THE RELATIONSHIP BETWEEN THE USER AND MOBILE ESPORTS REGARDING THE USER’S USE OF MOBILE ESPORTS’S SERVICES IS GOVERNED BY THIS AGREEMENT AND OTHER RELEVANT MOBILE ESPORTS’S POLICIES.
IF THE USER INSTALLS, USES OR ENTERS THE SERVICE OTHERWISE, IT MEANS THAT THE USER ACCEPTS THE TERMS OF THIS AGREEMENT. OTHERWISE THE USER MUST NOT INSTALL, USE OR ENTER THE SERVICE IN ANY OTHER WAY.
Last update: 8th of August 2023
Table of Contents
Definitions
General Provisions
Modification to Terms
Privacy
Use of the Service
Content on the Service
Mobile Esports Limited Rights
Restrictions on Content and Use of the Service
Disclaimer of Warranties
Limitations of Liability
Indemnification
Applicable Law and Jurisdiction
Entire Agreement
Waiver and Severability
Definitions
Capitalized terms shall have the meaning set forth as below:
MOBILE ESPORTS – Mobile Esports Sp. z o.o. /limited liability company/ with its registered office in Gdańsk, Zacna 2 Street, 80-283 Gdańsk, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Gdańsk – Północ, VII Commercial Division of the National Court Register, under KRS number 0001045885, share capital PLN 5.000.00, NIP: 9571160486
Agreement – shall mean these Terms of Service;
Account – an account created by the User in the Service; the User shall make reasonable efforts to ensure the Account’s security, especially the User shall not share the Account or password. If the User suspects that the Account is not secure, including but not limited to its loss or theft, the User shall notify MOBILE ESPORTS and change the Account’s information required to log in. The User is fully responsible for any use of the Account, including but not limited to any purchases, whether authorized by the User or not. Any username may be at any time removed or reclaimed by MOBILE ESPORTS for any reason, especially but not limited to occurrence of third party’s claims that a username may violate that party’s rights. Only one Account per game is supported on a device;.
Intellectual Property Rights - means all and any data, information, video, graphics, sound, music, photographs, software, any other materials or content (in whatever format), copyrights as well as all computer code or scripts, whether compiled or not in any computer language or program, all patents, utility models, trademarks, know-how, trade names, domain names, rights in logo and get-up, inventions, all rights in computer software and data, databases, confidential information, trade secrets design rights (whether registered or unregistered) and semiconductor topographies and all intangible rights, privileges and forms of protection of a nature or having a similar effect to any of the above which may subsist anywhere in the world;
Platform - means third party distribution platform (e.g. IOS, Android) on which MOBILE ESPORTS distributes the Services;
Restricted Content - means any content or term that:
promotes or is related to illegal activities (illegal drugs, phishing, terrorism, criminal activities, contests, pyramid schemes or chain letters etc.);
promotes or is related to tobacco, gambling or weapons;
is related to pornographic or obscene material;
is related to excessively graphic or explicit violence;
is defamatory, inappropriate or profane;
is discriminatory or constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
promotes or contains viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of MOBILE ESPORTS, any User, or any other third party.
Service – use of MOBILE ESPORTS games and related services;
Tickets - your use of MOBILE ESPORTS Limited may allow you to earn tickets in various ways, including daily login, quests, playing games and battles, sharing the application with friends. Tickets are used to enter into an applicable MOBILE ESPORTS contest.
SNS – Social Networking Site, such as Facebook or Google+;
User – a person who uses the Services;
User Content – shall mean all the data that the User uploads, transmits, creates, generates, posts, publishes or shares on or through the Services, including but not limited to pictures, videos messages, files, in-game art or any other content. The User’s Content shall be accurate and in compliance with any laws and this Agreement and shall not include non-confidential information, Restricted Content or viruses, adware, spyware, worms or other harmful codes, files and software;
Virtual Item – shall mean: i) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and ii) virtual in-game items; whether earned in a game or purchased from MOBILE ESPORTS.
General provisions
The Service enables its users ("Users" or "you") to play games, be presented in high scores rankings and list of winners and share User Content including comments and other media. Users can share the User Content they create using features of the Service. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. MOBILE ESPORTS Limited application is available free of charge and there are no payments related to the use of the service.
If you are selected to convert Tickets into cash prize, such prize may be paid out to you by MOBILE ESPORTS (or a third party payment processor on our behalf). MOBILE ESPORTS may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such payment, as applicable. MOBILE ESPORTS is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Ticket convert to cash prize. You are responsible for and agree to promptly pay, all changes, including applicable taxes and processing fees in respect of any Tickets you get to convert to cash. Personal information that you submit is subject to our privacy statement.
Your access to and use of the Service is conditioned on your acceptance of these Terms. When you access or use the Service, you represent and warrant that you have read and understood these Terms and our Privacy Policy and acknowledge that they are a binding legal agreement between you and MOBILE ESPORTS. These Terms govern your non-commercial use of the Service, because the Terms expressly prohibit commercial use. If you want to inquire about commercial use of the Service, please contact us at contact@mobileesports.com.
The Service is intended solely for persons who are 18 or older. If you are not 18 or older, do not use the Service.
We reserve the right to modify, suspend, or terminate the Service or your access to the Service at any time, for any reason, and without notice or liability to you.
We reserve the right to refuse access to the Service to anyone for any reason at anytime. We shall not be liable to you or any third party should we exercise such right, in whole or in part. You understand and acknowledge that the Service is provided "as is". We assume no responsibility for the creation, delivery, or deletion of User Content, or for the failure to store any User Content or settings on the Service. You understand and acknowledge that temporary interruptions of the Service may occur. You also understand and acknowledge that we have no control over third party services accessible through our Service and therefore, we cannot control disruptions on, interactions with, or the performance of these other services.
Amendments of the Agreement
MOBILE ESPORTS reserves the right to make changes to this Agreement, if necessary, in particular for legal reasons or in connection with changes in the services provided. In the event of such a circumstance, the User shall be informed and MOBILE ESPORTS shall publish the current wording of the Agreement with the date of amendments on its internet website.
Privacy
Your privacy is very important to us. It is important for you to understand how we collect and use personal information. Your privacy rights are set forth in our and incorporated in these Terms by reference. Through your use of the Service, you are consenting to the collection and use of this information as set forth in the .
We reserve the right, as we reasonably believe is necessary, to access, preserve, and disclose any information to
satisfy any applicable law, legal process, or governmental request, enforce these Terms and investigate potential violations, detect, prevent, or otherwise address potential fraud, security, or technical issues, respond to user support requests, or protect the rights, property, or safety of MOBILE ESPORTS, its users and the public.
Use of the Service
You are not required to register to use the Service, but full access to the Service is only available to registered users. You can register an account with MOBILE ESPORTS using your email address or Facebook account or phone number.
MOBILE ESPORTS gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by MOBILE ESPORTS as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by MOBILE ESPORTS, in the manner permitted by these Terms.
You are responsible for safeguarding your password or access to the Service. You are also responsible for all activity that occurs under your MOBILE ESPORTS account, whether or not such activity was authorized by you. MOBILE ESPORTS will not be liable for any loss or damage arising from your failure to safeguard your password or from allowing others to use your MOBILE ESPORTS account.
Notwithstanding any other rights of MOBILE ESPORTS set forth herein, in appropriate circumstances we may disallow, reassign, or remove certain usernames or terminate your account, with or without prior notice, if activity on your account constitutes a violation of either these Terms or any applicable laws or regulations, or constitutes an infringement or violation of the rights of any third party.
When you install MOBILE ESPORTS app from a third party app store, your use of such MOBILE ESPORTS app may be governed by usage rules established by the app store provider which relate to your usage of MOBILE ESPORTS app in addition to these Terms of Use. You represent and warrant that you are not prohibited and by any applicable laws or Usage Rules from downloading and using MOBILE ESPORTS app.
Content on the Service
The Service allows you to play games and post comments and other media to the Service, collect Tickets and enter these into regular Contests (i.e., User Content). We reserve the right at all times (but will not have an obligation) to remove any User Content on the Service.
You are responsible for any User Content you publicly post or privately transmit on the Service and for any consequences thereof. All User Content is the sole responsibility of the User who originated such User Content. Keep in mind that the User Content you post may be available to all other users of the Service and through third party services and websites. You should only post User Content that you are comfortable sharing with others under these Terms and our Privacy Policy.
Mobile Esports Rights
All right, title, and interest in and to the Service are and will remain the exclusive property of MOBILE ESPORTS. The Service is protected by copyright, trademark, and other applicable laws of the Poland as well as foreign countries. MOBILE ESPORTS reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Service
To ensure that we provide the best service to all of our Users, you agree to use the Service in a manner consistent with the following restrictions.
You may not post User Content that:
Violates any rights of a third party, such as copyright, trademark, privacy, and publicity rights
Contains sexually explicit or pornographic content
Contains content that is abusive, defamatory, derogatory, discriminatory, or harassing, or that incites hatred against any individual or group
Contains a direct and specific threat of violence to others
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others
Exploits minors
Depicts unlawful acts, extreme or real-life violence, or self-harm
Depicts cruelty towards animals
Constitutes spam or an abuse of social media tags
Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures
Violates any law or is otherwise in furtherance of an illegal activity
You may not engage in the following prohibited activities while accessing or using the Service:
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MOBILE ESPORTS
Scrape the Service, or scrape User Content from the Service, without the express prior consent of MOBILE ESPORTS
Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information
Interfere with or disrupt (or attempt to interfere with or disrupt) access to the Service of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service
We reserve the right to enforce, or not enforce, these restrictions in our sole discretion, and these restrictions do not create a duty or contractual obligation for us to act in any particular manner.
Term and Termination
The Terms will continue to apply until terminated by either you or MOBILE ESPORTS as set forth below. You may end your agreement with Mobile eSports Limited at any time for any reason by discontinuing your use of the Service.
MOBILE ESPORTS may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, suspend or terminate your access to or cease providing you with all or part of the Service at any time for any reason. Including:
changing the availability of, restricting access to, or imposing limited on any or all features or services on, or link to, this Service;
removing, adding, modifying or otherwise changing fees or charges arising out of use of this Service or any features of this Service; and
removing, adding, modifying or otherwise changing any Content of this Service.
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
Disclaimer of Warranties
We endeavor to provide the best service we can, but your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "as is" and "as available" basis, without express or implied warranty or condition of any kind.
MOBILE ESPORTS makes no representations or warranties of any kind with respect to the Service, and disclaims all responsibility and liability arising out of or in any way connected with the following:
Completeness, accuracy, availability, timeliness, security or reliability of the Service or any User Content
Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any User Content Deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
The Services may contain links to third-party websites or resources. MOBILE ESPORTS has not reviewed all of the links and you acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services displayed on or available from such websites or resources.
No advice or information, whether oral or written, obtained from Mobile eSports Limited or through the Service, will create any warranty not expressly made herein.
Limitations of Liability
As far as it is permitted by law, MOBILE ESPORTS is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from MOBILE ESPORTS’s gross negligence or willful misconduct or from death or personal injury arising from MOBILE ESPORTS’s any negligence or fraud. This Agreement does not affect any statutory rights of consumer.
The User undertakes to indemnify, defend and hold MOBILE ESPORTS (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
Indemnification
You agree to indemnify and hold the MOBILE ESPORTS representatives harmless, including suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use or misuse of the Service or anyone using MOBILE ESPORTS through your account, or any alleged violation by you, or anyone using MOBILE ESPORTS through your MOBILE ESPORTS Account, of these Terms of Use, including, without limitation or any use of the Content other than as expressly authorized in these Terms of Use.
In particular, you agree to indemnify MOBILE ESPORTS representatives, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information your obtain through the Service.
Applicable Law and Jurisdiction
This Agreement and any dispute arising out of it or MOBILE ESPORTS’s Privacy Policy or Terms of Service is governed in all aspects by the law of Poland. Any claim arising out of it shall be resolved exclusively by the competent court having jurisdiction in Poland ,unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. If you are a citizen of the European Union, you can bring an action before the court of your residence. In case of any dispute arising between the User and MOBILE ESPORTS, the User is strongly encouraged first to contact MOBILE ESPORTS: contact@mobileesports.com
Entire Agreement
This Agreement, together with any documents referred to in it (if any), constitutes the entire agreement and understanding between MOBILE ESPORTS and the User and supersedes any previous agreements or understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
No Waiver
If MOBILE ESPORTS fails or delays to enforce its rights under this Agreement or other policies, it shall not preclude MOBILE ESPORTS from taking legal or other actions to enforce its rights. Any prior failure or delay shall not constitute a defense. Any waiver of MOBILE ESPORTS to enforce its rights shall be made in writing to be valid and applies only to certain rights, the waiver does not apply for any future claims, demands or damages, unless it is expressly stated.
