Terms of Use  

Effective date: 20 April 2020

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OR OPENING SKIBRE ACCOUNT ("ACCOUNT") SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO SKIBRE. OUR GOAL AT SKIBRE IS TO PROVIDE MOBILE GAMERS OF ALL SKILL LEVELS THE CHANCE TO PLAY THE BEST SKILL-BASED GAMES. IN ORDER TO ENSURE FAIR PLAY, AND THAT EVERY MEMBER IS TREATED WITH THE RESPECT THEY DESERVE, THESE ARE THE RULES OF OUR SITE.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at www.skibre.com and our mobile application Skibre operated by Skibre Private Limited.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms, our Privacy Policy, and Data Protection Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them. These Agreements apply to all visitors, users and others who wish to access or use Service.

By registering for an account with us (your “account”), using the services in any way, clicking “I accept” below, or registering for or participating in any skill-based tournaments, you: (a) acknowledge that you have read these terms and conditions of service and all obligations and rules that may be included within each competition in which you participate (“rules”) (these terms and conditions of service, the terms of any policy incorporated herein, and the rules are collectively referred to as the “terms”) in their entirety; (b) agree to be bound by the terms; and (c) are authorized and able to accept these terms. If you don’t wish to be bound by the terms, do not click “I accept” and do not register with Skibre (“Skibre”, “we” or “us”) and do not use the services. Declining to accept these terms means you will be unable to participate in competitions or use your Skibre account.

By signing up for an account and becoming a member to participate in any game or skill-based tournament offered on our platform, you confirm your knowledge of and agreement to be bound by the then most current version of these terms and conditions, which can be accessed from the site and/or app. Skibre may modify these terms and conditions at any time, without advance notice. You are responsible for reviewing these terms and conditions periodically for any modifications. Your continued use of the site following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any service, including contest rules and eligibility. We will provide these terms to you or post them on the website pages and/or app to which they apply; they are incorporated by reference into these terms and conditions. If there is a conflict between these terms and conditions and any additional terms that apply to a particular service, the additional terms will control.

These are our terms and conditions of service ("terms and conditions"). These terms and conditions apply to web sites and interactive services (individually a "service" and collectively the "services") owned or operated by Skibre and its subsidiaries and affiliates ("Skibre", "we" or "us”). Users who do not comply with the terms and conditions will face consequences as hereinafter described. As set out in more detail below, Skibre reserves the right to immediately suspend and/or close the account of any member who violates, or whom Skibre reasonably believes may be or will be violating, these terms and conditions of service, at any time without notice. Please note that if a member's account is closed due to a violation of the terms and conditions, Skibre reserves the right to determine how the member's account balance will be distributed.

You may only use the services and/or open an account if your applicable jurisdiction allows you to accept these terms of service.

1. BINDING TERMS AND CONDITIONS

1.1. Introduction

These terms of service set out the terms and conditions by which Skibre Private Limited and its affiliates and subsidiaries (individually and collectively, "Skibre", "we", "us" or "our") offer:

(a) our mobile games (“games”);

(b) our mobile apps on Android & IOS (“apps”)

(c) our website;

(d) any other apps, websites, games or services that link to this terms of service, regardless of how you access or use them, including through mobile devices, smart TV’, (collectively, the “services”).

The services also include any services provided by or through the Skibre platform client software, any services made available through our apps, games or the site, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software,application programming interfaces (API’s), application services (including without limitation any mobile application services) or software development kits (sdks) or other materials made available by or through us ("content"). Any updates, upgrades and new features added to or augmenting the services are also subject to these terms of service.

1.2 General Terms

User accounts. The use of the services and products provided by Skibre requires prior registration of an account as a user, which registration has to be accepted by Skibre. Skibre reserves the right to reject user registrations without specifying any reason for rejection. Multiple registrations by a single person, as well as the setting up and operation of multiple accounts at Skibre are strictly prohibited. User accounts are non-transferable.

Username, password. Skibre reserves the right to at any time change or add new requirements for the choosing of passwords. Passwords must not be shared, but kept secret and periodically changed. If a third party gains access to the account of a user who is in violation of these terms or Skibre security guidelines and plays skill-based tournaments or games or redeem points, then the user shall bear any and all expenses incurred and Skibre will not be liable to that user for any form of compensation. Skibre will not disclose your password to any third parties unless are required to do so by law.

Skibre grants you a non-exclusive, non-transferable limited right and license to install the software and access and use the services, subject to the terms and conditions of these terms of service and for personal use only. This license does not allow you to make any commercial use or any derivative use of the services (including without limitation any of its individual elements, including but not limited to the apps, games, software or content). All rights not specifically granted by Skibre under these terms of service are hereby reserved by Skibre. Any third-party scripts or code, linked to or referenced from the services, are licensed to you by the third parties that own such scripts or code, not by Skibre.

You acknowledge and agree that all title, ownership rights and intellectual property rights connected with the services (including but not limited to any derivative works, titles, computer code, games, objects, themes, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated in the services, and any related documentation) are the property of Skibre and where applicable, third party proprietors identified in the services.

By using or accessing the services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the services and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the services or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the services on any other server or as part of any other website or app. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website).

We may provide updates, patches and other modifications to the services that must be installed for you to continue to play our games properly or at all. We may update, patch or modify the software remotely and access the software residing on your machine or device for such purpose, and you hereby grant to Skibre the right to deploy and apply such patches, updates and modifications. All provisions of these terms of service that refer to “software” shall also include all such patches, updates and modifications.

By accessing and using Skibre, you warrant and represent that:

-you are at least 18 years old;;

-you are capable of entering into a legally binding agreement and not be barred from doing so under any applicable laws;

-you are using your actual identity;

-the personal particulars that you have provided upon request by Skibre are true, accurate, complete and current;

-you will maintain and promptly update your personal particulars, and ensure that such particulars are kept true, accurate, complete and current; and

1.3 Governing Law, Compliance with Law And Disputes

These terms of service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on contracts for the international sale of goods and the uniform computer information transaction act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these terms of service against or relating to Skibre or any indemnified party under these terms of service shall be referred to and finally resolved by arbitration in Singapore in accordance with the arbitration rules of the Singapore International Arbitration Centre (“SIAC rules”) for the time being in force, which rules are deemed to be incorporated by reference in this section. There will be one (1) arbitrator and the language of the arbitration shall be English.

You also hereby consent to the exclusive jurisdiction of and venue in the courts of Singapore, in all disputes arising out of or relating to the services. Notwithstanding any other provisions of these terms and conditions, we may seek injunctive or other equitable relief from any court of competent jurisdiction. You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.

1.4. Entire Agreement

These terms and conditions, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to a particular service and the privacy policy), constitute the entire agreement between you and Skibre regarding the services and cannot be modified by you, or any person affiliated, or claiming affiliation, with Skibre except by express written agreement.

1.5. Severability

If any portion of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, liability limitations and commitment not to participate in class action proceedings set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.

2. ELIGIBILITY AND RESTRICTIONS ON PARTICIPATION

2.1 Eligibility

In order to sign up and maintain an account on the site, an individual must:

Be a natural person, at least 18 years old, and who has had the mobile number submitted on the account sign up form assigned to their use and control as represented;

Be a citizen or resident of a country ("territory") where skill-based skill-based tournament is legal;

Have the power to enter into a contract with Skibre;

Be physically located in a territory in which participation in the service you select, or the site, is unrestricted by applicable laws; and comply with these terms and conditions at all times.

If any one of these requirements is not met at any time, we, on behalf of our developer partners, may suspend or close your account with or without notice.

We make no representation that this site is operated in accordance with the laws or regulations of, or governed by, other nations. By utilizing the services and participating in site activities, you certify that you meet the age and other eligibility requirements for the site and the services set forth in the terms and conditions. If you do not meet the age and other eligibility requirements, please discontinue using the site and the services immediately. You are solely responsible for your compliance with all applicable laws.

We make no representations or warranties, express or implied, as to the lawfulness of your participating in any competition offered by Skibre or use of services, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties.

Officers, directors and agents of Skibre and its affiliates are not eligible to participate.

You are subject to all laws of the province, state, and/or country in which you reside and from which you access the services, and are solely responsible for obeying those laws. You agree Skibre and its affiliates cannot be held liable if laws applicable to you restrict or prohibit your participation.

Skibre may at any time require any member to provide proof of eligibility to participate in order to continue to allow such member access to the site and the services, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the site.

Skibre only offers its services in the country or countries that are selectable. In the event that a player enters false information regarding his residence, then Skibre may exercise its right of avoidance with regard to the user contract. Skibre reserves the right to withhold and offset funds from the player’s account.

If you are unsure of whether Skibre's services are legally permitted in your area, then seek legal advice prior to registration and/or to participation.

2.2 Information Required

Upon sign up, you may be required to provide some information. The information provided must be true, accurate, current and complete, as requested. You agree to update the sign up data to keep it current and accurate. If Skibre determines you are signing up with purposely incorrect information, Skibre reserves the right to close your account.

2.3 Limitations On Participation

You are only permitted to sign up for one active account on the site. Additionally, Skibre reserves the right to monitor any effort to establish multiple accounts. In the event it is discovered that you have opened more than one account, all accounts will be closed without notice. Skibre reserves the right to deny access to anyone, including, but not limited to, those members who use proxy servers and/or ip addresses residing in certain geographical areas.

Skibre reserves the right to limit your activity on the site in any way it deems appropriate, in its sole discretion.

2.4 Accounts For Individual Use Only

You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these terms and conditions, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the site, or participate in any game using your account information. Your account is not transferable to any other person. All activities undertaken under a member's account will be deemed to have been done by that member.

2.5 Violation Of The Terms And Conditions And Abuse: Liability

3. TERMS FOR USERS

Terms for Free-to-play players (PRACTICE TOURNAMENTS)

Account holders may be given access to “free-to-play games” and/or “Practice Tournaments.”

4. TOURNAMENTS

Game Play

The site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game. You may not: (a) gain unauthorized access to the site's systems or any account (other than your own), interfere with the communications, procedures or performance of the site or deliberately damage or undermine the site; (b) affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, automated programs, screen analysis utilities, player collusion, any type of modifications, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the site; or (c) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account. The site, in its sole discretion, reserves the right to terminate any person's account who is suspected of tampering with their game results for the skill-based tournament entered, or who otherwise violates these rules and to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authorities.

Disputes

First time offenders deemed to have knowingly violated the terms and conditions may receive an initial warning along with a minimum penalty of a thirty (30) day account suspension. Repeat offenders will be deemed to be intentionally violating the terms and conditions and will face a minimum six (6) month suspension for a second violation and permanent suspension for a third violation.

Any dispute filed without evidence will be considered invalid.

Abusive behaviour on platform: any abusive, obscene, lewd, threatening or insulting behaviour by a user towards Skibre support staff or other players on the Skibre site will result in their immediate suspension for an indefinite period of time as determined by Skibre support staff. Sending multiple tickets associated with the same issue will result in disciplinary action following the suspension guideline.

Lagging and ip booting: users who are caught lagging/ip booting matches will face an automatic loss and suspension. The suspension penalty will follow the suspension guideline listed above. When disputing a lagging match, video evidence of the lag is required in order for your dispute to be validated. You must be able to provide video evidence that clearly identifies the exit of the match. When playing a match with a poor connectivity level, be sure to quit before either you or your opponent gain a significant advantage in the match. When a user disconnects from a match while their opponent has a significant advantage, the user who disconnected will receive an automatic loss. If the match is played and completed in its entirety, the results of the match will stand. The Skibre customer support team has the sole discretion to adjust end match results at any time.

5. PURCHASES

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Skibre is revocably authorized, but not obligated, to accept payments via credit card, direct debit, and other forms of payment. The user irrevocably agrees that Skibre may inform the user's financial institution (or any agency that is commissioned by Skibre to collect any outstanding funds) of the user's complete name, date of birth, and address if the user's direct debit cannot be honored. Furthermore, the user agrees that his financial institution (or any agency that is commissioned by Skibre to collect any outstanding funds) may be transferred Skibre's information, which may also be saved for the purpose of processing the direct debit until the claim has been met.

If a user incurs any additional charges for a monetary transaction, especially in the case of a denied payment (such as denied transfer, denied credit card payment) or due to increased bank processing fto for transfers from foreign countries or into foreign countries, then Skibre is authorized to deduct these fees from the user account. The assertion of any further damages, namely those for the compensation of third party processing of the denied payment (such as collection agency and attorney costs) is always reserved. The user agrees to assume all costs that may be attributed to him when funds credited to his account (such as cancellation of a direct debit, insufficient funds, of incorrectly submitted account information) are reversed. Furthermore, in cases such as this Skibre is authorized to organize a collection agency in order to collect the outstanding bills, also including any that are incurred through the hiring of the collection agency.

By providing Skibre with a payment method, you:

(a) represent that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate;

(b) authorise Skibre to charge you for the services using your preferred payment method; and

(c) authorise Skibre to charge you for any paid feature of the services that you choose to sign up for or use while these terms of service are in force.

6. COMMUNICATIONS

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

7. INTELLECTUAL PROPERTY RIGHTS PROTECTED

Acknowledgment of proprietary rights

By signing up for an account and/or participating in any skill-based tournament or game offered on the site, or using the services, you acknowledge that all content included in the services, including 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 Skibre and/or its licensors. You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the content, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Skibre neither warrants nor represents that your use of the content will not infringe rights of third parties. While Skibre uses reasonable efforts to include accurate and up-to-date information, Skibre makes no warranties or representations as to the accuracy or completeness of any content and assumes 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 and skill-based tournaments, are registered and unregistered trademarks of Skibre and/or others. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks displayed on the site without the written permission of Skibre or such third party that owns the trademark displayed on the site. Your misuse of any trademark displayed on the site, or any other content, except as provided in these terms and conditions and applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited.

You are also advised that Skibre will aggressively 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 and quasi-criminal prosecution where appropriate.

8. SITE RULES OF CONDUCT

Rules of Conduct

The license for use of the services is effective until terminated as set forth in these terms of service or if you fail to comply with any term or condition of these terms of service. In such event, no notice shall be required by Skibre to effect such termination. The site reserves the right to temporarily or permanently ban members who violate these rules of conduct.

YOU AGREE NOT TO:

- post profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion,

-share personal information (your name, phone number, home address, and password) with other users, transmit or upload any copyrighted or trademarked materials in messages or postings, advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages.

-attempt to participate in any service by means of automatic, macro, programmed or similar methods, commit fraud with regard to any service, attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).

-make any commercial use of any of the information provided on the website or through the services nor make any use of the website or services for the benefit of a business.

-obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.

-upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

-use the services to harm minors in any way;

-use the services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

-forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services;

-remove any proprietary notices from the services;

-cause, permit or authorize the modification, creation of derivative works, or translation of the services without the express permission of Skibre[a];

-use the services for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;

-use the services for fraudulent purposes;

-attempt to decompile, reverse engineer, disassemble or hack the services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Skibre with respect to the services and/or data transmitted, processed or stored by Skibre;[b]

-harvest or collect any information about or regarding other account holders, including without limitation any personal data or information;

-upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

-upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

-upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorised form of solicitation;

-upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

-disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

-interfere with, manipulate or disrupt the services or servers or networks connected to the services or any other user's use and enjoyment of the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;

-take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the services or the servers or networks connected to the services;

-use the services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

-use the services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the united states government as a foreign terrorist organization pursuant to section 219 of the immigration and nationality act;

-use the services to violate the privacy of others or to "stalk" or otherwise harass another; and/or

-use the services to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Skibre, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available through the services. Skibre does not control the content posted through the services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the services, you may be exposed to content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Skibre be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any content posted, emailed, transmitted or otherwise made available through the services.

You acknowledge that Skibre may or may not pre-screen content, but that Skibreand its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any content that is available through the services for any reason. Without limiting the foregoing, Skibre and its designees shall have the right to remove any content that violates these terms of service, if we receive a complaint from another user, if we receive a notice of intellectual property infringement or other legal instruction for removal, or if such content is otherwise objectionable. We may also block delivery of a communication (including without limitation status updates, postings, messages and/or chats) to or from the services as part of our effort to protect the services or our users, or otherwise enforce the provisions of these terms and conditions. You agree that you must evaluate, and bear all risks associated with, the use of any content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Skibre or submitted to Skibre, including without limitation information in Skibre forums, instant messaging channels and in all other parts of the services.

You acknowledge, consent and agree that Skibre may access, preserve and disclose your account information and content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Skibre or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Skibre, its users and/or the public.

Esports Code Of Conduct

By signing up for an account and/or participating in any game or skill-based tournament offered on the site or otherwise affiliated with Skibre, you agree to refrain from engaging in any behaviour causing or likely to cause harm to or reflect negatively upon the brand, reputation, or goodwill of Skibre, including those of its affiliates, sponsors, and business partners. Members are expected to behave in a manner consistent with the Skibre esports code of conduct available at esports code of conduct, which includes, but is not limited to, standards of honesty, respect, equality, and fair play. Skibre reserves the right, in its sole and exclusive discretion, to monitor and evaluate any member’s past or present activity or online communications in assessing compliance with this term. In the event any member is found to be engaging, to have previously engaged, or is suspected to have engaged in behaviour that is contrary to the rules, standards, and valued expressed herein, Skibre hereby reserves the right to suspend or terminate any member’s account, to block site access, disqualify them from any skill-based tournament, and in the event illegal activity is discovered, to disclose member information to law enforcement, and/or to commence legal action at the sole and exclusive discretion of Skibre.

Member Feedback Policy

While using the services, and as a continuing condition of your use of the site, you agree to comply with the site's policy on feedback. Abuse of the site's feedback system undermines the integrity of the feedback system and decreases trust within the community. Skibre is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback, therefore the member would be responsible for it. There are limited occasions when Skibre will remove feedback comments.

Skibre will remove feedback ratings and comments if they meet the standard for feedback abuse or members mutually agree. Feedback that meets any of the circumstances below is feedback abuse and may be subject to removal:

Skibre is provided with a court order finding that the feedback is libelous, slanderous, defamatory or otherwise illegal.

The feedback comment contains profane, vulgar, obscene, or racist language or adult material.

The feedback comment contains personal identifying information about another member, including real name, address, phone number, e-mail address, etc..

The feedback comment contains links or scripts.

Feedback left by members who are indefinitely suspended for certain policy violations or are in violation of the terms and conditions.

If members suspect that feedback left for them is in violation of the site's feedback policy and constitutes abuse, they are encouraged to email us to report this violation. Skibre will also offer the opportunity to members to withdraw feedback if both members mutually agree to the removal of a specified comment or feedback rating.

You may provide us either directly at the email address provided in our website or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

ACRA

ACRA or Application Crash Reports for Android is monitoring platform. Please find more information here: https://github.com/ACRA/acra

Firebase Crashlytics

Firebase Crashlytics is bug reporting service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Anti-Spam Policy

Skibre prohibits any activity commonly referred to as "spam". Members who are reported and whose claims of "spam" are validated by Skibre will have their respective accounts either immediately terminated or suspended, at the sole discretion of Skibre.

Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;

Messages posted to message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume;

Skibre may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

Account suspension: upon the receipt of a credible and validated complaint, Skibre may also elect to immediately suspend the membership of the member implicated in the abuse. Suspension serves as a "final" warning and will prevent the member from continuing their abusive "spamming" behaviour. Skibre will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion. The site reserves the right to lift the suspension of a member at any time, at its sole discretion.

Account termination: upon the receipt of a credible and validated complaint, the site may immediately terminate the membership of the individual member implicated in the abuse.

Abuse Reporting

If you wish to report a violation of our anti-spam policy, please forward all evidence of abuse to us at hello@skibre.com[c][d]. Please refer responsibly.

9. TERMINATION

Account Termination

Skibre reserves the right to terminate your account, limit or prohibit your participation in any game or skill-based tournament.

By signing up for an account and/or participating in any skill-based tournament or game offered on the site, you consent to allow Skibre to access your account information to investigate complaints or other allegations of abuse.

Any person whose access has been suspended or terminated may not re-sign up for, or re-access, the site without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the site.

Forfeiture And Account Suspension/Termination

As described in the site rules of conduct, Skibre is committed to taking all necessary measures to prevent anything that gives a member an unfair advantage over another member. We are also committed to ensuring that the Skibre environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a member is failing to observe the terms of the rules of conduct.

As described below, if you are found to be violating the Skibre rules of conduct, we may suspend or revoke your account, void your scores, change your feedback and/or commence legal proceedings against you. Skibre may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

Skibre reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term of these terms and conditions; (ii) you are participating in any attempt to defraud Skibre or the site through the use of credit cards or other methods of payment, regardless of the outcome; (iii) you have failed to honour legitimate charges or requests for payment, or you have 'charged back' or denied any of the purchases that you made to your account; (iv) you are participating in any attempt to cheat another member through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.

For breaches of the terms and conditions (including the rules of conduct) that are deemed by Skibre, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their account suspended at the discretion of Skibre. Repeat offenders will be deemed to be intentionally violating the terms and conditions.

No Waiver Implied

The failure of Skibre to enforce at any time any of the provisions of these terms and conditions, or the failure to require at any time performance by you of any of the provisions of these terms and conditions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the Skibre to enforce each and every such provision thereafter. The express waiver by the Skibre of any provision, condition or requirement of these terms and conditions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Termination

You are entitled to close your account at any time by contacting customer support. Skibre will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your account until such closure has been effected by us. Skibre is entitled to terminate these terms and conditions immediately on notice (or attempted notice) to you at the email address you have provided Skibre.

A player can terminate his account and thereby any user license agreement at any time during the course of participation. All that is required to terminate is a written email to Skibre. Remaining coins in the account will be forfeited upon termination. Skibre has the right to terminate a player’s account with two weeks’ notice but may terminate and deactivate player’s accounts for substantial / or pressing reasons, including but not limited in cases of abusive behavior or the suspicion of abuse. If such abuse is likely, then games which have already begun may be aborted and the results will not be evaluated. In case of abuse the player is obliged to compensate and indemnify Skibre for any caused loss, damage, or third party legal claims, including tax claims.

10. LIMITATION OF LIABILITY

You agree that Skibre and its affiliates will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Skibre and its affiliates have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the services; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the services; or (v) any other matter relating to the services. Skibre is not liable for loss, damage, or injury caused by access, use, or attempted access or use of its platforms, websites, applications. Skibre is also not liable for any loss, damage or injury caused by downloading any data or for information obtained in any other way from Skibre unless the problems are caused by wanton neglect or purposeful breach of duty on the part of Skibre. Skibre shall only be held liable for its vicarious agents and/or legal representatives who have acted with wanton negligence or purposeful breach of duty and as long as no material contractual obligations have been violated by Skibre, its vicarious agents and/or legal representatives. Damage resulting from injury to life, body or health shall not be affected

Skibre is not liable for any damages of any kind that are caused due to a player’s misuse of Skibre services, which include all resulting losses by any third parties.

Skibre shall be accountable for the content that it makes available. Skibre cannot be held accountable for offers from third-parties for which we only offer access (such as via links). We expressly call to your attention that we cannot be held liable for any content on third-party websites for which we offer links.

Changes to service: We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Amendments: We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Waiver And Severability: No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

11. INDEMNIFICATION

By signing up for and/or participating in any services offered on the site, you agree to indemnify, defend, and hold harmless Skibre network lp, 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). Skibre 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 Skibre's prior written approval.

12. HACKING, TAMPERING, OR UNAUTHORIZED ACCESS

By signing up for an account and/or participating in any skill-based tournament or game offered on the site, you agree without limitation that Skibre is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the site or your account.

Any attempt to gain unauthorized access to the site's systems or any account, interference with procedures or performance of the site, or deliberately damaging or undermining the site is subject to civil and/or criminal prosecution and will result in immediate termination of your account.

Any attempt to participate in any skill-based tournament or game offered on the site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account.

13. DISCLAIMER

Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis. Skibre expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Skibre makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services or information purchased or obtained by you through the services will meet your expectations, (v) your messages, data or information, in whatever form or medium, will not be lost, and (vi) any errors will be corrected. Any material downloaded or otherwise obtained through the services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Skibre, or through or from the services will create any warranty not expressly stated in these terms and conditions.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, liability of Skibre will be limited to the greatest extent permitted by law. To the extent that any part of this section is not consistent with any other part of the terms and conditions, then this disclaimer of warranties will override it.

Skibre reserves all rights not expressly granted herein. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations. Skibre may modify these terms of service at any time by posting the revised terms of service on the site. Your continued use of the services after such changes have been posted shall constitute your acceptance of such revised terms of service. Nothing in these terms of service shall constitute a partnership, joint venture or principal-agent relationship between you and Skibre, nor does it authorise you to incur any costs or liabilities on Skibre’s behalf. The failure of Skibreat any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

The terms set forth in these terms of service and any agreements and policies included or referred to in these terms of service constitute the entire agreement and understanding of the parties with respect to the services and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these terms of service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these terms of service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this section it might otherwise have had in relation to any of the foregoing. These terms of service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

The services are provided "as is" and without any warranties, claims or representations made by Skibre of any kind either express, implied or statutory with respect to the services, including without limitation warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, Skibre does not warrant that the services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the services and/or the server that makes same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components. You acknowledge that the entire risk arising out of the use or performance of the services remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you.

In no event shall Skibre be liable whether in contract, warranty, tort (including without limitation negligence (whether active, passive or imputed), product liability or strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for loss of use, profits, revenues, goodwill or anticipated savings or for any indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer, mobile phone or mobile device failure) arising out of or in connection with the use or inability to use the services, including, without limitation, any damages resulting therefrom, even if Skibre has been advised of the possibility of such damages.

Your only right with respect to any problems or dissatisfaction with the services is to terminate your account and discontinue any use of the services.

If, notwithstanding the previous sections, Skibre is found by a court of competent jurisdiction to be liable (including for gross negligence), its liability to you or to any third party is limited to USD100. Nothing in these terms of service shall limit or exclude any liability for death or personal injury caused by Skibre’s negligence, for fraud or for any other liability that cannot be lawfully limited and/or excluded.

If you believe that your work (as included on the services) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our copyright agent. A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following:

A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed; a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; information sufficient to permit Skibre to contact you, such as your physical address, telephone number and e-mail address; a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorised by the copyright owner, its agent, or the law; a description of the exact name of the infringing work and the location of the infringing work on the services; and a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on the copyright

You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the us foreign corrupt practices act and the Singapore prevention of corruption act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

14. FORCE MAJEURE

Skibre shall not be liable for any delay or failure to comply with its obligations under these Terms of Service, where the cause of such delay or failure is beyond its reasonable control. Such causes may include an act of God, riot, civil commotion, strike (whether or not involving employees of Skibre), lockout or other labour disturbance, fire, war, acts of foreign enemies, perils of the sea, power outage, epidemics, network congestion, telecommunications failure, electrical power failures, or any faults, interruption or disruption of the networks of any service provider or of your equipment or the equipment of any third party.

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