GENERAL TERMS AND CONDITIONS OF USE

 

G:loot provides an eSport platform with features allowing gamers to participate in contests, to compete for real money in existing, competitive, electronic games (the “Service”). The Service as further described on www.gloot.com is offered on both mobile and desktop devices. The Service is provided by G:loot AB, reg. no. 559115-8034, Birger Jarlsgatan 37 B, 111 45 Stockholm, Sweden (hereinafter “we”, “our”, “us”, the “Company” or “G:loot”). This User Agreement and G:loot’s Privacy Policy (this “Agreement”) applies to all Users of the Service (collectively or individually, “Users”, “User” or “you”). Each of G:loot and the Users is referred to as a “Party” and together as the “Parties”.

BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON “CONTINUE”, “AGREE”, “ACCEPT”, “APPROVE” OR “REGISTER” (DEPENDING ON YOUR USED PLATFORM) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “CONTINUE”, “AGREE”, “ACCEPT”, “APPROVE” OR “REGISTER” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SERVICE.

  1. GENERAL TERMS
    1. The terms and changes. By registering to the Service and/or accessing or using it, you acknowledge that you have understood and agreed to these terms and conditions (“Terms”) and that you are acting only on your own behalf and not on behalf of anyone else. These Terms form a binding and enforceable contract between G:loot and you. The Terms apply whenever you access the Service, on any device. G:loot may make modifications, deletions and/or additions to these Terms (“Changes”) at any time. When we make material Changes to these Terms, we will ask for your consent, if required, and provide you with prominent notice as appropriate under the circumstances, e.g. by displaying a prominent notice within the Service or by sending you an email. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided within the Service, is sent via email or otherwise; or (ii) when you opt in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the Terms by contacting us through email at www.gloot.com.
    2. Use of the Service. When you use the Service, you warrant that you to (i) are at least eighteen (18) years of age, or of the legal age in your jurisdiction, (ii) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, (iii) have the power to register for a User Account, and to participate in the Service. You must comply with these Terms when receiving the Service.
    3. User Account. By gaining access to the Service, you will create an account connected to a third party game (“User Account”). Should you choose to deposit money into your user account, you will also be required to register (or to already have registered) your email address that you use, and a password. You agree that the information you provide to G:loot upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
      You are restricted to opening and maintaining only one User Account. You may not transfer your User Account to anyone else, nor to permit anyone else to use your User Account. You may not use the User Account of another User. All transactions are monitored for possible money laundering activity, and any suspicious activity on your User Account could lead to you being reported to relevant authorities and freezing and confiscation of the funds. You can at any time log in to your account and view a statement of the account which would show recent transactions effected on that account. If you notice any mistakes you must notify G:loot immediately.
    4. Password. After making your first deposit, at the latest, you will be asked to set an account password. As you are responsible for all activities that occur on your account, you should keep the password confidential. You are solely responsible for maintaining the confidentiality of your User Account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your User Account or password. If you have reason to believe that your User Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify us by email to support@gloot.com. You may be liable for the losses incurred by Company or others due to any unauthorized use of your User Account.
    5. User communication. Under this Agreement, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices in the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    6. Refunds. The refund policy of G:loot is to not affect any refunds. However, it remains at management’s discretion to determine whether a refund request for a deposit made, or entry fee paid, should be entertained.
    7. Employee policy. G:loot employees may use the Services for the purpose of testing the user experience, but may not gain or withdraw money from it. G:loot directors, contractors, affiliates, or partners may have the right to use the Services without such limitation, but only if they do not have any access to non-public information relating to the Services, or any other advantage that would make their participation unfair to other players using the Service.
  2. THE SERVICE
    1. To be able to make use of the Service you may be required to first download certain proprietary G:loot software and/or mobile applications and revised versions of the foregoing (the “Software”).
    2. G:loot may choose to offer technical support and updates for the Service and Software from time to time at our discretion. You will either download the Software directly from us, or you will download Software from a third party, such as a game developer, but in either case your use of the Software is subject to this Agreement.
    3. We reserve the right to update and change the Service and the Software. If you do not want to accept a change, you are no longer authorized to use the Service or Software.
    4. G:loot may make changes to or discontinue any of the features and functionality available within the Service at any time, and without notice.
    5. We may, with or without notice to you: (i) modify, suspend or terminate your access to the Service for any reason without liability; and (ii) interrupt the operation of the Service as necessary to perform maintenance, error correction, or other work.
    6. G:loot may suspend and/or close the User Account of any User who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability. Also, and without limiting our other rights or remedies, if G:loot believe you have violated these Terms or if you have violated these Terms, G:loot may determine that your winnings, if any, will be forfeited, disgorged or recouped by us.
    7. You may be able to access third party games, websites or services via the Service. G:loot is not responsible for third party websites, services, or content available through such third party services. You are solely responsible for your dealings with third parties. Your use of third party software, websites or services may be subject to that third party’s terms and conditions.
  3. COMPLIANCE WITH LAWS
    1. You are responsible for compliance with all applicable laws. Your participation in the Service is at your own risk, and you agree not to hold G:loot responsible or liable if applicable laws restrict or prohibit your access or participation.
    2. G:loot make no representations or warranties, expressed or implied, as to the lawfulness of your participation in any competition or use of services, nor shall any person affiliated, or claiming affiliation, with G:loot have authority to make any such representations or warranties.
  4. YOUR INDEMNIFICATION OF G:loot
    1. The User acknowledges and agrees that G:loot leaves no representations or warranties regarding the Service quality, safety, reliability, availability, or performance. The User acknowledges and accepts that the User use the Service at the user’s own risk, and that G:loot will not be responsible for any consequential damages arising out of the use of, or the failure to use, the Service.
    2. The User agree to indemnify and hold G:loot and each of their directors, officers, employees, contractors, suppliers and partners, harmless from any claims, losses, damages, liabilities, costs and expenses, including attorney’s fees, arising out of or relating to your use or misuse of the Service, breach of these Terms or violation of the rights of any other person or entity, except solely to the extent any of the foregoing arise out of the wilful misconduct or gross negligence of G:loot. G:loot reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which the User are required to indemnify G:loot and the User agrees to cooperate with G:loot’s defense of these claims.
  5. PRIVACY POLICY
    1. G:loot’s Privacy Policy, found at [See separate document] is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
  6. PROHIBITED USES
    1. You may not use the Service in a way that is unlawful or prohibited by these Terms. Access to the Services from territories where the Services are illegal is strictly prohibited.
    2. You may not use the Service in any manner that in G:loot’s sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not intentionally interfere with or damage the operation of the Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service.
    3. You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.
    4. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
    5. You may never use the User Account of another User, even if permitted by that User.
    6. You may never, at any circumstances, deposit money to your User Account that does not belong to you, that has been gained from criminal or other illegal activity, or by using a credit, debit or charge card, PayPal account, Skrill account, bank account or other method of payment that does not belong to you personally.
    7. You may never deposit or withdraw funds from/to a User Account not registered by you.
    8. You may not deposit funds to or withdraw funds from your User Account with a method of payment that is not set up by you and issued in your name. G:loot has the right to verify, with authorized third parties, that the method of payment is set up by the User and deny any depositions and/or payouts.
    9. In accessing or participating in the Service or using the Software, you represent and warrant to G:loot that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Service. Any User who engages in, participates in, or displays behaviour that may be interpreted, in G:loot’s sole discretion, as unfair methods in participating in the Services will be subject to immediate sanction (as determined by G:loot in our sole discretion), which may include, without limitation: (i) immediate termination of User Account and blocking of the User’s access to the Services; (ii) any winnings that the User may otherwise have been entitled to receive shall be void and forfeited; and (iii) any winnings received by the User shall be subject to disgorgement and/or recoupment.
    10. The User must at all times observe the highest standards of personal integrity.
    11. Any form of cheating will not be tolerated. Users are prohibited from influencing or manipulating a third party game so that the outcome is determined by anything other than its merits. Examples of cheating would include: action to intentionally alter, or attempt to alter, the playing conditions or the results of any game or match or attempts to interfere with another player’s connection to the game service through Distributed Denial of Service (DDoS) or any other means.
    12. Users are prohibited from engaging in harassment or discrimination based on race, colour, religion, gender, national origin, age, disability, sexual orientation or any other status or characteristic protected by law.
  7. General Entry fee
    1. An entry fee can only be paid/placed by a registered User. An entry fee can only be paid/placed over a distance communication device such as a computer, mobile device or over the Internet. An entry fee can only be paid/placed if the User has sufficient funds in his or her User Account.
    2. All contests rules will be governed by the Terms and the rules applicable at the time of the contest’s start. The specific rules for each contest will be available from time to time at the start of that contest. Such rules may be, but is not limited to, entry fees, the numbers of Users in the contest, duration of the contest, distribution of prizes etc.
    3. An entry fee is deemed to have been accepted as soon as it is received on the Service and validated and processed. Confirmation is then sent to the device or computer of the User with a unique number and time stamp.
    4. You affirm that at the time that you entered a contest you had no knowledge as to the outcome of the respective contests. Entering contests about which the User has gained access to insider information are not allowed. Where there is a suspicion of a violation of this rule, G:loot retains the right to void the contest and refuse to pay out winnings. G:loot also retains the right to take any further action to protect its legitimate interests and to comply with other laws and regulations. We retain the right to decline to accept entering any contest without providing any reason.
    5. The list of contests, their status and details are available to the User on the Service after login. An entry fee which has been paid cannot be amended, withdrawn or cancelled by the User. A mistake regarding the details of a contest will not influence the validity of it. Should a contest for any reason be stopped prematurely, before it finishes as set out by its rules, or before any winnings are distributed, the User will be refunded the whole amount of his entry fee/s paid to that contest.
    6. When you enter a contest, you acknowledge that you have read and understood in full all the Terms and rules regarding the contests offered by G:loot as stated in the Service. We retain the right to limit contests. Should a contest that has a set number of participants according to its rules not reach full participation, winnings will be calculated on the accepted amount and number of participating users only.
    7. G:loot manages the User Account, calculates the available funds, the pending funds, the funds reserved in ongoing contests as well as the amount of the winnings. Unless proved otherwise, these amounts are considered as final and are deemed to be accurate.
    8. G:loot will never question you about the relevance of the contests you wish to enter and will not be held responsible for the possible mistakes that could have been made when entering such contests, including mistakes regarding the fee/s of the contest.
    9. Winnings will be paid into the User Account after the final winning result(s) is/are confirmed. However, G:loot reserves the right to set aside any winnings should there be investigations into the result of a contest resulting from a suspicion of undue manipulation, cheating or criminal activities that may have affected the result of the contest. If the irregularity is confirmed, G:loot retains the right to void any related winnings as well as entry fees.
    10. Should G:loot become aware that a User has entered or participated in contests using different User Accounts that the User has irregularly opened, or that has been opened by another User, all contests and results as well as winnings will be voided. G:loot retains the right to take further action as deemed appropriate and necessary.
    11. Communication errors do occasionally happen. Contest results are confirmed only when received on our servers.
    12. Should there be a break in communication after you entered a contest and your entry has been received on our servers it will still be considered valid. You will be informed that it has been accepted once communication is re-established at which time the contest may have been settled. If the entry into a contest is not received at our servers then it will not stand and the amount will not have been deducted from your account.
    13. The entry fee for each contest will be specified by G:loot at the time of the contest.
  8. Winnings & Payouts
    1. The number of Users participating in a contest and their relative skills determine the result of all contest. Each monetary prize that is larger than the concerned contest’s initial entry fee is subject to a 9.9% service fee (“Service Fee”), or a minimum of EUR 0.10 or the equivalent in another currency set on the User Account. Cash prizes will be deposited directly into the User Account and will usually be available within one (1) hour of a contest’s conclusion. A User’s Account should at no time exceed EUR 2, 000 or the equivalent in the currency set for the User Account.
    2. Where not intuitively given by the games’ existing dynamics, contesting rules or scoring, the controls and guidelines can be found at each game’s real money contesting section. Any questions or comments regarding this information should be sent to our Customer Support via email: support@gloot.com.
    3. G:loot is not a financial institution and no interest is paid on any funds, irrespective of the amount, held in the User Account.
    4. It is the responsibility of the User to keep track of winnings and report them to the proper authorities, if the User resides in a jurisdiction where those winnings are taxable. Any amounts that are mistakenly credited to the User Account as winnings remain our property and will automatically be transferred from the User Account upon the error being noticed. Any winnings mistakenly credited to the User Account yet withdrawn by you will constitute a debt owed by you to us in the amount of such wrongfully attributed winnings.
    5. When you request your first withdrawal from the User Account, we can ask you for (i) proof of your identity and (ii) your email address. If you are unable to provide this to us, to our reasonable satisfaction we may be unable to pay your requested withdrawal to you. We reserve the right to request this information for subsequent withdrawals too.
    6. We reserve the right to refuse to accept any promotional offers that we make to you and to withdraw them at any time. Any promotional offer that we make is subject to change by us at any time. Any additional terms and conditions that apply to a promotional offer will be displayed in relation to it. By accepting a promotional offer and/or making use of a promotional offer, you are confirming that you agree to its terms and conditions.
    7. If you provide materially misleading, inaccurate or incomplete information in the User Account, we will be entitled to terminate the User Account and cause you to forfeit any prizes you may have won as well as exercise any legal remedies we may have as a result of such conduct.
  9. INTELLECTUAL PROPERTY RIGHTS
    1. Software license. G:loot’s Service and Software are the property of G:loot or G:loot’s licensor. Subject to this Agreement, G:loot grants to you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable license to install, access and use the Service and the Software, but not the related object code and source code, on a Device owned or controlled by you, solely for the purpose of accessing and using the Service and Software in accordance with these Terms and for your personal use, and solely for so long as the User Account is open. You acknowledge that you are receiving licensed rights only. You may not copy, distribute, make available to the public or create any derivative work from G:loot or any part of G:loot’s platform unless you have a prior written approval from G:loot. G:loot’s Software is licensed, not sold, to you and G:loot and its licensors retain ownership of all copies of G:loot’s Software even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices.
    2. Ownership. All content of the Service, and all G:loot’s products and services, trademarks, symbols, logos, domain names, and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of G:loot or its licensors. We reserve all rights not expressly granted herein. Except as expressly set forth herein: no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Service or the Software in combination with any other information or products.
  10. TERM AND TERMINATION
    1. These Terms will continue to apply to you until terminated by either you or G:loot. The User agrees that G:loot, in its sole discretion and for any or no reason, may terminate the User Account or your use of the Service. G:loot may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. The User agrees that any termination of the User access to the Service or any account the User may have or portion thereof may be effected without prior notice, and the User agrees that G:loot shall not be liable to the User or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies G:loot may have at law or in equity.
    2. G:loot will deem inactive User Accounts abandoned and close such abandoned User Accounts after a period of at least three (3) months of complete User inactivity, regardless of any unwithdrawn balance left on accounts.
    3. You may terminate these Terms at any time and for any reason by going to your User Account webpage and following the account closure process, or by contacting Customer Support via email support@gloot.com, or through the game’s dedicated G:loot support email address. Upon termination of the User Account, you must immediately discontinue use of the Services and the Software and the User Account and promptly uninstall and delete all copies of the Software. Immediately upon termination of the User Account, all license and rights granted to you under these Terms automatically terminate. Your obligation to pay accrued Fees will survive any termination of these Terms.
    4. After termination of your User Account, you will not open a new User Account, but you may still be allowed to reinstate your account if you wish to do so under certain circumstances. You should contact Customer Support via email to support@gloot.com to request an account reinstatement.
    5. Any sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
    6. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
  11. WARRANTIES AND DISCLAIMERS
    1. The Service and any Software made available in conjunction with or through the Service are provided “as is”, “with all faults” and “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, G:loot disclaim all warranties, express or implied, including, but not limited to, possibility to use and non-infringement of proprietary rights.
    2. G:loot do not warrant that the features contained in the Service and Software will be uninterrupted or error-free, that defects will be corrected, or that the Service, Software or the server that makes it available is free of viruses, bugs, program limitations or other harmful components.
    3. G:loot do not warrant or make any representations regarding the use or the results of the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. The User understand and agree that the User downloads, or otherwise obtains material, or other data through the use of the Service at the User’s own discretion and risk and that the User will be solely responsible for any damage to the User’s computer system or loss of data that results from such material or data.
    4. G:loot may, at its sole discretion, screen, monitor and/or edit the Service, at any time for any reason, with or without notice.
  12. LIMITATIONS OF LIABILITY
    1. Under no circumstances, including, but not limited to, negligence, shall G:loot or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to the User for any special, indirect, incidental, consequential, or exemplary damages that arise out of, relate to or result from the User’s use or the inability to use the company materials, the Service itself (including any loss or disclosure of assets), or any other interactions with G:loot, even if G:loot or a G:loot authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to the User. In such cases, G:loot’s liability will be limited to the extent permitted by law.
    2. In no event shall G:loot or its affiliates, contractors, employees, agents, or third party partners or suppliers total liability to the User for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Service and Software (whether in contract, tort, warranty, or otherwise) shall the compensation available to the User be higher than the available funds on the User Account or the amount of the entry fee involved in the mistake or negligent act.
    3. These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than G:loot and received by the User through, or advertised on, the service or received by the User through any links provided on the Service.
    4. G:loot is not to be held responsible for the consequences caused by the breakdown of any device or software, directly managed or outsourced, which could lead to a total or partial reduction to the access of its services, via Internet or by phone.
    5. G:loot is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, saturation of the telecommunication networks or natural catastrophe; which could lead to a total or partial reduction to the access to its services, on Internet or by phone.
  13. GOVERNING LAW AND DISPUTES
    1. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Sweden, without regard to choice or conflicts of law principles.
    2. Further, you and G:loot agree that all disputes arising out of or in connection with the present Agreements shall be finally settled by [the non- exclusive jurisdiction] of the courts of Sweden with the Stockholm District court (Sw. Stockholms tingsrätt) as first instance, without prejudice to your right of recourse to other courts under applicable law to resolve any dispute, claim or controversy that arises out of in connection with these Agreements.
    3. The User agrees that any claims subject to dispute must be made in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
  14. ASSIGNMENT
    1. G:loot may assign the Terms or any part of them, and G:loot may delegate any of its obligations under these Terms. You may not assign the Terms or any part of them, nor transfer or sub-license your rights under these Terms, to any third party.
  15. SEVERABILITY
    1. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  16. ENTIRE AGREEMENT
    1. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms or guidelines made by G:loot.
  17. WAIVERS OF OUR RIGHTS
    1. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
  18. MISCELLANEOUS
    1. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
    2. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.