Your interests and security, as well as the security and interests of other Users, By Mates and Our affiliates and partners.
You will be required to provide proper identification and proof of Your eligibility prior to participating in any competition, receiving any prize, and or the processing by Us of any prize request.
You may, at Your option, pre-register proof of Your identity and eligibility any time prior to submitting a prize request.
You hereby expressly agree and acknowledge that any failure to provide verifiable evidence of identification and/or eligibility which We, in Our sole and absolute discretion deem satisfactory, shall result in the forfeit of any prize and the immediate suspension and/or termination of Your account due to Your fundamental breach of the agreement between You and BY Mates.
In consideration of Your use of the Service(s) and Site(s), You agree and acknowledge that You shall:
provide accurate, current and complete information about You as may be prompted by any registration forms on the Site(s), and
maintain the security of Your account and log-in credentials, and
maintain and promptly update Your Registration Data, and any other information You provide to Us using Your account settings (keeping it accurate, current and complete), and
be fully responsible for all use of Your account and for any actions that take place using Your account.
Knowingly submitting false, incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information is a breach of this Service Agreement between You and By Mates and We reserve the right, at Our sole discretion to take any action We deem appropriate to safeguard the security and interests of other Users, By Mates and its affiliates and partners, such action includes but is not limited to Our right to suspend or terminate Your account immediately without prior notice.
We expressly reserve the right, in Our sole discretion, to refuse, change, suspend or terminate any usernames or avatars which We deem offensive, inappropriate or otherwise breaches the terms and conditions of the Contractual Documents, including the Code.
We reserve the right at all times to block or deny access to the Site(s) and Service(s) to any persons, legal or natural, that We, in Our sole discretion, believe may pose a potential threat to the security and interests of Our Users, By Mates and its affiliates and partners, and any other persons; including but not limited to, any persons using proxy servers and/or IP addresses in certain geographical areas.
You may establish only one (1) account per person, and only up to two accounts per computer or IP or physical address, to participate in the Paid Services offered on the Site.
We reserve the right to monitor all visitor and User activity on the Site(s), including without limitation, any effort to establish multiple accounts; in the event We discover or have reason to suspect that You have opened more than one account per person or more than two accounts per computer or address, We have the right, at Our sole discretion, to suspend and or close all additional accounts registered following the registration of the first account immediately and without notice, further continued violation will result in the immediate termination of all Your accounts and denial of access to the Site(s) and Service(s).
Your account is strictly personal and cannot be transferred to, accessed, or used directly or indirectly by, any other person.
All activity connected with Your account is Your personal responsibility, all account activity will be monitored and deemed to have been carried out by You as the account holder.
You may not allow any other person to access or use Your account, access the Site(s), accept any winnings either for their own or Your account, or participate in any competition or tournament using Your account or Registration Data.
You may not use, or allow the use of Your account, directly or indirectly for commercial purposes of any kind, including the promotion of Your own products and services or the products and services of any third party.
You, as the holder of Your account, are solely responsible and liable for all obligations and compliance with this Service Agreement and the Contractual Documents.
You are personally entitled to all benefits accruing to Your account, these benefits cannot be transferred, sold or gifted to any third party.
YOU, THE USER, ACKNOWLEDGE AND AGREE THAT THE INTERNET AND SERVICES OFFERED ON THE INTERNET ARE INHERENTLY UNSTABLE AND INSECURE, AND THAT WHILST BY MATES TAKES MEASURES IN ACCORDANCE WITH ITS LEGAL OBLIGATIONS, SECURE UNINTERRUPTED ACCESS TO AND USE OF THE SITES AND SERVICES CANNOT BE GUARANTEED BY US, OUR AFFILIATES AND PARTNERS.
THE SERVICES AND ACCESS TO AND USE OF THE SITES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTY WHATSOEVER AND USERS ARE ADVISED THAT THE REGISTRATION OF ACCOUNTS, ACCESS TO SITES AND USE OF THE SERVICES IS SOLELY AT THEIR OWN RISK,
BY MATES RESERVES THE RIGHT AT ITS SOLE DISCRETION TO SUSPEND, TERMINATE, REMOVE OR OTHERWISE MAKE UNAVAILABLE IMMEDIATELY AND WITHOUT PRIOR NOTICE ANY SITE(S), SERVICE(S) INCLUDING ANY PAID SERVICES, OR PART THEREOF THAT IT DEEMS NECESSARY FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH COMPELLING LEGAL OBLIGATION, AND POTENTIAL THREATS TO THE SECURITY AND INTERESTS OF BY MATES, OUR USERS, OUR AFFILIATES AND PARTNERS, AND ANY OTHER PERSONS.
BY MATES DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE SITE(S) AND SERVICES, INCLUDING ANY FUNCTIONS, CONTENT OR INFORMATION, ARE AVAILABLE, APPROPRIATE IN ANY GEOGRAPHICAL LOCATION, OR FULLY FUNCTIONING FOR ANY PURPOSE WHATSOEVER.
BY MATES RESERVES THE RIGHT TO MONITOR THE LOCATION FROM WHICH USERS ACCESS THE SITES AND SERVICES, INCLUDING PAID SERVICES, AND FURTHER MAY BLOCK ACCESS TO ANY PERSONS, LEGAL OR NATURAL, FROM ANY JURISDICTION IN WHICH BY MATES REASONABLY BELIEVES PARTICIPATION IN THE SERVICES MAY BE ILLEGAL OR OTHERWISE RESTRICTED. EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE AND ASSUME SOLE RESPONSIBILITY FOR USE OF THE SERVICES. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW BY MATES SHALL NOT BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES HOWEVER ARISING FROM USE OF THE SITES AND SERVICES UNDER THIS SERVICE AGREEMENT. NOTWITHSTANDING THE FOREGOING, AND IN ACCORDANCE WITH CLAUSES 13 and 24 (SEVERABILITY AND JURISDICTION), IN THE EVENT THAT THE SUPPLIER’S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE THIS SERVICE AGREEMENT SHALL BE LIMITED TO THE GREATER OF ONE THOUSAND (1000) SWEDISH KRONOR OR THE TOTAL AMOUNT PAID BY YOU AND RECEIVED BY US FOR ANY PAID SERVICES IN THE SIX (6) MONTHS PERIOD IMMEDIATELY PRECEDING YOUR CLAIM.
You expressly acknowledge and understand that You are bound by the terms and conditions of the Contractual Documents and the mandatory application of Swedish law (or other applicable local law) when accessing the Site(s) and or using any Service(s).
You are prohibited from and agree that You shall not use Your User account, the Site(s), and Service(s) for commercial purposes, such as to market Your own or any third-party products and services.
You are strictly prohibited from, and shall not, use the Site(s) and Service(s) to attempt or take any action (including but not limited to uploading, distributing, sharing and or promoting in any manner, directly or indirectly, any software, hardware or content) which By Mates considers, in its sole and absolute discretion, to be improper or otherwise presents a potential threat to any User, By Mates and its affiliates and partners, and any other person (legal or natural), this includes but is not limited to:
pornographic, obscene, offensive, immoral or indecent material,
threatening, criminal and or otherwise anti-social behavior (including cheating, bullying, hate speech, racist or sexist comments and otherwise threatening content),
sales and or use of weapons including explosive substances,
sales and or use of drugs and any controlled substances (including tobacco and alcohol),
political or religious material,
any use advanced fonts, Java, tables, HTML or other programming scripts or commands,
impersonating any other User,
sharing personal information (e.g. name, phone number, contact details or passwords),
any form of hardware, malware or malicious code, including viruses, Trojan horses, worms or other software routines or components designed to permit cheating, unauthorized access to or designed to disable, erase or otherwise harm the Services, software, hardware or data, and
any form of potential violation of third-party intellectual property rights, including posting copyrighted or trademarked materials,
any form of material or other use of the Site(s) and Service(s) that violates Swedish Law or any applicable local law to which You may be subject,
any attempt to gain unauthorized access to the Site(s), Service(s), or User accounts including the collection of account details and/or e-mail addresses of other Users,
any attempt to negatively affect the game play or game experience for any User on the Site(s) or Service(s),
any attempt to defraud, Cheat, Abuse, use Unfair Methods or otherwise gain any form of unfair advantage, including exploiting any known or unknown weakness, flaws, bugs or faults within the Site(s), Service(s) (including Paid Services) and any competitions, tournaments and games on the Site(s) and Service(s), systems, hardware and software owned and or operated by By Mates and its affiliates and partners, or
any attempt to post or submit functions for spam, repetitive posting or any other form of malicious process.
It is Your sole responsibility to determine that Your use of and input to Your User account and the Site(s) and Service(s) conforms to the above conditions, if You notice any content or behavior which breaches this Service Agreement, the Terms or the Code You shall immediately inform Us and provide Us with any evidence We may request of such breach (for example screen grabs, chat transcripts, recordings etc.).
You are expressly prohibited from and agree that you shall not upload, distribute, share and or promote, directly or indirectly, any link or other references to any third-party site that publishes content which By Mates considers in its sole discretion to be improper or otherwise presents a potential threat to any User, By Mates and its affiliates and partners, and any other person, including any content which is illegal, in conflict with Swedish law (or other applicable law) or the terms and conditions set out in the Contractual Documents, including these Terms of Use, Service Agreement and Code.
You acknowledge and agree that any Abuse, Cheating or using Unfair Methods on the Sites and Services by You is strictly prohibited and will result in the immediate termination of Your account without prior notice.
We reserve the right at Our sole discretion to decide what constitutes Abuse, Cheating or the use of Unfair Methods for the purposes of this Service Agreement and Contractual Documents, for example this includes but is not limited to the use any third-party software and or hardware for the purpose of gaining any form of unfair advantage during gameplay.
Behavior which may be interpreted as Cheating, Abuse, or the use of Unfair Methods on the Site(s), includes, but is not limited to, the following:
the opening and/or use of multiple accounts,
the use of unauthorized or altered software or hardware to assist play,
intentional poor play in certain games in order to achieve a broader competitive advantage (i.e. rigging or grieving),
rigging, arranging or otherwise coordinating directly or indirectly the results of games with competing players and or teams,
harassment of other participants,
the posting, broadcasting or distribution of objectionable or disturbing content, comments or other material,
allowing directly or indirectly another person to access and use Your account in order to participate in any game, competition or tournament.
Any breach of this Service Agreement; including any Abuse, Cheating or use of Unfair Methods, breach or attempted breach of Our security, or other misuse of Your account on the Site(s), shall be subject to immediate sanction (as determined by Us in Our sole discretion), including but not limited to the termination of Your account and blocking access to the Site(s) and Service(s).
We reserve the right, at Our sole discretion, to temporarily or permanently suspend You or any other User from the Service(s) and Site(s) due to any abuse or suspected misuse of the Service(s), including accounts on any other affiliated Site(s) where, in Our sole discretion, We believe that any such Abuse has impacted, is impacting, or potentially impacts the affiliated Site(s).
We reserve the right to immediately suspend and/or close Your account and the account of any other User who violates, or whom We reasonably believe may violate, the terms and conditions of the Contractual Documents, including this Service Agreement, at any time without prior notice.
You expressly acknowledge and agree that in the event that Your account is closed due to any violation of the Contractual Documents, We reserve the right to determine at Our sole discretion how the any account balance will be distributed to the full extent permitted by applicable law.
You may not use Services in a manner that may potentially affect other Users' access to Services negatively; any attempt to access Services without proper authorization will be reported to the police authorities and will be prosecuted by Us to the full extent of the law. In the event that You engage in illegal activity We reserve the right to fully disclose Your identity and any evidence of such activity to the appropriate authorities including police authority, this is in addition to any other form of legal action that may be available to Us.
Your log-in credentials are personal and strictly confidential, You are solely responsible for keeping Your log-in credentials secret and secure, in the event that You believe Your log-in credentials have been compromised, shared with an unauthorized person or lost You shall inform Us immediately and take steps to change the log-in credentials in accordance with any instructions issued by Us.
If We suspect that You have registered with false User information, Your account has been accessed and or used without proper authorization, We have the right to immediately and without notice suspend or remove Your user account and take any further actions We deem necessary to safeguard the security and interests of Our Users, By Mates, and Our affiliates and partners.
We reserve the right to immediately suspend and/or close Your account and the account of any other User who violates, or whom We reasonably believe may violate, the terms and conditions of the Contractual Documents, including this Service Agreement, at any time without prior notice.
You expressly acknowledge and agree that in the event that Your account is closed due to any violation of this Service Agreement, We may determine, at Our sole discretion, how any account balance will be distributed to the full extent permitted by applicable law.
The Contractual Documents including this Service Agreement shall be governed by and construed in accordance with Swedish law.
The Services and any Sites are provided and operated in accordance with Swedish law, We make no form of representation that any Service or Site is operated in accordance with the laws or regulations of other nations.
By registering for an account, using any Service including participating in any competition, challenge or tournament offered on any Site You expressly agree and acknowledge that any dispute that cannot be resolved amicably between the parties shall be resolved individually, without resort to any form of class action, and You expressly agree and acknowledge to waive any right to such class action.
You agree to contact Us in the event of any dispute arising from the Sites and Services in order to reach an amicable settlement prior to initiating any claim, and where an amicable settlement cannot be reached disputes will be settled in accordance with this clause 13.
Disputes arising from or in connection with this Service Agreement shall be subject to the exclusive jurisdiction of the Swedish courts, save where You have a legal right as a consumer end-user to bring a claim in respect of such a dispute in any other jurisdiction.
Notwithstanding any other provision within this Service Agreement, We retain the right, at Our sole discretion, to bring proceedings against You for any threatened, actual or potential breach of the terms and conditions of the Contractual Documents including this Services Agreement, in any jurisdiction of Our choice including but not limited to Your country of residence, registration or business, as appropriate, further You agree that any legal action arising from any dispute shall proceed in the Swedish courts, or as otherwise determined by Us in accordance with this clause 13 and You hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PERSONALLY SUBJECT TO ALL LAWS OF THE PROVINCE, STATE, AND/OR COUNTRY IN WHICH YOU RESIDE AND FROM WHICH YOU ACCESS ANY PAID SERVICES, AND ARE SOLELY RESPONSIBLE FOR OBEYING THOSE LAWS.
BY MATES AND ITS AFFILIATES AND PARTNERS CANNOT BE HELD LIABLE IF LAWS APPLICABLE TO YOU RESTRICT OR PROHIBIT YOUR PARTICIPATION. YOUR ARE EXPRESSLY PROHIBITED FROM ACCESSING THE SITE AND ITS PAID SERVICES FROM TERRITORIES WHERE ITS CONTENTS ARE ILLEGAL OR UNLAWFUL.
By Mates and its affiliates and partners provide Users with a gaming community in which it is a necessary part of the Services to publish and share data, including Your User identity, gaming statistics, trophies, tournament results etc. to verify results, exchange tips and publicize gaming performance; by registering an account, You acknowledge and agree that the We may display Your username, avatar, gameplay data and statistics, tournament records and any other information regarding Your gaming activity to other Users, Site visitors and potential Users.
By registering an account and/or accepting any prize from the Site, You agree that By Mates and Our affiliates and partners may print, publish, broadcast and use, worldwide, in any media and at any time, Your name, picture, voice, likeness, and/or biographical information that You have provided to Us as Registration Data or during Your account activities, for promotional, marketing or related purposes without any additional form of compensation.
If You submit or transmit audio, video, or text materials to the Site(s), including, but not limited to, comments, question, suggestions, drawings, or computer programs (collectively “Submissions”), You grant By Mates and its affiliates, its partners and distributors, a non-exclusive, worldwide, royalty-free, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those Submissions, in any form, media, or technology, for the purpose of developing and marketing sites, services, game products, matches and tournaments, and You hereby waive, to the fullest extent possible under applicable law, any moral rights You may have to such Submissions.
You represent and warrant that You have all rights necessary to grant the licenses above and that You will not make any Submissions which are defamatory, or otherwise violate any rights of third parties, including, without limitation, any intellectual property rights, or violate applicable laws.
By registering for a User Account and participating in any Match or Tournament offered on the Site, or using the Services, You acknowledge that all content included in the Services, including but not limited to, all Site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Services (collectively the “Content”) is owned or licensed by By Mates and/or its licensors.
Information that is disclosed on Site chat rooms, direct messages, message boards by comments or other electronic messages becomes the property of By Mates and may be publicly disclosed, You acknowledge and agree that We are not responsible for any information that You choose to disclose.
You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. By Mates neither warrants nor represents that Your use of the Content will not infringe rights of third parties. While We use reasonable efforts to include accurate and up-to-date information, We make no warranties or representations as to the accuracy or completeness of any Content and assume no liability or responsibility for any errors or omissions in the Content.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed and forming part of the Content, including the names of all games, matches and tournaments, are registered and unregistered Trademarks of By Mates and/or others. Nothing contained on the Site(s) should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks displayed on the Site(s) without the prior written permission of By Mates or such third party that owns the Trademark. Your misuse of any Trademark or any other Content, except as provided in these Terms and applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited.
By Mates will enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of civil litigation and referral for criminal prosecution where appropriate.
By Mates and its affiliates and partners are not responsible for any technical, hardware, software or other malfunctions, lost, interrupted or unavailable network connections, disconnects from game play on Your platform or any incorrect or inaccurate results that may be posted on Your online game or statistics pages or other Sites.
You expressly acknowledge and agree that You are prohibited from the actions listed below, and that You shall not either directly or indirectly:
gain or attempt to gain unauthorized access to any hardware, software, systems, websites or services (including but not limited to the Sites, Services, Paid Services Your account and any other User accounts) which are owned and or operated by Us and Our affiliates and partners,
interfere or attempt to interfere with the communications, procedures or performance of the Site(s) and or Service(s) or damage or undermine these in any manner,
affect or attempt to affect the outcome of the Site(s) and Service(s) online game play by means of, or with the assistance of, automated processes including artificial intelligence, macros, bots, automated programs, screen analysis utilities, any type of mods, or any other techniques/methods to otherwise commit fraud, Cheat, Abuse, or use Unfair Methods in relation to the Site(s) and Service(s) (including Paid Services), or
alter or attempt to alter the human skill component of any game played on any Site(s) as part of the Service(s) (including Paid Services).
Any breach of this clause 17 is a violation of both civil and criminal laws and will result in the immediate termination of Your account without notice and the forfeiture of all Services and Paid Services, benefits, bonuses and incentives to which You would otherwise be entitled, We also reserve the right to initiate civil and/or criminal prosecution and hold You accountable to the full extent of the law.
By Mates reserves the right to take immediate action in the event that You are believed of failing to observe the terms of this Service Agreement and any other Contractual Document, such actions include but are not limited to, suspending or terminating Your User Account, any Paid Services credits, voiding Your scores, deleting or amending Your feedback, seizing funds in Your User Account to repay other Users who You have Cheated against, and/or commencing legal proceedings against You.
By Mates reserves the right to suspend or terminate the User Account of any User who is in violation or who By Mates suspects may be in violation of these Terms. If such violations occur and a User Account is terminated, By Mates reserves the right to determine how such a User's User Account balance will be distributed.
You acknowledge and agree that By Mates shall cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
By Mates reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that You have breached any term of this Service Agreement; are participating in any attempt to defraud By Mates and its affiliates and partners through the use of credit cards or other methods of payment, regardless of the outcome; have failed to honor legitimate charges or requests for payment, or has 'charged back' or denied any of the purchases or deposits that You made to Your User Account; are participating in any attempt to Cheat another User through collusion or other techniques, regardless of the outcome; or have become bankrupt or subject to analogous proceedings anywhere in the world.
For breaches of the Terms (including the Rules of Conduct) that are deemed by By Mates, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their User Account suspended at the discretion of By Mates. Repeated offences will be deemed to be intentionally violating the Terms.
If You are suspected of having violated this Service Agreement, including the Terms of Use and or the Rules of Conduct, By Mates reserves the right to suspend Your User account, including any access to the Site(s), or freeze credits and any account balance while an investigation is conducted.
By Mates reserves the right to terminate Your User Account, limit or prohibit Your access to any Site(s) and participation in any Service(s), including any Paid Services matches, games or tournaments. Prizes (if any) may be voided at the sole discretion of By Mates. Any person whose access has been suspended or terminated may not re-register for, or re-access, the Site(s) and Service(s) without By Mates's prior written consent.
You hereby agree to and accept the implementation and utilization by Us of third party payment processing to handle the Paid Services.
By Mates may use the payment feature(s) listed in the Additional Terms applicable to Paid Services in order to ensure the integrity of the payment details provided for purchases made on the Site(s).
By Mates does not store any credit card information or other sensitive information related to processing of payments, You accept and acknowledge that credit card information and other related information for payment processing may be stored by the payment processor, and that any requests for more information regarding the processing of payment information, including details of security measures and storage must be addressed to the payment service provider identified in the Additional Terms.
All references to dollars or “$” on the site are references to U.S. dollars (USD). All references to euro or “€” on the site are references to Euro (EUR). All references to krona or “kr” on the site are references to Swedish Krona (SEK).
A Paid Service can be purchased and accessed directly from By Mates in accordance with the Additional Terms applicable to that Paid Service.
By Mates has the option to change the price of Paid Services and will communicate to You any eventual changes in the pricing prior to taking effect on the Site. Price changes are effective at the notification of such change.
To the fullest extent possible and permittable by law You accept the new price by continuing the usage of the Service following the day the price change occurred.
If You refuse the price change You have the right to cancel the Paid Service prior to Your next renewal date, following the effective date of the price change.
If You register for a By Mates Paid Service You have the right of withdrawal with full reimbursement of all fees paid within fourteen (14) days from the date You first registered for the Paid Service (“Right of Withdrawal”), except where you have used or commenced using the Paid Service at which point the Right of Withdrawal is lost.
The failure of By Mates to enforce at any time any of the provisions of this Service Agreement, or the failure to require at any time performance by You of any of the provisions of this Service Agreement, shall in no way be constructed to be a present or future waive of such provisions, not in any way affect the right of By Mates to enforce each and every such prevision thereafter. The express waiver by Us of any provision, condition or requirement of this Service Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
You acknowledge and agree that, to the full extent permitted by applicable law, By Mates 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 By Mates has been advised of the possibility of such damages), resulting from the use or inability to use the Services; 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; unauthorized access to or alteration of Your transmissions or data; statements or conduct of anyone in connection with the Services; or any other matter relating to the Site(s) and (S)ervices. If, notwithstanding the other provisions of this Service Agreement, By Mates is found to be liable to You for any damage or loss which arises out of or is any way connected to Your use of the Site(s) and Service(s), liability of By Mates shall in no event exceed the greater of the total of any game or similar fees with respect to any payment or feature of the Services which has been paid by You and received to Our bank account in the six (6) months immediately prior to the date of the initial claim made against By Mates, or the sum of one thousand Swedish Kronor (SEK 1000).
By registering and/or participating in any services offered on the site, You agree to indemnify, defend, and hold harmless By Mates, 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).
By Mates 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 By Mates’s prior written approval.
If any provision of this Service Agreement is, for any reason, deemed 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.
You expressly acknowledge and agree that any provision which is deemed invalid or unenforceable under clause 24.1 it shall be replaced with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and such provision shall be interpreted to the benefit of By Mates.
This Service Agreement incorporates the terms and conditions of the Contractual Documents which constitute the entire agreement between You and By Mates with respect to the subject matter contained therein and supersedes any and all prior agreements, understandings and or negotiations.