TERMS AND CONDITIONS
⦁ Basic Terms
⦁ These Business Terms and Conditions (hereinafter referred to as the “Terms and Conditions“) of OWNAGE s.r.o., with registered office at Poustka 75, 464 01 Višňová, Company ID No.: 07442050, registered in the Association Register kept by the Regional Court in Ústí nad Labem (hereinafter the “Provider“).
⦁ The User is solely a natural or legal business person, identified by the login email and password entered during registration, which uses the services in the course of its business activities (hereinafter referred to as the “User”). The user acknowledges that the application is not intended for consumers.
⦁ Application means a web application gsoul.eu, available from https://gsoul.eu (hereinafter referred to as “Application”).
⦁ Contract means the Contract concluded between the Provider and the User, whose subject matter is the provision of the License to use the Application, the rights and obligations arising from the participants hereunder are created by these Business Terms and Conditions (hereinafter referred to as the “Contract”).
⦁ Content means data, statements, or other content created, displayed, uploaded, saved, inserted, or distributed by the User through the Application or User Account (hereinafter referred to as the “Content”).
⦁ User Account means the User account established in the Application through which the User accesses the Application (hereinafter referred to as the “User Account”).
⦁ Website means the website at https://gsoul.eu or on which the Application is located (hereinafter referred to as the “Website”).
⦁ Tournament means a sport or skill competition in a computer game held online through the Application, where success in this competition is the result of skills, not of coincidence (hereinafter referred to as the “Tournament”).
⦁ Entry to the Tournament means a predetermined amount of money that the User is obliged to pay as a condition of entry to the Tournament (hereinafter referred to as the "Entry").
⦁ Winning means the sum of the Tournament Deposits that the User may receive in the event of success in the Tournament. The fee for the Provider is deducted from the winning price (hereinafter referred to as the “Prize”).
⦁ Purpose of the contract
⦁ Based on the concluded Contract, the Provider grants the User a non-exclusive, personal, revocable, non-transferable license to use the Application for the duration of the Contract. The User accepts this license under the conditions outlined in these Terms and Conditions. The User is entitled to use the Application and is obliged to pay the Provider a payment of 10% of each Deposit to some Tournaments (hereinafter referred to as the “Payment”) for the use of the Application.
⦁ Conclusion of a contract
⦁ The User acknowledges that the Contract is concluded through remote communication. The costs incurred by the User when using means of distance communication in connection with the conclusion of the Contract (eg costs of internet connection, telephone costs) are paid by the User himself.
⦁ The Provider shall make a public offer on its Website for the conclusion of the contract under the conditions specified in these Terms and Conditions.
⦁ During registration, the User is redirected to a form in which he / she will fill in his / her data requested by the Provider. The user is responsible for the correctness and truthfulness of the stated data. In this form, these Terms and Conditions will be made available to the User at the same time in such a format that they can be stored in a data form on an electronic device with the possibility of their later display. The User undertakes to print or save these Terms and Conditions. By submitting the completed form, the User agrees with these Terms and Conditions and confirms that they have become acquainted with their contents in detail.
⦁ The contract is concluded only with the User, who will specify his / her e-mail address upon registration, at which the User will be sent an e-mail message for authorization by the Provider, which will contain an internet link for User's authorization. After the user clicks on the internet link sent by the Provider, the proposal to conclude the contract is accepted, the Contract becomes effective and the User Account is established.
⦁ Duration of the contract and termination of the User Account and restrictions on the use of the Application
⦁ This Contract shall be concluded for an unlimited period.
⦁ The Contract terminates with the termination of the User Account.
⦁ The Contract shall terminate if the entire Application is canceled by the Provider.
⦁ The User is entitled to unilaterally terminate his / her User Account at any time using an email request sent to email@example.com
⦁ The User Account may be canceled upon mutual agreement between the Provider and the User.
⦁ If the User violates the obligation stipulated in the Terms and Conditions, the Provider is entitled without prior notice to the User:
⦁ Preclude or restrict User from using the Application.
⦁ Cancel or disable the User's User Account.
⦁ The Provider is not obliged to return to the User a Deposit which has already been paid by the User, nor to refund the unpaid Prize if:
⦁ The User shall cancel his / her User Account without the Provider violated any of his / her obligations.
⦁ The Provider shall cancel the User Account because the User violated its obligations arising from the Contract or the Terms and Conditions.
⦁ The user has violated the Tournament Rules, Contract, or Terms, and Conditions.
⦁ After termination of the Contract, the Provider may at its discretion:
⦁ Discard all User Content, in which case the User is not entitled to any compensation towards the Provider.
⦁ Keep the User Content within the Application and allow the user to download it.
⦁ Cancellation of the User Account, resp. termination of the Contract for any other reason does not affect the User's obligation to pay to the Provider all outstanding amounts.
⦁ The Provider is not obliged to ensure that the Content is exportable, usable in third party applications, or machine-readable.
⦁ The User acknowledges that if the Provider restricts the use of the Application to the User by the Terms and Conditions, the Content or its part may be unavailable to the User.
⦁ Application and its use
⦁ By using the Application, the User agrees with the Terms and Conditions and declares that he / she is familiar with the Application and its features in detail.
⦁ The Application is provided by the Provider for use to the User in such condition as it is at the date of conclusion of the Contract. The Provider is entitled to change the Application at any time and without prior notice to the User, and the User acknowledges and agrees. The Provider is also entitled to change and modify the Application without the consent of Users who have already concluded the contract.
⦁ The User is obliged to pay a fee for using the Application. The cost will be automatically deducted by the Provider from the Deposit upon the entry of the User into the Tournament. The Provider is entitled to change the amount of the fee, the Deposit, and the number of Tournaments available to the User from the Provider for the future period for which the User has not paid the cost so far.
⦁ Obligations of the User while using the application and User´s declaration
⦁ To open the User Account and in connection with the conclusion of the contract, the User is obliged to provide the Provider with complete and truthful information. The User is also obliged to provide complete and truthful information in his / her User Account. Furthermore, the User is obliged to notify the Provider immediately of any changes to this information.
⦁ Every User is responsible for complying with all laws. The User acknowledges that the Provider is not liable if the laws that apply to the User restrict or prohibit its participation.
⦁ The User declares and warrants to the Provider that he / she is fully legal, i.e. that he / she is capable of acquiring rights for himself / herself and committing himself / herself to obligations or to act legally, especially concerning his / her age and limited by Sections 55-65 of Act No. 89/2012 Coll., the Civil Code.
⦁ The User undertakes not to use the Application in any way that would in any way violate the rights of the Provider or third parties or that would violate legal regulations. In particular, the User is prohibited from:
⦁ Submitting, through the Application, any communication with inappropriate, deceptive, or harmful content, or with content that would harm the Provider or third parties or would be contrary to good morals.
⦁ Post hate speech, pornographic content, speech inciting violence or suppression of fundamental human rights and freedoms, and other content that could damage the Provider's good reputation through the Application.
⦁ Embed or use Content that is copyrighted and not licensed by the User through the application
⦁ Use the Application for illegal activities.
⦁ Send unsolicited commercial messages or spam through the Application.
⦁ The Provider is entitled to remove or block the Content without prior notice if it would be in conflict with these Terms and Conditions, law, or good morals. In order to investigate violations of these Terms and Conditions, the Provider is entitled to check the User Content, with which the User expresses his consent.
⦁ The User is obliged to secure and protect his / her login data for the Application. The user is not entitled to disclose the login data to a third party. If the User discovers the misuse of his / her login data by a third party, he / she shall immediately notify the Provider, who is entitled to block the login data and expose the User to a new one. The Provider is entitled to request verification of the User's identity for issuing new login data.
⦁ The User undertakes to use his / her User Account exclusively by himself / herself and not to provide it for use by a third party. Without the knowledge and consent of the Provider, the User may not transfer his account to another person.
⦁ A User may have only one User Account.
⦁ The User is obliged to immediately notify the Provider of any failures, discrepancies, or errors in the Application trough of the Provider's e-mail address stated on the Website. Provider's technical support is provided to the User via the website, e-mail communication, or by telephone, according to the Provider's choice.
⦁ The User is prohibited from hacking, altering, affecting the appearance or functionality of the Application in any way, or from performing any activity that could overload or impair the stability, security, or operation of the Application or related software or hardware. If this activity is detected, the Provider may prevent the User from accessing the Application without prior notice.
⦁ The User hereby agrees to be solely responsible for any damage, costs, or expenses arising from or related to the unauthorized use of the Application and acknowledges that in the event of asserting third party rights against the Provider as a result of User breach of these Terms and Conditions, assumes its full responsibility, which in such cases the liability arises directly against third parties or subsequently after the Provider asserts a third party's claim against the User.
⦁ The User is also obliged to immediately inform the Provider whenever he believes that someone is using the Application illegally, and at the same time, he is obliged to provide the Provider with reasonable assistance in the eventual investigation of the matter in the light of the information provided.
⦁ The User accepts sole responsibility for the actions taken by the User when using the Application.
⦁ The User acknowledges that there may be a temporary restriction or interruption of the availability of the Application, in particular, due to the upgrade and maintenance of the Application, force majeure, acts of a third party or the User, power failure, or connectivity. Force majeure means, i.a. a failure of the server or other hardware used to ensure the operation of the Application, or unavailability of the Application due to malfunction of services provided by third parties. The provider is not responsible for malfunctions or server problems caused by server hosting.
⦁ The User acknowledges that by concluding the Agreement he does not acquire exclusive right to use the Application and agrees that other persons, including the Provider himself, may use the Application.
⦁ By uploading the Content to the Application, the User gives the Provider the right and license to use, record, reproduce, publish, send, and otherwise use the Content to provide the Services to the User and for improving and analyzing the Application.
⦁ The User acknowledges that the Application, any graphic element, or other copyrighted work contained in the Application or on the Website is a copyrighted work of the Provider's copyright and may not be redistributed, copied, or used for any purpose.
⦁ Tournament Rules
⦁ Each tournament has its own unique rules defined by the organizer of the tournament before its start (hereinafter referred to as the “Tournament Rules”).
⦁ Entry to the Tournament is subjected to the payment of a pre-agreed Entry Deposit. The Summary of Entry Deposits after the deduction of the Provider's remuneration represent the Tournament Winnings.
⦁ By signing up for a tournament, the User agrees to the given Tournament Rules which must be followed throughout the tournament.
⦁ The Organizer has the right to change the Rules of the Tournament especially if they could improve the course of the tournament. The organizer must notify all participating players of this change as soon as it is made.
⦁ Prizes announced by the Provider before the tournament are not enforceable in court.
⦁ By violating the Tournament Rules, the user loses entitlement to the Prize even though he has otherwise succeeded in the Tournament.
⦁ The Rules of the Tournament set the conditions for determining the User who is the Winner of the Prize.
⦁ The Liability of a Provider
⦁ The Parties agree that the Provider shall not be liable for the loss or misuse of the Content for any reason (in particular due to force majeure, acts of a third party or the User, power failure, or connectivity). In this case, the User gives up the right to compensation for any damage. The User is obliged to ensure the backup of all Content through its data backup. The Provider is not responsible for the loss of the User's data.
⦁ The Parties agree that the Provider shall not be liable for any damage (including lost profit) that would arise as a result of using the Application or due to limitation or interruption of its availability. because the Application will be closed. In this case, the User gives up the right to compensation of damage.
⦁ The Provider shall not be liable for the Content or any breach of third party rights. The User is solely responsible for the Content. In case that a legitimate claim of third parties against the Provider arises due to the activity of the User or its Content, the User is obliged to compensate the Provider, which was caused to the Provider. The Provider may unilaterally set off the claim for compensation from the paid Deposit and unpaid Prize of the User.
⦁ The User makes no doubt that due to the nature of the Application the Provider is not responsible for any damage caused to the User as a result of any use of the Application.
⦁ Payment Terms
⦁ The Provider will allow the User to use the Application. The Application functions will be available to the User after payment of the fee.
⦁ The fee is paid by the User in the Application by paying the Deposit to the Tournament, where the Payment shall be automatically deducted from the Deposit by the Provider upon the User's entry into the Tournament.
⦁ The User will pay the Deposit into the Tournament only through on-line card payment through the payment gateway connected to the Application. All Deposits shall be deemed to have been paid by crediting the entire relevant financial amount to the relevant bank account.
⦁ The Provider reserves the right to request confirmation and verification of all Deposits made by the User from the User. The User hereby makes it undisputed that in the event of any dispute, the Provider may require such confirmation of the paid Deposits. All payments must be made from the bank or payment account for which the User is the designated account holder.
⦁ Already paid Deposits are non-refundable.
⦁ The Winnings will be paid to the User designated by the Provider as the winner of the Tournament by the Rules of the Tournament, within 48 hours after delivery of the User's request for its payment.
⦁ Any claims for a refund of the Deposit or the provision of Winnings from all Tournaments are not enforceable in court.
⦁ The User is obliged to fulfill his / her tax liability incurred in connection with the use of the Application. The User acknowledges that the Prize is directly taxed by the User as part of his income tax return.
⦁ Data protection and Commercial communications
⦁ The protection of the User's personal data is provided by the Provider in accordance with Act No. 101/2000 Coll., On the protection of personal data and on amendments to certain acts, as amended (hereinafter referred to as the “Personal Data Protection Act”).
⦁ The User has given his or her express consent to the processing of personal data about him / her to the extent that he / she provided to the Provider (hereinafter referred to as the "Personal Data"). Consent to the processing of Personal Data is provided for the time necessary to exercise and fulfill all rights and obligations arising from the Contract and from valid and effective legislation.
⦁ The User has given his or her express consent to the processing of personal data by the Provider as a controller in accordance with the Personal Data Protection Act for the purpose of fulfilling the obligations arising from the Contract and from valid and effective legislation. The User notes that the Provider may authorize a third party as a processor under the conditions specified in the Personal Data Protection Act.
⦁ By agreeing to the Terms and Conditions, the User confirms that he was informed about the processing of their personal data and their rights by the Provider in accordance with Paragraph 11 of the Law Personal Data Protection Act.
⦁ The User confirms that his / her Personal Data were provided on a voluntary basis.
⦁ The User has given his or her consent to storing the User's Content and Personal Data through the Application and that these may also be stored and backed up on third-party devices.
⦁ The Provider is not responsible for any unauthorized interference by third parties as a result of which these persons have unlawfully accessed the Personal Data or Content of individual Users and misuse or disclose such Personal Data or Content to other persons. The User declares that he / she is aware of the risks for him / her from the above mentioned unauthorized interventions of third parties.
⦁ The Provider may use the Content and Personal Data to improve and individualize the capabilities and settings of the Application. The Provider may also use personal data to communicate with the User, for example when submitting information about the Application. The Provider may use the Content and Personal Information to serve the User an appropriate advertisement.
⦁ The User agrees that the Provider's Commercial or other communications shall be sent to his / her email address or via the User Account by electronic means pursuant to Act No. 480/2004 Coll., On Certain Information Society Services. The user consents to the draft voluntarily and with the knowledge that he / she can revoke it at any time free of charge. Consent have been granted for an indefinite period.
⦁ Final provisions
⦁ The Contracting Parties agree that the applicable law is the legal order of the Czech Republic.
⦁ Any disputes arising from the Contract shall be resolved by the courts of the Czech Republic. The Contracting Parties have agreed that the general court of the Provider shall have jurisdiction to settle disputes.
⦁ The User agrees that the Provider may use him / her as a reference User. For this purpose, the User provides the Provider permission to use its Content in the Application and on the Website.
⦁ The Contracting Parties have agreed that the Provider may unilaterally change these Terms and Conditions in any way. The new version of the Terms and Conditions becomes effective at the moment of the publication of the new version of the Terms and Conditions on the Website.
⦁ Legal acts, announcements or other communications, including any calls, envisaged by these Terms and Conditions may be made between the parties in writing or by e-mail communication, using the e-mail address of the Provider stated on the Website and the e-mail address of the User specified during the opening of the User Account.
⦁ The Contracting Parties declare that none of them is considered to be a weaker party, either in the commitments entered into by the Contract or in the procedure which led to its conclusion, or in relation to the content of the Contract, and further declare that it shall be liable for each of the Parties to what that Party has undertaken by this Agreement.
⦁ If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalidity or ineffectiveness of this provision shall not invalidate the Agreement and the Terms and Conditions as a whole or other provisions of the Contract or the Terms and Conditions, in case these invalid or ineffective provision is severable from the rest of the Contract, Terms and Conditions respectively.
⦁ The User declares that he / she has read these Terms and Conditions properly, understood their content and the meaning of all provisions and clauses was sufficiently explained and that he / she accepts them in full amendments and without reservation, which confirms by sending the completed form according to these Terms and Conditions. The User further declares that these Terms and Conditions do not contain any clause or provision that would be incomprehensible or particularly disadvantageous to the User or that he could not reasonably expect pursuant to the provisions of Paragraph 1753 and Paragraph 1800 of the Civil Code.
⦁ These Terms and Conditions shall be valid and effective as of 1.1.2019
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