Terms of service

Effective Date: 3 April 2020

These Terms govern Your use of Our Service, Website or App. By accessing or using the Service,  Website or  App or You hereby consent, agree and confirm compliance with these Terms, which form the legally binding contract between You and Us. The definitions which are used are set out at the end of the document. 

Who we are
We are Stakester Ltd (“Stakester”) registered in the UK at Companies House under number 11876982 (incorporating Stakester Inc in the USA, which is a wholly owned subsidiary of Stakester Ltd).

Where we are based
Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX

How you can contact us
If you have any questions on the Service:contact@stakester.com If you wish to contact Us regarding these Terms or if these Terms require You to give Us a legal notice in writing: legal@stakester.com

Account and use of the Service

Access to the Service, Website or App
Subject to these Terms, We grant you a non-transferable, non-exclusive, revocable, limited licence to use and access the Service, Website or App solely for Your own personal, non-commercial use.

When you set up an account with Us, You: 
(a) must set up an account in good faith, verifying that all details are true and accurate;
(b) must only set up one single account in Your own name;
(c) must only use one single email address which is Your own; 
(d) must be the person playing all games through the Service, Website or App;
(e) must not assign the account to other person(s) or allow other person(s) to play on your behalf or in your place;
(f) must be over 18 years old;
(g) must not allow person(s) under 18 years old to access or use Your account, or to allow such underage person(s) to play games which are linked to Your account;
(h) must only use Your own card for providing any payment to the Service, Website or App. Your name, email, and card details must all show as the same person.

Account information
To access or use the Service You must set up an account with Us. This account will prompt you to enter certain data about Yourself which you must provide Us with to proceed. You consent agree and confirm that We may hold all of the personal data provided. You represent and warrant that all required registration information You submit is truthful and accurate, and that You will maintain the accuracy of such information. Further details of how we hold and process Your data is set out in our Privacy Notice. If you withdraw Your consent to hold Your data We will no longer be able to provide the Service to You. If you provide false or misleading information We reserve the right to suspend or withdraw Your account. 

Account access and responsibilities
You are responsible for maintaining the confidentiality of Your account login information and are fully responsible for all activities that occur under Your account.  You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your account or any other breach of security.  We cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

User Content 
You are solely responsible for Your User Content.  You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that personally identifies You or any third party.  You hereby represent and warrant that Your User Content does not violate Our Acceptable Use Policy (set out below).  You may not represent or imply to others that Your User Content is in any way provided, sponsored or endorsed by Us.

Because You alone are responsible for Your User Content, You may expose yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and Your User Content may be deleted from the Service, Website or App at any time without prior notice.  You are solely responsible for creating and maintaining Your own backup copies of Your User Content if You desire.

Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”. You agree not to use the Service, Website or App to collect, upload, transmit, display, or distribute any User Content: (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.In addition, You agree not to: (a) upload, transmit, or distribute to or through the Service, Website or App any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send through the Service, Website or App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c)  use the Service, Website or App to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, Website or App, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Service, Website or App (or to other computer systems or networks connected to or used together with the Service, Website or App), whether through password mining or any other means;(f) harass or interfere with any other user’s use and enjoyment of the Service, Website or App; or (g) use software or automated agents or scripts to produce multiple accounts on the Service, Website or App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service, Website or App (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service, Website or App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in Our robots.txt file).

Access Restrictions 
The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, Website or App, whether in whole or in part, or any content displayed on the Service, Website or App; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service, Website or App; (c) You shall not access the Service, Website or App in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service,  Website or App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Service, Website or App shall be subject to these Terms.  All copyright and other proprietary notices on the Service, Website or App (or on any content displayed on the Service, Website or App) must be retained on all copies thereof.

Licence
You hereby grant (and You represent and warrant that You have the right to grant) to Us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, and to grant sublicences of the foregoing rights, solely for the purposes of including Your User Content in the Service, Website and App. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.

Other users
Each Service, Website or App user is solely responsible for any and all of its own User Content.  Because We do not control User Content, You acknowledge and agree that We are not responsible for any User Content, whether provided by You or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.  Your interactions with other Service, Website or App  users (including any Opponent) are solely between You and such users.  You agree that We  will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between You and any Service, Website or App user (including any Opponent), we are under no obligation to become involved.

Our Service 

General Changes
These Terms are subject to occasional revision, and if We make any substantial changes, we may notify You by sending you an e-mail to the last e-mail address You provided to Us (if any), and/or by prominently posting notice of the changes on our Service, Website or App.  You are responsible for providing Us with Your most current e-mail address.  In the event that the last e-mail address that You have provided Us is not valid, or for any reason is not capable of delivering to You the notice described above, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following Our dispatch of an e-mail notice to You (if applicable) or thirty (30) calendar days following Our posting of notice of the changes on Our Service, Website or App.  These changes will be effective immediately for new users of Our Service, Website or App.  Continued use of Our Service, Website or App following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Electronic Communications

The communications between You and Us use electronic means, whether You use the Service, Website or App or send Us emails, or whether We post notices on the Service, Website or App or communicate with You via email. For contractual purposes, You:(a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

Access modifications
We reserve the right, at any time, to modify, suspend, or discontinue the Service, Website or App (in whole or in part) with or without notice to You.  You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Service, Website or App or any part thereof.

Support and Maintenance 
You acknowledge and agree that We will have no obligation to provide You with any support or maintenance in connection with the Service, Website or App.

Enforcement
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against You in our sole discretion if You violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for Us or any other person. Such action may include removing or modifying Your User Content, terminating your account, and/or reporting You to law enforcement authorities.

‍Feedback
If you provide Company with any feedback or suggestions regarding the Service, Website or App (“Feedback”), you hereby assign to Us all rights in such Feedback and agree that We shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  We will treat any Feedback you provide to Us as non-confidential and non-proprietary.  You agree that you will not submit to Us any information or ideas that you consider to be confidential or proprietary.

Security and Money

Security
The Website and App are https, secured by encryption. This ensures that only the parties to the competition are able to provide input to the Service. 

Chat
Any use of any ‘chat’ facility as part of the Service may be retained by Us securely. Data may be used to assist in the event of any dispute over the competition or to otherwise monitor or improve the Service.

Money transactions 
You have the option to purchase Stakester Dollars. Purchase of Stakestar Dollars is a non-refundable transaction. Stakestar Dollars hold the value 1 / $1, subject to change at Our sole discretion. Stakester does not store your card details. All money transactions are handled securely by Safecharge: www.safecharge.com Stakester and its merchant are located within the UK and EU.You must be at least 18 years old to use the Service. If You proceed whilst being under this age the payment provider reserves the right not to process Your payment.

Prize collection
Prizes are awarded following successful conclusion of Our competition. Stakestars (in varying amounts) will be awarded to everyone in the competition. Stakestars can be traded for prizes. The winner will also get a cash prize. This will be shown as Stakestar Dollars which can be withdrawn from the Service Website or App as cash via Safecharge. Cash can only be withdrawn once a month for free, at a minimum amount of $10. More frequent withdrawals or below this amount will result in You being charged the card processing fee.

Taxes
You are responsible for paying all taxes on any prizes You win, in Your jurisdiction. 

StakeStars
StakeStars are another way to get great prizes. StakeStars:(a) Are awarded (at varying levels) to all parties in the competition; (b) Do not hold monetary value;(c) Can be collected and then used to trade for prizes. The prizes we provide and how to claim are listed on the Service, Website or App, but are subject to change at Our sole discretion. 

The competition and Rules

eSports
You are responsible for ensuring that You have a secure connection and that all of Your equipment is fully functioning before and during Your competition. If You disconnect You may lose the competition and no refund will be offered. 

Sports
The Rules are clearly laid out before You enter the competition. You are responsible for ensuring that all equipment and / or services are of equal standard before You commence the competition. If You end the competition because of faulty equipment / issues with surfaces You may lose the competition and no refund will be offered.

Match-ups
Where You enter an ‘arena’ or tournament competition You will be matched with other players from Across the world. We will seek to match You with a similarly skilled player based on any data available to Us about You and any Opponent. Match-ups are chosen at Our sole discretion without any obligation to You. Match-ups are final once You enter the competition. You are not permitted to dispute the competition based on an Opponent’s superior level of skill. 

Playing a game
The Service is designed to be straight-forward and both the Rules and a help function are clearly labelled. You are responsible for ensuring you are familiar with how the Service works before you enter the competition. We will not offer refunds because You did not understand the Rules or the Service.

The competition
Our Service provides a competition where You play Your favourite Games. By using the Service You confirm and acknowledge that:(a) You will comply with the Rules; (b) Only the Rules will be used for each Game; (c) You are entering a non-refundable competition;(d) At all times We control the competition which we may cancel in full (void) or part (cancel) on the terms below. 

Deciding the winner of a competition 
We will determine the winner of any competition following Your adherence to the Rules. Our determination is final.

Canceling or voiding the competition
Cancellation or voiding of the competition may take place at Our sole discretion and without any obligation to You. Without limitation, circumstances may include: (a) You break the Rules;(b) An Opponent breaks the Rules; (c) You or an Opponent are unable to complete the skill element to the competition (including due to a disconnection from the Game or the Service).In each circumstance the decision as to whether to cancel refund or void the competition will be at Our sole discretion. 

Disputes over the competition
In the event that You and Your opponent submit different results We may decide to review the result of the competition before determining a winner. We will review any evidence submitted by either party in support of their claim to any win, together with any data which we hold, to determine the winner. We may decide:(a) To void the competition. All fees are returned to both parties;(b) To cancel the competition. Entry fees are returned to both parties but the transaction fees are withheld;(c) To award the win to a specific party.Our determination is final.

Legal 

Age
You are only permitted to use the Service if You are over 18 years old.

Verification
You will provide Us, on request, with details required to verify Your age, identity, and address. This may include requests for a passport / driving licence / state ID card, recent bank statement or utility bill, or such other information as We require to comply with legal requirements and / or payment provider checks and / or to ensure compliance with these Terms.

Relationship between You and Us
You confirm that you are acting on Your own behalf and not for the benefit of any other person. Your relationship to Us is that of an independent contractor, and neither party is an agent or partner of the other.  

‍Entire Terms
These Terms constitute the entire agreement between You and Us regarding the use of the Service, Website and App.

Term and Termination
The effective date of the Terms and Privacy notice are clearly posted below the title and take effect from the stated date. Subject to this section, these Terms will remain in full force and effect while you use the Service, Website or App.  We may suspend or terminate Your rights to use the Service, Website or App (including your account) at any time for any reason at Our sole discretion, including for any use of the Service, Website or App in violation of these Terms.  Upon termination of Your rights under these Terms, Your account and right to access and use the Service, Website or App will terminate immediately.  You understand that any termination of Your account may involve deletion of Your User Content associated with Your account from Our live databases. We will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your account or deletion of Your User Content.  Even after your rights under these Terms are terminated, We will retain the rights provided to Us in these Terms will remain in full effect.

Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England and Wales.The parties irrevocably agree that the courts of the laws of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

Severability
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, and where possible to show the original intention of the parties.

‍Limitation on Liability
To the maximum extent permitted by law, and subject to the final paragraph in this section, in no event shall We (or Our suppliers) be liable to You or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or Your use of, or inability to use, the Service, Website or App, even if We have been advised of the possibility of such damages.  Access to, and use of, the Service, Website or App is at Your own discretion and risk, and You will be solely responsible for any damage to Your device or computer system, or loss of data resulting therefrom.  To the maximum extent permitted by law, and subject to the final paragraph in this section, our liability to You for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty pounds sterling (GBP 50). The existence of more than one claim will not enlarge this limit.  You agree that Our suppliers will have no liability of any kind arising from or relating to these Terms. The exclusions in this section shall apply to the maximum extent permitted by law, but We do not exclude liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.

Release
Subject to applicable law, You hereby release and forever discharge Us  (and Our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, Website or App (including any interactions with, or act or omission of, other Service, Website or App users or any Third-Party Links & Ads).  Indemnification.   You agree to indemnify Us (and Our directors, officers, employees, and agents), including costs and lawyer’s or attorneys’ fees, from any claim or demand made by any third party due to or arising out of:(a) Your use of the Service, Website or App;(b) Your violation of these Terms;(c) Your violation of applicable laws or regulations, or;(d) Your User Content. We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defence of these claims.  You agree not to settle any matter without Our  prior written consent.  We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

‍Waiver 
A waiver by Us of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Our company and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy.  No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.‍Disclaimers The Service, Website or App is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, We (and Our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We (and Our suppliers) make no warranty that the Service, Website or App  will meet Your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

Assignment 
These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  We may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Headings and Interpretation 
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  

Skill based competitions
The Service is not gaming or gambling. As You will already know – gambling is stupid! The competition which we facilitate is based solely on games of skill. We have done Our best to ensure that the Service is legal in the country or state (within the US) where we offer it to You. Notwithstanding, it is Your responsibility to ensure that skills based competitions are legal in the jurisdiction where You are, and that it remains so if You change Your location. By using the Service You represent and warrant to Us that skills based competitions are legal where You are located. You must not use Your payment card or account in any jurisdiction where the law prevents you from using the Service. Stakester reserves the right to restrict the Service in any jurisdiction from time to time as it sees fit.

Copyright/Trademark Information
Copyright © 2019 Stakester. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service, Website or App are Our property or the property of other third parties. You are not permitted to use these Marks without Our prior written consent or the consent of such third party which may own the Marks.

Affiliation and third parties

Affiliation and third party rights 
Stakester is not endorsed by, directly affiliated with, maintained or sponsored by Activision Blizzard / Blizard Entertainment, Apple Inc, Capcom, Dimps, Electronic Arts / EA Sports, Google LLC, Microsoft Corporation, Playstation, Psyonix, Riot Games, Sony Corporation / Sony Interactive Entertainment, Steam, Valve Corporation, Xbox, any game manufacturer, any sports equipment manufacturer, any sports venues or manufacturer of the prizes or any Devices. All content, games titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.

Third-Party Links & Ads 
The Service, Website or App may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under Our control, and We are  not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to You, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at Your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Definitions
“App” means the app through iOS or Android or Progressive Web App owned and operated by Stakester “Device” means phone, tablet, computer or any other device capable of receiving content or installing the Service, Website or App“Game” means each of the video games (‘eSport’) and sports (‘Sport’) facilitated by the Service “Opponent” means another user using the Service at the same time as You “Privacy Notice” means the privacy notice displayed on Our Service Website or App as updated from time to time“Rules” means the rules for each of the Games together with the steps taken to show your result set out in our Service, Website or App“Service” means the skills based competition service provided by Stakester to You including but not limited to via the Website or App“Terms” means these Terms of Service, together with Our Privacy Notice“User Content” means any and all information and content that You submit to, or use with, the Service, Website or App  (e.g., content in the user’s profile or postings).  “We / Us / Our / Stakester” means Stakester Limited (incorporating Stakester Inc)“Website” means this website www.stakester.com owned and operated by Us“You / Your / Yours / Customer” means you, being any person or person who is reading accessing or using Our Service, Website or App