User Agreement
Last updated: September 10, 2025
Preamble
This Agreement governs the relationship between the Licensor, Only Games LLC (ООО «Только игры»), and the Licensees (Users) regarding the use of the Platform, including, without limitation, the Services and the Website.
By accepting the terms of the Agreement, the User:
(A) confirms that they have read, understood, and unconditionally accepted the terms of this Agreement, as well as the terms of the other Special Rules (as defined below), and warrants that they will comply with them in connection with their use of the Platform;
(B) acknowledges and agrees that they have independently assessed the need to use the Platform and do not rely on any representations, warranties, or statements other than those expressly set out in this Agreement;
(C) represents and warrants that they may lawfully enter into contracts (for example, that the User has reached the age of legal capacity under applicable law). If the User is a minor, such User must review the Agreement with the assistance of their parents/legal representatives. THE COMPANY recommends that parents or legal representatives supervise their children's online activities. To protect children's privacy, THE COMPANY recommends that parents or legal representatives ensure that their children never disclose their personal data without the prior consent of their parents or legal representatives. THE COMPANY reserves the right to restrict access to the Platform and/or individual Services depending on age and may allow minors to register on the Platform only with the written consent of their parents/legal representatives. THE COMPANY reserves the right to request written proof of parental/legal representative consent with respect to any User or prospective User of the Platform whom THE COMPANY has reason to believe may be a minor. In all cases, use of the Platform by minors shall be under the responsibility of their parents or legal representatives, and it is presumed that any use of the Platform has been approved by them; and
(D) represents and warrants that they do not access the Platform using a VPN ("virtual private network") or similar tools.
Otherwise, use of the Platform is prohibited.
1. TERMS AND DEFINITIONS
In this Agreement, the following definitions, when capitalized, have the following meanings:
"Website" means https://onlygames.ru, https://onlygames.fans, https://onlyid.ru, https://onlymvp.gg, https://onlystream.ru, https://onlysell.gg, https://onlymarket.gg, https://onlynews.gg, as well as any and all websites of the Services indicated on such website, and all domains and subdomains of subsequent levels.
"In-Game Items" means virtual in-game valuables, including objects, goods, elements of the game world, and In-Game Currency, as well as statuses, attributes, or other characteristics of virtual in-game items and/or characters, and in-game achievements that may be available for acquisition in a Game and/or a related Platform service, whether for consideration or as a reward for certain User activity in a Game and/or on the Platform.
"In-Game Currency" means a virtual in-game valuable that has no monetary value and is not subject to monetary valuation, although it has a price at the time of acquisition.
"In-Platform Items" means virtual valuables available for use on the Platform, including objects, goods, elements of the game world, and In-Platform Currency, as well as statuses, attributes, or other characteristics of virtual items and/or characters, and achievements that may be available for acquisition and use on the Platform, whether for consideration or as a reward for certain User activity on the Platform.
"In-Platform Currency" means a virtual valuable available for use on the Platform that has no monetary value and is not subject to monetary valuation, although it has a price at the time of acquisition.
"Gift" means a method of delivering a digital product consisting of THE COMPANY's service of arranging delivery of the digital product and third-party services for topping up third-party Platforms (for example, Steam). To receive the digital product, the User must take the actions required to accept the digital product as a "gift" on the third-party Platform.
"Games" means any games (other than gambling) that are computer programs, including for personal computers (PCs), Xbox, PlayStation, and Nintendo gaming and television devices, and games for mobile devices, owned by THE COMPANY, its affiliates, and/or its partners, and/or used by them, as indicated on the Platform and/or on a Third-Party Platform (as applicable).
"Key" means a unique set of characters that enables a third party to identify the copy of a digital product used by the User, including in-game items or virtual valuables obtained as a result of activating the Key.
"COMPANY" means Only Games LLC (ООО «Только игры»), OGRN: 1257700352140, registered at the address: 105082, Moscow, Spartakovskaya sq., 14, building 3, room 96/2, being the rights holder and operator of the Platform.
"Unacceptable Content" means any type of content or conduct in the course of using the Platform that is either unlawful or unacceptable under generally accepted moral standards, including, without limitation, the following examples:
(i) engaging in or facilitating any unlawful activity or activity that infringes the rights of others;
(ii) content that is or may reasonably be regarded as unlawful, harmful, offensive, defamatory, libelous, obscene, or otherwise undesirable and unacceptable;
(iii) providing information that is false, misleading, or inaccurate;
(iv) disclosing any personal or private information of another User or any other person, or otherwise invading another person's privacy;
(v) abuse, harassment, stalking, threats, public exposure, or intimidation of any person or any organization;
(vi) profanity or the use of derogatory, discriminatory, hateful, or excessively graphic language;
(vii) any content that may harm minors;
(viii) dissemination and/or promotion of hatred, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime, or war;
(ix) insulting, vulgar, sexually explicit, or pornographic content;
(x) promotion of the use of alcohol, tobacco, or any narcotic or prohibited substances, or the use of firearms;
(xi) transmission of software viruses, worms, or any other type of malicious software, except for game cheat codes and trainer programs for learning games;
(xii) unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of unwanted advertising;
(xiii) hacking;
(xiv) infringement of any intellectual property rights or unlawful provision/disclosure of information (insider information, confidential information, or other private or legally protected information);
(xv) other unacceptable content or conduct.
"Platform" means the computer program "Only Games" owned by the Company and its subsequent versions, available at https://onlygames.ru/, its subdomains, and on other websites of the Company's Affiliates, including, without limitation, the Website and all Services.
"Third-Party Platform" means any platform operated by a third party where the User may access and download Games and other digital products, including (i) the Steam platform operated by Valve Corporation and/or its affiliates, (ii) third-party consoles, in particular Microsoft Xbox, PlayStation®, and Nintendo (if the Game is intended for consoles), (iii) third-party mobile platforms, for example, the App Store platform operated by Apple or the Google Play platform operated by Google (if the Game is intended for mobile devices), (iv) any cloud platforms providing online access to Games via access to remote servers, for example, the Google Stadia cloud platform operated by Google.
"Privacy Policy" means, if the User resides in the CIS: the Only Games Privacy Policy available at https://legal.onlygames.ru/terms_og/privacy_og, which defines the terms and procedure for processing information in the course of using the Platform; if the User resides outside the CIS: the Only Games Privacy Policy available at /legal/privacy and the Only Games Cookie Policy available at /legal/cookies, which define the terms and procedure for processing information in the course of using the Platform.
"User" means an Internet user who has created an Account on the Platform and who satisfies all criteria listed in the Agreement.
"User Content" means any comments, text or voice messages, photographs, graphic images, videos, sounds, musical works, and other materials, data, and information, as well as links thereto, uploaded, transmitted, published, or otherwise distributed by the User to other Users and/or THE COMPANY during use of the Platform (excluding the User's personal data, which are subject to the Privacy Policy).
"Rights to Non-Activated Data and Commands" means rights acquired by the User for a fee that allow an increase in the number of In-Platform Items available to the User on the Platform and, where provided by the Game's license agreement, the number of In-Game Items available to the User in the Game.
"Services" means sections of the Platform such as "Only Games News," "Only Games Esports," "Only Games Marketplace," "Only Games Streaming," "Only Games Cloud," "Only Games Exchange," and other projects indicated on the Website, including "Only Games Publishing."
"Support Service" means the Platform support service that considers User requests in the manner described in clause 12.6 of this Agreement.
"Agreement" means this legal document available at /legal/terms, which defines the terms and procedure for use of the Platform.
"Special Rules" means special terms of use of the relevant Services.
"Account" means the User's account on the Platform.
2. GENERAL PROVISIONS
2.1. DESCRIPTION OF THE PLATFORM LICENSE
The Platform is a computer program whose sections form a set of Services containing, among other things, information about Games and news of the gaming industry and esports, and enabling Users to watch game streams, participate in esports tournaments, independently post (publish) User Content, subject to the terms of the Agreement, the Special Rules, the applicable laws of the Russian Federation, and provisions of international law, and also providing Users with access to Games of THE COMPANY, its affiliates, and partners.
Under the terms of the Agreement, THE COMPANY grants the User, via a web interface and/or mobile interface and/or applications for personal computers and/or mobile devices and other tools, the right to use the Platform by providing remote access to the Platform via the information and telecommunications network "Internet." The right to use activated data and commands of the Platform is granted to Users free of charge, provided that they fully comply with the provisions of this Agreement. Rights to non-activated data and commands are granted for a fee. Until receipt of confirmation of payment of the fee, THE COMPANY may refuse to grant the User Rights to Non-Activated Data and Commands, or grant such rights in a limited scope. THE COMPANY's obligation to grant Rights to Non-Activated Data and Commands with respect to In-Platform Items is deemed performed by THE COMPANY at the moment such In-Platform Items are reflected in the User's Account. The User may use the Platform during the term of this Agreement in the above ways worldwide.
2.2. RESTRICTIONS ON USE OF THE PLATFORM
The User may not:
modify, adapt, decompile, disassemble, or otherwise alter the Platform and/or any of its components and any access to intellectual property made available to the User in the course of using the Platform; distribute for commercial or non-commercial purposes the Platform and/or any of its components and any access to intellectual property made available to the User in the course of using the Platform, make copies or screenshots, whether by distribution on physical media or by making them available for download by third parties from the Internet; translate the Platform and/or any of its components into other languages or create other derivative works in respect of the Platform and/or any of its components; attempt to circumvent any security measures implemented in the Platform, including IP-address access blocking; use the Platform in any other manner not contemplated by this Agreement, the Special Rules, or outside the ordinary course of use.
2.3. RIGHTS TO THE PLATFORM
The User agrees and acknowledges that any and all rights not expressly granted under this Agreement are reserved by THE COMPANY, its affiliates, and/or partners (as applicable).
Intellectual property rights granted under this Agreement are licensed, not sold, and do not confer any rights or title to the Platform.
2.4. SPECIAL RULES
This Agreement is supplemented by and shall be construed together with the Privacy Policy.
A reference to the Agreement also includes the relevant Special Rules, as well as all pages, annexes, policies, guidelines, specifications, user guides, and supporting materials that THE COMPANY makes available to the User, unless the context requires otherwise. Special Rules may be annexes to this Agreement or separate documents. If a Service has a specific set of Special Rules, this Agreement applies to the relationship between THE COMPANY and the User to the extent that its terms do not conflict with the terms of such specific document. If no such set of rules exists, the provisions of this Agreement apply.
Use of Games and Keys available on the Platform, and of other intellectual property objects to which access is granted to the User in the course of using the Platform, is governed by separate license agreements and other documents that the User enters into directly with the rights holders/developers/operators of such Games and other digital products. If the User downloads/purchases a Game or Key through any third-party platform, the User is advised to review and act in accordance with the terms of the relevant Games, digital products, or platform used to activate the Key, which may change from time to time and may provide for certain additional requirements applicable when downloading the Game through such platform, installing it, and using it.
If, as a result of a technical error, a Platform malfunction, or deliberate actions of the User, the User obtains the ability to use In-Platform Items other than in the manner established by this Agreement, the User undertakes to notify THE COMPANY of such fact and to pay THE COMPANY a fee for such use, or to eliminate all consequences of the unlawful use of In-Platform Items. THE COMPANY may independently, without notice to the User, eliminate such consequences.
3. USER ACCOUNT
3.1. REGISTRATION PROCEDURE
To use the Platform, the User must create an Account, in particular by completing a registration form or creating an Account using their social network account or Third-Party Platform account.
When registering an Account, the User may complete the registration form with data that the User considers sufficient for their identification on the Platform as a unique user, as well as the fields of the registration form that are mandatory for the User when using the Platform.
THE COMPANY, its affiliates, and/or partners may confirm receipt of the User's online application to create an Account electronically to the email address or via an SMS message to the phone number specified by the User (this does not apply to an Account created by the User using their social network account).
The Platform is a service of the OG Ecosystem (https://onlygames.ru/). Registration and/or authorization on the Platform is possible using the OnlyID tool, which is a tool of the OG Ecosystem. The OG Ecosystem is a common space for interaction among users, services, and specialized tools designed to improve the convenience of using services familiar to Users.
The OnlyID tool, provided by Only Games LLC (ООО «Только игры»), OGRN: 1257700352140, registered at the address: 105082, Moscow, Spartakovskaya sq., 14, building 3, room 96/2, enables User registration and/or authorization in services, performs the functions of creating and maintaining the User's account in the OG Ecosystem, provides the User with the functionality of unified secure management of account data in the OG Ecosystem, connecting or disconnecting services needed by the user in the User's account in the OG Ecosystem, as well as autofilling User data in OG Ecosystem services and in other services / Sites / information resources of third parties in which the OnlyID tool is used, for the purpose of performing agreements with the User of the OG Ecosystem.
Registration and/or authorization on the Platform via the OnlyID tool constitutes consent to the OG Ecosystem User Agreement, which is publicly available on the Internet at: https://legal.onlygames.ru/id/terms, and the OG Ecosystem Privacy Policy, which is publicly available on the Internet at: https://legal.onlygames.ru/id/privacy, this Agreement, and the Privacy Policy.
If the password to an account created by the User on a social network or Third-Party Platform that is used to access the Platform is lost, such password may be restored by the User solely by the methods provided under the applicable rules of such social network or Third-Party Platform.
THE COMPANY reserves the right to change and supplement the methods of creating an Account, unless otherwise expressly provided by applicable law.
Upon registration, the User agrees to receive, via THE COMPANY's Services and/or third-party services, emails, SMS messages, and other types of informational mailings, including service-related content, and, where the User has given consent, advertising content.
3.2. TRANSFER OF THE ACCOUNT
The User's Account is intended for the User's personal non-commercial use. Users are informed and agree that the information provided when opening their Account is presumed to establish their identity. Users warrant that all information provided is accurate and up to date. Users undertake to update such information in their Account immediately upon any change so that it always meets these criteria. The User may not share the Account or their login and password, or allow anyone to access their Account, or take any other actions that may threaten the security of the Account. Users must keep their login and password confidential.
If the User becomes aware of or reasonably suspects any security breach, including, without limitation, any loss, theft, or unauthorized disclosure of the login and password, the User must immediately notify THE COMPANY and change their login and password. In the absence of such timely notice, THE COMPANY cannot guarantee the security of use of the Platform.
The User is prohibited from distributing, using, or intentionally obtaining any information that provides access to another User's Account, as well as from distributing links to third-party resources containing such information. It is prohibited to use or attempt to use another User's Account without permission from the User and THE COMPANY, in particular to log into an Account registered by another User upon obtaining such information or otherwise.
THE COMPANY cannot be liable for and cannot guarantee the security of the User's Account in cases of: transfer by the User to third parties (intentionally or negligently) of the password and Account credentials; access by third parties to the User's Account as a result of the User's use of forms located on external Internet sites to access the Platform, using software tools that enable password guessing and/or decoding; access by third parties to the User's Account by simple guessing of the password and Account credentials; the User's failure to follow the recommendations set out in the Agreement, unless otherwise expressly provided by applicable law.
4. PAYMENT TERMS
4.1. GAMES, IN-GAME ITEMS AND IN-GAME CURRENCY. IN-PLATFORM ITEMS AND IN-PLATFORM CURRENCY
THE COMPANY acts as an agent of the rights holders/developers/operators of Games for the purpose of granting the User rights to use Games, including by providing remote access to them via the information and telecommunications network "Internet," and payment for Non-Activated Data and Commands within certain Games. The license agreement for the relevant Game is available on the website of the rights holder/developer/operator and/or during installation of the Game.
The User is obliged to independently review the terms of the relevant rights holder/developer/operator regarding obtaining and using the Game and In-Game Items, including In-Game Currency, before clicking the "Proceed to Payment" button at the final stage of placing an order on the Platform or a similar button.
By clicking the "Proceed to Payment" button or a similar button, the User confirms that they have reviewed the procedure for purchasing Games and In-Game Items, including In-Game Currency, on the Only Games Platform.
The User acknowledges that THE COMPANY may provide the User with the opportunity to acquire, whether for consideration or free of charge, rights to use certain Games, as well as additional In-Game Items, including In-Game Currency, within certain Games, from the rights holders/developers/operators of such Games.
Payment is made by the User in the currency of the relevant territory, according to the conversion procedure established by the Platform, through supported payment methods. The list of available payment methods is set out in the relevant sections of the Platform. The amount of payment is determined by THE COMPANY, in particular based on the volume of non-activated data and commands the right to use which is granted to the User. THE COMPANY may engage third parties to facilitate payments. The User reviews the terms on which such persons provide payment methods, as well as the amounts of any fees, before payment.
The User confirms and agrees that, due to circumstances beyond THE COMPANY's control, delays may occur in receiving payment information from the payment processing system in respect of the User's purchases. Subject to no such circumstances arising, THE COMPANY will reflect the User's purchases as soon as reasonably practicable after receipt of payment.
In-Game Currency is not a means of payment and serves solely as a medium of exchange for other In-Game Items. As a general rule, In-Game Currency cannot be exchanged for money or other valuables, except for other In-Game Items in the ordinary course of gameplay. Any unused In-Game Currency cannot be converted back into money. Where the functionality of the Game and/or other services of the Game's licensor, THE COMPANY, and/or its affiliates provides such an opportunity, Users may be permitted to exchange In-Game Items with one another, including for In-Game Currency.
In-Platform Currency is not a means of payment and serves solely as a medium of exchange for other In-Platform Items, including providing a discount on In-Platform Items and/or game Keys. As a general rule, In-Platform Currency cannot be exchanged for money or other valuables, except for other In-Platform Items in the ordinary course of using the Platform. Any unused In-Platform Currency cannot be converted back into money. Where the functionality of the Platform or Services of THE COMPANY and/or its affiliates provides such an opportunity, Users may be permitted to exchange In-Platform Items with one another, including for In-Platform Currency.
4.1.1. SERVICES FOR ARRANGING DELIVERY OF A DIGITAL PRODUCT
The User may purchase THE COMPANY's services for arranging delivery of a digital product. THE COMPANY provides services for arranging delivery of a digital product to the User in the manner indicated on the digital product page on the Platform, including by delivering a Key or in the form of a Gift.
When purchasing THE COMPANY's services for arranging delivery of a digital product, the User represents to THE COMPANY that, prior to purchase, the User has reviewed and agrees with the description of the digital product, the system requirements of the equipment necessary to use the digital product, any restrictions that may be established with respect to the digital product or Key, including the terms and territory of Key activation, the method of delivery of the digital product, and other information relating to the digital product or Key and their use that is available on the Platform, on the digital product page on the Platform, and during the purchase of THE COMPANY's services.
The cost of THE COMPANY's services for arranging delivery of a digital product, as well as any restrictions that may be established with respect to the digital product or Key, including the territory in which Key activation is possible, are indicated on the digital product page on the Platform.
If THE COMPANY provides services for arranging delivery of a digital product by delivering a Key, the Key is displayed in the User's profile on the Platform in the "purchases," "transactions," or similar section within three business days from the date payment for the service is credited to THE COMPANY's settlement account.
THE COMPANY's obligations to arrange delivery of a digital product by delivering a Key are deemed duly and fully performed from the moment the Key is displayed in the User's profile on the Platform. If the Key is not received or cannot be activated, the User must inform THE COMPANY of this no later than five days from the date of payment. If THE COMPANY does not receive notice from the User of non-receipt of the Key within the specified period, THE COMPANY's obligations are deemed duly and fully performed.
The User may not transfer obtained Keys to third parties. A Key has individually determined properties and may be used exclusively by the User who acquires it.
If THE COMPANY provides the service of arranging delivery of a digital product in the form of a Gift, the digital product is sent to the User within three business days after the User completes all actions indicated on the digital product page on the Platform and during payment for the Gift.
THE COMPANY's obligations to arrange delivery of a digital product in the form of a Gift are deemed duly and fully performed from the moment the digital product is sent on the Third-Party Platform using the details specified by the User.
If the User is unable to receive the digital product, including activating an obtained Key, the User should contact the Platform support service, and THE COMPANY will use reasonable efforts to resolve the issue within one month from the date of the request.
4.1.2. LIMITATIONS
THE COMPANY does not guarantee that:
(i) the In-Platform Items, Games, and/or In-Game Items desired by the User will be available at the time they are credited to the User's Account,
(ii) the User will be able to use In-Platform Items, Games, other digital products, Keys, and/or In-Game Items for an indefinite or desired period,
(iii) the User will be able to exchange In-Game Currency for any or particular In-Game Items,
(iv) the characteristics or intended use of In-Platform Items, a Game, another digital product, a Key, and/or In-Game Items will remain unchanged throughout use of the Game or Platform, or will meet the User's expectations or preferences.
THE COMPANY is not liable for the User's loss during gameplay of In-Game Items, including In-Game Currency, obtained as a result of participating in a Game.
THE COMPANY is not liable for the User's loss during use of the Platform of In-Platform Items, including In-Platform Currency, obtained as a result of using the Platform.
Taking into account the technical complexity of the Platform and the resources used for its operation, THE COMPANY performs regular diagnostics of the Platform during its technical maintenance. THE COMPANY may remove from the User's Account In-Platform Items, including In-Platform Currency, Games, In-Game Items, including In-Game Currency, that are already displayed in the User's Account if the above diagnostics reveal that such In-Platform Items, including In-Platform Currency, Games, In-Game Items, including In-Game Currency, were displayed in the User's Account in error, including as a result of a defect or error on the Platform, or as a consequence of fraudulent actions of any Users or third parties, as well as if the presence of such In-Platform Items, including In-Platform Currency, Games, In-Game Items, including In-Game Currency, may cause incorrect operation of the Platform. The license agreement for a particular Game may provide for similar rules.
4.2. REFUNDS
The User may request reimbursement from THE COMPANY for orders or purchases on the Platform through the Support Service.
Without prejudice to the foregoing, the User understands and agrees that all payments made by the User on the Platform are final. In-Platform Items, including In-Platform Currency, Games, other digital products, Keys, In-Game Items, including In-Game Currency, are not subject to return or exchange, unless otherwise provided by applicable law. By acquiring In-Platform Items, including In-Platform Currency, Games, Keys, In-Game Items, including In-Game Currency, as well as by exchanging In-Game Currency for other In-Game Items or exchanging In-Platform Currency for In-Platform Items, the User understands and agrees that (i) the User's access to a Game may be terminated in accordance with the license agreement for such Game and/or (ii) a Game may be discontinued at any time for any reason, and that such events do not entitle the User to reimbursement of any amounts paid for any used or unused Games, Keys, In-Game Items, including In-Game Currency, unless otherwise provided by applicable law; and/or (iii) the User's access to the Platform may be terminated in accordance with the Agreement and/or (iv) the Platform may be closed (discontinued) at any time for any reason, and that such events do not entitle the User to reimbursement of any amounts paid for any used or unused activated data and commands, In-Platform Items, including In-Platform Currency, unless otherwise provided by applicable law. In addition, expenses and purchases are not refundable if the User is dissatisfied with the Platform, an In-Platform Item, In-Platform Currency, a Game, another digital product, and/or an In-Game Item.
4.3. PARENTAL CONSENT
If the User is a minor under applicable law, the User may acquire certain Rights to Non-Activated Data and Commands, Games, other digital products, Keys, as well as In-Game Items, including In-Game Currency, within certain Games only with parental consent. THE COMPANY may from time to time request confirmation of parental consent.
If THE COMPANY discovers that parental consent was not given by the User's parent/guardian, or if the User fails to provide confirmation of parental consent, THE COMPANY may remove from the User's Account Games and In-Game Items, including In-Game Currency, that are already displayed in the User's Account, and may also apply other sanctions provided by the Agreement.
5. USER CONTENT
5.1. WARRANTIES REGARDING USER CONTENT
By transmitting or submitting any User Content, the User confirms, represents, and warrants that such transmission or provision is (a) accurate and non-confidential; (b) does not violate the Agreement, any applicable laws and rules, or the rights of third parties, and that the User has permission from any third party whose personal information or intellectual property is included in the User Content; (c) such User Content does not contain viruses, adware, spyware, worms, or other malicious code; (d) the User acknowledges and agrees that any of their personal information within such content will always be processed by THE COMPANY and/or its partners/affiliates in accordance with the Privacy Policy.
5.2.
THE COMPANY reserves the right, in its sole discretion, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content without prior notice. THE COMPANY is not liable for the conduct of any User providing any User Content and is not responsible for monitoring the Platform for Unacceptable Content or improper User conduct, unless otherwise expressly provided by applicable law. THE COMPANY does not pre-screen or control, and cannot pre-screen or control, all User Content.
5.3.
The User acknowledges and agrees that they use the Platform at their own risk. By using the Platform, the User may encounter Unacceptable Content of other Users that is offensive, obscene, or otherwise inconsistent with their expectations. The User bears all risks associated with the use of any User Content of other Users available within the Platform. At THE COMPANY's discretion, its representatives or technologies may monitor and/or record the User's interaction with the Platform or interactions with other Users. By entering into this Agreement, the User hereby gives their irrevocable consent to such monitoring and recording. If at any time THE COMPANY, in its sole discretion, decides to monitor the Platform, THE COMPANY nevertheless bears neither full nor limited liability for User Content, unless otherwise expressly provided by applicable law. THE COMPANY has the right, in its discretion, to edit any User Content, refuse to publish it, or delete any User Content without notice to the User.
5.4.
The User bears full responsibility for User Content, including the content of messages sent or published within the Platform, publicly published and/or transmitted via the Platform. This means that the User is fully responsible for all User Content that the User uploads, sends, receives, transmits, or otherwise makes available via the Platform. THE COMPANY does not control User Content and therefore does not guarantee the accuracy, completeness, or quality of User Content.
5.5. LICENSE TO USER CONTENT
If the User makes any User Content available to other Users and/or THE COMPANY by distributing it during use of the Platform, the User grants THE COMPANY and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free, sublicensable, limited license to use such User Content by any lawful means, in particular to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, and create derivative works in respect thereof. This license is deemed granted to THE COMPANY for the entire term of the intellectual property rights in such User Content as soon as it is distributed on the Platform or from the moment THE COMPANY otherwise acquires such rights, in particular from its affiliates.
The Platform may provide Users with the ability to post User Content that will be publicly available to all Internet users or to all users of the Platform or a particular Service. By using the Platform, the User understands and agrees that, by uploading User Content to the Platform, the User grants access to it to the above persons by default.
The User agrees that the Company may use the functional and technical capabilities of the Platform that enable display of User Content posted by the User, at its discretion, including for the purpose of displaying advertising information.
Except as provided by the Agreement and the applicable laws of the Russian Federation, no User Content may be copied (reproduced), adapted, distributed, displayed, published, downloaded, transmitted, sold, or otherwise used in whole or in part without the prior permission of THE COMPANY or the relevant rights holder, except where the rights holder has expressly consented to free use of the User Content.
6. CODE OF CONDUCT
6.1. GENERAL TERMS OF USE OF THE PLATFORM
In the course of using the Platform, the User undertakes not to perform the following actions:
upload, transmit, publish, or otherwise distribute files containing viruses, Trojan programs, worms, or any other malicious software or programs that may disrupt the operation of a computer or damage the property of other Users, or otherwise disrupt the uninterrupted operation of the Platform; use the Platform to publish or distribute any unwanted advertisements, surveys, promotional materials, "junk mail," "spam," chain letters, "pyramid schemes," or any other forms of unlawful solicitations, duplication, or unwanted messages (commercial or otherwise); create a false identity for the purpose of misleading any other person; disclose and/or publish personal data of other users; use the Platform without THE COMPANY's special permission to collect any information or content posted thereon, and use automated scripts (programs, bots, crawlers) to collect information on the Platform and/or interact with the Platform and its functionality; violate any applicable laws or regulations, this Agreement, the Special Rules, or Game license agreements.
6.2. GENERAL TERMS OF VIRTUAL COMMUNICATION WITH OTHER USERS
When posting any User Content in forums, chats, or other virtual spaces intended for communication, the User undertakes not to upload, transmit, publish, or otherwise distribute Unacceptable Content, including:
User Content that infringes any intellectual property rights, including any rights, licenses, or consents arising under copyrights, patents, trademarks (together with all goodwill associated with such trademarks), service marks, database rights and data extraction rights, registered and unregistered industrial designs, circuit layout rights and semiconductor topography rights, trade secrets, confidentiality rights, whether registered or not, applications and rights of renewal in respect of any of the foregoing, and all other similar rights recognized in any part of the world; erotic or pornographic User Content; User Content that is offensive to any other person and/or harms third parties or public morals; unlawful, harmful, dangerous, or obscene User Content, as well as User Content that contains information of a discriminatory nature toward other persons on the basis of sex, race, nationality, religious beliefs, sexual orientation, and other prohibited grounds; User Content of a commercial advertising nature or attracting attention to any goods or services; User Content that contains personal information or confidential data about any person, or otherwise violates the legitimate rights (such as privacy and publicity rights) of any person. We welcome a friendly and open tone of communication and encourage our users to adhere to it in communication on the Platform. When posting any User Content in forums, chats, or other virtual spaces intended for communication, the User also undertakes:
not to use "bots" or other automated methods of collecting information about Users; not to harass, threaten, stalk, mislead, or bother other Users; to follow general rules of conduct in public discussions, avoiding mutual attacks and insults; not to insult, demean, bully, and/or harass other users and the administration of the Platform and Services.
6.3.
The Company, except where expressly provided by law or in this Agreement, does not perform any moderation of User Content.
6.4.
In certain cases, the Platform functionality allows the User to independently moderate User Content, including with the involvement of other Users ("moderators"). Moderation rules created and applied by such "moderators" must not conflict with this Agreement and applicable law. "Moderators" obtain the ability to delete User Content in communities without the Company's involvement. The Company does not control the actions of "moderators" and does not possess information about moderation rules established by individual Users in communities. The Company is not liable for the actions/omissions of such Users and the "moderators" engaged by them, unless otherwise expressly provided by law.
7. SANCTIONS
7.1.
THE COMPANY independently establishes the fact of a User's violation of the Agreement, including the Special Rules. In the event of a User's violation of the Agreement, including the Special Rules, THE COMPANY has the right to apply the following sanctions to the User, depending on the degree of the violation committed by the User and its adverse effect on other Users:
issue warnings in any form, including by email and/or personal message in the User's Account; delete any User Content; rename, only if necessary (for example, an offensive name), any element created and/or posted by the User on the Platform; temporarily restrict certain Account functionality; suspend access to one or more Accounts and/or additional User accounts in individual Services (if applicable) in full; restrict use of individual Services in whole or in part; block IP addresses, MAC addresses, or proxy servers used to access the Platform; delete the Account.
7.2.
THE COMPANY undertakes to use reasonable efforts to provide the User with explanations regarding which terms of this Agreement were violated by the User, as a result of which THE COMPANY applied sanctions. THE COMPANY is not obliged to present the User with documentary proof of the violation.
7.3.
THE COMPANY may prohibit the User from registering new Accounts in the event of the User's violation of this Agreement. If THE COMPANY discovers that the User has multiple Accounts, THE COMPANY reserves the right to apply the above sanctions to all Accounts of such User.
7.4.
With respect to a particular Service and/or other part of the Platform, THE COMPANY reserves the right to use available communication channels with Users to provide explanations and clarify the list of sanctions that THE COMPANY may apply to the User, depending on the severity of the violation committed by the User and its negative effect on other Users.
8. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS. ACCORDINGLY, USERS AGREE THAT THE PLATFORM MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL USE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE PLATFORM; ACCORDINGLY, USERS AGREE THAT THE PLATFORM MAY CONTAIN ERRORS AND MAY BE INTERRUPTED. THE COMPANY HAS THE RIGHT (AND THIS IS AN ESSENTIAL CONDITION OF USERS' USE OF THE PLATFORM) TO SUSPEND OR TERMINATE OPERATION OF THE PLATFORM AND/OR ACCESS TO THE PLATFORM, OR ANY PART THEREOF, FOR ALL OR SOME USERS AT ANY TIME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, CURRENCY, SECURITY, ABSENCE OF VIRUSES, ERRORS, LEGALITY, AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AND SERVICES PROVIDED BY THE COMPANY, ITS PARTNERS, OR OTHER USERS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS' PERSONAL COMPUTERS OR OTHER DEVICES WILL BE SUFFICIENT TO USE THE PLATFORM. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM REQUIREMENTS FOR A PARTICULAR GAME AND/OR SERVICE AND TO DETERMINE WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS.
9. LIABILITY
IF THE USER RESIDES IN THE EUROPEAN UNION OR THE EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY UNDERTAKES TO ACT WITH THE CARE AND DILIGENCE ORDINARILY USED IN THIS FIELD TO ENSURE THE PERFORMANCE OF THE SERVICES PROVIDED TO USERS.
WHERE THE COMPANY IS LIABLE, IT MAY BE RELEASED FROM PART OR ALL OF ITS LIABILITY BY PROVING THAT NON-PERFORMANCE OR IMPROPER PERFORMANCE OF THE CONTRACT WAS CAUSED BY THE CONSUMER, AN UNFORESEEABLE AND IRRESISTIBLE ACT OF A THIRD PARTY, OR A FORCE MAJEURE EVENT.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR THE EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY IS NOT LIABLE FOR DIRECT OR INDIRECT DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOSS AND/OR DESTRUCTION OF DATA, DAMAGES ARISING FROM LOSS/TERMINATION/SUSPENSION OF ACCESS TO USER ACCOUNTS, LOSS BY THE USER OF ACHIEVEMENTS OR PROGRESS IN A GAME, OR LOSS/DESTRUCTION/ALTERATION OF INFORMATION POSTED BY THE USER ON GAME FORUMS OR CHATS. IN ANY EVENT, THE COMPANY'S LIABILITY TO USERS SHALL BE LIMITED TO COMPENSATION FOR ACTUAL DAMAGE, WHICH SHALL NOT EXCEED 5,000 RUSSIAN RUBLES. THE USER MAY NOT OBTAIN COMPENSATION FOR LOST PROFITS UNDER ANY CIRCUMSTANCES. THE COMPANY IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOST PROFITS, OR DAMAGES OF USERS OR THIRD PARTIES CAUSED BY:
(A) USE OF OR INABILITY TO USE ANY GAMES AND/OR SERVICES;
(B) UNAUTHORIZED ACCESS BY THIRD PARTIES TO THE USER'S PERSONAL INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER'S ACCOUNT; AND
(C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN A GAME, ON IN-GAME FORUMS OR IN CHATS, OR IN COMMENTS ON THE WEBSITE. THE COMPANY IS NOT LIABLE FOR ANY DELAYS IN PERFORMANCE OF OBLIGATIONS OR NON-PERFORMANCE OF OBLIGATIONS CAUSED BY REASONS BEYOND THE COMPANY'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ANY NON-PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND THE COMPANY'S CONTROL, SUCH AS NATURAL DISASTERS, WARS, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRES, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION, FUEL, ENERGY, LABOR, OR MATERIALS.
THE LIMITATION OF THE COMPANY'S LIABILITY SET OUT IN THIS SECTION APPLIES UNLESS OTHERWISE EXPRESSLY PROVIDED BY APPLICABLE LAW. IF A LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
10. DATA AND INFORMATION SECURITY
10.1. PERSONAL DATA
THE COMPANY's personal data protection rules can be reviewed in the Privacy Policy (as defined in Section 1).
THE COMPANY cares about the protection of personal data. Personal data collected by THE COMPANY in the context of this document are subject to automated processing in accordance with applicable law. All information collected in the course of operation of the Platform is recorded by THE COMPANY, which is the data controller. This is essential for the operation of the computer programs offered by THE COMPANY.
In the event of a complaint, the User may contact the authority of the country of the User's residence.
10.2. SECURITY INFORMATION
Information provided by the User by any means must be accurate. Although THE COMPANY does everything possible to ensure the confidentiality of data and has implemented appropriate technical and organizational measures to ensure and demonstrate that processing is carried out in accordance with data protection rules, the User understands that no security measures are perfect and such measures can be circumvented.
The User understands and acknowledges that even after deletion of data and User Content provided by the User, such data or User Content may remain available in caches or web archives, as well as in search engine results, and may also be available to other persons if other Users have copied and saved the User's data or User Content.
THE COMPANY cannot control the actions of other Users with whom the User wishes to share their Account data (login and password). Therefore, THE COMPANY cannot guarantee that any User Content that the User posts on the Platform will not be viewable by unauthorized persons.
THE COMPANY is not liable for any workarounds undertaken on the Platform to circumvent security measures.
10.3. CONFIDENTIALITY
THE COMPANY may use User authentication technologies, including using cookies, and may also use such technologies for marketing purposes to study User preferences. Such identification is non-personalized and aggregated in nature; THE COMPANY does not track the actions of individual Users and does not transfer information about them.
Within the operation of the Platform and subject to applicable law, the secrecy of communications is ensured and the confidentiality of information about Users is observed, except in cases provided by the laws of the Russian Federation.
11. USER HEALTH
The User hereby confirms that they understand and agree that any Game may contain audio and/or video effects that, under certain circumstances, may cause persons prone to epileptic or other disorders of the central nervous system to experience a worsening of such conditions.
The User understands and agrees that continuous use of a personal computer for a prolonged period may lead to various complications of physical condition, including, without limitation, vision problems, scoliosis, various forms of neuroses, and other undesirable and negative consequences for the User's body.
The User hereby warrants that they will use the Platform only for a reasonable period of time with rest breaks and that the User will take other measures prescribed by their physician to protect their health.
Users should observe the following precautions:
Do not play if tired or sleep-deprived. Play at a sufficient distance from the screen. Play in a well-lit room and reduce screen brightness. Take breaks of ten (10) to fifteen (15) minutes every hour.
WARNING: SOME PEOPLE ARE SUSCEPTIBLE TO EPILEPTIC SEIZURES, INCLUDING, IN SOME CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LIGHT STIMULATION (RAPID SEQUENCE OF IMAGES OR REPETITION OF SIMPLE GEOMETRIC FIGURES, FLASHES, OR EXPOSURES). SUCH PERSONS ARE AT RISK OF SEIZURES WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LIGHT STIMULATION; THE COMPANY STRONGLY RECOMMENDS THAT USERS CONSULT THEIR PHYSICIAN BEFORE USING THE PLATFORM. PARENTS SHOULD ALSO PAY ESPECIALLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER EXPERIENCES ANY OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, EYE OR MUSCLE CONTRACTIONS, DISORIENTATION, INVOLUNTARY MOVEMENTS OR CONVULSIONS, OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A PHYSICIAN, OR THEIR PARENTS MUST ENSURE THAT THIS IS DONE.
12. FINAL PROVISIONS
12.1. ASSIGNMENT
Unless such assignment would result in a reduction of the User's rights, THE COMPANY may, in its discretion at any time, assign and/or delegate its rights and obligations under this Agreement or any part thereof to a third party in connection with a transfer or sale of all or part of its business to which this Agreement relates, whether by merger, share sale, asset sale, or otherwise. In such case, THE COMPANY undertakes to notify Users by email and/or publish the amended Agreement. The User's rights and obligations arising from this Agreement are deemed transferred to THE COMPANY's successor upon the above notice and/or publication.
The User's rights and obligations under this Agreement are personal and are not transferable.
12.2. AMENDMENTS, UPDATES, AND CHANGES
THE COMPANY has the right at any time, in its discretion, to change any functionality and content of the Platform, unless otherwise expressly provided by applicable law.
In order to improve its Services, THE COMPANY reserves the right to automatically (without a separate request for the User's consent) make technical updates and changes to the Platform or any of its components. In order to ensure the effectiveness of such updates and changes and the possibility of expanded use of the Platform, the User hereby agrees to the implementation of automatic updates and changes. If this would result in a reduction of the user's rights, THE COMPANY will notify Users of such change, and in that case the notified user has the right to discontinue use of their Account on the Platform and terminate this Agreement.
This Agreement may be amended by THE COMPANY at any time, except as expressly provided by applicable law. Any amendment to this Agreement must be brought to the attention of Users, in particular by publishing the updated version on the Website and/or sending Users a notice by any means available to THE COMPANY. The updated Agreement enters into force on the date of its publication, unless otherwise expressly provided by applicable law. The User is advised to periodically check the Website for notices of such changes. The User's failure to take steps to review them cannot serve as a basis for non-performance of the User's obligations or non-compliance by the User with the restrictions established by the Agreement. If the User does not agree with the changes, the User may discontinue use of the Platform. Continued use of the Platform by the User is deemed acceptance of any revised terms.
If any provision of the Agreement is or becomes unlawful or unenforceable, that provision shall be applied to the maximum extent permitted and/or modified to achieve the maximum possible effect of the original condition, and the remaining provisions of the Agreement shall remain in full force and effect.
12.3. TERM, SUSPENSION, AND TERMINATION
The term of this Agreement begins on the date the User first expresses their consent to this Agreement and continues until it is terminated in accordance with this Agreement.
THE COMPANY has the right to terminate this Agreement with respect to the User at any time with immediate effect without reimbursement of any costs, damages, or return of amounts received under the Agreement, unless otherwise provided by applicable law, in particular, among other things, if the User violates any provision of applicable law or violates this Agreement, including the Special Rules, or if the User does not use their Account on the Platform for 12 (twelve) or more months, or if THE COMPANY cannot continue to provide the Platform to the User for technical or legitimate commercial reasons.
The User has the right at any time, without notice to THE COMPANY and without explanation of reasons, to discontinue use of their Account on the Platform. To do so, the User may submit a request to the Support Service.
Upon termination of this Agreement, Sections 7, 8, 9, and 12 shall survive.
12.4. APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE
Unless otherwise expressly provided by applicable law, this Agreement is governed by and construed in accordance with the applicable laws of the Russian Federation. Unless otherwise expressly provided by applicable law, all disputes arising in connection with this Agreement are subject to mandatory pre-trial settlement by THE COMPANY and the User through the Support Service, as set out in clause 12.6 of this Agreement, or the User may send a claim letter to the following address: 105082, Moscow, Spartakovskaya sq., 14, building 3, room 96/2. If it is not possible to reach an agreement during pre-trial settlement of the dispute, it shall be submitted for final resolution to a court having jurisdiction at the location of THE COMPANY, unless otherwise expressly provided by applicable law.
Any claims that the User may bring against THE COMPANY in connection with the User's use of the Platform must be brought by the User within 1 (one) year or such other period as may be provided by applicable law, from the moment such claim arises or the moment the User learned or should have learned of the facts that gave rise to such claim, whichever occurs later. If the User fails to bring their claim within the period specified in this Agreement, the period for bringing it expires.
12.5. SEVERABILITY
The invalidity of one or more provisions of this Agreement pursuant to a court ruling does not entail the invalidity of the remaining provisions of this Agreement, which continue to operate and have full legal force. If one or more provisions of the Agreement are held invalid, THE COMPANY and the User agree to implement the meaning of this Agreement as closely as possible.
12.6. CONTACT INFORMATION
Users may contact THE COMPANY by email at info@onlygames.ru or via the Telegram bot @OG_pos5bot (depending on the Platform functionality available to the User) for additional information and to submit requests to the Support Service.
Annex No. 1
to the Only Games User Agreement
Special Rules of the Only Games Esports Service (https://onlymvp.gg)
These Special Rules form part of and shall be construed together with the Agreement and the Privacy Policy. In the event of any conflict between these Special Rules and the Agreement, these Special Rules shall prevail.
1. ADDITIONAL TERMS AND DEFINITIONS
In these Special Rules, definitions, when capitalized, have the meanings assigned to them in the Agreement, unless otherwise stated in this section. In addition to the foregoing, solely for the purposes of these Special Rules, the terms below have the following meanings:
"Additional Paid Functionality" means various additional advanced functions of the Service available to Users who have accepted the Offer and acquired access to Additional Paid Functionality in accordance with these Special Rules. Additional Paid Functionality does not include Premium Functionality.
"Game Profile" means a part of the Account containing data about the User and information about the User's participation in Tournaments and Teams.
"Team Captain" means a User who created a Team or otherwise obtained such status in the manner provided in the Service.
"Team" means a group of Users who have joined together for the purpose of joint participation in a Tournament.
"Tournament Organizer" means THE COMPANY, a legal entity, or a User that has expressed a desire to initiate holding a Tournament in the Service.
"Offer" means THE COMPANY's proposal to enter into a legally binding agreement with the User for the provision of Additional Paid Functionality to the User on the terms described in the Offer. In the event of any conflict between the provisions of the Offer and the provisions of these Special Rules, the provisions of the Offer shall prevail. The Offer is an integral part of these Special Rules if the User expresses a desire to acquire Additional Paid Functionality. All terms contained but not defined in the Offer have the same meaning as defined in these Special Rules.
"Premium Tournament" means a special type of Tournament available for participation only to Users who have acquired access to Premium Functionality in accordance with these Special Rules.
"Premium Functionality" means a set of additional advanced functions of the Service available to Users who have acquired access to Premium Functionality in accordance with these Special Rules. Among other things, Premium Functionality contemplates the ability to participate in Premium Tournaments.
"Regulations" means the rules for holding a Tournament posted in the Service on the page of the relevant Tournament.
"Service" means the Only Games Esports Service (https://onlymvp.gg), which is a set of computer programs and other intellectual property objects of THE COMPANY (including graphic interface design and others), information posted by THE COMPANY, and/or User Content. Access to the Service is provided remotely via the information and telecommunications network Internet using the Platform and other resources.
"Special Rules" means these Special Rules of the Only Games Esports Service, which define the terms and procedure for use of such Service.
"Tournament" means a competition among Users in computer sports/esports organized in the Service. Tournament rules are governed by the relevant Regulations.
"Participant" means a User participating in a Tournament in accordance with its Regulations.
2. GENERAL PROVISIONS
These Special Rules govern the relationship between THE COMPANY and Users related to granting the User the right to use the Service (a set of computer programs) by providing remote access to it via the information and telecommunications network Internet, within the limits and on the terms provided by this User Agreement.
Among other things, the purpose of the Service is the development and popularization of computer sports and esports events on the Internet.
Part of the Service may be provided to Users with restrictions, in particular language restrictions.
The Service is an automated online system for holding esports competitions and computer sports competitions, and is also a resource containing various information dedicated to esports and computer sports. The outcome of each competition depends solely on the skill of the participants and does not depend on an element of chance or risk.
The User may receive information posted in the Service, participate in Tournaments, organize Tournaments (become a Tournament Organizer), organize or join Teams, follow other Users' participation in Tournaments, and use the Service in other ways provided by its functionality. The right to use the Service, except for Premium Functionality and Additional Paid Functionality, is granted by THE COMPANY to the User free of charge.
3. CREATION OF A GAME PROFILE AND ENTRY OF ADDITIONAL DATA IN THE SERVICE
3.1.
Each User may use the Service for the purpose of obtaining information in "read-only" mode. For the purposes of participating in Tournaments, organizing Tournaments, and creating Teams, the User must complete a Game Profile by following the instructions available in the Service, in particular by specifying certain data marked as required. For the purposes of participating in certain Tournaments, the list of required data may be expanded. The User may also specify additional data at their own discretion.
4. CREATION OF A TEAM AND JOINING A TEAM
4.1.
Each registered User may create a Team and become a Team Captain. Teams are created for the purpose of participating in Tournaments for a particular Game. A User may be a member of different Teams. A Team member may leave the Team at any time, unless otherwise provided by these Special Rules.
4.2.
The decision to admit a User to a Team is made by the Team Captain in their sole discretion. A User may also be removed from a Team at any time by the Team Captain in the Team Captain's sole discretion.
4.3.
By joining a Team, the User grants the Team Captain the right to make decisions regarding the Team's participation in Tournaments, take necessary actions during Tournaments, and interact with judges and Tournament Organizers on behalf of the Team and all Participants who are members of such Team.
4.4.
It is prohibited to change the composition of a Team while the Team is participating in a Tournament. A User may leave a Team only during periods when the Team is not registered for and is not participating in Tournaments.
4.5.
Having created a Team, the Team Captain may upload to the Service a Team logo that is an individualizing pictorial element of the Team. By uploading a Team logo to the Service, the Team Captain represents and warrants that such logo is not Unacceptable Content, in particular that use of the logo in such manner does not infringe the rights and legitimate interests of third parties, including, without limitation, that it is not identical or confusingly similar to trademarks registered in the territories of the states in which the Service is available, and does not contain such trademarks. THE COMPANY, acting as an information intermediary, does not monitor Team logos for infringement of the rights and legitimate interests of third parties. However, if THE COMPANY has grounds to believe that a Team logo infringes the rights or legitimate interests of third parties, and/or if use of such Team logo constitutes a violation of the terms of these Special Rules, THE COMPANY may delete such Team logo and prohibit the Team from using such Team logo.
5. PARTICIPATION IN TOURNAMENTS
5.1.
For the purpose of participating in a Tournament, a Team must register for the Tournament, subject to the availability of free slots for participation in the Tournament. Simultaneous participation in a Tournament by Teams that include the same Users (the same User) is not permitted.
5.2.
The Tournament Organizer independently decides on admitting a Team/User to a Tournament in their sole discretion. The Tournament Organizer may refuse a Team/User participation in a Tournament in their sole discretion.
THE COMPANY and/or the Tournament Organizer may at any time require any User to provide proof of the User's compliance with the requirements of these Special Rules in order to continue to allow such User access to the Service and/or participation in a Tournament, and each User hereby acknowledges and accepts this condition as a reasonable measure to ensure the security of the Service. In addition, each User will be required to provide proper proof of identity and confirmation of compliance with the Service requirements before receiving prizes or before THE COMPANY and/or the Tournament Organizer processes any prize claim. Failure by the User to provide proper proof of identity and/or failure to provide confirmation of compliance with the Service requirements may result in suspension and/or termination of the User's Account.
5.3.
Participation of a Team/Participant in a Tournament must occur in strict accordance with the Tournament Regulations and these Special Rules. All Team members/Participants are obliged to follow the instructions of judges and Tournament Organizers of the Tournaments in which the Team/Participants participate, if such instructions do not conflict with these Special Rules, the Agreement, and the Privacy Policy.
5.4.
Final Tournament results are approved by the Tournament Organizer. THE COMPANY does not participate in the process of approving final Tournament results and does not participate in the resolution of disputed situations, except where THE COMPANY is the Tournament Organizer.
5.5.
Only those Team members who were declared at registration for the Tournament may participate in the Tournament.
5.6.
Participants are prohibited from changing in-game nicknames after registration for a Tournament and during its holding, unless otherwise requested by the Tournament Organizer.
6. TOURNAMENT ORGANIZATION RULES
6.1.
For the purpose of organizing a Tournament, the Tournament Organizer is obliged to post on the Tournament page Regulations describing the Game for which the Tournament is held, the Tournament format, timelines, and other conditions for holding the Tournament. The Tournament Organizer is obliged to comply with the Regulations and hold the Tournament in accordance with the Regulations.
6.2.
If the Regulations contemplate payment/provision of any prizes to Participants who occupy places specified in the Regulations in connection with participation in the Tournament, the Tournament Organizer is obliged to pay/transfer such prizes to such Participants in accordance with the Regulations. Any prizes must be funded from the Tournament Organizer's own funds or by partners of the Tournament Organizer.
6.3.
The Tournament Organizer, in their sole discretion, determines the list of Teams/Users admitted to participate in the Tournament.
6.4.
THE COMPANY may, in its sole discretion, restrict a User's ability to act as a Tournament Organizer without explanation of reasons.
6.5.
A Tournament Organizer, other than THE COMPANY, may not condition admission of a User/Team to participation in a Tournament on payment of any fee or any other material benefit to the Tournament Organizer.
7. PREMIUM FUNCTIONALITY AND ADDITIONAL PAID FUNCTIONALITY
7.1.
The User may, at their own discretion, acquire Premium Functionality and Additional Paid Functionality of the Service. Premium Functionality includes, among other things, access to the User's individual statistics, VIP ratings, User profile customization options, and the ability to participate in Premium Tournaments. A full and up-to-date description of Premium Functionality is available on the relevant page of the Service. A description of Additional Paid Functionality is set out in the relevant Offer, which the User is invited to accept immediately before acquiring Additional Paid Functionality.
7.2.
Acquisition of Premium Functionality and Additional Paid Functionality of the Service and payment therefor is not a necessary condition for use of the Service as a whole. The ability to use Premium Functionality and Additional Paid Functionality is provided at the User's request and desire. Premium Functionality and Additional Paid Functionality may be used exclusively within the use of the Service.
7.3.
Premium Functionality is provided to the User for a fee under a monthly subscription to Premium Functionality. Additional Paid Functionality is provided in accordance with the terms of the Offer.
7.4.
Payment is made by the User with funds by non-cash means in rubles in the amount of the cost of the tariff selected by the User for use of Premium Functionality or in the amount of the Additional Paid Functionality selected by the User. The cost of tariffs for access to Premium Functionality and the cost of Additional Paid Functionality are indicated inclusive of applicable VAT. Premium Functionality tariffs may differ depending on the access period (month or year) to Premium Functionality. The User is provided with the ability to make payment by one-time payments. When paying for a selected Premium Functionality tariff, the User may configure autopayment, as a result of which, after the end of the Premium Functionality access period, payment will be automatically charged and access to Premium Functionality will be automatically renewed for subsequent periods of similar duration (month or year). In the event of insufficient funds in the User's account or impossibility of processing the payment, access to Premium Functionality for a new term is not granted, and autopayment is automatically disabled. If the User pays for use of Premium Functionality by one-time payments, tariffs may be changed by THE COMPANY unilaterally at any time without prior notice to the User, except as expressly provided by applicable law. If the User uses autopayment, THE COMPANY undertakes to notify the User by email or another communication channel of a change in tariffs 30 (thirty) calendar days before the introduction of new tariff plans. The cost of acquired Premium Functionality is not revised. The User may review the current tariff plans and the payment procedure and methods on the relevant page of the Service.
7.5.
When paying for rights to use Premium Functionality and Additional Paid Functionality, the User undertakes to follow the payment instructions regarding the payment procedure and methods, including rules for entering messages and short text message (SMS) numbers, including the order of entering uppercase and lowercase letters, digits, and input language. Access to use of Premium Functionality and Additional Paid Functionality is provided upon compliance with the attached instructions and payment conditions. THE COMPANY is not liable for the correctness of the User's performance of the payment conditions.
7.6.
Upon the User's payment of the selected Premium Functionality tariff or the cost of Additional Paid Functionality, the User is granted the right to use Premium Functionality in the scope and for the period (month or year) provided by the relevant tariff, and in the case of acquisition of Additional Paid Functionality, the User is provided with services in accordance with the description contained in the Offer. By way of example, if the User was granted access to Premium Functionality for a month, such access terminates after one month on the same calendar day on which payment for use of Premium Functionality was made.
7.7.
If, as a result of a technical error, a malfunction of the Service or any of its elements, or deliberate actions of the User, the User obtained access to Premium Functionality and/or Additional Paid Functionality without payment in the manner established by these Special Rules, the User undertakes to notify THE COMPANY of such fact and to pay the cost of access to Premium Functionality and/or Additional Paid Functionality, or to eliminate all consequences of the unlawful use of Premium Functionality and/or Additional Paid Functionality. THE COMPANY may independently, without notice to the User, eliminate such consequences.
7.8.
The User is obliged to retain documents confirming payment for access to Premium Functionality and Additional Paid Functionality throughout the entire time of using the Service and, upon THE COMPANY's request, to provide such documents, as well as information about the circumstances of such payment by the User.
7.9.
If THE COMPANY establishes that the User obtains access to Premium Functionality and/or Additional Paid Functionality from third parties, THE COMPANY may, in its discretion, either suspend or terminate provision of access to the Service as a whole and/or to Premium Functionality and/or Additional Paid Functionality in particular.
7.10.
From the moment access to Premium Functionality or Additional Paid Functionality is granted and subject to THE COMPANY's proper performance of its obligations, the User may not demand from THE COMPANY a refund of the amount paid, whether in full or in part, paid for the provision of access to Premium Functionality or Additional Paid Functionality, unless otherwise expressly provided by applicable law and these Special Rules or the Offer.
7.11.
The provisions of these Special Rules relating to Premium Functionality and Additional Paid Functionality apply only if such Premium Functionality or Additional Paid Functionality is available in the Service.
7.12.
If the User expresses a desire to acquire/obtain access to Additional Paid Functionality by interacting with the Service interface, the User is invited to accept the Offer by checking a box next to agreement with the Offer or by a similar action which, within the meaning of Articles 435 and 438 of the Civil Code of the Russian Federation, constitutes the fact of conclusion of an additional agreement to these Special Rules between THE COMPANY and the User, giving rise to certain rights and obligations of the User and THE COMPANY.
7.13.
The Offer may be accepted exclusively by a legally capable natural person acting in their own interests. Acceptance of the Offer on behalf of or in the interests of legal entities and individual entrepreneurs is not permitted.
7.14.
In addition to other prohibitions established in the Agreement, the User is prohibited from making payment both with means whose liquidity has a temporary limitation and by methods in the course of which it will be impossible to confirm the legality of the completed transaction. Payments for which the User cannot provide confirmation of lawful ownership of the payment instrument and that they are backed by actual funds may serve as grounds for restriction of functionality or access to the User's Account.
Only the Russian version of this document has legal effect. Any translation into other languages is provided for convenience only.