TERMS OF SERVICE MAINCAST LIMITED

Version: 2.0 Date: 26 August, 2020

1. Introduction

These Terms of Use (hereinafter the “Terms”) set forth the basis on which you are permitted to access and use the website https://maincast.com/ (hereinafter the “Website”) collectively the “Services”, provided by the Maincast Limited registered No. HE 386802, with registered office Prodromou, 75, Oneworld Parkview house, Floor 3, Flat 304 2063, Nicosia, Cyprus, together with its subsidiaries, affiliates, employees, officers, and directors as applicable (hereinafter the “Maincast,” “Company”).

The Company’s website is intended as a general audience website that enables users to learn more about the Company, offered products, and other content. The Company provides organization of cybersport events.

For the avoidance of the doubt and for purpose of these Terms and any other agreements and communications with the Company pronoun “you,” “user” shall include natural persons, self-employed persons, and legal persons that may be represented by an authorized natural person that is entitled to contract on their behalf.

Please read these Terms carefully before using the Website. By accessing and using the Services in any way, you agree to and are hereby bound by these Terms. If you do not agree to all of the terms and conditions contained herein, do not use or access the Services in any manner. The Company reserves the right to update these Terms at any time without the requirement of any notice to you.

2. Use of the services

2.1. As a condition to your use of the Services provided by the Company, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any of Company’s servers, or the networks connected to any of the Company server, or interfere with any other party’s use and enjoyment of the Service. You may not distribute in any medium any part of the Service without the Company prior written authorization. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You further agree not to alter or modify any part of the Service or any of its related technologies.

2.2. You shall use the Services in a manner that complies with the technical and implementation requirements provided on the Website or in writing by the Company to you, including those instructions contained in the documentation regarding the Services. Without limiting the foregoing, you acknowledge and agree to the following:

2.3. You will not, and will not allow any third party to:

  • directly or indirectly access, launch and/or activate the Services through or from, or otherwise incorporate the Services in any software application, website;
  • transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes the Services or access thereto;
  • modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services, the Company then current protocol for accessing and implementing the Services, or any other Company’s technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation;
  • remove, deface, obscure, or alter Company’s copyright notice, trademarks, or other proprietary rights notices affixed to or provided as a part of the Services, or any other Company’s technology, software, materials and documentation;
  • create or attempt to create a substitute or similar service or product through use of or access to any of the Services or proprietary information related thereto; or
  • utilize any feature or functionality of the Services, or include anything in ads, that could be so utilized, to personally identify and/or personally track individual end users or any other persons.

2.4. You may not use the Services with a program or group of programs designed for end users, including e.g. database programs, word processors, browsers and spreadsheets (hereinafter “Application and/or Apps” that:

  • promote or depict illegal activity or violence;
  • advocate against a particular group;
  • infringe a third party’s rights;
  • introduce viruses, spyware, malware, and other harmful or dangerous software;
  • contain sexually explicit content;
  • depict illicit drugs and drug paraphernalia;
  • promote online casinos and gambling;
  • promote weapons or ammunition;
  • promote strong alcoholic beverages;
  • could harm minors in any way; or
  • contain any content that is illegal, promotes illegal activity, or provides information that is misleading, inaccurate, or infringes on the legal rights of others.
3. Ability to accept Terms

You affirm that you are either more than 18 (eighteen) years of age, or reached another legal age for your jurisdiction, if higher, or you are an emancipated minor, or possess legal capacity that empowers you to contract with us, including without limitations on behalf of other persons, and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

4. Website content

4.1. The content on the Website and the trademarks, service marks and logos contained therein, are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under applicable laws.

4.2. You acknowledge that the Website, the Website Content, and the Services are provided to you on an “as is” and “as available” basis for your personal use only or for the use of the legal person that you are authorized to represent and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Website Content.

5. Conduct of users

5.1. We believe that all users benefit from basic rules regarding conduct while using the Services. Widespread use and enjoyment of the Services is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services or whether our Services are otherwise involved in your activities or activities of the legal person that you are authorized to represent:

5.1.1. you will follow these Terms and all applicable laws;

5.1.2. you will not harass, threaten or abuse other people when using the Services in any manner;

5.1.3. you will not interfere with use of the Services by other users or act in a way that negatively affects other users’ enjoyment of the Services;

5.1.4. you will not participate in any action that, in the sole and absolute opinion of the Company, results or may result in any user of the Services being scammed or defrauded in any way in connection with such user’s use of the Services;

5.1.5. you will not upload, post, email or otherwise make available any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is harmful, vulgar, or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, service mark, trade secret, or copyrights of any party;

5.1.6. you will not use or exploit any flaws in design, features which have not been documented, or bugs to gain access in any way that is not generally known and intentionally made available by the Company, and you will promptly report to the Company your discovery of any such errors, features or bugs;

5.1.7. you will not attempt to harvest any user names, passwords, and/or email addresses providing access to the account at the Website for any purpose;

5.1.8. you will not collect or store personal data about any other individual on the Services, or otherwise stalk, repeatedly undesirably contact, or harass another user;

5.1.9. you will not impersonate any other person, entity, or misrepresent a relationship with any person or entity, including misrepresenting a relationship with the Company; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;

5.1.10. you will not use the Services to harm minors in any way, or encourage interactions of a sexual nature with minors;

5.1.11. you will not manipulate the Services so as to hide your identity or participation in the Services by using another person’s identity, changing headers, or otherwise modifying any other possible identifier;

5.1.12. you will not post any user content that contains any viruses, cancelbots, harmful code, or other software designed to interrupt the Services, the ability of users to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and

5.1.13. you will not send any bulk unsolicited advertising, promotional information, email or other solicitation, including without limitation junk mail, spam, chain letters, or pyramid schemes of any sort to any person through the use of the Services.

5.2. If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be on the system.

5.3. We can terminate your access to the Services at any time. We may also remove any user content without cause and without notice to you.

5.4. YOU UNDERSTAND THAT THE COMPANY IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF THE TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR FOR ANY OTHER REASON.

6. Intellectual Property

6.1. The Company reserves all rights not expressly granted in the Terms and disclaims the grant of any implied rights to you.

6.2. The Services are owned by the Company or its licensors, as applicable, and protected by applicable law, with all rights reserved.

6.3. The entire Websitecontent of the Services is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used without the express written permission of the Company, except for allowing you to use the Services for your personal use as set forth in these Terms.

6.4. When you use the Services, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of the Company or its licensors. You understand that you have no rights to the Services or any other property of the Company or its licensors except as expressly provided in these Terms.

7. Third-party websites content

7.1. The Company is however, not responsible or liable for the material, information and content available on or by means of any third-party content, services, online products, websites and webpages (“Third-Party Content”).

7.2. The Company is also not responsible for the privacy practices and cannot guarantee the General Data Protection Regulations compliance of Third-Party Content including on websites, webpages, services, or online products. By linking to a non-the Company website, webpage, content, service, online product, etc., the Company does not represent or imply that it endorses such website, webpage, content, service or online product. You are responsible for reviewing the privacy practices of all third-party content.

7.3. The Company disclaims any responsibility whatsoever for any harm resulting from your use of non-the Company websites, webpages, content, services, online products, etc. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.

8. Privacy and Protection of Personal Information

8.1. Our Privacy Policy (hereinafter the “Privacy Policy”) explains our online information practices and how your information is collected and used.

8.2. Our Privacy Policy is an integral part of the Terms. If you accept these Terms, you also accept our Privacy Policy.

9. Warranties

The Company provides the Services to you “as is”. You use them at your own risk and discretion. That means they do not come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

10. Limitation of Liability

The Company will not be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.

11. Severability

If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

12. Indemnity

12.1. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to reasonable legal fees, arising from:

  • your use of an access to the Services;
  • your violation of any term of these Terms;
  • your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
  • any claim that your potential postings or user content caused damage to a third party.

12.2. This defense and indemnification obligation will survive the expiration of your use of the Services.

13. General

13.1. These Terms, together with the Privacy Policy and any other legal notices published by the Company within Services shall constitute the entire agreement between you and the Company concerning the Services. All the foregoing constitutes an integral part of these Terms and are mandatory for compliance.

13.2. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.3. Termination of these Terms leads to termination of all other agreements between you and the Company, without prejudice to obligations that have arisen during the effective term of such agreements.

13.4. In order to resolve a complaint regarding the Website or to receive further information regarding use of the Site, please contact us at: info@maincast.tv.