TERMS AND CONDITIONS
Last Updated: March 28, 2024
These Terms and Conditions (the “Terms”) govern your use of the mobile applications (the “App”), with in-game tournaments built integrated (the “Competitions”) provided by Gora Gaming ME FZ LLC (“we”, “us”, “our”).
Our contact details:
Email: playoff@goragaming.com.
By using the App, or registering an Account in the App (the “Account”), or registering for or participating in any Competitions, you: (1) acknowledge that you have read the Terms; (2) agree to comply with the Terms which may change from time to time as set forth herein; and (3) are authorized and able to accept the Terms.
The terms of processing of personal data are set out in the Privacy Policy (the “Privacy Policy”), which is an integral part of the Terms.
1. LICENSE.
1.1. License Conditions. As long as you follow the Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, worldwide, freely revocable License to download, install and use the App, in object code format, only on your personal mobile device, for the sole purpose of personally using the App (the “License”).
1.2. Prohibited Use. When using the App, you shall not:
1.2.a. License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App;
1.2.b. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the App, in whole or in part;
1.2.c. use access to the App, any other information for the purpose of building or replicating the App;
1.2.d. copy and/or distribute the App, in whole or in part;
1.2.e. try to interfere with the operation of the App, disrupt the process of providing the App to other users or otherwise try to harm the App and/or its users (DoS, DDoS attack, etc.);
1.2.f. remove or destroy any copyright notices or other proprietary markings contained on or in any App;
1.2.g. use the App in any other manner that is contrary to the law or the Terms or Privacy Policy.
2. NO WARRANTIES.
2.1. To the maximum extent permitted under applicable law, all services, products, information and data provided or made available by us (including without limitation the App) are provided “as is” and we (and our licensors, where applicable) expressly disclaim any warranties and conditions of any kind. We (and our licensors, where applicable) make no warranty that the App: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) results that may be received using the App to be accurate and reliable; and (d) quality of any information or services obtained using the App meeting your expectations.
2.2. No advice or information, whether oral or written, obtained from us or elsewhere, shall create any warranty not expressly stated in the Terms. You are solely responsible for any consequences of your use of the App.
2.3. Some states do not allow the disclaimer of implied warranties; as such, the foregoing disclaimer may not apply to you in its entirety.
3. OWNERSHIP.
3.1. App Ownership. We (and our licensors, where applicable) hold all and any rights to the App (including all modifications and additions to the App, any versions thereof), their text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, and other content, any other their parts and components, and other intellectual property, except as for the User Content.
3.2. Trademark Ownership. All trademarks, service marks, and trade names are owned, registered and/or licensed by us (and our licensors, where applicable).
You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your use of the App. You agree not to change or delete any ownership notices from materials downloaded from the App.
4. USER CONTENT.
4.1. User Content. The App may allow you to upload or generate photos, videos, comments, and other content (the “User Content”). Submissions or opinions expressed by users are that of the individual expressing such submission or opinion only. We are not responsible for User Content others upload or generate within the App.
4.2. Monitoring and pre-checking. You acknowledge that the App is a passive conduit for User Content and that: (i) neither we pre-checking User Content or communications nor (ii) control, verify, or pay for any User Content or communications. We do not endorse and specifically disclaim any responsibility or liability for any publicly posted content.
4.3. License. User Content is owned by you or whoever created it, but by providing your User Content, you grant us a non-exclusive, transferable, sublicensable, worldwide, perpetual, royalty-free License to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services.
4.4. Restrictions. When uploading your User Content, you shall not:
4.4.a. upload any User Content that infringes or violates the rights of any party;
4.4.b. upload User Content of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the Terms and Privacy Policy;
4.4.c. upload any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of the App.
4.5. Review. We reserve the right to review all User Content submitted to the App and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.
4.6. Termination. We also may terminate your access to the App at any time, without notice, for any reason whatsoever, and/or delete, move, or edit User Content submitted, in whole or in part.
4.7. Release. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others or any disclosure of your User Content that makes you or any third party personally identifiable.
4.8. Deletion. We are not obligated to back up any User Content, and it may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
5. COMPLIANCE WITH LAWS.
5.1. Prohibited Jurisdictions. You acknowledge that various rules, regulations, and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (the “Gaming Laws”) and that Gaming Laws are set up by each individual country (territory or jurisdiction).
Therefore, the App DOES NOT permit Paid Competitions and/or receive prizes from Free Competitions to be offered to users participating in Competitions in any country (territory or jurisdiction) in which such Competition violates its Gaming Laws (the “Prohibited Jurisdiction”).
5.2. Responsibility. It is your responsibility to determine whether the state, country, territory, or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right to monitor the location from which you access the App, and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Paid Competition and/ or receive prizes from Free Competitions, you must accurately confirm the location from which you are playing.
5.3. Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state, and federal laws, rules, and regulations of the city, state, and country in which you reside and from which you access and use the App (together with Gaming Laws, the “Governing Laws”). You are solely responsible for your compliance with all Governing Laws. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions.
COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY GOVERNING LAWS. Your participation in Competitions is at your own risk, and you agree not to hold us responsible or liable if Governing Laws restrict or prohibit your access or participation.
5.4. LEGAL DISCLAIMERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OFFERED BY US, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE THE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
6. GAME FUNCTIONALITY.
6.1. Access to the App. Our App is free to download. Competitions integrated into the App are usually free (the “Free Competition”), but the user is given the opportunity to participate in Competitions with paid access (the “Paid Competition”).
6.2. Account registration. To be eligible to register an Account, participate in Paid Competition, and/or receive prizes from Free Competitions, you must: (a) be a natural person who is at least 18 years of age or older and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with us; (c) not to be physically located in Prohibited Jurisdiction; and (d) at all times abide by the Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice. You agree and acknowledge that you shall not create or use more than one Account. Any violation of this condition will result in the immediate termination of your such illegal accounts and the forfeiture of any Prizes obtained through the use of such illegal accounts.
6.3. Fee. You don’t have to pay a fee to participate in the Free Competition. To participate in a Paid Competition, you must pay the fee specified before the start of this Competition. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits, or withdrawals. The participation fee may change at any time, but no price change will affect your past purchases.
6.4 We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
- UnionPay
- GrabPay
- FPX
- Apple and Google Inapp purchases
6.5. Winners. Following the results of the Competition, a ranking of the participating players is formed based on the points they have scored. The winners are determined by the highest number of points in the Competition. THE WINNER IS NOT DETERMINED “BY CHANCE”. THE DETERMINATION OF THE WINNER IS BASED ON THE NUMBER OF POINTS SCORED BY THE USER AND DEPENDS ONLY ON THE INDIVIDUAL SKILLS OF THE USER.
6.6. Prizes. According to the results of the Competition, the winners receive a prize displayed before the start of the Competition (the “Prize”).
6.7. Withdrawals. If you participated in Paid Competitions, you might request a withdrawal of Prizes from your available Account balance at any time. Note that you are only entitled to withdraw funds that you have earned as a Prize. Any funds you have deposited must be spent on in-game activities. Processing of requested Prize funds is made by refund to the payment method used to make your payment and may take up to 90 days. The minimum sum of withdrawals to be requested is 10 dollars. In order to receive Prize funds, you shall have a properly registered Account. We may additionally require you to verify that you at least 18 years of age or older, and that you are not located in one of the Prohibited Jurisdiction. For the withdrawals, the Account shall contain the following personal data which must be correct and up to date: name and surname, email address, address (country, city street, house apartment, zip code). If any conditions herein are not fulfilled, we reserve the right not to transfer Prize funds to you.
6.8. Taxes. You are solely responsible for paying all and any federal, state and other taxes in accordance with all Governing Laws. If we are obligated to do so, we may send you additional tax forms, and, without limiting the foregoing, we may withhold from your existing Account balance and/or from future winnings any amount required to be withheld by Governing Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Governing Laws.
6.9. Purchase processing. You acknowledge and agree that all billing and transaction processes are handled by a third-party payment provider and are governed by the terms of such third-party payment provider. If you have any payment-related issues, then you need to contact the third-party payment provider directly.
6.10. No refund. All fees, except for prizes as mentioned in the Prizes section, are non-refundable unless required by law. By making a fee payment, you are giving your xplicit consent to the non-refundable nature of the fees.
6.11. Representations. By paying the fee, you are confirming that you have any and all permission that may be necessary in order to allow you to pay a fee.
6.12. Closing Accounts; Forfeiture of Funds. If you close your Account, Prize funds in your Account will be returned subject to the terms of clause 6.6. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, Prize funds in your Account may be forfeited and not returned to you.
6.13. Account Monthly Maintenance Fee. If your Account is inactive (i.e. you have not entered at least 1 tournament) for 6 consecutive months or more, a maintenance fee of 2 dollars per month may be charged (the “Monthly Maintenance Fee”). After 5 or more months of inactivity you will be notified by email that if your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. However, if your Account has no funds and has been inactive for twelve or more consecutive months, your Account may be closed.
7. ADS.
The App may be supported by advertising revenues, and we may place advertising, promotions, or sponsored content (the “Third-Party Ads”). You acknowledge that we may
not always identify Third Party Ads content. The manner, mode, and extent of such Third-Party Ads content are subject to change without notice to you. We are not liable for any errors in content or omissions in any Third-Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third-Party Ads, including any goods, products or services offered by such Third-Party Ads.
In return for some of the premium features, you may choose to be a peer on the Bright Data network. By doing so you agree to have read and accepted the Terms of Service of the Bright SDK EULA: https://brightdata.com/legal/sdk-eula. You may opt out of the Bright Data network by clicking the relevant button in the preferences in the App.
8. INDEMNIFICATION BY YOU.
You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors, and assigns from and
against any third-party claim arising from or in any way related to (i) your breach of the Terms and/or Privacy Policy; (ii) any use of your Account, by any person; (iii) your violation of applicable law, rules or regulations; and/or (iv) your negligence or misconduct, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of any kind and nature.
9. PROHIBITED ACTIVITIES.
9.1 You may not use the App for any purpose other than that for playing in the Competitions. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
9.2 As a user of the App, you agree not to:
9.2.a. Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
9.2.b. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
9.2.c. Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App and/or the content contained therein.
9.2.d. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App
9.2.e. Use any information obtained from the App in order to harass, abuse, or harm another person.
9.2.f. Make improper use of our support services or submit false reports of abuse or misconduct.
9.2.g. Use the App in a manner inconsistent with any applicable laws or regulations.
9.2.h. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
9.2.i. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9.2.j. Delete the copyright or other proprietary rights notice from any content.
9.2.k. Attempt to impersonate another user or person or use the username of another user.
9.2.l.Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
9.2.m.Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
9.2.n.Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
9.2.o.Copy or adapt the App’s software, including but not limited to Python,PHP, HTML, JavaScript, or other code.
9.2.p.Use a buying agent or purchasing agent to make purchases on the App.
9.2.q.Make any unauthorized or suspicious payments in the App, conduct fraudulent activity associated with suspicious payments, engage in constant deposits/withdrawals within an unreasonable timeframe.
9.2.r.Use the App to advertise or offer to sell goods and services.
9.2.s.Sell or otherwise transfer your profile.
9.3.You are strictly disallowed from participating in any prohibited activities outlined in this clause. Additionally, whenever we have reasonable suspicion of your involvement in suspicious activities, appropriate actions may be taken.
The consequences for engaging in prohibited activities or being suspected of involvement in suspicious activities may include:
9.3.a. Permanent deletion of your account: Should a user be found participating in prohibited activities or suspected of involvement in suspicious activities, their account will be permanently deleted.
9.3.b. Prohibition of future account creation: Users found engaging in prohibited activities or suspected of involvement in suspicious activities will be prohibited from creating any future accounts in our App.
9.3.c. Freezing of current balance: In cases where prohibited activities or suspicious activities are suspected, we reserve the right to freeze the current balance on the user's account until an internal investigation is conducted.
9.3.d. Cancellation of Prizes and refund of deposits: Should our internal investigation reveal fraudulent activity connected with money, we reserve the right to cancel any Prizes awarded and refund the deposited amount back to the user or the respective payment provider for further investigation.
9.4. While we strive to maintain a safe and secure environment for all our users, we urge you to report any suspicious activities or unauthorized payments observed in the App. By doing so, users contribute to the integrity of our platform and help us take appropriate action against any illicit activities.
9.5. We reserve the right to take legal action and cooperate with law enforcement authorities in case of egregious violations or suspected criminal activities related to prohibited actions outlined in this clause.
10. LIMITATION OF LIABILITY.
10.1. Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss.
The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
10.2. Cap on liability. If the limitation of liability provided under applicable law is held invalid, in any case, our cumulative liability for all claims arising from or relating to the App shall be a maximum of 100 (one hundred) euros. The existence of one or more claims by you will not increase our liability.
11. FORCE MAJEURE.
In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.
12. TERM OF LICENSE.
12.1. Term. Your License is valid from the moment you consent to the Terms and will remain in full force and effect until terminated as specified below.
12.2. Termination from your side. You may terminate your License with immediate effect by deleting the relevant App from your device. You understand that any termination may involve the deletion of your User Content. We will not have any liability whatsoever to you for any termination of your License, including deletion of your User Content. Only if we continue to operate the relevant App, you may again download the App. However, any User Content cannot be restored.
12.3. Termination from our side. We may immediately terminate or suspend your License in the following cases:
12.3.a. We have reasonable grounds to believe that you are in breach of the Terms or our Privacy Policy or applicable law (without prior notice to you);
12.3.b. For any other reason (with or without notice to you).
12.4. Effect of termination. Upon the termination of your License, you shall stop using the relevant App. Termination of your License by any reason does not bind us to return you any fees. Your obligations to pay off the outstanding payments to us, if any, shall remain in force after termination until their full performance.
13. CHANGES TO THE TERMS.
The Terms may be modified from time to time, subject to the amended Terms of Use effective as soon as they are posted in the App (unless otherwise specified in such changes). Continued use of the App upon the effective date of changes to the Terms shall indicate your consent to such changes and agreement to be bound by the terms
and conditions of such changes.
14. AGE LIMITS.
You represent that you are at least 18 years old. We may require adequate proof of your identity and age at any time.
15. APPLICABLE LAW AND DISPUTE RESOLUTION.
15.1. Applicable law. Any issue which is not agreed in the Terms will be governed by the laws of England and Wales.
15.2. Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of the Terms by negotiations. The party which has any claims and/or disagreements shall send a message to the other party indicating the claims and/or disagreements that have arisen. If, nevertheless, a disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent court at the place of registration of us.
16. MISCELLANEOUS.
16.1. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16.2. Entire agreement. The Terms is the final, complete, and exclusive agreement between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms).
16.3. No waiver of rights. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
16.4. Titles and interpretation. The clause titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
16.5. Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
16.6. Assignment. The Terms and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign the Terms without your consent. The terms of the Terms shall be binding upon assignees.