TERMS OF USE

Estonian Esports Federation: MTÜ EESTI ARVUTISPORDI LIIT, registered in Estonia

Address: Harju maakond, Tallinn, Vesivärava tn 50, 10152, Estonia  

Reg. code: 80589159

Email: info@e-sports.ee

Tel.: +37258502080

 

This website is operated by: Aurora Gaming OÜ, registered in Estonia  

Address: Harju maakond, Tallinn, Vesivärava tn 50-201, 10152 Estonia

Reg.code: 14745198

VAT number: EE100530247

Email: info@aurora.pm       

 

Last updated: December 12, 2020

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This document is posted by MTÜ EESTI ARVUTISPORDI LIIT, a non-profit association registered under the laws of Estonia, registry code 80589159, with its registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50, 10152, Estonia, with Aurora Gaming OÜ, a company registered under the laws of Estonia with its registered office at Harju maakond, Tallinn, Vesivärava tn 50-201, 10152 Estonia, as Passport.gg provider, hereinafter named “Company”, “we”, “our” or “us”, to assist our web site users with knowing our terms of ise.

These Terms of use shall regulate relations between the Company and the User of the Website and its Services.

By accessing and using our Website, the User: 

(A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of these Terms of Use, including the Privacy Policy (accessible online at https://e-sports.ee/privacy-policy) which is hereby incorporated by reference and guarantees that he/she will observe them during the course of Website and its Services use;

(B) acknowledges and agrees that he/she has independently evaluated the desirability of Website and its Services use and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and

(C) represents and warrants that he/she is lawfully able to enter into contracts (e.g., User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of these Terms of Use with the help of his parents/legal guardians. Company recommends parents or legal guardians to monitor their children’s online activities. To protect children’s privacy, Company advises parents or legal guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. Company reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. Company reserves the right to ask for written proof of parental consent for any User or potential User of Website and its Services suspected to be a minor. In all cases, use of the Website and its Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. 

(D) represents and warrants that he/she is not accessing Website and its Services through a VPN or similar tools. 

Otherwise, use of Website and its Services is prohibited.  

Prior to use the Website/relevant Service, the User shall undertake and confirm that he/she has become familiar with the terms and conditions of the Terms of use and the agreement for the Service used thereby. 

  1. Main Terms and Definitions Used in these Terms of use

Website shall mean the aggregate of the web pages posted on the Internet and managed by the software of the Company united by the interconnect address space within the framework of the Website Services functions operated both by the Company and the Partners.

The Website homepage providing access to all the Website pages and certain Services is posted on the Internet at https://e-sports.ee/, and all its domains and subdomains. After initial registration, you can also have access to the Services via https://live.passport.gg/, https://passport.gg/, and all their domains and subdomains.

The Company is entitled to change the domain name of the Website or to use an additional domain name(s), provided that the main functionality of the Website is not materially changed. 

Services shall mean the projects, games and/or applications of the Company or the Company Partner (Service of the Partner) posted on the Website and access to which is provided through the Website, the mobile version of the Website, and certain applications or the websites of the Partners.

Website/Services Access shall mean the access to the functional options of the Website and certain Services of the Website which the User obtains after registration procedure (authorization on the Website/Service) which may be supported by Partner. The Website as well as any Website Service shall be accessed with a login and password.

Partner shall mean the individual (individual entrepreneur) or legal entity developing or operating the project, service, platform, game, tournament, competition, event and/or application (Partner Service), including World Esports Consortium (WeSCO), Esports.NGO and their affiliates as well as the partners and sponsors. Relations between the User and the Partner occurring in the course of using of the Partner Service by the User shall be subject to regulation by separate agreements.

Website/Service User (the “User“, “you”, “yours”) shall mean a person who has reached a certain age which allows, in accordance with the applicable laws, being fully liable for his/her own actions (fully capable) , or if underage, satisfies all the criteria listed herein, and having obtained the Website/Service access by registration and agreed to these Terms of use and other agreements and rules regulating the procedure for using of certain Services.

User’s Account (the “Account“) shall mean the User’s profile created when registering the User with the Website/creating the User’s accounting record, which allows the User to obtain access to the Website and/or its Service and identifies him/her as a unique User of the Website. Under a certain Service there may be required creation of a separate account. The procedure for creation thereof is regulated by the agreements for the relevant Services.

Content shall stand for the design elements, pictures, graphics, scripts, PC software (including games and applications), video, music, sounds and other objects either being the result of intellectual activity or not, the rights to which belong to the Company, Users, Partners or other persons.

Terms of use shall mean this agreement determining general terms and conditions and procedures for using of the Website/Service regulating the legal relations between the Company and the User.

The agreements regulating using of certain Services the User may obtain access to after registration on the Website shall be an integral part of the Terms of use, as well as other provisions and rules supplementing the terms and conditions hereof and/or the agreements for certain Services.

Agreements for certain Services of the Website may contain special standards which have direct effect and priority as to the common standards of the Terms of use. In case in some agreement there are no provisions fully determining (clarifying) the rights and obligations of the Parties as to using of the relevant Service, the Parties shall follow the terms and conditions hereof.

These Terms of use is a public offer of the Company intended for the User.

The current version of the Terms of use, agreements for certain Services and all other provisions and rules regulating the procedure for using of the Website/Services are placed on the Website at: https://e-sports.ee/tou, as well as on the separate pages (sections) of the relevant Services. 

  1. General Terms and Conditions of the Functioning of the Website/Service

2.1. The Company will make commercially reasonable efforts to ensure functioning of the Website/Services in a twenty-four hour mode, but shall not guarantee absence of breaks related to technical failures or scheduled maintenance. The Company shall not guarantee that the Website or any of the Services will function at any certain time in the future or that they will not stop working. The Company may at any time decide to cancel operating and maintaining the Website/Services. As we are always making the Website better for you, some of the features and services within Website/Services may be unavailable at the moment of your registration or any time later on; you will have access to such services as soon as they become available.

2.2. The Website and the Services, including the functional options, as well as all the scripts, applications, Content and design of the Website shall be provided “as is“.

2.3. The Company shall not provide any guarantees that the Website or the Services may fit or not fit for certain purposes of use. The Company may not guarantee and shall not promise any specific results of using of the Website and/or Services. The Company shall not guarantee compliance of the Content posted on the Website with the individual ideas of the User on morality and ethics.

2.4. When using the Website/Services, the User shall take preventive measures for use of Content, especially of the Content posted by the Users and other materials and information, as well as when taking certain actions, including when clicking through the links placed on the Website, and when using any files, including software to avoid negative influence on the User’s computer of malicious software, as well as unauthorized access to the Account, password attack and other negative consequences for the User.

2.5. The Website/Services may contain advertising and informational materials placed by the Company at its own discretion.

2.6. By using the Website/Services, the User confirms that his age is sufficient for such use under the applicable laws and/or he has all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise the use of the Website/Services is prohibited.

  1. Terms and Conditions for Obtaining Access to the Website/Services

For the purpose of getting Access to the Website and certain Services, the User shall create an Account. The Company may engage Partners for the provision of authorization and registration services. The process of Account creation includes the following obligatory actions taken by the User:

1) Filling in of the questionnaire with the User’s data

When registering the Account, the User shall fill in the questionnaire with the data he/she considers sufficient for his/her identification on the Website/Service as a unique User, except for the mandatory fields of the questionnaire, filling in of which shall be obligatory for the User.

The Company may not verify the information submitted by the User in any way, hereinafter referred to as the “account data” (unless otherwise provided for by the terms and conditions of provision of any separate Service), shall not be liable before any third parties for accuracy and reliability of the account data.

In the course of filling in of the registration form the User shall independently create a login and password, as well as other data for the further access to the Website/Services.

The User confirms that he/she is informed that the safety of his/her Account (accounts in different Services) shall directly depend on the complexity (number and variation of the symbols) of the password and other data which allow the User getting access to the Account. A login and password are confidential information and shall not be subject to disclosure, except in cases provided for by the current laws and/or these Terms of use. Also, the Users must keep their login and password secret. The Users must contact Company as soon as they are aware that their Account has been used without their consent. The Users acknowledge that Company may take any appropriate action, including suspension of the access to the Account. The User is recommended to create a quite complicated password to avoid the possibility of attack thereto by the third parties.

Subsequent access to the Website/Service by a User previously registered to his/her Account shall be carried out by passing through the procedure for authorization, i.e. input of the login and password of the User.

The Company shall be entitled at its own discretion to provide Users with an opportunity to access the Website by clicking through the link sent by e-mail as a result of automated authorization using cookies technologies.

Apart from the ways of Account creation specified above, the User may be provided with the right to create an Account and use the Website/Service using the data (login and password) of electronic mailbox or account (profile) created by the User on an external resource, as well as by authorization on the external resource.

The Company shall reserve the right to change and supplement the means of creation of an Account.

The Company may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).

The User is only permitted to create one (1) Account (“prohibiting multi-accounts”).

The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria.

The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity.

The Users agree to use Website/Services for personal use only and refrain from allowing any third party to use them unless they accept all the consequences thereof.

2) The User’s Consent for Use of the Website and certain Services of the Website

Consent to use the Website and certain Services of the Website on conditions hereof, agreements for certain Services, as well as on conditions of other provisions and rules regulating the order of use of the Website/Services, shall be expressed by the User via actions on accessing the specified documents. The access shall be effected by clicking “Sign up” or other button indicating agreement, which in sense shall be the conclusion by the User and the Company of the contract on the terms and conditions containing herein and other documents mentioned herein.

In each subsequent Access to the Website/Service (using of the Website/Service) the User shall express his/her consent with the terms and conditions hereof, agreements for separate Services, as well as with the terms and conditions of other provisions and rules regulating the procedure for using of the Website/Services in the versions applied as at the moment of the actual use of the Website/Service.

The Company shall be entitled to establish a special additional procedure for accessing a certain Service (to request from the User additional information and/or claim for taking additional actions) containing in the agreement for a certain Service and in other provisions and rules placed on the page of the relevant Service.

3) Account Transfer

The User shall attend to the safety of his/her login credentials that are necessary for access to the Account. The login and password are confidential information and shall not be subject to disclosure, except in cases provided for by applicable law and these Terms of use. The User is prohibited from distributing, using, or intentionally receiving information that allows access to the Account of another user by any means. Transfer of an Account and/or account data to third parties is not permitted. In the case that the User has received account data (login and password) of another user, the User is prohibited to use such information to log into the Account of another user.

In case the Company reveals any fact or suspicion that the Account has been transferred or being transferred in violation of these Terms of use or otherwise being accessed by a third party other than the User, the Company shall be entitled to suspend the access to the User’s Account and/or to block the User’s Account.

The User shall immediately notify the Company about the loss of his/her login and password for his/her Account or other cases of loss of control over the Account.

4) Bonus program

The Service may provide a bonus program. If the functionality of the Service provides for awarding bonuses to the User for performing certain actions by the Company, the User is awarded bonuses when the conditions of the bonus program are met. Bonuses can be exchanged by the User for bonus incentives defined by the Company. To receive bonus incentives, the User shall execute the appropriate command in the Service or perform other actions specified by the Company (for example, contact the Company by email, specify User’s registration data, etc.). The bonus program is intended to reward the User for performing certain actions and can be changed or canceled by the Company at any time. The conditions for receiving bonuses and bonus incentives are determined by the Company.

Referral bonus program. A referral bonus program is a type of bonus program. The user is awarded one bonus for each new user of the Service who followed the User’s referral link available in Use’s personal account, registered in the Service and connected to the Steam account. The user can receive various bonus incentives determined by the Company in exchange for the corresponding number of bonuses accrued based on the results of the referral bonus program. 

5) Participation in tournaments

The Company or the Partners may provide to users a possibility to participate in tournaments, contests, competitions, giveaways or other activities. By participating in any such activity, the User unconditionally agrees to be bound by the terms and conditions of such tournament, contest, competition or other activity.

6) Payments

In case the Website/Services provide the payment functionality, Your use if such payment functionality shall be governed also by the rules and regulations of the respective payment provider. 

  1. Terms and Conditions for Restoration/Termination of Access to the Website/Services

4.1. In case of loss of access to the Website/Services the User shall have an opportunity to independently restore such access by following the procedure stated on the Website/relevant Service. Upon completing such independent restoration of access to the Website/Services available for the User, the User shall be entitled to address to Company Support Service. 

4.2. Addressing the Company shall not necessarily imply that the access to the Website/Services will be reliably restored.

4.3. In case of loss of password for access to the electronic mailbox or personal profile created on the resource of the third party and used by the User together with the login for access to the Website, such a password may be restored by the means provided for by the resource of the third party only.

4.4. The User shall agree that the Company reserves the right to terminate access to the User’s Account (as well as to any account additionally created by the User within the framework of the Service) at any time, as well as take any other measures of limitation of access to the Website/Service.

4.5. Access to the Account may be terminated for the following reasons: a) violation of provisions hereof and/or agreements for certain Services; b) at the relevant request of government authorities pursuant to applicable laws; c) a long period of failure to use the account; d) due to unforeseen problems of a technical nature or circumstances related to security; e) for any violations in use of the Website/Services; f) for other reasons which the Company considers reasonable and necessary, including for the reasons of provision of security for functioning of the Website or certain Service.

4.6. The User shall agree that the Company reserves the right to terminate servicing of a User’s account (to remove the Account) which had not been used by the User for the period of more than three months.

4.7. The User shall be entitled to reject use of his/her account applying a special interface for its removal, provided that such a function set is implemented by the Company, or by a request at the Company Support Service. 

  1. Conditions and Procedure for Processing of the User’s Account Data

5.1. Placing the personal data when registering the Account on the Website (account within the framework of a separate Service), the User shall express consent for processing of the User’s data by the Company. Detailed means, aims and terms for processing of the User’s data, as well as other conditions of their use, are stated in a separate document regulating the procedure for using of the Users’ data (Privacy Policy) posted on the Website page at: https://e-sports.ee/privacy-policy.

5.2. The User shall agree that, within the framework of certain Services, in which is provided creation of a personal profile of the User, the User’s data may be posted on a separate page containing the profile information. The User’s data posted in the profile shall be deemed generally available from the moment of its posting. The User shall be entitled to limit access of third parties to the data contained at the personal profile page using the profile settings available for the User provided that such a function set is implemented by the Company.

5.3. The purpose of processing of the User’s data consists, including without limitation, in provision of the latter with the opportunity of full-scale use of the Website/Services, implementation of advertising campaigns, provision of targeted advertising and Services, carrying out of statistical studies and analysis of the obtained statistical data, as well as taking any other actions necessary for the proper provision of functional options of the Website/Services, etc.

5.4. The User shall agree that upon the processing of data the Company shall be entitled to take the following actions with the data: collection, arrangement, accumulation, storage, use, transfer to third parties (including transfer of impersonalized statistical data), destruction and other actions necessary for the purposes of provision of the Services, use of the Website and performance of the Terms of use and agreements for certain Services.

5.5. In the User’s access to the Website/Services cookies technology may be applied for the purpose of automated authorization of the User on the Website/Service, as well as for collection of statistical data, in particular on traffic ranking of the Website/Services. For more information, please, refer to Cookie Policy posted on the Website page at: https://e-sports.ee/cookie-policy.

5.6. The User shall be entitled to limit or prohibit use of cookies technology by application of the relevant settings of the browser.

5.7. The Company shall be entitled to provide the User with an option to transfer data to third parties using special technologies (Open ID, etc.) provided that the User agrees with such transfer. In this regard, the Company shall not guarantee to the User the completeness and correctness of transfer of the account data and shall not be liable for data safety during transfer.

  1. Term, Suspension, And Termination

6.1. The term of these Terms of use commences on the date the User first indicates his/her acceptance of these Terms of use and will continue in effect until terminated in accordance with these Terms of use.

6.2. In particular, but not exclusively, the Company has the right to terminate these Terms of use with the User if the User violates any applicable law, or breaches these Terms of use, or the User does not use his/her Account for a period of three (3) or more months.

6.3. Both the Company and the User have the right to terminate these Terms of use at any time with immediate effect. The User has the right at any time  to discontinue the use of his/her Account. The Company reserves the right at any time to suspend access to and the availability of Website or Services or any of its components without compensation to Users of any costs, losses of any kind, or other expenses, including, in the case of any, a single violation of the terms of these Terms of use, in particular, but not exclusively if the Company ceases providing services at the Websites and its Services.

6.4. These Terms of Use may be modified by the Company at any time. Any amendment to the Terms of Use shall be notified to the Users. The User shall undertake to independently check the Terms of Use with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account. 

6.5 In case of termination of these Terms of Use, Sections 11-15 remain in force.

  1. Terms and Conditions of Posting and Use of Content, Rights of the Company to remove Content.

7.1. Posting Content on the Website, the User shall grant to the Company, the Partners and other Users, under the conditions of free, non-exclusive, non-revocable, perpetual, worldwide license (with the right of sub-license), the right to use this Content in any ways required within the framework of the Services, including without limitation, bringing to general notice, review, modification, reproduction, translation and processing.

In the case the Company and/or Partner creates a customized section on the Website dedicated to the Partner, its project or community, the Partner grants to the Company a limited, perpetual, irrevocable, royalty-free, worldwide license (with the right to sublicense), to use the names, logos, slogans, images, marketing materials and any other Content of the Partner that(s) was(were) provided(s) to the Company by the Partner or used by the Company in the respective section of the Website by any means within the framework of the relevant Services, including for the purpose of providing services to the Partner, customizing of the relevant Partner’s section, as well as placing such materials and Content in the “Partners” section or a similar section on the Website and other resources, in the company’s projects portfolio, in marketing and other materials of the Company. The company has the right to use the official logo and name of the Partner when referring to the Partner in public communications.

7.2. Use by the User of the Content posted on the Website/within the framework of the Services by the Company, Partners, and other Users shall be allowed within the framework of the function set of the Website/Services with observance of any permits and limitations which may be established by the rights holder, provided that the author marks (copyright) or other author information are protected, and the name of the author is kept unchanged.

7.3. The User shall not be entitled to download or otherwise bring to public notice (publish on the Website) Content and other results of the intellectual activity of the Users, Company, Partners and other persons who are the rights holders, in the absence of the obvious consent of the rights holder and/or the required extent of the rights for such actions.

7.4. The Company shall reserve the right, at its own discretion to moderate (filter) or remove any information (materials) published by the User, including information (materials) violating the prohibitions established by the relevant sections hereof (as well as any other prohibitions and requirements contained in the applicable laws), including private messages and comments, to suspend, limit or terminate access to any Services at any time for any reason or without giving reasons not being liable for any damage which may be caused to the User by such action.

7.5. In the case of the appearance on the Website or a certain Service of Content which, in the opinion of the User (rights holder), violates or may violate, or, without consent of the User, affects its copyright and/or associated rights, the User shall be entitled to address the Company by forwarding a statement on the violation to the email of the support service, observing the requirements imposed by the Company on such messages. These requirements shall be imposed on the applicant by the Company for the purposes of the efficient response of the Company to the availability on the Website or certain Services of the Content probably violating the rights of the User (rights holder) and for the purposes of exclusion of violation of the rights of other Users in the instance that the Company takes measures for suppression of a possible violation.

The statement of the applicant to the Company on the possible violation of his/her rights shall contain the following:

  • precise link to the content location (URL address);
  • confirmation of the applicant that he/she is the rights holder as to the works stated, or his/her authorized representative;
  • any other information confirming the fact of violation.

In the case that the Content is in video or audio format, the statement shall contain the full initial title of the works, the rights to use of which belongs to the applicant, as well as the title of the works posted on the Website or a certain Service.

Within the framework of processing the statement, the Company shall reserve the right to request for the additional information and documents.

Upon receipt of the information volume necessary for establishment of the fact of violation, the Company shall take prompt measures for locking and removal of the illegal Content.

7.6. If within the framework of the Website or certain Services the User reveals that the Content posted by other users is obscene or abusive, the User shall be entitled to address the Company, using the means available for the User, with a request of removal of such Content. However, the User shall agree that the Company shall not be liable for Content which, in the User’s opinion, is obscene or abusive.

  1. Rights and Obligations of the Company

8.1. The Company shall have all necessary rights to the Content of the Company (including in respect of the software for computers on the Website, databases, information materials, graphics being the elements of the User’s interface, etc.), trade name, trade marks (service marks), logotypes and other distinctive marks of the Company.

8.2. The technology and software underlying the Website and/or Services is the property of Company, Partner, and Company’s affiliates and partners (the “Technology”). User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Technology.

8.3. The Company shall carry out current management of the Website/Services, determine their structure, interface, permit or limit the access of the Users to the Website/Services, and exercise other vested rights.

8.4. Some of the Services shall be administrated directly by the Partners, without participation of the Company, due to which the Company provides Users with only the technical opportunity for their use (access to the Service).

8.5. As to provision of the option of interrelation among Users, including provision of Users with the opportunity to independently take any actions within the framework of the Website/Services, the Company shall be the party which has only organized the technical option of such interrelation, and the transfer, storage and provision of access by means of the Internet to the information, graphics and other materials provided by the Users related thereto shall be carried out without change of such materials or influence thereon by the Company.

8.6. The Company shall be entitled to:

8.6.1. at any time change the interface of the Website, its content, list of Services, change and add used scripts, software, Company Content and other objects used or kept on the Website, and any server applications;

8.6.2. without giving any reasons remove any Content, including Content which, in opinion of the Company, violates and/or may violate applicable laws, provisions hereof or any agreement for a separate Service, rights of other Users or the third parties, cause losses thereto or endanger safety;

8.6.3. at its discretion remove any information (including private messages of a User, comments to the photos of a User, statuses, other information and materials), including information posted by a User on the Website/within the framework of the Services in violation of the applicable laws or the provisions hereof;

8.6.4. suspend, limit or terminate access of the User to all or any of the sections of the Website/Service;

8.6.5. at its discretion remove the User’s Account, including in case of taking by the User of the actions violating the applicable laws or the provisions hereof;

8.6.6. mail out messages to the Users (including e-mail messages, SMS messages, etc.) which are messages on introduction of new or cancellation of former services, approval and publishing of the new edition of the Terms of use or the agreement for a certain Service, as well as those containing advertising information on the Company Services and the Partners’ Services.

8.6.7. mail out messages to Users containing advertising of goods or services of the third parties, which shall not be carried out without prior consent of the Users.

8.6.8. The Company shall not deal with consideration and settlement of the disputes and conflict situations arising out between the Users, as well as between the User and the Partner when using by the User of the Partner Service, but, at its own discretion, may assist in settlement of the conflicts which have arisen. The Company shall be entitled to suspend, limit or terminate access of a User to the Website/Services in case of receipt from other Users of reasoned complaints for improper conduct of the User on the Website.

8.6.9. The Company shall reserve the right to concede its rights and obligations hereunder to any third party at its own discretion, having notified the User in the ways specified herein. Your rights and obligations hereunder shall be deemed transferred at the moment of posting of the relevant notice.

8.6.10. contact you through the contact details, which you have provided, for the purposes related to the provision of the Services to you, including without limitation your identification, your participation in tournaments, your use of the Website, your account, etc.

8.7. The User agrees and acknowledges that any and all rights that are not expressly granted hereunder are reserved by the Company and/or its partners (if applicable).

Rights to intellectual property granted hereunder to the Users are licensed, but not sold, and confers no title or ownership in Website and its Services.

  1. Rights and Obligations of the User

9.1. The User shall be entitled to:

9.1.1. arrange settings of the Account, change the password for access to the Account, as well as take other actions provided to the User by the functional options of the Website/Services;

9.1.2. take other actions related to using of the Website/Services not prohibited by the applicable laws.

9.1.3. Any rights not expressly granted to User herein are reserved by Company and/or Partners, as applicable.

9.2. The User shall:

9.2.1. observe the terms and conditions hereof and the agreements for certain Services, as well as the statutory provisions of the applicable laws;

9.2.2. take necessary measures for ensuring the confidentiality of account data (login and password) used for access to the Account, and make sure the password is not saved in the browser (including when using cookies technology) in case of possible use of the computer by other persons;

9.2.3. if such an option is provided for by the functions of the Website/Service, not post photos on which there are persons other than the User, without their prior consent, except for cases where such consent is not required in accordance with the law;

9.2.4. notify the Company as regards all cases of actions taken in respect of the User which may be considered as abusive, humiliating, discrediting, etc.;

9.2.5. from time to time independently become familiar with the content of the Terms of use and the agreements for certain Services and monitor the amendments made thereto.

9.3. HEALTH OF USERS

The User understands and agrees that continuous usage of a personal computer over an extended period of time may result in various complications of physical condition, including, without limitation, vision problems, scoliosis, various forms of neurosis, as well as other undesirable and negative effects on the User’s body. 

The User hereby warrants that he/she will use Website and its Services only for a reasonable duration with breaks for rest and that the User will take other measures prescribed by his/her doctor to protect his/her health.

The following precautions should be taken by Users: 

  • Avoid using of Website and its Services if tired or short of sleep;
  • Use Website and its Services at good distance from the screen;
  • Use Website and its Services in a lit room and moderate the brightness of the screen;
  • Take breaks of ten (10) to fifteen (15) minute every hour.
  1. The User shall be prohibited from

10.1. collecting personal data of other users;

10.2. use of any automatic or automated means for collection of the information posted on the Website/within the framework of the Services;

10.3. carry out propaganda or agitation provoking the social, race, national or religious hatred and enmity, propaganda of war, social, racial, national, religious or language superiority;

10.4. post on the Website/within the framework of the Services or send by Private messages information of limited access (confidential information) of third parties, if the User does not have sufficient rights by authority of the law or a contract for disclosure of this information;

10.5. post, reproduce, copy, process, distribute, and publish on the Website/within the framework of the Services, bring to the public notice, download, transfer, sell or otherwise use in full or in part the Content of the Company, Partners, other Users and the third parties without their prior consent, except for the cases established hereby or the agreements for certain Services, current applicable laws, as well as the cases when the right holder expressly stated its consent for free using of its own Content by any person;

10.6. by posting the Content on the Website/Services, the User shall confirm that he/she has all the rights required, including the right to bring to the public notice that such posting does not violate and will not violate the rights and legal interests of the rights holders and third parties, and that all necessary permits and consents of the relevant rights holders and third parties have been properly and obviously obtained for that. If the User does not have the required rights and/or the consent of the rights holder, it shall be prohibited to post the Content on the Website. The User shall agree that, downloading Content on the Website, the User shall provide access thereto for the other registered Users by default. The Website shall be only a means which allows the User to carry out access and communication/bringing the Content to the public notice. Within the framework of the measures taken by the Company for suppression of violation by the users of the rights of the rights holders and prevention from distribution of false information, the Company shall be entitled to demand submission of evidence that the User has the required volume of rights for use of the Content (works) on the Website/within the framework of the Service. Up to receipt of such confirmation the specified works may be blocked;

10.7. post on the Website/within the framework of the Services in public access the content of which is abusive for other Users or other persons, or may be considered as such, as well as messages, images and other materials discrediting the Users or other persons, contains threats, appeals to violence, taking illegal actions, antisocial, or immoral deeds, as well as taking any other actions contradicting the principles of public order and morality;

10.8. post on the Website/within the framework of the Service content, which causes or may cause loss to the honor, dignity and business reputation of an individual or the business reputation of an organization;

10.9. post on the Website/within the framework of the Services content containing swear words and expressions, post on the Website/within the framework of the Services materials of an erotic and/or pornographic nature or the hypertext links to Internet websites containing such materials;

10.10. post on the Website/within the framework of the Services information propagandizing suicide, containing description of the means of suicide and any instigation to commit thereof;

10.11. post on the Website/within the framework of the Services information related to occults subject and activity (magic, fortune telling, Satanism, love spells, spells, wizardry, rituals, astrology, horoscopes, etc.);

10.12. post on the Website/within the framework of the Services advertisements and other information on narcotic and psychotropic substances, including information on distribution of drugs, formulas of their manufacture and advice on their consumption;

10.13. post on the Website/within the framework of the Services information violating the rights of minor persons;

10.14. post on the Website/within the framework of the Services information of a fraudulent nature;

10.15. post on the Website/within the framework of the Services personal data, including the contact data of other Users or other persons without their prior consent;

10.16. specify when registering the Account, or afterwards input the information on himself/herself known to be false or fictional, for the purpose of pretending to be another User and mislead the Users;

10.17. post on the Website images of other persons or fictional personages, images of animals, things, abstract images and personal photos, as well as any other graphic images, not being the photos of the User posting these images;

10.18. register more than one User Account by one and the same person;

10.19. post on the Website/within the framework of the Services in public access without prior consent of the Company, transfer by private messages text messages, graphics and other materials containing advertisements;

10.20. take actions focused on destabilization of functioning of the Website/Services, make attempts at unauthorized access to the management of the Website/Services or the Private Sections (the sections access to which is allowed only for the Company), as well as take any other actions of the same kind;

10.21. carry out unauthorized access to other users’ Accounts by guessing and input of the password, as well as take attempts of such access;

10.22. effect mail-out of spam – the mailing out of commercial, political, advertising and other information (including hyperlinks referring to the Internet websites with such information and/or to the Internet websites containing scumware) in the content;

10.23. use the Website/Services for the purposes of search of debtors or for other purposes of such kind;

10.24. post on the Website information promoting the advertisement of tobacco and tobacco products, drugs, narcotic substances, strong and low-alcohol beverages;

10.25. post on the Website other information which, in the opinion of the Company does not comply with the policy and aims of the Website creation;

10.26. violate the requirements hereof and the agreements for certain Services and the statutory provisions of the applicable laws.

10.27. attempt to circumvent any security measures adopted on Website/Services, including blocking access based on IP-address;

10.28. modify, adapt, decompile, disassemble, or change Website/Services and/or any of its components and any intellectual property access to which the User is granted during the course of Website/Services use;

10.29. distribute for commercial or non-commercial purposes Website/Services and/or any of its components and any intellectual property access to which the User is granted during the course of Website/Services use, copies or screenshots thereof, either by means of distribution of physical media, or by means of making it available for download by third parties from the Internet;

10.30. translate Website/Services and/or any of its components into other languages, or create other derivative works of Website/Services and/or any of its components;

10.31. use Website/Services in any other manner not contemplated by these Terms of Use, and outside of the conventional use process.

  1. Guarantees and Liability of the Parties

11.1. The User shall guarantee that posting thereby on the Website/within the framework of the Services of the information, Content, other results of intellectual activity protected by law, their parts or copies, as well as other materials, does not violate anybody’s rights and legal interests.

11.2. In case of claims from the third parties due to violation by the User of the terms and conditions hereof, to the extent of posting of the information and/or the Content of the third parties, the Company shall be entitled to submit the available User’s contact information within the framework permitted by the law to the persons applying with the claims, for the purposes of settlement of the occurred disagreements.

11.3. The User shall be personally liable for any Content or other information which he/she uploads on the Website/Services or otherwise communicates to the public on the Website or with its help. The User shall independently settle the claims of the third parties related to illegal posting of Content and information.

11.4. Hyperlinks to any website, product, service, any information of commercial and non-commercial character posted on the Website/within the framework of the Services or sent by the Users in the messages shall not be approval or advice on these products (services) on the part of the Company. The Company shall not be liable for the loss caused to the User as a result of following such hyperlinks.

11.5. Following the Websites of the third parties, installation of applications and consumption of the services of the third parties shall be carried out by the User at his/her own risk. The provisions hereof shall not be applied in respect of the relations of the User and the third parties.

11.6. Providing the User with the technical opportunity to use the Website, the Company shall not participate in formation of the User’s Account content and downloading of Content by the User, and shall not effect control over the User’s actions.

11.7. The Company shall not carry out and does not have the technical capability to carry out preliminary moderation of the information and Content of the Users and shall not be liable for Content posted by the User.

11.8. The Company shall not be liable for possible breakdowns and breaks in the Website operation and the information loss caused thereby, but shall take all possible efforts depending on the Company in order to avoid the aforementioned. The Company shall not be liable for any loss to the computer of the User, to the mobile device, or to any other equipment or software caused or related to using of the Website/Services or the websites available through the hyperlinks posted on the Website/Services.

11.9. The Company shall not be liable for password attacks of third parties and any actions taken thereby using the User’s Account.

11.10. The Company shall not be liable for any loss, including the lost benefit or the damage caused in relation to using of the Website/Services, Content or other materials to which the User or other persons have obtained access with the help of the Website, even if the Company has warned or mentioned the possibility of infliction of such loss or damage.

11.11. The Company shall not be liable for any loss which may be caused to the User, including the loss of the data, removal of the Account, Content or termination of functioning of the Website/Service, taking all possible efforts depending on the Company to exclude or lower the risk of adverse consequences.

11.12. The User shall be liable for illegal actions taken using the User Account, as well as in relation to posting of Content using his/her Account on the Website, User Profile, on the Personal Pages of other Users, forums, comments and in other sections of the Website/Services.

11.13. For violation of the provisions hereof or the agreements for certain Services access of the User to the Website, certain sections of the Website and/or the Services may be limited, suspended or terminated for an indefinite term. Access may be restored upon the relevant written application of the User at the discretion of the Company.

  1. Indemnity and Release

12.1. User agrees to release, indemnify and hold Company and the Partners harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to User’s use of the Website and/or Services, any User Content, User’s connection to the Website and/or Services, User’s violation of these Terms of Use or User’s violation of any rights of another.

  1. Disclaimer of Warranties

UNLESS OTHERWISE EXPRESSLY PROVIDED BY A SPECIFIC WRITTEN AGREEMENT REGULATING THE USE OF SERVICE, WEBSITE AND/OR SERVICE(S) IS PROVIDED “AS IS”. THEREFORE, USERS ACKNOWLEDGE THAT WEBSITE AND/OR SERVICE(S) MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF WEBSITE AND/OR SERVICE(S), ACCORDINGLY USERS ACKNOWLEDGE THAT WEBSITE AND/OR SERVICE(S) ISN’T ERROR-FREE AND MAY BE INTERRUPTED. THE COMPANY SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF USERS’ USE OF WEBSITE AND/OR SERVICE(S)) TO SUSPEND OR STOP OPERATION AND/OR ACCESS TO WEBSITE AND/OR SERVICE(S) OR ANY PART OF IT FOR ALL OR SOME USERS AT ANY TIME. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AS WELL AS WEBSITE AND/OR SERVICE(S) PROVIDED BY THE COMPANY, ITS PARTNERS, OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE WEBSITE AND/OR SERVICE(S). USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR WEBSITE AND/OR SERVICE(S) AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS.

  1. Liability

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS. 

IN THE EVENT THAT COMPANY IS HELD LIABLE, COMPANY MAY GAIN EXEMPTION FROM SOME OR ALL OF ITS LIABILITY, HOWEVER, BY PROVING THAT THE NON-PERFORMANCE OR POOR PERFORMANCE OF THE CONTRACT WAS ATTRIBUTABLE TO THE CONSUMER, TO AN UNFORESEEABLE AND INSURMOUNTABLE FACT OF A THIRD PARTY, OR TO AN INSTANCE OF FORCE MAJEURE. 

IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING OUT OF LOSS AND/OR DESTRUCTION OF DATA, DAMAGES ARISING OUT OF LOSS/TERMINATION/SUSPENSION OF ACCESS TO USERS’ ACCOUNTS, LOSSES BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE WEBSITE AND/OR SERVICE(S) AS WELL AS LOSSES/DESTRUCTION/CHANGES OF THE INFORMATION PLACED BY THE USER AT THE FORUMS OR CHATS. IN ANY CASE, THE LIABILITY OF THE COMPANY TO USERS SHALL BE LIMITED TO COMPENSATION FOR ACTUAL DAMAGE, WHICH SHALL NOT EXCEED 100 EUROS. THE USER MAY NOT RECEIVE ANY COMPENSATION FOR LOST PROFITS UNDER ANY CIRCUMSTANCES. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES TO USERS OR THIRD PARTIES CAUSED BY:

(A) USE OF OR INABILITY TO USE A WEBSITE AND/OR SERVICE(S);

(B) UNAUTHORISED ACCESS OF ANY THIRD PARTIES TO THE USER’S PERSONAL INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER’S ACCOUNT, IN-GAME ACCOUNT WITHIN THE GAME; AND

(C) STATEMENTS OR BEHAVIOUR OF ANY THIRD PARTY IN THE WEBSITE AND/OR SERVICE(S), IN- FORUMS OR CHATS, OR IN COMMENTS ON THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF THE COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND THE COMPANY’S CONTROL, SUCH AS ACTS OF GOD, WAR, TERRORISM, EPIDEMIC, PANDEMIC, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRES, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR, OR MATERIALS.

IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY’S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.

  1. Final Provisions

15.1. The Terms of use and agreements for the certain Services shall become effective from the moment of acceptance thereof. Conditions of joining (acceptance) to the Terms of use and agreements for the certain Services are contained in these Terms of use.

15.2. These Terms of use and agreements for the certain Services may be modified by the Company without any prior notice. Any alterations to the Terms of use unilaterally made by the Company shall become effective from the day of publishing of such alterations on the Internet Website/on the pages of the relevant Services. The User shall undertake to independently check the Terms of use and the terms and conditions of the agreements for the certain Services with respect to alterations. The User’s failure to take the actions on familiarizing himself/herself may not be the ground for failure to fulfil his/her obligations and the User’s failure to observe the limitations established hereby and the agreements for certain Services.

15.3. The invalidity of one or several provisions hereof and/or the agreements for certain Services admitted in accordance with the established procedure, or by the effective court decision, shall not cause for the Parties invalidity of the agreements as a whole. In case of the admission of one or several provisions invalid in accordance with the established procedure, the Parties shall undertake their obligations there under in the way closest to that implied by the Parties when concluding the agreement and/or agreed change.

15.4. Cooperation with Legal Authorities. Company will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions. Company strictly follows AML (Anti-Money Laundering), KYC (Know Your Customer) and other banking or government policies and regulations in respective jurisdictions. You fully agree to assist Company in fulfillment of the mentioned regulations and provide any necessary information if such is required of you by the authorized authority. 

15.5. No Waiver. The failure of the Company to require or enforce strict performance by you of any provision of these Terms of use or the Company’s failure to exercise any right under these Terms of use shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms of use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms of use, no representations, statements, consents, waivers, or other acts or omissions by the Company shall be deemed a modification of these Terms of use nor be legally binding.

15.6. Assignment. Unless such assignment is likely to result in a reduction in the User’s rights, the Company reserves the right to assign its rights and obligations arising out of these Terms of use to any third party in its sole discretion by notifying Users by email or by means of publishing the amended Terms of use. The User’s rights and obligations arising out of these Terms of use shall be considered transferred to the assignee of the Company at the moment of the aforesaid notification or publication.

The User’s rights and responsibilities under these Terms of use as well as the rights to access the User’s Account are personal and non-transferable. 

15.7. These Terms of use and the agreements for certain Services and interrelations of the Parties in connection with their conclusion shall be regulated by the laws of England and Wales unless otherwise expressly provided by law applicable to the User.

If the User resides in France, these Terms of Use are subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.

15.8. All disputes hereunder shall be subject to settlement by means of correspondence and negotiations using obligatory pre-judicial (claim) procedure. In the case that no agreement is reached by the Parties by means of negotiations within sixty (60) calendar days from the date of receipt by the other Party of the relevant written claim, the dispute consideration shall be transferred by any interested party to the court at the location of the Company (with exception of admissibility of a case to any other courts).

In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.

15.9. For the matters related to performance of the Terms of use, please, address to the Company at info@aurora.pm or in writing to Harju maakond, Tallinn, Vesivärava tn 50-201, 10152 Estonia.

15.10. Your official email for communication shall be deemed the email specified by you during the create an account process. We may provide any notice to you under these Terms of use by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with you. Notices we provide by posting on the Website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with you when we send the email, whether or not you actually receive or read the email.

15.11. The Website/Services may contain intellectual property of third parties. All title and rights in and to the such intellectual property are the property of the respective owners and may be protected by applicable copyright or other intellectual property laws and international treaties. These Terms of use do not grant you any rights to any such intellectual property. Valve, the Valve logo, Steam, the Steam logo, Dota, the Dota 2 logo, Counter-Strike, the Counter-Strike logo, are trademarks and/or registered trademarks of Valve Corporation.