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Terms & Conditions

Terms & Conditions

Terms and Conditions of the Website

  1. These Terms and Conditions define the general terms, rules and method of providing services with electronic means, through the www.e-sport4u.com website (hereinafter referred to as: "Website”).

Article 1 - Definitions

  1. Password - means a string of letters, digits or other characters selected by the User during Registration on the Website, used in order to secure access to User Account on the Website.

  2. Consumer - means a natural person performing a legal action not directly related to his/her business or professional activity.

  3. Login - means individual identification of the User, chosen by him/her, consisting of a string of letters, digits or other characters, required along with the Password to log into the User Account on the Website. Login is the correct e-mail address of the User.

  4. User Account - means a panel individual for each User, launched for him/her by the Service Provider.

  5. Premium Account - means a paid service, established based on the rules specified in the Terms and Conditions.

  6. Registration - means the actual action performed in a manner specified in the Terms and Conditions, required in order to allow the User to use all functionalities of the Website.

  7. Terms and Conditions - means these Terms and Conditions of the Website.

  8. Page of the Website - means pages under which the Service Provider runs the Website, operating in the www.e-sport4u.com domain.

  9. Service Provider - means Marian Senetra conducting business activities under the company ART-PLAST MARIAN SENETRA with its registered office in Olsztyn (11-041), Narcyzowa 19 Street, NIP: 7411362122, REGON: 280178123, entered into the Central Registration and Information on Business (CEIDG), maintained by the Minister of Development; e-mail: [email protected] who is also the owner of the Website.

  10. User - means the entity for which, in accordance with the Terms and Conditions and provisions of the law, the services can be provided through electronic means . In order to use the Website, i.e. participate in tournaments in case of a user younger than 18 years of age, a permission from statutory representative is required.

Article 2 - General provisions and use of the Website

  1. All rights to the Website, including proprietary copyrights, intellectual property rights to its name, Internet domain, Website's page, as well as patterns, forms and logos belong to the Service Provider and may only be used with written permission of the Service Provider.

  2. The Service Provider will use best efforts to enable the use of the Website for all Internet users, using all popular Internet browsers, operating systems, device types, and Internet connection types. The minimum technical requirements for using the Website include an Internet browser, with the minimum version of Internet Explorer 8 or Chrome 16 or Firefox 10 or Opera 11 or Safari 5 or later ones, with enabled Javascript operation, accepting the "cookies" files, and Internet connection with at least 256 kbit/s bandwidth. The Page of the Website is responsive and adjusts to every screen resolution dynamically.

  3. The Service Provider uses a "cookies" mechanism of files which during the Users' use of Website's Page are saved by the Service Provider's server on the end device of the User. The use of "cookies" files is supposed to improve the Website's Page operation on Users' end devices. This mechanism does not damage the end device of the User and it does not cause any configuration changes on end devices of the User nor in the software installed on these devices. Each User may enable the "cookies" mechanism in the Internet browser of his/her own end device. However, the Service Provider indicates that disabling "cookies" may cause difficulties or prevent the use of Website's Page.

  4. In order to create the User Account on the Website, the User is required to have an active e-mail account.

  5. The User is forbidden from providing content presenting unlawful character, and using the Website, Website's Page or services provided by the Service Provider in a manner against the provisions of the law, good practices, violating the personal interests of third parties or justified interests of the Service Provider.

  6. The Service Provider declares that public character of the Internet network and use of services provided through electronic means may be associated with a risk of obtaining and modifying User data by unauthorized persons, therefore the Users shall apply appropriate technical means minimizing the risks indicate above. In particular, they shall use antiviral software and software protecting the identity of Internet network's users.

  7. The User is not allowed to use the resources and functions of the Website in order to conduct activities that would violate the interest of the Service Provider.

  8. The Service Provider reserves the right to organize tournaments using a system different than single-elimination-based, e.g. in case of creating special tournaments. Each time, the rules of such tournaments will be published prior to commencement, on the Website's Page.

  9. The Service Provider maintains User rankings which constitute a sum of points obtained in specific tournaments over the last 12 months.

  10. Ranking points will be included from the previous 12 months only. This means that points older than 12 months will be subtracted from current points.

  11. Tournament submissions will be accepted only until the date specified in the rules of the tournament specified by the Services Provider on Website's page.

Article 3 - Types of Tournaments, Point Categories

  1. The Website identifies three types of tournaments:

    a) generally available - intended for all Website Users. Points won in the tournament can be used to exchange for prizes.

    b) prize tournament - intended for all Users who pay the entry fee. Points won in the tournament can be used to exchange for prizes.

    c) sponsorship-based - intended for all Website Users. In case of this tournament, it is possible to win prizes funded by the sponsor for for Users, as well as points to exchange for prizes only for Premium Account owners.

  2. Each tournament will be conducted according to a precisely specified schedule made available by the Service Provide through the Website's Page. The User may be late, yet not more than 10 minutes after the time specified in the schedule. After this time, a forfeit will be declared in favor of the team forced to wait for commencement of the match.

  3. The tournaments will be conducted in a single-elimination-based system. This means that the team will be eliminated from the tournament after losing.

  4. The Website identifies two types of points:

    a) Ranking points - are an indicator of User skills, they may be gained by each players in each tournament type, regardless of owned account.

    b) Points exchanged for prizes - points which can be obtained in several ways:

        a) as a number of points equal to ranking points;

        b) as a number of points equal to ranking points, multiplied by free for Premium Account owners;

        c) through activities on the Website:

           - daily logging in, without a day of interruption - the User will receive 5 points for the first one, 10 points for the second one, 15 points for the third one, 20 points for the fourth one, 25 points for            the fifth one, 30 points for the sixth one, and 35 points for the seventh day.

           - publishing articles in the news - 500 points (Users with Premium Account: 1000 points), according to the rules specified in these Terms and Conditions. The articles can be sent to the Service                Provider using the electronic e-mail address [email protected]

Article 4 - Registration

  1. In order to create a User Account, the User is obliged to perform free Registration.

  2. The Registration is required to use certain functionalities of the Website. One User can have only one User Account.

  3. In order to Register, the User shall complete the registration form made available by the Service Provider on the Website Page and send the completed registration form electronically to the Service Provider by selecting the appropriate function located in the registration form. During registration, the User establishes an individual Password.

  4. While completing the registration form, the User has the opportunity to familiarize with the Terms and Conditions, accepting their contents by marking an appropriate field in the form.

  5. The User also has the option of completing Registration through his/her user account at www.facebook.com. The creation of a User Account takes place through dedicated redirection from the Website Page to Facebook, using which the User completes Registration, with the User being asked to provide the user name and password he/she holds to the Facebook user account. Upon authorization, the User is redirected back to the Website where the User Account is created, with a link to the Facebook user account through which the User completed the Registration. The user name becomes his/her name on the Website. The password is not recorded and stored by the Service Provider. In addition, the User may be asked to provide an e-mail address if it is not indicated on Facebook.

  6. After submitting the completed registration form, the User is promptly sent a Registration confirmation by the Service Provider using e-mail address provided in the registration form. At this moment, an agreement concerning providing services of maintaining a User Account electronically is concluded, and the User gains the ability to access the User Account and the services made available under the User Account.

  7. Having a User Account authorizes to:

    a) participate in tournaments;

    b) create a team;

    c) accept team invitations;

    d) exchange your points for prizes;

    e) earn points for logging on the Website;

    f) receive points for article published on the Website.

Article 5 - Services

  1. The Service Provider provides paid and unpaid services for the Users through electronic means. Services are provided 24 hours a day, 7 days a week.

  2. The Service Provider provides the Users with free services through electronic means:

    a) contact Form;

    b) maintaining a User Account;

    c) posting comments;

    d) publication of own articles.

  3. The Service Provider provides the Users with the following paid services through electronic means:

    a) Premium Account.

    Having a Premium account allowing to collect triple amount of points to exchange for prizes in normal and sponsored tournaments. Premium account is a time-limited account. Periods for which the Premium Account may be purchased are presented each time on the Website Page and are 7, 30, 60 and 90 days. The User buys the Premium Account service according to §6.

  4. The Service Provider reserves the right to select and change the type, form, time and method of accessing certain listed services, and shall inform Users about this in a manner appropriate to the amendment of the Terms and Conditions.

  5. The Contact Form service consists of sending a message to the Service Provider using the form provided on the Website Page. In order to use the Service, the User shall complete the form provided on the Website Page and send the completed form electronically to the Service Provider by selecting the appropriate function located in the form.

  6. Resignation from the Contact Form service is possible at any time and includes stopping sending messages to the Service Provider.

  7. User Account Maintenance service is available after completing Registration following the provisions of the Terms and Conditions, and includes the Service Provider enabling the User to use the User Account.

  8. The Service Provider is entitled to block access to the User Account and services in the event of User acting to the detriment of the Service Provider or other Users, User violating the law or provisions of the Terms and Conditions, as well as when blocking access to User Account and services is justified by security considerations - in particular: User breaching the protections of the Website Page or other hacking activities. Blocking access to User Account and Services for any of these reasons is for the time required to resolve the issue that constitutes the basis for blocking access to the User Account and services. The Service Provider shall notify the User about intention to block access to User Account and services by electronic means, sending a message to the address provided by the User in the registration form.

  9. Unpaid service of Comment Posting, includes the Service Provider allowing the User to publish individual and subjective User opinions, particularly concerning the contents presented on Website Page.

  10. Cancellation of unpaid Comment Posting service is possible at any time and includes the discontinuance of posting User contents on specific Website Pages.

  11. Unpaid service of Own Article Publication consists of the Service Provider allowing the User to publish individual and subjective statements of the User concerning the events related to the subjects of the Website, in which the User participated. Articles shall be sent to the Service Provider at [email protected] for verification by the Service Provider.

  12. Resigning from the Publication of own articles is possible at any time and includes stopping sending messages to the Service Provider.

Article 6 - Orders For Paid Services

  1. The information provided on the Website Page concerning paid services constitute the Service Provider's offer to conclude an agreement for the provision of paid services by electronic means, through the Website.

  2. The User may accept the Service Provider's offer for paid services on the Website 7 days a week and 24 hours a day through the Website Page.
  3. The User accepts the Service Provider's offer for paid service by completing and sending the order form available on the Website Page to the Service Provider. The Service Provider then sends a confirmation of the conclusion of the paid service agreement by electronic mail to the electronic address provided by the User in the order form.
  4. The User, prior to selecting the paid service, receives information through the Website Page, about the price of the paid service, the duration of the service which will be effective from the moment the paid service is activated, and the information about the scope of the paid service (Premium Account).

  5. Prior to concluding the service provision agreement, the User may agree - by marking the appropriate box in the service order form - so that the Service Provider would commence the provision of the service prior to agreement withdrawal date.

  6. The final binding price for the parties is the price of the service included on the Website Page at the time of User placing the order.

  7. The user makes a payment by bank transfer or pay card via external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg.

  8. Activation of the payment service will be made immediately after payment by the User. The validity period of a paid service is calculated from the moment the service is activated. Activation of the service means initiating the provision of a paid service by the Service Provider to the User.

Article 7 - Exchange of Points for Prizes

  1. The user may exchange earned points for prizes provided by the Service Provider through the Website Page in the "Shop" tab.

  2. In order to exchange earned points for prizes, the User must be logged in and have equal or greater number of points than the number indicated for the prize at the time of the prize exchange.

  3. After exchanging points for prizes, the points available on the User Account will automatically be reduced by the prize's point value.

  4. One User can earn any number of rewards as a part of point exchange.

  5. The cost of shipping the prize to the User is incurred by the Service Provider.

Article 8 - Complaints

  1. The User may notify the Service Provider of any complaints relating to the use of Services provided electronically by the Service Provider. The complaint may be submitted electronically and sent to the Service Provider's electronic address. The user shall include a description of given issue in the complaint. The Service Provider shall promptly, but not later than within 14 days, process complaints and reply to the User's e-mail address provided in the complaint.
  2. The Service Provider enables the User - who is a Consumer - to use extra-judicial settlement of consumer disputes. The authorized entity, competent for the Service Provider is the Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) in Olsztyn, DÄ…browszczaków 10 Street, 10-540 Olsztyn, http://www.ih.olsztyn.pl.

Article 9 - Withdrawal from the agreement

  1. The User may withdraw from the service provision agreement by electronic means without providing any reason by preparing an appropriate statement in writing within 14 days of the date of concluding the agreement. It is sufficient to send a statement before the end of this period in order to meet the deadline requirement.

  2. In the event of withdrawal from the service provision agreement by electronic means, it is considered to be not concluded.

  3. The period for withdrawal begins on the day of entering into the service provision agreement through electronic means.

  4. The User may withdraw from the service provision agreement using electronic means by submitting a withdrawal declaration to the Service Provider. The declaration may be submitted using a form, the sample of which was provided by the Service Provider on the Website Page at: Withdrawal Form. It is sufficient to send the declaration before the end of this period in order to meet the deadline requirement.

  5. The User is not entitled to the right to withdraw from the agreement in terms of service provision agreement in case when the Service Provider has fully completed the service, with clear permission of the User who was informed that after completing this provision by the Service Provider, he/she would lose the right to withdraw from the agreement.

Article 10 - The User's Responsibility for Published Contents

  1. The User freely distributes contents by publishing and sharing them. The published contents do not represent the views of the Service Provider and shall not be identified with its business activity. The Service Provider is not a content provider, but merely an entity that provides adequate IT resources for that purpose.
  2. The User declares that:

    a) he/she is entitled to use, proprietary copyrights, industrial property rights and/or related rights associated with - respectively - works, industrial property right subjects (e.g. trademarks) and/or subjects of related rights, constituting the published contents;

    b) publishing and sharing, within the framework of the services referred to in §5 above, of personal data, image and information concerning third parties was legal, voluntary and with the consent of the persons concerned;

    c) he/she grants permission to access the published content by other Users and the Service Provider;

    d) he/she grants permission for preparation of work compilations, pursuant to the Act on Copyright and Related Rights.

  3. The User is not authorized to:

    a) publish personal data of third parties and distribute the physical likeness of third parties as a part of the using the services referred to in §5 above, without permission or consent required by the law;

    b) publish contents presenting advertising and/or promotional nature as a part of using the services referred to in §5.

  4. The Service Provider is responsible for the contents published by the Users, provided it is notified earlier, according to §11 of the Terms and Conditions.

  5. As a part of services mentioned in §5 above, the Users are prohibited from publishing contents which could particularly:

    a) be published in bad faith, e.g. with intent to infringe personal interests of third parties;

    b) violate any third party rights, including copyrights and related rights, industrial property rights, business secrets or those related to confidentiality obligations;

    c) present offensive character or constitute a threat directed at other persons, include vocabulary that violates good manners (e.g. use vulgarisms or expressions commonly considered to be offensive);

    d) contradict the interests of the Service Provider;

    e) otherwise violate the provisions of the Terms and Conditions, good practice, provisions of applicable law, social norms or customs.

  6. In case of receiving a notification pursuant to §11 of the Terms and Conditions, the Service Provider reserves the right to modify or delete the contents published by Users as part of their use of the services referred to in §5 of the Terms and Conditions, in particular with regard to contents in case of which, basing on the reports of third parties or relevant authorities, it was stated that they may constitute a breach of these Terms and Conditions or applicable law. The Service Provider does not keep an ongoing check on the contents being posted.

  7. The User grants permission for the use of his/her published contents by the Service Provider, free of charge, only in the scope of services provided by the Service Provider as a part of the Website, in particular the publication of the contents on the Website Page.

Article 11 - Reporting a Threat or Violation of Rights

  1. In case when the User or other person or entity deems that the contents published on the Website Page violate their rights, personal interest, good practices, feelings, morality, beliefs, rules of fair competition, know-how, secrecy protected legally or based on an obligation , she/she/it shall notify the Service Provider about the potential breach.

  2. The Service Provider notified about the potential breach shall take immediate actions to remove contents causing the breach from the Website Page.

Article 12 - License

  1. In terms of published articles, the User provides the Service Provider with free of charge, non-exclusive and non-time nor territory-limited license, in terms of the following areas of use:

    a) recording and copying the article by any technique, including printing, reprographic, magnetic recording, and digital techniques.

    b) introduction to computer memory and computer network;

    c) distribution in computer networks (Internet, local networks) and other ICT systems;

    d) permanent or temporary fixation or reproduction, in entirety or partially, by any means and in any form, regardless of format, system or standard, including placement in the computer memory and permanent or temporary recording or reproduction of such records, including preparing their copies, as well as free use and control of these copies.

    e)application, display, transfer and storage, regardless of format, system or standard;

    f) distribution, in particular sharing in such a way so that everyone could access it at their own selected place and time, in particular electronic sharing.

 

Article 13 - Protection of personal data

  1. The Service Provider is the administrator of personal data of Users voluntarily submitted to the Service Provider as a part of using the services specified in §5.
  2. The Service Provider processes the personal data of Users so that it could provide services through electronic means, as well as for other purposes specified in the Terms and Conditions. Data is processed solely based on the provisions of the law or a permission granted by the User.

  3. A collection of personal data submitted to the Service Provider is reported by the Service Provider to the Inspector General for the Protection of Personal Data (GIODO).

  4. Personal data provided to the Service Provider are provided to the Service Provider voluntarily, with the reservation that the failure to provide certain data prevents the Service Provider from submitting an order for a service provided by the Service Provider.

  5. Any person who provides the Service Provider with his/her personal information shall have the right to access their contents and to correct them.

  6. The Service Provider provide the possibility to remove personal data from the maintained collection, especially if the User Account is deleted. The Service Provider may refuse to delete personal data if the User violated the applicable law, and keeping personal data is necessary to clarify these circumstances and establish the User's responsibility.

  7. The Service Provider shall protect the personal data provided to it and make every effort to protect them from unauthorized access or use.

Article 14 - Termination of the agreement

(not applicable to agreements concluded for a fixed period)

  1. Both the User and the Service Provider may terminate the agreement concerning provision of services through electronic means at any time and without providing the reasons, save for rights acquired by the other party prior to termination of the foregoing agreement, and the provisions below.
  2. The parties may terminate the agreement concerning provision of services through electronic means by making an appropriate statement of will, in particular by any means of distance communication, in a manner allowing the other party to familiarize with it.

  3. The right to terminate the contract under §14 does not apply to the termination of a contract concluded for a fixed period.

Article 15 - Final Provisions and Amendment of the Terms and Conditions

  1. The contents of these Terms and Conditions may be recorded by printing, saving on a storage medium or downloading at any time from Website's Pages.
  2. The Service Provider informs the Consumer User about the possibility of using out-of-court complaint and redress procedures. Rules of access to these procedures are available at the premises or on the websites of entities entitled to out-of-court dispute resolution. They may particularly include consumer advocates or Voivodeship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php

    The Service Provider informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform available, with an on-line system of resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).

  3. If a dispute arises on the grounds of an agreement concerning provision of services using electronic means, the parties shall seek to resolve the matter amicably. Polish law is the applicable law for settling all disputes arising pursuant to these Terms and Conditions.

  4. The Service Provider restricts the right to change these Terms and Conditions. All agreements concerning provision of services using electronic means concluded prior to the date of entry into force of the new Terms and Conditions are executed on the basis of the Terms and Conditions which were applicable on the date of concluding the agreement concerning provision of services using electronic means. A change in Terms and Conditions shall be effective 7 days after the day of publishing at Website Page. The Service Provider shall inform the User about change in the Terms and Conditions, 7 days prior to new Terms and Conditions becoming effective, using electronic message containing a link to the amended Terms and Conditions. In case when the User does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Service Provider about it which results in termination of agreement, pursuant to the provisions of the Terms and Conditions in §14.

  5. The Terms and Conditions are effective from 9st August 2017.

 

 

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