INTRODUCTION & AGREEMENT TO TERMS OF USE.

Feniks Gaming OÜ with registration number: 14275723, Narva mnt 5, 10117 Tallinn Tallinn, Estonia ("EGS", "we", "us", or "our") is the owner of the website located at the URL www.egamestars.com (the "Website") and provides the services, software applications, and networks that allow for playing video games for fun (this includes playing for high scores, virtual currency, etc.) and the authorized streaming of video game content over the Internet (the "EGS Platform"). The EGS Platform is provided to you subject to these terms of use ("Terms of Use"). Other services offered by EGS may be subject to separate terms of use.


ABOUT THE EGS PLATFORM


Overview. The EGS Platform is an online social Esports platform through which users can setup games with others and play for high scores, virtual currency and view (including VOD and live streaming services) and interact with video game programming. The EGS Platform hosts live gaming competitions and tournaments, and is a place for users to connect, view and comment on their favorite games, as well as to get in touch with other players.


Content. The EGS Platform offers three separate and distinct types of services depending on the source of relevant content. First, EGS may, from time to time, license and make available to its users certain multimedia content, such as live or recorded audio and video of gaming tournaments and game tutorials ("eGameStars Content"). Second, subject to Sections 8 and 9 of these Terms of Use, certain registered users may upload and distribute authorized digital content via the EGS Platform, including videos and live-streaming gaming ("Broadcaster Content"). Third, subject to Sections 8 and 9 of these Terms of Use, users who have registered accounts with the EGS Platform may create, post, or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the EGS Platform ("User Content", together with EGS Content and Broadcaster Content, "Content").


PRIVACY POLICY


The EGS Privacy Policy, which is available on our Website, governs any information you submit via the EGS Platform. All other policies posted on the Website are also incorporated into these Terms of Use by reference. Each reference to these Terms of Use herein includes reference to all other policies posted on the Website. You shall comply with these policies when accessing or using the EGS Platform.


LIMITED LICENSE


License; Revocation. EGS grants you a limited, personal, nonexclusive, nontransferable, non-sublicensable, freely revocable license, subject to your continued compliance with these Terms of Use, to access and use the EGS Platform and the Content for your personal use only. Any unauthorized use of the EGS Platform or the Content or any breach of these Terms of Use shall automatically terminate this limited license, without prejudice to any other rights or remedies that EGS may have in law or equity.


Legal Consequences. Your failure to comply with these Terms of Use may have legal consequences, which may include violating applicable laws, including copyright and trademark laws, and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Use, nothing herein shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles.


Restriction. The EGS Platform may not be retrievable worldwide. Whether the EGS Platform can be retrieved fully or in a limited manner may depend on legal regulations and licensing requirements in particular countries. The description of the EGS Platform may include more details about this situation.


ACCOUNT REGISTRATION; PASSWORDS


Registration. EGS may make certain services available to you that require you to register an account for the EGS Platform. Registering an account for the EGS Platform requires you to provide information about yourself. When you register an account, you shall provide true, accurate and complete information, and you shall update such information if it changes. If you do not provide true, accurate and complete information, EGS may, in its sole discretion, suspend or terminate your access to your account and the EGS Platform. By registering for an account, you confirm that you have reached the age of majority in your jurisdiction of residence at the time when registering your account for the EGS Platform and that you are of legal capacity. If you are a minor, you are not allowed to register. EGS is entitled to request at any time written proof of the user's legal age.


By sending his/her registration, the user sends an offer to conclude a user agreement with EGS (in these Terms of Use referred to as " User Application"). However, this does not conclude an agreement. The agreement is only concluded upon EGS’s acceptance of the user application. EGS confirms access to the user application by sending an electronic mail to the e-mail address specified by the user. The confirmation of receipt is not an acceptance of the user application. The acceptance of the user application can be made in connection with the confirmation of access if expressly carried out that way. In addition, the acceptance can be expressly confirmed outside the confirmation of receipt or by the first deed of performance by EGS. There is no entitlement to the conclusion of an agreement to establish an account, to the participation in services or to the use of certain features.


Privacy. Any personal information that you provide in connection with your account registration shall be used in accordance with our Privacy Policy.


Passwords. You are responsible for maintaining the confidentiality of any password you create for the EGS Platform. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify EGS via e-mail at security@egamestars.com


If a third party uses an account after gaining possession of your password because you did not sufficiently secure your password from third party access, then you must allow being treated as if you had acted on your own.


EGS offers its EGS Platform only to consumers. It is prohibited to use the EGS Platform for commercial purposes. Participation in the EGS Platform is for entertainment purposes only.


Only one EGS account is allowed per user. The accounts may not be shared with others. Violation of this will result in all accounts belonging to this user being deleted.


MATCHES & PLAYING


By using the EGS Platform you guarantee that you own a legally acquired copy of the game to be used on the EGS Platform and that you fulfill any age restrictions for this game. You also guarantee that you fulfil all other requirements to legally play the game.


EGS Platform shall not be liable for any loss of information through software or hardware failures, in particular to any issues that arise due to faulty game software.


All participants of a match acknowledge that the outcome of the match is based solely on the skill of the participating users and is as such considered a game of skill. Games of skill require players to exercise sound judgment, quickness, sense perceptions, decision-making and intellect. The outcome of skill competitions is thus determined by the player’s skill, and not chance or other fortuitous circumstances.


All participants of a match will adhere to the EGS Platform "Code of Conduct" and any rules set out within the match specific rules (Code of Conduct and match specific rules together hereinafter referred to as the "Rules").


Any attempts to use software to cheat or gain an unfair advantage or otherwise defraud the service or break the Rules (together hereinafter "Cheating") will result in deletion of the account and may result in legal action. We reserve the right to require certain anti-cheating software to be installed on your computer.


The match results will generally be verified by the EGS Platform without need for further input. If there is any disagreement between the participants in the match or tournament as to the winner, we shall have the sole right to determine the winner in our reasonable discretion taking into account all information available to us.


By accepting these Terms of Use and participating in a match or tournament, you agree that any determination of the winner pursuant Clause 6.6 shall be final and binding on the participants, unless one or more participants notify us within 1 minutes that they dispute the decision, and provide us with relevant counterevidence within 48 hours after they have been notified them of the decision.


A dispute may be based on suspected Cheating, or bad connections to the server (or any other cases as defined in the Rules). Upon receipt of relevant counterevidence within the aforementioned time period, we may give the previously determined winner an opportunity to make representations and shall have the sole right to reconfirm or redetermine the winner in our reasonable discretion.


Winnings from a match which has been disputed are not credited to the user's account until the dispute is resolved.


Once you have accepted our determination of the winner, you lose your right to dispute it.


SUBSCRIPTION & FEES.


Certain features and services or Ad-supported Content on the EGS Platform may be available to users for free. Alternatively, users may purchase access to additional features and services available on the EGS Platform or physical merchandise for a fee. The fees we charge for access to certain features and services of the EGS Platform are listed on the EGS Platform "Support Us” page. We may change our fees from time to time by posting the changes on our Website. You should visit the Fees page from time to time to review the current fees.


You will receive access to the additional features and services once the payment has been confirmed. The access to additional features and services can be revoked at EGS’s own discretion in case of chargebacks or prohibited behaviour.


If you participate in matches for Credits, you put Credits at stake. Credits are a virtual currency which can only be used on the EGS Platform. Credits can be purchased on the EGS Platform “Coin Exchange” page and are charged on the EGS Wallet. The winning party will receive the prize for the match, i.e. the Credits put at stake less a deduction (the “Winnings”). This deduction is published on the EGS Platform “Rules" page, and is a service fee for the maintenance, operation and continual development of the EGS Platform. This fee can change without further notice.


Your use of the EGS Platform may be subject to separate agreements you may enter into with payment services providers (e.g. PayPal). EGS can offer certain payment service providers such as Skin Joker “Skins2Coins” or Offer Wallets as it deems appropriate. You agree to comply with all applicable third party terms of agreement when using the EGS Platform. EGS is not a party to those agreements and has no responsibility for the products and services provided by third parties.


EGS does not refund Credits, money, or other payment instruments except in exceptional cases like evidenced fraudulent activity by third parties (e.g. use of a stolen credit card). Any requests for refunds will be treated case by case and at the reasonable discretion of EGS. In all cases, requests should be submitted in writing with supporting documentation from e.g. the police.


You can top-up and withdraw the balance on your EGS Wallet. Each transaction may be subject to transaction fees depending on your chosen method of payment (e.g. PayPal, Credit Cards, etc.), your country of residence and currency. You will be informed about transaction fees prior to carrying out the transaction. Any minimum transaction limits for topping up the EGS Wallet are communicated on the EGS Platform "Payment" Page.


The minimum amount for a withdrawal is 5.00 EUR. The maximum amount for withdrawal is 10.000 EUR. The service fee for withdrawal is 1.00 EUR per withdrawal. Each withdrawal has to be requested through the EGS Platform and must be manually approved by EGS before any payments are made. EGS may require an age verification and/or an identity check before approving a withdrawal. Players can generally only withdraw to the credit card or PayPal account they charged up their account with.


For security reasons and to prevent fraudulent or other illegal activity on the EGS Platform, Players may be required to verify their identity and age in order to carry out withdrawals of money. In the event that such a verification cannot be completed successfully by the user, user will have to contact EGS to resolve the situation. EGS has the right to withhold withdrawals of money until the identity of the user can be confirmed.


If a user's behavior or activity raise a strong suspicion of fraudulent or illegal activity, e.g. by repeatedly failed identity verifications or conclusive reports by other users, EGS has at its sole discretion the right to take appropriate actions against such a user, including further investigations and temporary or permanents bans or blocks of the user's account to prevent him from any further use of the EGS Platform.


PROHIBITED ACTIVITY


Prohibited User Activity. By using the EGS Platform, you agree not to violate any law, contract, intellectual property or other third-party rights or commit a tort, and that you are solely responsible for your conduct while using the EGS Platform. You agree that you shall comply with these Terms of Use and shall not:


use the EGS Platform for any purposes except to access or view the eGameStars Content and Broadcaster Content, and to disseminate or receive original or appropriately licensed User Content;


download (except for page caching) any portion of the EGS Platform, the Content, or any information contained in them, except as expressly permitted by EGS;


rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the eGameStars Content, the Broadcaster Content, or the licenses granted in these Terms of Use;


post, upload, or distribute any defamatory, libelous, or inaccurate Broadcaster Content or User Content, or any Broadcaster Content or User Content that, in the reasonable judgment of EGS, is objectionable or which restricts or inhibits any other person from using or enjoying the EGS Platform, or which may expose EGS or our users to any harm or liability;


impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the EGS Platform accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the EGS Platform, or perform any other similar fraudulent activity;


delete the copyright or other proprietary rights notices on the EGS Platform or Content;


make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the EGS Platform, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways, and other similar activities;


harvest or collect the e-mail addresses or other contact information of other users from the EGS Platform for the purpose of sending spam or other commercial messages, including but not limited to, through the use of any data mining, robots or similar data gathering or extraction methods;


use the EGS Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;


defame, harass, abuse, threaten, or defraud other users of the EGS Platform, or collect, or attempt to collect, personal information about users or third parties without their consent;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the EGS Platform or Content, features that prevent or restrict use or copying of any Content accessible through the EGS Platform, or features that enforce limitations on the use of the EGS Platform or Content;


reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the EGS Platform or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;


modify, adapt, translate or create derivative works based upon the EGS Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;


use any robot, spider, scraper, crawler or other automated means to access the EGS Platform for any purpose or bypass any measures EGS may use to prevent or restrict access to the EGS Platform;


manipulate identifiers in order to disguise the origin of any Content transmitted through the EGS Platform;


interfere with or disrupt the EGS Platform or servers or networks connected to the EGS Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the EGS Platform;


use the EGS Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the EGS Platform, or that could damage, disable, overburden, or impair the functioning of the EGS Platform in any manner, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;


use or attempt to use another user’s account without authorization from that user and EGS;


attempt to circumvent any content-filtering techniques we employ, or attempt to access any service or area of the EGS Platform that you are not authorized to access;


attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; or


attempt any Cheating.


CONTENT AND RESTRICTIONS


User License to EGS. Unless otherwise agreed to in a written agreement between you and EGS, signed by an authorized representative of EGS:


By posting, uploading, storing, creating, distributing, disseminating or otherwise publishing Broadcaster Content or User Content through the EGS Platform, you hereby grant to EGS a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit your Broadcaster Content or User Content, in any form, format, media, or media channels now known or later developed or discovered. You grant EGS and our sublicensees the right to use the name that you submit in connection with that Broadcaster Content or User Content, if we or they choose.


Except for Broadcaster Content already streamed, accessed, viewed, or otherwise downloaded by users, the foregoing license granted by you shall terminate, with respect to a specific piece of Broadcaster Content or User Content, once you remove or delete such Broadcaster Content or User Content from the EGS Platform.


User Representations and Warranties. You are solely responsible for your use of the EGS Platform and you use it at your own risk. By posting, uploading, transmitting, distributing, storing, creating, or otherwise publishing Broadcaster Content or User Content through the EGS Platform, you represent and warrant that:


you own and control, or otherwise have all necessary legal rights to distribute and reproduce, all of the Broadcaster Content and User Content that you post using the EGS Platform;


your Broadcaster Content and User Content does not and will not infringe, violate, or misappropriate any third-party rights, including any copyrights, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights;


your Broadcaster Content and User Content is not confidential and does not contain the private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;


your Broadcaster Content and User Content is not unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;


your Broadcaster Content and User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code;


unless you have received prior written authorization, your Broadcaster Content and User Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of EGS or third parties; and


your Broadcaster Content and User Content, and your use and posting of such Broadcaster Content and User Content in connection with the EGS Platform, does not and will not violate these Terms of Use or any applicable law, rule or regulation in your jurisdiction of residence or elsewhere.


EGS reserves all rights and remedies against any user who breaches these representations and warranties.


Prevention of Unauthorized Use of Broadcaster Accounts. Unless expressly permitted in writing by EGS, you shall not sell, rent, lease, share, or provide access to your Broadcaster account to any third party, including, without limitation, charging any third party for access to administrative rights in your Broadcaster account. EGS reserves all available legal rights and remedies to prevent unauthorized use of the EGS Platform, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider regarding such unauthorized use.


Broadcasters Upload Content at Their Own Risk. EGS uses reasonable security measures in order to attempt to protect Broadcaster Content. EGS cannot guarantee, however, that there will be no unauthorized copying or distribution of Broadcaster Content, nor will EGS be liable for any copying or usage of Broadcaster Content not authorized by EGS. You hereby release and forever waive any claims you may have against EGS for any such unauthorized copying or usage of your Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY EGS HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.


Endorsements/Testimonials. You agree that your Broadcaster Content and User Content shall comply with applicable laws, especially against unfair competition. You, and not EGS, are solely responsible for any endorsements or testimonials you make regarding any product or service through the EGS Platform.


No Liability. EGS takes no responsibility and assumes no liability for any Broadcaster Content or User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is EGS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the EGS Platform is at your own risk. Enforcement of the Content or conduct rules set forth in these Terms of Use is solely at EGS’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the EGS Platform will not contain any Content that is prohibited by such rules. As a provider of interactive services, EGS is not liable for any statements, representations or Broadcaster Content or User Content provided by our users in any public forum, personal home page, or elsewhere on the EGS Platform. EGS does not endorse any Content or any opinion, recommendation or advice expressed therein, and EGS expressly disclaims any and all liability in connection with such Content.


Removal of Content. Although EGS has no obligation to screen, edit or monitor any of the Broadcaster Content or User Content posted to the EGS Platform, EGS reserves the right, and has absolute discretion, to remove, screen or edit any Broadcaster Content or User Content posted or stored on the EGS Platform at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Broadcaster Content or User Content you post or store on the EGS Platform at your sole cost and expense.


Use of Content. EGS reserves the right to use any user generated content and publically accessible user information (like play statistics, ranks, won tournaments, etc.) for promotional purposes.
Termination. Any use of the EGS Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, suspension or termination of your right to use the EGS Platform.


THIRD-PARTY CONTENT; LINKING


Any websites linked to the EGS Platform are not necessarily under EGS’s control, and EGS is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. EGS reserves the right to terminate any link or linking program at any time. EGS has selected the links for your convenience only. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to the EGS Platform, you do so entirely at your own risk. Any links to any portion of the EGS Platform shall be the responsibility of the linking party, and EGS shall not be responsible for notification of any change in name or location of any information on the EGS Platform.


INTELLECTUAL PROPERTY


EGS Retains Rights. EGS owns and operates the EGS Platform. Except as expressly set forth herein, all intellectual property rights in the EGS Platform and all material available therein, including, but not limited to, Content, text, graphics, logos, button icons, images, audio clips, data compilations, software, source code and object code, and the compilation, combination, look and feel or other works, concepts, inventions or other protectable aspects of the EGS Platform, are the property of EGS or its licensors. EGS retains all copyrights in the individual pages, and their components and compilations, and collective works available through the EGS Platform. You agree and acknowledge that no title to any software or any other aspect of the EGS Platform shall pass to you under these Terms of Use.


Copyright. The EGS Platform is copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. Except as set forth in the limited license in Section 4 herein, or as required under applicable law, you shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the Content or any other portion or feature of the EGS Platform, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the EGS Platform or any portion thereof without our prior written consent.


Trademark. Trademarks, including eGameStars, and EGS, are the property of EGS. All other names and trademarks are the property of their respective holders. These Terms of Use do not grant you a license to use any trademark, trade name, or logo of EGS, and you recognize that the trademarks, trade names, and logos of EGS represent valuable assets of EGS and that substantial recognition and goodwill are associated with such trademarks, trade names, and logos. You shall not use or permit any third party to use, at any time, EGS’s trademarks, trade names, or logos.


INFRINGEMENT NOTICES AND TAKEDOWN.


Notice to EGS. EGS prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any Content or other material contained on the EGS Platform infringes your copyright or other intellectual property rights, you should notify us.


SUSPENSION AND TERMINATION OF USERS


The agreements between the user and EGS (e.g. use agreement of the account) are concluded for an unspecified time unless otherwise agreed in writing.
Both parties have the right to terminate the agreements by giving an advance notice of seven working days unless otherwise agreed in writing.


EGS reserves the right to exercise its virtual domiciliary right at any time.


The right of the parties to terminate the use agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, EGS can terminate this agreement for a significant reason, if


the user violates culpably the laws, these Terms of Use, and/or any other EGS Platform rules and the user continues to act in the same or similar manner despite warning letter;


the user has not utilized his/her account for three months despite reminder;


Termination effective immediately is permissible in case of serious violations without the need for any advance-warning letter.


A serious violation is any violation which makes it unreasonable for EGS to keep to the agreement.


In the following cases, it is unreasonable for EGS to maintain the agreement:


if the user violates the criminal code;


if the user uses the account or a EGS Platform in an impermissible manner according to these Terms of Use;


if the user provides false information during registration or during payment of chargeable services;


if during the use of his/her account, the user realizes one of the termination reasons of these Terms of Use.


If the user is responsible for the extraordinary termination, then the user is not permitted to create a new account if his/her account was blocked unless he/she has the express prior written permission of EGS. If EGS finds that this ban was violated, then EGS has the right to block this account or EGS Platform registration permanently without prior announcement.


EGS has the right to a special termination with regard to the user's registration, provided EGS loses authorization to operate the EGS Platform, e.g. because of the termination of respective licensing agreements between EGS and the respective licensor. In this case, EGS can terminate effective at the time of termination of its licensing agreement all agreements in reference to the operation and use of the EGS Platform (e.g. use agreement, agreement on the provision and use of channel subscriptions). Other rights to terminate shall remain unaffected thereby.


Every termination must be in written form, whereby the written form is maintained by e-mail. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require specification of the termination reasons.


EGS hast he right to temporarily suspend the user's account, or temporarily exclude the user from Cash Gaming, in case of suspcious behavior. Suspicious behaviour shall include, but is not limited to, ingame behaviour which, to EGS’s reasonable believe, indicates that the user is Cheating. Suspicious behaviour shall include, but is not limited to, ingame behaviour which, to EGS’s reasonable believe, indicates that the user is in breach of these Terms of Use, or Criminal Law. Such suspension or exclusion shall end in case the user has provided evidence to the contrary.


NO ACCESS BY MINORS OR TERMINATED USERS


The EGS Platform is designed to provide video game streaming services for persons over the age of majority in their jurisdiction of residence, but at least 18 years olo. The EGS Platform does not allow registrations of people under 18 years old.


The EGS Platform is not available to any person previously suspended or removed from the EGS Platform by EGS pursuant to Section 13 of these Terms of Use.


DISCLAIMER OF WARRANTIES


It is in the nature of the offered EGS Platform that it is continuously advanced and updated. Changes can be the result of loading updates, which ensure and improve usability. By changing and advancing the EGS Platform, EGS intends to provide users fun with the EGS Platform for as long as possible. Therefore, EGS grants the user access to the EGS Platform in its available form or version. Changes and advancements can affect system requirements and compatibility requirements. The user has no claim for maintaining or reconstruction of a specific condition of scope of services of the EGS Platform. Any of the user's claims for deficiency, which refer to the technical usability of the EGS Platform itself, shall remain unaffected thereby. Due to the continuous advancement of the EGS Platform, EGS reserves the right to offer new features and/or to remove them from the offer, to change them or to provide them in the free base version. The user consents for EGS and its licensors to change the EGS Platform and virtual currencies continuously and to add, delete, re-introduce and change features. In addition, the user consents for EGS and its licensors to be able and to change properties, functions, or capacities of every EGS Platform element or the features at their own discretion (which can improve or reduce the effectiveness and function of features significantly, which can change their distribution or which can remove them entirely). If the user paid already for a future period for features and he/she can no longer use these for the above-referenced reasons or these are also provided for the free basic version, EGS will offer other features for the EGS Platform and/or reimburse prorated the user for the amount according to the user's choice. In these cases, the user has the right to terminate the use agreement effective immediately. Further claims of the user are excluded in this context.


EGS points out that the EGS Platform is in accordance with the state of the art, but any absence of defects in the EGS Platform cannot be guaranteed. For this reason, the user must take into consideration that the EGS Platform does not work flawlessly in each function. EGS tries its best to provide the EGS Platform without glitches, which ensure complete functionality of the EGS Platform. However, any minor software glitches in the EGS Platform – as with any software – cannot be completely excluded. The user can only claim any damages for deficiencies in the EGS Platform if functionality or use is seriously and lastingly impaired.


The user knows that the EGS Platform can be subject to technical limitations. This applies specifically to the maximum memory capacity or maximum size of data and the maximum number of news and publications.


EGS is entitled to delete data and/or refuse storage of additional data if the technical limits are exceeded and in consideration of the provisions of these Terms of Use. EGS will notify the user prior to deleting the data.


In exceptional cases such as within the framework of updates or error rectifications, it may be required to reset the EGS Platform to an earlier status in order to prevent any greater damage (in these Terms of Use referred to as "Roll-back"). In this context, the EGS Platform progress, EGS Platform score, high scores and achievements/accomplishments, etc. is reset to a corresponding earlier status; any changes in the interim or any developments are lost. To the extent technically possible, EGS will restore any currency the user loses because of such rollback. Further claims of the user are excluded unless otherwise specified in these Terms of Use. EGS is entitled but not obliged to grant individual users a voluntary bonus e.g. in form of currency. It is at EGS’s discretion to grant such a bonus and it does not oblige EGS to grant a bonus during future rollbacks to other users or the same users.


EGS can offer the user for the purpose of testing participation in or use of the EGS Platform, EGS Platform elements, services and contents not ready to market (in these Terms of Use referred to as "Beta Test"). Beta tests can include programming errors – even serious ones – known or unknown to EGS. These may lead to the EGS Platform or the user's device to crash. Within the framework of beta tests, EGS delete or add contents at any time among others to search for errors and to improve the EGS Platform experience. Furthermore, it can reset EGS Platform scores, install backups or create specific EGS Platform scores. The user is not entitled to the restoration of a specific EGS Platform status. EGS can extend, shorten any beta test in whole or in part at any time.


The user will always document in a meaningful manner any defects occurring in the EGS Platform and the user will specifically report these in writing logging the displayed error messages. Prior to reporting any error, the user should consult the EGS Platform or service instructions and perhaps any other support for troubleshooting provided by EGS (particularly lists with frequently asked questions, discussion forums about problems). In any possible rectification of defects, the user will support EGS to the best of his/her abilities.
Excluded from warranty are generally such errors, which occur through external influences such as operating errors by the user, force majeure or any modifications, not carried out by EGS or any other manipulation.


EGS does not assume any guarantees in a legal sense.


LIMITATION OF LIABILITY


If EGS requires payment of a fee for the services, then EGS shall only have an unlimited liability for damages if it acted willfully and with gross negligence. In the event of any violation of significant contractual duties, EGS shall also be liable in the event of slight negligence. Significant contractual duties or so-called cardinal duties in accordance with the law are such duties, which only allow proper execution of the agreement and on the fulfilment of them the user can depend.


To the extent EGS provides free services, EGS shall only be liable for damage compensation if it caused the damage by gross negligence or willfully.


The replacement duty is always limited to the foreseeable damage in case of a violation of significant contractual duties.


The typical foreseeable damage in accordance with the above-mentioned 17.3 shall be no more than EUR 50.00 per account.


EGS shall be liable for advice only if it concerns a problem with its EGS Platform.


A change of the burden of proof to the disadvantage of the user is not connected with the above-referenced regulations.


On an annual average, EGS guarantees availability of 95% for the EGS Platform. Exempt therefrom are periods, during which the server for the EGS Platform cannot be reached because of technical or other problems beyond the influence of EGS (e.g. force majeure, culpability of third parties, etc.). The periods during which regular maintenance takes place are also exempt therefrom. EGS can limit access to the EGS Platform, if required for the security of the network operation, the maintenance of the network integrity, particularly to avoid any serious malfunctions of the network, software or stored data; these periods are not considered in the calculation of availability. EGS's liability for non-availability of the server shall remain unaffected in the case of intent and gross negligence.


The above-referenced indemnifications or limitations to liability apply also to the liability of employees, workers, staff members, representatives and agents of EGS, in particular to the benefit of shareholders, employees, representatives, company bodies and their members with regard to their personal liability.


INDEMNIFICATION


You shall indemnify, defend and hold harmless EGS, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees and agents from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) asserted against, or suffered or incurred by, any of them arising out of or in connection with, or resulting from: (i) your use of the EGS Platform and any Content; (ii) any breach by you of these Terms of Use; (iii) acts or omissions of you or any person or entity accessing your password; and (iv) any claim arising out of Broadcaster Content or User Content that you submit, stream, or upload to the EGS Platform, or any part thereof, including, but not limited to, claims that such Broadcaster Content or User Content infringes any third party’s intellectual property or other rights or otherwise violates any applicable law, rule, or regulation.


EGS reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with EGS’s defense of such claim.


RELEASE


If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.


AMENDMENT AND MODIFICATION


EGS reserves the right to change or expand these Terms of Use at any time effective in the future provided it seems necessary and it does not affect the user adversely under the principle of equity and good faith. In particular, any changes in the legal environment may require a change of these Terms of Use. Moreover, any new court decisions constitute a change in the legal situation. Any changes and advancements of the EGS Platform may necessitate a change or an amendment to these Terms of Use.


Any change or amendment will be announced in a suitable manner at least six weeks prior to its effective date. In general, the information about the modification of the Terms of Use is announced by e-mail or on the EGS Platform's website or on the EGS Platform.


The user has the right to object to any change or amendment within six weeks after the date of publication and possibility of acknowledgment. In case of a timely objection, both Parties are entitled to an extraordinary right to terminate the agreement in accordance with the termination provisions specified in this Agreement. Other rights to terminate shall be unaffected thereby. If the user does not object within the objection period or if the user continues to use the services, then the change or amendment is deemed accepted and becomes an integral element of the agreement.


EGS will inform the user specifically of the changes in the Terms of Use and the possibility to object and cancel, of the deadline and the legal consequences, particularly the consequences of non-objection.


GOVERNING LAW; VENUE


These Terms of Use shall be governed by and construed in accordance with the laws of Germany, without regard for its conflicts of laws principles. Any action, claim or proceeding arising out of or relating to the EGS Platform or these Terms of Use must be brought in the appropriate court located in Tallinn, Estonia. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.


GENERAL


Entire Agreement. These Terms of Use, the Privacy Policy, and any other policies posted on the Website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.


Severability. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


Waiver. Any failure to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use.


Assignment. EGS may assign all rights and obligations of the agreement with you, including these Terms of Use, in whole or in part, in its sole discretion. You shall not assign or transfer these Terms of Use, or any rights or licenses granted hereunder, in whole or in part.


Notice. EGS may deliver notice to you under these Terms of Use by means of e-mail, a general notice on the Website, or by written communication delivered by first class postage prepaid international mail to your address or contact information on record in EGS’s account information. You may give notice to EGS at any time via e-mail to support@egamestars.com or by letter delivered by first class postage prepaid international mail or overnight carrier to the following address: Feniks Gaming Ou, Tallinn , Estonia.


Should you initiate contact with EGS, you may be required to provide certain personally identifiable information about yourself. You shall provide true, accurate and complete information about yourself. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if EGS suspects that your information is untrue, inaccurate, or incomplete, then EGS may, in its reasonable discretion and according to the stipulations of these Terms of Use, suspend, terminate, or refuse your future access to the EGS Platform.


Headings. The Section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.


Survival. The following Sections survive any termination of these Terms of Use: Subscriptions and Other Fees; Contact Us and Customer Service; Intellectual Property; Disclaimer of Warranties, Limitation of Liability; Indemnification; Release; Governing Law and Disputes; and General.


These Terms of Use were updated on: 10 June 2018