Table of contents
Last modified: November 29 2019
Please read these Terms of Use (henceforth “Terms”) carefully before using this website. By using this website, registering as a member and participating in any matches or competitions at RDY Arena.com or any subdomains (henceforth the “Site”), the user (henceforth “User” or “You”) confirms the knowledge and agreement of being bound by the latest version of these Terms of the Site. These Terms apply to all web sites, property and services owned or operated by Henriksson Österberg AB (henceforth “RDY Arena”).
RDY Arena may modify all or any part of these Terms from time to time and may not provide notice to You of any such changes. You are encouraged to check back often in order to be aware of Your current rights and responsibilities. Any published modifications and additions apply and are automatically incorporated by reference into these Terms. Your continued use of the Site after changes to these Terms have been published constitutes Your binding acceptance of the updated Terms.
1.
Definitions
“Competition”
shall mean any kind of competitive format between two or more players or teams that play in a Game on the Site, with or without prizes. Examples include but are not limited to, Matches, Tournaments, Leagues, Ladders and Rounds.
“Match”
shall mean each played match-up between two players or teams of players in a Game on the Site.
“Credit”
shall mean funds that You deposit from Your bank account or account on an online Payment Provider to Your RDY Arena user account, or that has been awarded to You by RDY Arena, or is obtained by other non-monetary means, which shall be used in Competitions or for other services and products offered on the Site. Monetary Credits can only be deposited if You are over 18 years of age.
“Game”
shall mean the skilled-based games that is used to play on the Service.
“Payment Provider”
shall mean a payment institute that You deposit and transfer money through to use in the Service.
“Platform”
shall mean the digital platform of the Game.
“Privacy Policy”
shall mean the internal instructions for managing personal information of Users applicable from time to time.
“Prize”
shall mean the reward given to the winner(s) of a competition. Prizes can in the form of Credits (money) or in non-monetary forms. Credits won through Pay-to-enter Competitions may be subject to a commission to RDY Arena.
“Pay-to-enter”
shall mean a kind of Competition wherein Users pay an entry fee (in the form of Credits) to participate in the Competition
“Services”
shall have the meaning assigned to it under Section 2.2.
“Tournaments”
shall mean online gaming competitions with more than two contesting Users or Teams in a series of Rounds and Matches
“Transaction”
shall mean every completed payment transfer between a User’s bank/payment account and the Service.
“User Account”
shall mean an account on the Site that You can register yourself, collect Credits or other prizes and through which You can participate in any Competitions.
“Game Account”
shall mean an account registered in a Game that You connect to the Site in order to participate in Competitions.
2.
The purpose of the Site
2.1
The purpose of the Site is to enable You to compete in Tournaments, Leagues and other competitive formats in skill-based competitive computer games, such as e.g. Dota 2 and Counter strike global offensive. Users (and only Users) will be able to participate in Free and “Pay-to-enter” Competitions and win prizes such as Credits, points, merchandise or gaming products e.g. peripherals, clothing and in-game items. Users in Pay-to-enter Tournaments can pay a pre-agreed sum of money (an entry fee), where the winner(s) of the Tournament wins the Prize pool, minus a commission to RDY Arena where applicable.
2.2
RDY Arena’s Match and Tournament services (henceforth “Services”) are categorized as “Games of skill” and the outcome of any Match or Tournament played is solely the result of skill, not chance. You can either participate in Pay-to-enter Competitions, by using credits from Your User Account, or free Competitions with both monetary and non-monetary prizes. You may withdraw Credits to Your bank account or online Payment Provider. Presently, cash transfers are only available via the Payment Provider further described in Section 7.
3.
Eligibility
3.1
In order to use the Services, You need to register and maintain a User Account on the Site and You must:
3.1.1
be a natural person,
3.1.2
be at least 18 years of age if You want to deposit funds from Your bank account,
3.1.3
submit Your email address, and
3.1.4
comply with these Terms at all times.
3.2
Officers, directors and agents of RDY Arena and its affiliates are not eligible to participate in any Competitions, other than for test and product development purposes.
3.3
RDY Arena may at any time require You to provide proof of eligibility to allow You access to the Site. Failure to provide an evidence of identification and/or eligibility satisfactory to RDY Arena, in its sole and absolute discretion, shall result in the suspension and/or termination of such User Account. For User Accounts that are terminated due to non-eligibility, Credits previously deposited to the User Account will be refunded to the account holder.
3.4
You are fully aware of the fact that Credits paid to participate in Pay-to-enter Competitions and Tournaments are non-refundable.
4.
Fees
4.1
To participate in certain Matches or Tournaments You need to pay a fee. The fees applied for participating in these Matches or Tournaments are;
4.1.1
Prize commission to RDY Arena according to Section 11.1;
4.1.2
a transaction fee and/or an administration fee to RDY Arena when You withdraw Credits according to Section 6.5.2; and
4.1.3
currency converter fee to Payment Provider when paying with another currency than EUR according to Section 11.3.
4.2
If You do not pay the fee, You will not be able to participate in the Matches and Tournaments which requires a fee to be paid.
5.
Required Information
5.1
Upon registration and/or during the processing of transferring Credits into the User Account, You are required to provide the following information:
5.1.1
an alias that will be the username,
5.1.2
a password,
5.1.3
Your e-mail address,
5.1.4
birth-date or a confirmation that You are 18 years or older if depositing funds to play Pay-to-enter Matches or Tournaments,
5.1.5
full name,
5.1.6
permanent residential address,
5.1.7
phone number,
5.1.8
game related information, such as Game Accounts/nicknames, and
5.1.9
credit card or other payment information, if playing Pay-to-enter Competitions.
5.2
The information provided must be true, accurate, current and complete, as requested. If RDY Arena suspects that You are registering a User Account with purposely incorrect information, RDY Arena reserves the right to terminate Your User Account. RDY Arena also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.
6.
User Accounts
6.1
You are solely responsible for all obligations and compliance with these Terms and are entitled to all benefits accruing thereto. You may not allow any other person to access Your User Account, access the Site, accept any Prizes, or participate in any Tournament using Your User Account. Your User Account is not transferable to another person. All activities undertaken under Your User Account will be deemed to have been done by You.
6.2
You are only permitted to register one active User Account on the Site. RDY Arena reserves the right but is not obliged to monitor any effort to establish multiple User Accounts. In the event it is discovered that You have opened more than one User Account, all Your User Accounts may be terminated without any notice. RDY Arena reserves the right to deny access to anyone, including, but not limited to, those Users who use proxy servers and/or IP addresses residing in certain geographical areas.
6.3
In consideration of the use of the Site and Your User Account, You agree to:
6.3.1
provide accurate, current and complete information about Yourself as may be prompted by any registration forms on the Site (henceforth “Registration Data”);
6.3.2
maintain the security of the password and identification;
6.3.3
maintain and promptly update the Registration Data, and any other information, to keep it accurate and complete; and
6.3.4
be fully responsible for all use of Your User Account and for any actions that take place using Your User Account. Knowingly submitting incomplete or inaccurate information or failing to update and maintain complete and accurate information, may result in immediate termination of Your User Account.
6.4
Deposits
6.4.1
To participate in a Pay-to-enter Competitions, and if You have not acquired funds through playing free Competitions, You must deposit Credits to Your User Account. You may transfer Credits to be deposited in Your User Account (see Section 7) or use the Credits that have been awarded to You by RDY Arena for promotional purposes. The minimum limit for deposit payments equals EUR 5. No interest is payable on the Credits. All payments must be made from a bank or payment account for which You are the named account holder. RDY Arena also reserves the right to require You to confirm or validate any or all deposits previously made to Your User Account. You acknowledge that in the case of any dispute, Your validation may be used by RDY Arena as evidence. You do not need to deposit Credits to participate in “free to enter” Competitions.
6.4.2
Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by You to honor legitimate charges or requests for payment, or confirmation of deposits, will result in immediate termination of Your User Account, forfeiture of any Prizes, and active pursuit of civil litigation and/or referral for criminal prosecution.
6.5
Withdrawals
6.5.1
You may request a withdrawal of available Credits from Your User Account at any time. Withdrawal privileges may be revoked for security purposes when fraud is suspected.
6.5.2
The minimum withdrawal allowed equals EUR 5.0. Withdrawals may be subject to a transaction and administration fee amounting to a percent of the withdrawn amount (as set by the Payment Provider). In such cases RDY Arena reserves the right to compensate itself for that fee by automatically deducting it from the withdrawn Credits. The withdrawal fee is currently equal to a minimum of EUR 1. You are advised to contact customer support if the withdrawal is not received within three (3) business days.
6.5.3
You may be required to provide proper identification and proof of eligibility prior to any request of withdrawal. To prevent fraudulent behaviour and account hijacking, RDY Arena reserves the right to require You or the credit card holder (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and Your identity. Withdrawal payments will not be made until such verification is received. If such verification is not received within ten (10) business days, the withdrawal request will be cancelled, the User Account in question will be suspended, and You will be contacted by email.
6.6
Closing the User Account
6.6.1
You can close Your User Account at any time, by contacting the support directly on support@rdyarena.com
6.6.2
RDY Arena may transfer all funds from the User Account (subject to the deduction of relevant withdrawal charges).
6.6.3
If You want to recover funds from closed, blocked or excluded accounts, You need to contact the support.
6.7
Inactive accounts
6.7.1
An inactive User Account is an account that has not been accessed for an uninterrupted period of twelve (12) months.
6.7.2
Once Your User Account is considered inactive, RDY Arena will contact You via e-mail to inform You that the User Account may be closed thirty (30) days from dispatching such e-mail, unless You log in. Account closure means that any funds still residing in Your Account Balance may be transferred back to RDY Arena to be used for promotional purposes, donated to connected charities or otherwise used to further improve the Site.
7.
Third-party Payment Providers
7.1
RDY Arena uses the services of third-party electronic payment processors and financial institutions (henceforth “Payment Providers” to process deposits and withdrawals into and from the User Accounts. The information that RDY Arena provides and receives from the Payment Providers and the manner in which such information is used and disclosed is in accordance with these Terms, and where applicable, any third-party Payment Provider’s terms and conditions.
7.2
You irrevocably authorize RDY Arena to instruct such Payment Providers (e.g. PayPal) to handle Your User Account deposits and withdrawals from Your User Account, as reasonably required to provide the Services. You agree to be bound by the terms and conditions of use of each applicable Payment Provider, and in the event of a conflict between these Terms and the Payment Provider’s terms and conditions, then these Terms shall prevail. You agree that RDY Arena is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third-party in connection with the use of the Services or the Site.
8.
Malfunctions, Fraud and Unauthorized Access
8.1
You agree, without limitation, that RDY Arena is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from the game play on the Platform, or any incorrect or inaccurate results that may be posted on or in relation to a Game. You also agree that RDY Arena is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or Your User Account.
8.2
You may not:
8.2.1
gain unauthorized access to the Site’s systems or any other’s User Account other than Your own, interfere with the communications, procedures or performance of the Site or deliberately damage or undermine the Site;
8.2.2
affect the outcome of Your online game play by means of or with the assistance of macros, bots, automated programs, cheating software, screen analysis utilities, player collusion, any type of modifications or otherwise commit fraud in relation to the Site;
8.2.3
alter the human skill component of any game played on the platform;
8.2.4
intentionally play poorly below Your skill level in order to be matched with a less skilled User; or
8.2.5
participate in any Match, Tournament or Game offered on the Site by means of automatic, macro, programmed bots, or similar methods, or to otherwise commit fraud with regard to the Site. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of Your User Account and forfeiture of all Prizes, bonuses and incentives to which You would otherwise be entitled to, but potentially lead to civil and/or criminal prosecution. RDY Arena, in its sole discretion, reserves the right to terminate any User’s User Account who is suspected of tampering with their game results for the Match or Tournament entered, or who otherwise violates these Terms and to seek legal enforcement to the greatest extent possible.
9.
Matches and Matchmaking
9.1
You agree that RDY Arena is appointed as an agent to communicate issued Match requests, the receipt of such requests between You and other Users, and the results of a Match. RDY Arena does not in any way participate in any Match.
9.2
By accepting a Match request (participating in a Matchmaking event), You expressly confirm that You have read and understood the nature of the Match and the terms under which You will participate.
9.3
Once You have joined a Match through Matchmaking You agree to play the Match to completion with any matched teammates or opponents. RDY Arena may determine, in its absolute discretion, when the Site is open for issuing or participating new Matches.
10.
Tournaments
10.1
The Tournaments are governed by these Terms in combination with the terms and conditions applicable for each Tournament. If the terms and conditions applicable for each Tournament are in conflict with these Terms, these Terms shall prevail.
10.2
By creating a Tournament or Competition and confirming that You will participate, You expressly confirm that you have read and understood the nature of the Tournament and the terms under which you will participate.
10.2.1
By creating a Tournament or Competition You are sole liability and responsibility for all reporting to provincial-, state-, and local authorities in connection with any Prizes awarded in the Tournament or Competition.
10.3
By joining a Tournament and confirming that You will participate, You expressly confirm that You have read and understood the nature of the Tournament and the terms under which You will participate.
11.
Prizes and Currency
11.1
The Prizes are awarded to You in their entirety, and all national, provincial, state, and local taxes due in connection with any Prizes awarded, are Your sole liability and responsibility. RDY Arena reserves the right to retain a predetermined portion of up to 20% of the Prize as commission in all Pay-to-enter Competitions and Tournaments.
11.2
The outcome of the Matches and Tournaments offered are directly related to the number of participants and the skill level of each participant. RDY Arena does not comment and makes no representations about Your or any other User’s chances of winning or losing.
11.3
All monetary Prizes are directly deposited as Credits in the winner’s User Account. All Credits and Prizes are denominated in EUR unless otherwise noted. All references to EUR on the Site are references to the currency EUR. If You make a payment that is denominated in a currency other than EUR, the funds will be converted into EUR by the Payment Provider. You may be charged a service fee for such currency conversion amounting a percentage set by the given Payment Providers. The conversion rate used is not under the control of RDY Arena.
11.4
The results and Prizes of each Match or Tournament will be determined with actual game and server data as well as by RDY Arena and its Administrators. Such determinations are final and cannot be appealed. By registering and/or participating in any Match or Tournament, You agree to be bound by these determinations.
12.
Promotional Activities
12.1
When registering for a User Account, You agree that RDY Arena may display Your username, gameplay data and statistics, tournament records and any other information with regard to Your gaming activity on the Site.
You agree to allow RDY Arena to print, publish, broadcast and use, worldwide, in any media and at any time, Your username, gameplay data and statistics, tournament records and any other information with regard to Your gaming activity on the Site, for promotional, marketing or related purposes without additional compensation.
12.2
If You submit or transmit audio, video, or text materials to the Site, including, but not limited to, comments, question, suggestions, drawings, or computer programs (collectively “Submissions”), You grant RDY Arena and its affiliates, its partners and distributors, a non-exclusive, worldwide, royalty-free, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those Submissions, in any form, media, or technology, for the purpose of developing and marketing game products, Matches and Tournaments. You hereby waive, to the fullest extent possible under applicable law, any moral rights You may have to such Submissions.
12.3
You represent and warrant that You have all rights necessary to grant RDY Arena and its affiliates the license above and that none of Your Submissions are defamatory, violate any rights of third parties, including, without limitation, any intellectual property rights, or violate applicable laws.
13.
Intellectual Property Rights
13.1
By registering for a User Account and participating in any Match or Tournament offered on the Site, or using the Services, You acknowledge that all content included in the Services, including but not limited to, all Site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Services (collectively the “Content”) is owned or licensed by RDY Arena and/or its licensors.
13.2
You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. RDY Arena neither warrants nor represents that Your use of the Content will not infringe rights of third parties. While RDY Arena uses reasonable efforts to include accurate and up-to-date information, RDY Arena makes no warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content.
13.3
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed and forming part of the Content, including the names of all Games, Matches and Tournaments, are registered and unregistered Trademarks of RDY Arena and/or others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks displayed on the Site without the prior written permission of RDY Arena or such third party that owns the Trademark. Your misuse of any Trademark or any other Content, except as provided in these Terms and applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited.
13.4
RDY Arena will enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of civil litigation and referral for criminal prosecution where appropriate.
14.
Privacy Policy
14.1
RDY Arena’s Privacy Policy describes the practices concerning personal data that You provide or that RDY Arena may collect about You through the Services.
14.2
The Privacy Policy can be found here. (insert link)
15.
Complaints
15.1
In case of any complaints on the Site or the Services, such complaints shall be directed to RDY Arena by;
On-site chat support or,
E-mail: support@rdyarena.com
15.2
In order for RDY Arena to deal with Your complaint quickly, the complaint must contain clear information about Your identity as well as all relevant details giving rise to the complaint. RDY Arena will use its best efforts to promptly resolve a reported matter and reach an amicable settlement.
15.3
Any claim You might have regarding any transaction must be made within six (6) months after the transaction and/or payment took place/should have taken place; otherwise RDY Arena will not consider the claim. Once a claim is received, RDY Arena will review any queried or disputed transactions and inform You about the outcome. RDY Arena’s decision is final.
16.
Anti-spam Policy
16.1
RDY Arena prohibits any activity commonly referred to as “Spam”, which is defined as:
16.1.1
electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
16.1.2
messages posted to message boards or chats that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume;
16.1.3
solicitations posted on chat rooms, or to groups or individuals via Internet Relay Chat or Instant Messaging system (such as Skype, Facebook Chat and Twitter);
16.2
If You are reported and the claims of Spam are validated by RDY Arena, RDY Arena may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
16.2.1
Account suspension: Upon receipt of a credible and validated complaint, RDY Arena may elect to immediately suspend Your User Account implicated in the abuse. Suspension serves as a “final” warning and will prevent You from continuing the abusive spamming behaviour. RDY Arena will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion and may void any associated Prizes. RDY Arena reserves the right to lift Your suspension at any time, at its sole discretion.
16.2.2
Account termination: Upon receipt of a credible and validated complaint, RDY Arena may immediately terminate Your User Account implicated in the abuse and may void any associated Prizes.
16.3
If You wish to report a violation of RDY Arena’s Anti-Spam Policy, please forward all evidence of abuse to support@rdyarena.com.
17.
Anti Money Laundering Reporting
17.1
RDY Arena need to comply with the Money Laundering and Terrorist Financing Prevention Act (SFS 2009:62) and any other associated regulations. RDY Arena shall check all transactions and report any suspicious transaction to the relevant competent authorities in Sweden.
17.2
If You become aware of any suspicious activity relating to any of the Games on the Site, You must report this to RDY Arena immediately.
17.3
RDY Arena may suspend, block or close any User Account and withhold funds, in accordance with the abovementioned act.
18.
Rules of Conduct
18.1
RDY Arena reserves the right to remove any User generated content and temporarily or permanently ban Users who violate these rules of conduct (henceforth “Rules of Conduct”), or who in any way;
18.1.1
abuse the community purpose of the chat areas,
18.1.2
post obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind,
18.1.3
impersonate other Users,
18.1.4
post opinions or comments that attack individuals, companies or products,
18.1.5
advertise or promote other companies, URLs, and any other kind of advertisement or promotion,
18.1.6
share personal information (name, phone number, home address, password),
18.1.7
post copyrighted or trademarked material,
18.1.8
use any advanced fonts, Java, tables, HTML, or other programming scripts or commands,
18.1.9
Sverok Code of Conduct – We adhere to the principles laid out by organization Sverok in their esports Code of Conduct. See An esports Code of Conduct to read or download it in English.
18.2
Information disclosed on the Site’s chat rooms, direct messages, message boards by comments or other electronic messages becomes the property of RDY Arena and may be publicly disclosed. RDY Arena is not responsible for any information that You choose to disclose.
19.
Breach of Terms
19.1
RDY Arena reserves the right to take immediate action in the event that You are believed of failing to observe the terms of the Rules of Conduct or violating these Terms. Such actions include but are not limited to, suspending or terminating Your User Account, or the Credits, void Your scores, change Your feedback, seize funds in Your User Account to repay contestants who You have cheated against and/or commence legal proceedings against You.
19.2
RDY Arena reserves the right to suspend or terminate the User Account of any User who is in violation or who RDY Arena suspect may be or will be violating these Terms. If such violations occur and a User Account is terminated, RDY Arena reserves the right to determine how such a User’s User Account balance will be distributed.
19.3
RDY Arena may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrongdoing. RDY Arena reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that You:
19.3.1
have breached any term of these Terms;
19.3.2
are participating in any attempt to defraud RDY Arena or the Site through the use of credit cards or other methods of payment, regardless of the outcome;
19.3.3
have failed to honor legitimate charges or requests for payment, or has ‘charged back’ or denied any of the purchases or deposits that You made to Your User Account;
19.3.4
are participating in any attempt to cheat another User through collusion or other techniques, regardless of the outcome; or
19.3.5
have become bankrupt or subject to analogous proceedings anywhere in the world.
19.4
For breaches of the Terms (including the Rules of Conduct) that are deemed by RDY Arena, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their User Account suspended at the discretion of RDY Arena. Repeated offences will be deemed to be intentionally violating the Terms. If You are suspected of having violated the Rules of Conduct, RDY Arena reserves the right to suspend Your User Account, including any access to the Site, or freeze the Credits and any account balance or withdrawals pending for up to six months while an investigation occurs.
19.5
RDY Arena reserves the right to terminate Your User Account, limit or prohibit Your participation in any Match, Game or Tournament. If applicable, all charged monies (deposits), less fees and withdrawals, will be returned to You. All Prizes (if any) may be voided at the sole discretion of RDY Arena. Any person whose access has been suspended or terminated may not re-register for, or re-access, the Site without RDY Arena’s prior written consent.
20.
Local Laws
20.1
You are subject to all laws of the province, state, and/or country in which You reside and from which You access the Services and is solely responsible for obeying the laws of such jurisdiction. You agree that RDY Arena and its affiliates cannot be held liable if applicable law restricts or prohibits Your participation or use of the Service. RDY Arena and its affiliates make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Match, Tournament or Game offered on the Site nor shall any person affiliated, or claiming affiliation, with RDY Arena and its affiliates have authority to make any such representations or warranties. RDY Arena and its affiliates reserve the right to monitor the location from which You access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
21.
No Waiver
21.1
The failure of RDY Arena to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by You of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of RDY Arena to enforce each and every such provision thereafter. The express waiver by RDY Arena of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
22.
Disclaimer of Warranties and Force Majeure
22.1
While RDY Arena uses reasonable efforts to include accurate and up-to-date information, RDY Arena specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all RDY Arena web sites, either now operating or created in the future. RDY Arena disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. RDY Arena disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Site.
22.2
Without limiting the foregoing, under no circumstances shall RDY Arena be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third-parties, or loss of or fluctuations in heat, light, or air conditioning.
22.3
Your use of the Services is at Your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. RDY Arena expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. RDY Arena makes no warranty that:
22.3.1
the Services will meet Your requirements,
22.3.2
the Services will be uninterrupted, timely, secure, or error-free,
22.3.3
the results that may be obtained from the use of the Services will be accurate or reliable,
22.3.4
the quality of any products, services or information purchased or obtained by You through the Services will meet Your expectations,
22.3.5
Your messages, data or information, in whatever form or medium, will not be lost, and
22.3.6
any errors will be corrected. Any material downloaded or otherwise obtained through the Services is done at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from RDY Arena, or through or from the Services will create any warranty not expressly stated in these Terms.
22.4
You understand and agree that downloaded or otherwise obtained material or data through the use of the Site is at Your own discretion and risk and You will be solely responsible for any damages to Your computer system or loss of data that results from the download of such material or data. RDY Arena and its affiliates are not responsible or liable for content posted by the Users, third parties, actions of any third party or for any damage to, or virus that may infect a User’s computer equipment or other property.
23.
Limitation of Liability
23.1
You agree that RDY Arena and its affiliates will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RDY Arena and its affiliates have been advised of the possibility of such damages), resulting from:
23.1.1
the use or inability to use the Services;
23.1.2
the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received, or transactions entered into through or from the Services;
23.1.3
unauthorized access to or alteration of transmissions or data;
23.1.4
statements or conduct of anyone in connection with the Services; or
23.1.5
any other matter relating to the Services. If, notwithstanding the other provisions of this Terms, RDY Arena and its affiliates are found to be liable for any damage or loss which arise out of or is any way connected to Your use of the Services, liability of RDY Arena and its affiliates shall be limited to the total of any funds lost by You by participating in any Match, Tournament, Game or any fees with respect to any Service or feature of the Services paid in the six months prior to the date of the initial claim made against RDY Arena and its affiliates, but shall in no circumstances exceed EUR 1,000.
24.
Indemnification
24.1
By registering and/or participating in any Services offered on the Site, You agree to indemnify, defend, and hold harmless RDY Arena, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns (collectively, the “indemnitees”) in respect of all claims, costs (including reasonable legal fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with Your use or misuse of the Services (including without limitation use of Your User Account, whether or not authorized by You). RDY Arena retains the right to assume the exclusive defence and control of any claim supporting indemnification, and in such cases, You agree to cooperate with RDY Arena to defend any such claim. You will not settle any claim covered by this section and the disclaimer of warranties without RDY Arena’s prior written approval.
25.
Severability and Assignment
25.1
If any portion of the Terms is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.
25.2
You may not wholly or partly assign or pledge Your rights and obligations under these Terms to any third party except with the prior written consent of RDY Arena.
26.
Notices
26.1
Unless otherwise agreed between the parties, any notice, request, consent and other communication to be given by a party under these Terms (henceforth “Notice”) shall be in the English or Swedish language and deemed to be valid and effective if personally served on the other party or sent by registered prepaid airmail to the other party’s known address.
26.2
Any notice or other communication shall be deemed to have been served:
26.2.1
if delivered by hand, when left at the address referred to above;
26.2.2
if sent by registered letter, the second day after it is sent; or
26.2.3
if sent by email, on the date sent if receipt of the email is confirmed by the recipient.
26.3
If a notice is given or is deemed to have been given at a time or on a date which is not a business day, it shall be deemed to have been given on the next business day, with business day in this context meaning any such day as the commercial banks are open for business in Sweden.
27.
Governing Law and Disputes
27.1
These Terms will be governed by and construed in accordance with the national laws and provisions of the country of Sweden. You hereby consent to the exclusive jurisdiction of and venue in Swedish courts, for all disputes arising out of or relating to the Services. Notwithstanding any other provisions of these Terms, RDY Arena may seek injunctive or other equitable relief from any court of competent jurisdiction. You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.
RDY Arena makes no representation that the Site is operated in accordance with the laws or regulations of, or governed by, other nations.
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