Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
These terms and conditions (Terms) contain important information including details of how our Services (as defined below) should be used, our liability to you and what you should do if you have concerns with these Terms or our Services or if you wish to cancel your use of our Services.
If you do not agree to these Terms you should not use or access our Services.
STAKESTER IS NOT ENDORSED, SANCTIONED OR IN ANY OTHER WAY ASSOCIATED, DIRECTLY OR INDIRECTLY, WITH ANY GAME PUBLISHER, ITS GAMES, GAMES SERIES OR ITS GROUP COMPANIES.
Who we are and what these Terms do
1.1. We are Stakester Ltd (Stakester, we, us or our), a company incorporated in England with company registration number 11876982 and whose registered office address is Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX. We have created an app that connects players who want play their favourite games for money and prizes (App).
1.2. These Terms govern your access and use of the App, including any content, functionality, products and services offered on through the App (collectively the Services). We may, from time to time, provide detailed technical and operational information and requirements which will also apply to and govern your access and use of the Services. This information may be given to you in writing or electronically, including by email or in the form of FAQs (or similar) published on the App and/or our website.
1.3. Our website is at https://www.stakester.com/ (Site).
1.4. If you have any questions related to the Services please contact us by email at email@example.com.
1.5. If you wish to contact us regarding these Terms or if these Terms require you to give us a legal notice in writing please contact us by email at firstname.lastname@example.org.
By creating an Account you accept these Terms
Access to the Service
2.1. In order to use the Services, you must register and create a Stakester account (Account). If you require further assistance completing registration, please contact us.
2.2. By registering and creating an Account with us you agree that you have read, understood and agreed to be bound by:
2.2.1. these Terms;
2.2.2. our Acceptable Use Policy
2.2.5. the rules applicable to each of our gaming products (Gaming Rules);
2.2.6. clauses 6.8.3 and 10 (Errors and omissions); and
2.2.7. any further terms that we bring to your attention when using our App, including but not limited to the terms applicable to specific games.
2.3. You might decide to engage with the Stakester VIP Cheat Codes project. If you choose to do so, please read its Terms of Service carefully which is available under the VIP website.
Restrictions on your use of the Services
2.3. The following restrictions apply to the use of the Services:
2.3.1. you must not register or access or use the App if you are under 18 years old;
2.3.2. you must not allow anyone under 18 years old to access or use your Account or allow such persons to play games which are linked to your Account;
2.3.3. you must reside in one of the eligible countries in order to use the App. Full details of the eligible countries can be found here
2.3.4. you must register for only one Account. If you cannot access your Account and you create a new one, you will be in breach of these Terms;
2.3.5. you must not (or attempt to) share, purchase, sell, rent or give away your Account, create an Account using a false identity or information or create an Account on behalf of someone other than yourself. Each Account is strictly personal and cannot be shared with other users and/or other individuals that do not have an Account;
2.3.6. except as expressly authorised by Stakester in writing, officers, directors, managers, employees of Stakester and their household, and each of its subsidiaries, related companies and affiliates (including game publishers and their household), may not use the App or the Services;
2.3.7. except as expressly authorised by Stakester in writing, only one Account is allowed per household. In other words, if you have registered and created an Account, anyone living in the same household as you is not eligible to register and create an Account unless approved by Stakester in writing;
2.3.8. you must not use the Services (or any part of them) if your Account has previously been removed or deleted by Stakester;
2.3.9. you must not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services, whether in whole or in part, any content displayed on the App;
2.3.10. you must not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App;
2.3.11. you must not access the App in order to build a similar or competitive website, product or service;
2.3.12. you must not breach any of these Terms or our Acceptable Use Policy; and
2.3.13. except as expressly stated in these Terms, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
2.4. Unless otherwise indicated, any future release, update or other addition to functionality or content of the App or Services will be subject to these Terms. All copyright and other proprietary notices on the App or as part of the Services (or on any content displayed on the App or as part of the Services) must be retained on all copies thereof.
3.1. In order to create an Account, we will ask you for information including:
3.1.1. your full name and date of birth;
3.1.2. an up-to-date and correct email address;
3.1.3. your permanent address; and
3.1.4. a valid bank account and/or card details that match your name and address.
3.2. We may undertake checks to ensure that you are eligible to open and keep an Account with us, including verifying the name, address and date of birth provided by you and any changes that you make to these from time to time. These checks may require you to disclose certain documents to us and these may include any of the following (or similar):
3.2.1. in date passport;
3.2.2. in date full driving licence;
3.2.3. in date national identity card;
3.2.4. marriage certificate or civil partnership certificate;
3.2.5. utility bill (from the last three months);
3.2.6. bank statement (from the last three months); and
3.2.7. a photograph of you holding your passport, driving licence and/or national identity card open at the relevant page containing your details and photograph.
3.3. We are under no obligation to check that any instruction or confirmation made by you through the App is from you. We provide the App to you on the basis of the information you provide to us.
3.4. If you provide false or misleading information we reserve the right to suspend or withdraw your Account. Stakester assumes no liability for any loss or damage incurred by you arising from inaccurate, false or incomplete information provided by you.
3.5. We may class any other Accounts which you open with us, or which are beneficially owned by you in relation to accessing the App, as “Duplicate Accounts“. We reserve the right to suspend or withdraw any Duplicate Account. We may also choose to link or merge Duplicate Accounts together
3.6. You acknowledge that any information you share (including your user name, game tag/IDs and or photos) are considered to be a public profile which may be used by Stakester to advertise or promote our Services, games, competitions, wins and losses on our Site or App and/or social media and/or other marketing platforms.
3.7. Despite anything to the contrary that might be contained in these Terms, Stakester has, in its sole and absolute discretion, the right to determine the eligibility of any and all App users.
3.8. You acknowledge that any eligibility determination of Stakester is final, and that your eligibility status may change at any time.
Maintaining your Account
4.1. You are responsible for ensuring that:
4.1.1. you are the only person who uses the App installed on your device – you must not authorise anyone else to use the App installed on your device, as it is unique to you and to your use of the Services;
4.1.2. your Account password and passcode (if applicable) are kept secure;
4.1.3. the information you have provided to us is updated if your details change – for example, it is essential that you update your email address if it changes in order to continue to use the Services; and
4.1.4. you are able to access any emails and communications that we send to you using the details that you provide to us. It may be necessary for you to check your email “junk mail” folders and to make changes to your email filter settings to ensure that our emails are received directly into your inbox.
4.2. You must notify us immediately (an Account Suspension Notification) if the security of your device and/or your Account information is compromised due to:
4.2.1. your device being lost or stolen;
4.2.2. your Account password and/or passcode (if applicable) becoming or likely to become known by another person; or
4.2.3. unauthorised access to your device and/or your Account.
4.3. You acknowledge that we will not have any obligation to notify your bank of fraudulent or unauthorised charge activity or to take any action on your behalf. However, we may disclose your information where we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property or safety of the App, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
4.4. You will not be liable for any unauthorised transactions made after receipt by us of an Account Suspension Notification, but we will not be liable for any transactions using your Account until the receipt by us of an Account Suspension Notification. We are liable following our receipt of an Account Suspension Notification from you for any loss or damage arising directly from your failure to keep your password and/or passcode (if applicable) secure in respect to any unauthorised transactions made.
Using the Services
5.1. To use the App, you must have an internet-enabled, eligible device which is connected to the internet and which uses a software version that supports the App. Please see our website for the relevant technical details.
5.2. You may incur, and are solely responsible for any costs or taxes associated with your access and use of the App, including but not limited to charges from your broadband or device network operator for downloading and using the App or equipment charges or costs.
5.3. Subject to your compliance with these Terms you may:
5.3.1. download or stream a copy of the App onto one device and view, use and display the App and the Services on such device for your personal use only;
5.3.2. make up to one copy of the App for back-up purposes only; and
5.3.3. receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
5.4. If you download or stream the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the other device.
Availability of the Services
5.5. Some or all of the Services may not be available to you, depending upon your age, location, device, communication environment or other factors. Stakester will not be liable if for any reason any or all of the Services is/are not available to you.
5.6. If you change your country registration within the App, you must agree to the terms and conditions applicable to your newly-registered country. Certain Services may vary by country, and a change to the registered country may impact the availability of any or all Services within the App or eliminate rights that you possessed under your prior country registration. Stakester assumes no liability for any loss or damage incurred by you in connection with any change to your country registration.
6.1. Before accessing or using the Services, you should ensure that:
6.1.1.you have read the specific Gaming Rules;
6.1.2. you have a secure connection and that all of your equipment is fully functioning if you are competing online; and
6.1.3. all the equipment and/or services are of equal standard before you commence the game, competition or tournament (each a Competition, and together the Competitions) if you are competing in a real life sports event.
6.2.You are responsible for ensuring you are familiar with how the Services work before you enter a Competition. We will not offer refunds because you did not understand the Gaming Rules. If you do not agree to any of the Gaming Rules you should not enter or access the Competition in question.
6.3. Where you enter a Competition, you may be matched with other players from across the world. We will try to match you with a similarly skilled player based on any data available to us about you and any opponent. We will determine at our sole discretion, who your opponent will be. Our decisions are deemed final once you enter the Competition. You are not permitted to dispute the Competition based on an opponent’s perceived superior level of skill or based on a match we have made.
Deciding the winner of a Competition
6.4. You and your opponent must submit the results of your Competition within 1 hour of its completion. Failure to report the Competition results on time may result in a forfeit.
6.5. If you are competing online, both you and your opponent should submit a screenshot(s) of the Competition results. Screenshots should be of the entire screen and clearly show the score, both players’ names and a time stamp.
6.6. If 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 each party in support of their claim to any win, together with any data which we hold, to determine the winner. We may decide to:
6.6.1. void or cancel the Competition, in which case entry fees will be returned to both parties but the transaction fees will be withheld;
6.6.2. award the win to a specific party.
6.7. If you quit or leave a Competition before you have submitted a result, we reserve the right to:
6.7.1. determine the score and the results of the Competition based on the last score available to us; and
6.7.2. retain the entry fees and transaction fees associated with the Competition.
6.8. We will determine the winner of any Competition following your adherence to the Gaming Rules. Our decision is final.
Cancelling or voiding a Competition
6.9. We may cancel or void any Competition at our sole discretion and without any obligation to you. Without limitation, circumstances where we may do this include:
6.9.1. you break the Gaming Rules;
6.9.2. your opponent breaks the Gaming Rules;
6.9.3. you, or any other user, are wrongly determined to be the winner of a Competition for any reason, including but not limited to software errors;
6.9.4. you or your opponent are unable to complete the skill element to the Competition;
6.9.5. you disconnect from the Competition after it has started;
6.9.6. you breach the Acceptable Use Policy; or
6.9.7. you end the Competition because of faulty equipment or issues with the playing surface.
6.10. In each circumstance the decision as to whether to refund you and/or void the Competition will be at our sole discretion. Our decision is final.
Disputes over a Competition
6.11. You are solely responsible for your interactions with other users of the App and any other parties with whom you interact through the Services.
6.12. If you would like to dispute the results of a Competition, you must notify Stakester via Intercom only. Disputes cannot be raised using any other platform. You must submit any evidence, including videos and screenshots to support your claim within 24 hours of the Competition ending.
6.13. We will seek to resolve the dispute raised via Intercom within 3 working days. Stakester reserves the right to reject the dispute, void the Competition and block your Account at any time.
6.14. In the event of a dispute with one or more users, you release Stakester (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
6.15. If you abuse or manipulate our dispute system, including but not limited to submitting unsubstantiated claims, Stakester reserves the right to deny you access to the App or any future Competition.
Gems and Prizes
7.1. Stakester may enable users to use fictional gems as a medium of exchange exclusively within the App (Gems). Gems can be used to acquire/redeem goods or services (Prizes) provided by a participating business which has agreed to provide Prizes (Suppliers). Prizes can be acquired/redeemed from the prize store in the App (Prize Store). Gems have no cash value.
7.2. Prizes may be subject to specific additional terms and Stakester has 30 days from the day you redeemed Gems to action the purchase. Suppliers may change from time to time – an up to date list of the current Suppliers is available from us at any time.
7.3. All Prizes are subject to availability. You can claim only one of each Prize per month and any additional terms on which Prizes may be acquired/redeemed are contained in the Terms and Conditions of Redemption applicable to a specific Prize.
7.4. Following the acquisition of a Prize from us, the redemption of that Prize is made directly with the Supplier and we have no responsibility or liability for the delivery, standard, quality or otherwise of any goods and services received or supplied or the failure of a Supplier to honour a redemption or make a specific Prize available.
7.5. Gems will be awarded by Stakester to you upon the completion of certain actions within the App or external to the App. These actions and the number of Gems that may be awarded may change from time to time at our sole discretion. The App will display up to date details of the Gems available upon the completion of certain actions. There might be a time delay between your qualifying act and us awarding the Gems. If we suspect fraud or misconduct, we may prevent or reverse the award of Gems.
7.6. Gems will expire and be lost if:
7.6.1. you delete your Account;
7.6.2. you have not earned or redeemed any Gems for a period of 12 months; or
7.6.3. the Prize Store is suspended or terminated.
7.7. Where Gems are redeemed for a voucher, the voucher will have an expiry date specified on it. If you do not use your voucher by the expiry date, it will expire and we will not issue you with another voucher. We will only issue a voucher to the email address associated with your Account.
7.8. Where Gems are redeemed for a physical item, you may need to provide certain information so that the physical item can be supplied to you, including but not limited to your address. If you do not provide us with all the required information when you purchase or redeem your Prize, we will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may cancel the transaction (and clause 7.9 will apply). Neither Stakester nor the Supplier will be responsible for supplying the physical items late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9. Redeemed Gems cannot be used again. If a transaction on which Gems were issued or redeemed is cancelled, reversed or not completed, we will reverse the associated Gems movement.
7.10. An up to date record of the Gems you have acquired and redeemed will be kept in your Account. We will correct or adjust the Prizes associated with your Account if we are shown to our reasonable satisfaction to be wrong in our records, but all such corrections or adjustments remain at our sole discretion.
7.11. Gems are personal to your Account and cannot be transferred. Gems can be collected, held or redeemed only as set out in these Terms. Any other use, award, sale, exchange or transfer of Gems, or any attempt to do so, is a serious breach of these Terms. Any Gems not collected and held in accordance with these Terms will be invalid and cannot be redeemed for Prizes. Any such Gems on an Account will be deducted and, if they are redeemed, we will ask the Supplier to cancel the relevant Prizes and we may take additional action.
7.12. Except as otherwise permitted by Stakester, Gems are licensed only to the person who earned them. If you use the App on multiple devices that work on different operating systems (OS), it may not be possible for the Gems awarded through the App on one OS to be used in the App on a different OS. Stakester will not be liable for any loss or damages suffered by you as a result of such incompatibility.
7.13. You are responsible for the security of your Account and the Prizes issued in relation to that Account. If you think that an unauthorised person has become aware of any security code, password or other security details relating to your Account, you should contact us immediately. Prizes and vouchers should be treated like cash. We are not responsible for any unauthorised use of Gems or any lost or stolen Prizes or vouchers.
7.14. We may immediately suspend or terminate your rights and/or close your Account if we reasonably believe you have acquired or otherwise dealt with Gems in a manner not permitted in these Terms or if you supply false or misleading information to us (including electronic information submitted via our App or our API). If your Account is closed, all rights to redeem Gems from that Account are terminated and we will instruct our Suppliers to cancel any Prizes acquired from that Account.
7.15. We may suspend or terminate the Gems programme and, if we do so, all Prizes will be suspended or terminated without compensation.
Prize restrictions and delivery
8.1. ALL PURCHASES AND REDEMPTIONS OF PRIZES MADE THROUGH THE APP OR THE SERVICES ARE FINAL AND NON-REFUNDABLE.
8.2. All prizes are non-transferable and non-assignable and no substitutions or cash redemptions are available except at Stakester’s sole discretion or as otherwise provided in these Terms. Stakester will not replace any lost or stolen prizes. In the case of unavailability of any Prize, Stakester reserves the right to substitute a prize of equal or greater value.
8.3. Stakester will deliver Prizes only to countries in which it operates. For Prizes that are:
8.3.1. delivered to a destination in the UK Stakester will pay the shipping costs;
8.3.2. delivered to a destination outside of the UK, Stakester will pay the shipping costs excluding any international fees or import duties, tariffs or similar fees that may be imposed by the delivery destination (Import Charges). These Import Charges must be paid by the recipient of the parcel.
8.4. You acknowledge and agree that if you place an order for delivery of a Prize outside of the UK, you will be fully responsible for paying all applicable Import Charges directly to the relevant authority (and for reclaiming them in the event of a cancellation or return or a return of such goods, if permitted in these Terms) as determined by the authorities of the delivery destination, and we will have no responsibility or liability in connection with the foregoing.
8.5. Unfortunately, we have no control over Import Charges, and do not calculate these costs upfront as customs policies and import duties vary widely. You should get in touch with your local customs office for current charges before you place your order that so you will not be surprised by the extra costs that will be added.
8.6. If you fail to pay Import Charges without reasonable cause, causing the liability to fall on us or the Supplier, in each case resulting in the goods being returned or needing to be returned, then you will be liable for the return delivery costs, as well as any residual Import Charges.
9.1. Stakester may enable users to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable right to use a virtual currency (Stakester Dollars) exclusively within the App. Stakester Dollars can be used as a medium of exchange exclusively within the App.
9.2. In addition to checking your age and identity when you open an Account with us or change any of your details, and as part of our continuing compliance with anti-money laundering regulations, we may at any time ask you to verify your age, identity, and address as well as to provide proof of ownership of any payment methods used to deposit or withdraw funds from your Account. This may include requests for a passport, driving licence, recent bank statement or utility bill, or such other information as we require to comply with legal requirements, payment provider checks and/or to ensure compliance with these Terms. Where we are unable to verify any of these details, your Account will be suspended until satisfactory proof is provided. This will mean that your Account will be frozen, you will not be able to use the App and, if we cannot verify any of these details, then any Stakester Dollars you have purchased will be returned to you, without any winnings you may have made prior to such suspension.
9.3. It is unlawful to purchase, or attempt to purchase, Stakester Dollars with funds which have been obtained from criminal, illegal or fraudulent activities.
9.4. We will monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the appropriate regulator, and we may also report such activity to the police, National Crime Agency or relevant authorities. We have no obligation to inform you before we make such a report and may be legally required not to.
9.5. If we reasonably believe that you have used your Account and/or the App and/or the Services in a fraudulent manner or for illegal and/or unlawful or improper purposes, including but not limited to money laundering, we may also share and report your information with:
9.5.1. credit reference and fraud prevention agencies;
9.5.2. any third party in the context of actual or threatened legal proceedings, provided we can do so lawfully (for example in response to a court order);
9.5.3. third party payments providers to carry out data analysis including the number of visits to our App, when such visits are made, from which region and through which channel (if not a direct visit);
9.5.4. other parties and/or their professional advisers involved in a matter where required; and
9.5.5. our own professional advisers and auditors for the purpose of seeking professional advice or to meet our audit responsibilities.
Purchase and withdrawal
9.6. The minimum amount of Stakester Dollars you can purchase is $5 (or the equivalent of another currency accepted by us) and you can only use up to the level of Stakester Dollars in your Account. Please note that interest is not paid on any Stakester Dollars in your Account.
9.7. All transactions relating to the purchase or withdrawal of Stakester Dollars will be handled securely by our payment and gateway providers, as specified by us from time to time, in accordance with our accepted payment methods. Any payment methods available to you, based on your location, will be displayed in the App from time to time..
9.8. If you are under the age of 18 years old and you have purchased Stakester Dollars (or we have reason to believe that under the age of 18), we will close your Account and refund you any Stakester Dollars you have purchased, without any winnings you may have made prior to such termination.
9.9. The payment method used by you must belong and/or be registered to you personally (i.e. in the name you have registered with). We reserve the right to close your Account should we become aware or have reason to believe that you are using another person’s (including a business) payment method and to notify the relevant authorities with details of our investigation.
9.10. If any sum is incorrectly credited to your Account, please notify us as soon as possible so that we can correct the error. Any Stakester Dollars subsequently used in the App (i.e. after the incorrect credit) may be cancelled by us and we will be entitled to make appropriate adjustments to your Account. Where there is an incorrect credit to your Account and you withdraw this amount without telling us of the error, you will be responsible for repayment of such amount on demand from us.
9.11. You may withdraw your Stakester Dollars from your Account at any time (except where we are required for legal or regulatory reasons to not permit withdrawals – for example, for anti-money laundering or fraud prevention obligations or where an error has occurred) however you may be charged a withdrawal fee. We have a daily withdrawal request limit of $150 (or other currency equivalent) and do not restrict the number of valid withdrawal requests that can be made. If you wish to withdraw more than $150, we may require you to provide additional documentation to verify your identity. Please contact us by email at email@example.com for more details.
9.12. Upon requesting a withdrawal, we will display the available withdrawal options and the withdrawal fee.
9.13. Where the payment methods you have used are no longer valid or available, we will request such additional documentation from you to prove your identity and verify any alternative payment method that you may propose we use. We may also require you to make a minimum deposit using that alternative payment method (to verify it) before we will allow you to use such payment method to withdraw funds from your Account (including the deposit you have just made, if requested).
9.14. The minimum withdrawal amount is $5.
9.15. Please note that we reserve the right to process multiple withdrawals, via the same method on the same day, as one single transaction on that day.
9.16. You agree that you will not operate your Account like a bank account (i.e. depositing and withdrawing amounts without commensurate gaming activity).
9.17. You are fully responsible for all taxes, fees and other costs incidental to and arising from your use of the Services. We do not provide any accounting and/or financial support.
Closing your Account and forfeiture of Stakester Dollars
9.18. If you close your Account, all Stakester Dollars in your Account will be returned subject to these Terms. For the avoidance of doubt, you may be charged a withdrawal fee. If your Account is unilaterally closed or terminated for any reason, any Stakester Dollars in your Account may be forfeited and not returned to you. If your Stakester Dollars are forfeited by you in accordance with these Terms, we reserve the right to use the Stakester Dollars to cover the costs of administration and enforcement of these Terms, allocate or disburse such amounts to other Services or donate those funds.
Errors or Omissions
10.1. While we try our best to avoid them, we very occasionally have errors or glitches in the software or hardware used by us to provide our Services or App (Errors).
10.2. Where an Error occurs, we will take reasonable steps to remedy the problem as soon as practicable. For example, where an Error causes a Competition to be interrupted in circumstances where it cannot be restarted from exactly the same position (without detriment to you or other users) we will take reasonable steps to treat you in a fair manner, which may include returning the Competition to the position logged on our server immediately prior to the Error occurring.
10.3. If we are unable to deal with the Error to our satisfaction, we reserve the right to void any Competition which is subject to an Error, and cancel all associated game play.
10.4. In each circumstance where an Error has occurred, the decision as to whether to refund you and/or void the Competition will be at our sole discretion. Our decision is final.
10.5. Any amount of Stakester Dollars and/or Gems which are credited to your Account as a result of an Error will be deemed, pending resolution, to be held by you on trust for us and must be immediately repaid to us when a demand for payment is made by us to you.
10.6. We reserve the right to cancel any Stakester Dollars and/or Gems you have used in the App which have been credited to your Account or awarded to you as a result of an Error, and we will be entitled to make appropriate adjustments to your Account.
User generated content
11.1. The App may contain various forums, networks, and other interactive features that allow users to post, submit, publish, display or transmit (Post) to Stakester and other users content or materials (User Content).
11.2. 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 must not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Stakester. You understand that your User Content may be copied by other App users and discussed on and outside of the App and, if you do not have the right to submit User Content for such use, Posting it may subject you to liability.
11.3. User Content that you Post, send or otherwise make available through the App must comply with our Acceptable Use Policy.
11.4. Any User Content that you Post will be considered to be non-confidential and non-proprietary, and you grant Stakester a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, exploit, translate, create derivative works from, distribute and display such User Content in whole or in part, and to incorporate your User Content throughout the world in any form, media or technology now known or later developed, including for promotional or marketing purposes, without any payment to you and without limitation of copies. You acknowledge that your User Content may be viewed, reproduced, published and/or modified by Stakester or third parties.
11.5. You represent and warrant that:
11.5.1. you own or otherwise control all of the rights to the User Content that you Post at the time of Posting;
11.5.2. the User Content is accurate and not fraudulent or deceptive;
11.5.3. the User Content does not violate these Terms or the Acceptable Use Policy; and
11.5.4. the User Content does not infringe the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity.
11.6. Stakester takes no responsibility and assumes no liability for any content Posted by you or any third party. We make no guarantees regarding the accuracy, currency, suitability or quality of any User Content. Your interactions with other App users (including any opponent) are solely between you and such users. You agree that Stakester 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 App user (including any opponent), we are under no obligation to become involved.
11.7. Stakester has the right but not the obligation to monitor and edit or remove any User Content (or parts of it). Stakester also has the right to terminate your access to all or part of the App for any or no reason, including without limitation, any breach of these Terms. Stakester may exercise these rights at any time, without notice or liability to you or any third party.
11.8. You agree to indemnify in full and hold harmless Stakester from and against any liability suffered as well as claims arising in connection with any User Content made available by you.
Intellectual property rights
12.1. We are the owner or licensee of the intellectual property rights in the App excluding the User Content but including (without limitation) any material, software, code, files, content, and images contained in or generated by the App, accompanying data, and other embedded software, including third-party software, updates and upgrades to the App whether in read-only memory, on any other media or in any other form (collectively, the Stakester Content). Any third party marks displayed in the App are owned by their respective owners. We may also use open source software code in the App.
12.2. Subject to you creating an Account and complying with the Acceptable Use Policy and these Terms, we grant you a revocable right to use the Stakester Content for your personal (non-commercial) use in accordance with these Terms. No title or any intellectual property rights are transferred to you.
12.3. You must not copy, reproduce, republish, upload, broadcast, post, transmit or distribute or otherwise deal with the Stakester Content (or permit others to do the same) except as expressly permitted by these Terms. Permission in writing for all other uses of Stakester Content must be obtained from Stakester in advance in writing.
12.4. You acknowledge that you have no rights to or in the App, and/or the Stakester Content or any other Stakester property except as indicated in these Terms. We reserve all other rights with respect to our intellectual property.
Promotional competitions & tournaments
13.1. Stakester may implement marketing and promotional competitions or tournaments in which users are offered benefits, considerations or rewards based upon the performance of specified activities, the satisfaction of specified requirements or other criteria. Any such competition or tournament, including the eligibility and selection of users, the award, compensation or other benefit to be granted to users, if any, and the duration, will be at the sole and absolute discretion of Stakester.
13.2. You do not have an automatic right or interest to participate in such competitions or tournaments or the distribution of any awards, compensation or benefits.
13.3. To the extent such competitions or tournaments may involve one or more third parties, you further expressly waive and disclaim any such right or interest against such third party. Stakester may elect in its sole and absolute discretion to contact you with regard to a competition or tournament. You hereby expressly authorise Stakester to contact you by means of the contact information you have provided to Stakester.
13.4. Additional terms and restrictions may apply to you if you choose to participate in promotional competitions or tournaments.
Stakester’s rights to modify these Terms
14.1. We are constantly trying to improve the App, so these Terms may need to change along with the App. We will provide you with at least 14 days’ notice of any changes using the contact information you have provided to Stakester, unless we reasonably believe that the change is not to your disadvantage, in which case we may give you less notice. Please check the terms published in the App and/or the Site periodically for changes.
14.2. Examples of reasons why we would need to make changes to these Terms include:
14.2.1. to reflect updates to the functionality, security or options of the Services or the App; or
14.2.2. to reflect legal or regulatory requirements that apply to us.
14.3. Your continued use of the App will confirm your acceptance of the updated Terms. If you do not accept the updated Terms you may not be permitted to continue to use the App.
14.4. If you want to end your agreement to these Terms because of one of the changes we make, you can do this without charge by contacting us.
Changes to the App and Services
15.1. We may change the format, content and/or functionality of all or any part of the App or the Services at any time without prior notice to you. If we need to undertake any maintenance activity, you may not be able to use all or part of the App or the Services while we complete this activity and we will seek to minimise any time the App and the Services are unavailable for use.
15.2. Updates to the App may be issued from time to time. Depending on the update, you may not be able to use all or part of the App or the Services until you have downloaded the latest version of the App or compatible browser software and accepted any new terms.
15.3. We are not required to provide any documentation, support, telephone assistance or enhancements or updates to the App or the Services.
15.4. We do not guarantee that you will be able to continue using the App or the Services and we may discontinue the App, the Services and/or the Site at any time at our sole discretion. We will provide you with reasonable notice of our discontinuation of the App using the contact information you have provided to Stakester. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuation of the App or any part thereof.
16.1. The communications between you and us use electronic means, whether you use the App or send us emails, or whether we post notices on the App or communicate with you via email. For contractual purposes, you:
16.1.1. consent to receive communications from us in an electronic form; and
16.1.2. 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 in a hardcopy writing.
If you provide us with any feedback or suggestions regarding the Service or App (Feedback), you hereby assign to Stakester all rights in such Feedback and agree that we will have the right to use and fully exploit such Feedback and related information in any manner we deem 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.
Termination and/or suspension
18.1. These Terms have no fixed term. This means our agreement with you will continue until you or we decide to cancel your Account.
18.2. We may immediately suspend or end your access to your Account and/or the App and/or the Services and, if necessary, terminate these Terms for any of the reasons below:
18.2.1. if you breach these Terms;
18.2.2. if you breach the Acceptable Use Policy;
18.2.3. if you are abusive or offensive to any member of our staff;
18.2.4. if you have acted fraudulently;
18.2.5. if your Account has been inactive for 180 days;
18.2.6. if you become bankrupt (or enter into a voluntary arrangement with your creditors) or if we believe this is likely to happen.
18.3. If we suspend or end your access to your Account and/or the App and/or the Services for any of the reasons set out in clause 2 above, you may be unable to deposit or withdraw any Stakester Dollars in/from your Account.
18.4. If you have breached these Terms or our Acceptable Use Policy we may take steps including:
18.4.1. contacting you to notify you;
18.4.2. taking legal action against you; and/or
18.4.3. disclosing information to law enforcement or regulatory authorities as necessary for us to comply with our statutory or regulatory obligations.
18.5. If we reasonably believe that you have infringed any intellectual property in connection with the App, and/or the Site or that there is a security risk to our network or systems or that you are in breach of another agreement with us, we may also immediately suspend or end your access to your Account and/or the App and/or the Services and, if necessary, terminate these Terms.
18.6. You can delete the App from your device at any time. Please note that deleting the App will not close your Account or delete your Account data. In order to cancel your Account and permanently delete your Account data you must request cancellation of your Account and permanent deletion by email through our email address described in our Contact Details.
18.7. We may cancel your Account immediately for any of the reasons below:
18.7.1. if you breach these Terms;
18.7.2. if you breach the Acceptable Use Policy;
18.7.3. if you are abusive or offensive to any member of our staff;
18.7.4. if you have acted fraudulently;
18.7.5. if you become bankrupt (or enter into a voluntary arrangement with your creditors) or if we believe this is likely to happen.
18.8. If we close your Account for any of the reasons set out in clause 18.7 above, then we reserve the right to:
18.8.1. decide that any Stakester Dollars in your Account will be forfeited by you; and
18.8.2. use the Stakester Dollars forfeited by you to cover the costs of administration and enforcement of these Terms, including but limited to:
184.108.40.206. recovering any processing or withdrawal fees owed by you; and
220.127.116.11. recovering any other amount found due and owing from you from any of your Accounts (including any Duplicate Account);
18.104.22.168. allocate or disburse such amounts to other Services or donate those funds.
18.9. You understand that any termination of your Account may involve deletion of any 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.
Our liability to you
19.1. Nothing in these Terms will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
19.2. We are providing the App and Services to you ‘as is’ and ‘as available’ and we accept no responsibility for their usage, security, reliability, performance or any reliance placed on their content. Please note our policy in clause 10 (Errors or omissions) above.
19.3. To the maximum extent permitted by 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 with respect to the App. We (and our suppliers) make no warranty that the Services, Site or App (or any part of them) 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.
19.4. Except for any legal responsibility that we cannot exclude in law, we will not be legally responsible for any loss or damage you suffer arising from:
19.4.1. any damage or alteration to your equipment, including your device as a result of the installation or use of the App;
19.4.2. suspension or loss of access to the App or any functionality;
19.4.3. unauthorised use or misuse of the App for any reason where we have not received an Account Suspension Notification from you;
19.4.4. unauthorised access to your Account, your device and/or the App installed on your device or any information provided to us, including payment information;
19.4.5. any damage or alteration to your equipment, including your device as a result of use of the App.
19.5. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during your registration or application process (as applicable).
19.6. The paragraphs above set out our liability when supplying the App for domestic/personal use. If you use the App for commercial or business purposes then, in addition to those paragraphs:
19.6.1. our aggregate liability to you under these Terms will not exceed £100; and
19.6.2. we will have no liability to you for (1) loss of profits; (2) loss of sales or loss of revenue; (3) loss of business; (4) business interruption; (5) loss of anticipated savings; (6) loss of business opportunity; (7) loss of goodwill or damage to reputation; or (8) any indirect or consequential loss or damage.
Your liability to us
20.1. You agree to indemnify us (and our directors, officers, employees, and agents), including costs and legal fees, from any claim or demand made by any third party due to or arising out of:
20.1.1. your use of the Services and/or the App;
20.1.2. your violation of these Terms; or
20.1.3. your violation of applicable laws or regulations.
20.2. 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.
Affiliation and third parties
21.1. Stakester is not endorsed by, directly affiliated with, maintained or sponsored by Activision Blizzard / Blizzard 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.
21.2 The 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.
Skill based competitions
The Services are not gaming or gambling. As you will already know – gambling is stupid! The competitions which we facilitate are based solely on games of skill. We have worked hard to ensure that the Services are legal in the country, or state (within the US), where we offer it to you. Despite this, it is your responsibility to ensure that skill based competitions are legal in the jurisdiction where you are, and that it remains so if you change your location. By using the Services you represent and warrant to us that skill-based competitions are legal where you are located. Full details of the eligible countries can be found here. You must not use your payment card or Account in any jurisdiction where the law prevents you from using the Services. Stakester reserves the right to restrict the Services (or any part of them) in any jurisdiction from time to time as it sees fit.
We may transfer these Terms to someone else
You agree that we may transfer our rights and obligations under these Terms to another organisation. We will always notify you if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may not transfer your rights and obligations under these Terms.
No rights for third parties
These Terms form a contract between you and us and these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for third parties to enforce any of these Terms.
If a court finds part of these Terms illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, that provision will be limited or removed to the minimum extent necessary and the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
These Terms are governed by the laws of England
27.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England.
27.2. The English courts will have jurisdiction over any claim arising from, or related to, these Terms or any aspect relating to the Services. If you are a consumer and you live in Scotland you can bring legal proceedings in respect of the Terms in either the Scottish or the English courts. If you are a consumer and you live in Northern Ireland you can bring legal proceedings in respect of the Terms in either the Northern Irish or the English courts. In addition, please note if you are a consumer that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.