PLEASE READ CAREFULLY THESE TERMS OF USE BEFORE USING OUR SERVICERS. THESE TERMS OF USE SPECIFY YOUR LEGAL RIGHTS AND OBLIGATIONS.
Skilltech Esports Ventures Ltd (“SEV”) is making its best efforts to operate and provide the most exciting Esports skill games through its website both through desktop or mobile applications (“services”) on the Internet. You may access and use our services and participate in our Esports skill games contests subject to the Services Terms of Use (”Terms of Use”), our privacy policy ("Privacy Policy"), our Rules and any law or regulations (“Entire agreement”).
These Terms of Use are a legal agreement between you and SEV, and shall apply while and/or after using the services or termination.
By accessing, registering or using SEV’ services or by accepting, downloading, uploading, submitting or providing any personal data, information or content from or to SEV, you: (a) agree and accept these Terms of Use, (b) confirm and acknowledge that you read these Terms of Use, (c) confirm, acknowledge and accept all obligations and rules that may be included within each contest you participate in (“rules”), (d) agree to be bound by these Terms of Use, (e) are authorized and able to accept these Terms of Use. If you don’t wish to be bound by these Terms of Use, do not use access, register, accept, download, upload, submit or provide any personal data, information or content to SEV’ services. By declining these Terms of Use, you will not be able to participate and/or use SEV’ services.
The contests offered by SEV are contests of skill. SEV’ services use objective criteria to determine the winners subject to contest rules, time frames, scores, and any other applicable factors related the contest. Winners are the users who use their skills and knowledge to win the contest. Please note that SEV’ services and contests are forbidden to be used for illegal gambling whatsoever.
These terms must be abided at all times otherwise SEV may immediately close or suspend your account: You must be at least 18 (Eighteen) years old to register, participate and/or use SEV’ services. In certain countries, states or territories, the eligible age may be greater than 18 (Eighteen) years old, you must meet the age requirement in your local country, state or territory to register, participate and/or use SEV’ services.
In certain countries, states or territories, SEV’ services may be restricted, i.e. you are forbidden to register, participate and/or use SEV’ services in these certain countries, states or territories. You must be physically located within an unrestricted U.S. country, state or territory when accessing, participating and/or using SEV’ services.
You must be a resident of an unrestricted country, state or territory when accessing, participating and/or using SEV’ services.
SEV’ employees and their immediate family members (including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are forbidden to register, participate and/or use SEV’ services which offer cash prizes.
Any person prohibited from participating pursuant to court order is forbidden to register, participate and/or use SEV’ services
An account holder shall be a sole natural person, qualified under the eligibility terms and provides SEV with all required registration details. By providing your payment method information in order to use SEV’ services in real money contests you, as the account holder, hereby confirm that you are the lawful owner of the payment method used to make any deposit for the use of SEV’ services. Any use of payment method which is not owned by the account holder shall be a violation of these Terms of Use.
You may open only one account per person to use SEV’ services. If SEV finds that you have opened more than one account per person, it reserves the right to suspend or close any and/or all of your accounts and may terminate, reject, suspend or revoke any of your awards and/or prizes in addition to any other rights that SEV may have. Allowing any other person to use your account with SEV, shall be considered as a violation of these Terms of Use. You are responsible for the confidentiality of your access details and/or your account and you accept responsibility for all activities, operations, damages, charges and fees that occur under your account. It is your responsibility to use strong and secure passwords, you may also be required to change your passwords periodically. If you suspect that someone is using your account without your permission, you must contact us immediately. SEV shall will not be responsible for any damage, charge or loss due to your failure to notify us of an unauthorized use. You must provide us at all times accurate, complete and updated information.
By using SEV and entering a contest, you agree to be bound by SEV’ services and/or the contest’s rules which shall be binding and final in all respects. SEV at its sole discretion, may disqualify any user from a contest, refuse or cancel any award benefits or prizes and may require the return of any award benefits or prizes, if SEV suspects and/or believes the user engages or was engaged or made any improper, unfair, misconduct or abuse operation in the contest against other users. Conduct that would be deemed improper, unfair, misconduct or abuse shall include (but not limited to): Providing false personal data required to register, participate and/or use SEV’ services and/or enter a contest;
Providing false personal data required to or claim award and/or a prize;
Any financial fraud including unauthorized use of ant payment method to enter a contest or claim an award and/or a prize;
Grouping and/or collaborating with any other user or users;
Engaging in any type of syndicate play;
Any violation of SEV’ Terms of Use and/or contest rules;
Using a single account to use SEV’ services and/or participate in a contest on behalf of multiple users or collaborating with other users to participate in any contest;
Using automated means (including but not limited to systems, scripts and third-party tools) to interact with SEV’ services in any way;
Using automated means (including but not limited to systems, bots, robots, parser, spiders or screen scrapers) to collect, obtain or access any information on the entire SEV’ services, its users and providers for any purpose;
Any type of system abuse, including but not limited abuse of bugs, online delays, infrastructure crashes, technical mismatches and problems or any other system failure;
Any type of bonus abuse, referral program abuse or abuse of any other promotions and offers; Hacking and/or tampering with the administration of SEV’ services or trying to in any way to hack and/or tamper with SEV software, security, servers or systems;
Obtaining other users’ personal data;
Spamming other users;
Use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion; Spamming other users;
Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted;
Users hereby acknowledge that the cancellation and/or return of any award and/or prize shall not prevent or limit SEV from taking any legal proceedings, criminal and/or civil, in connection to any violation. By using SEV’ services and/or entering a contest or accepting any award or prize, you agree to indemnify, release and to hold harmless SEV, its related companies, mother companies, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the said entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and/or property in connection with participation in the contest, the acceptation, ownership, use or misuse of any award and/or prize while using, participating in award and/or prize related activities, as well as any claims related to privacy violation, and any third party rights. To be eligible to use SEV’ services and participate in any contest or get any award and/or prize, the account holder may be asked to provide SEV with additional information and/or personal data for the purpose of user identification, authentication and proof that all eligibility terms are met. In case of a dispute related to the identity or eligibility of a user, SEV reserves the right to use certain information previously collected to assist with the identity verification and/or the eligibility of such user. Using SEV’ services and participation in each contest must be made only in accordance with the Terms of Use. Non-compliance with these Terms of Use may cause disqualification and/or winning cancelation. In regards to treatment of personal data, all users and winners confirm and consent to the use of their name, voice, photo and profile data in connection with the development, production, distribution and/or usage of SEV’ services or contests. All users and winners confirm and consent that from the date of notification by SEV of their winnings or any other position and until SEV decides in its sole discretion, they will make their personal data available for marketing purposes, publicity, and promotion and advertising activities.
SEV reserves the right to move users from the contests they have entered to substantially similar contests in certain conditions in its sole discretion. SEV reserves the right to cancel contests at any time. In the event of a cancellation, all entry fees will be refunded to the user except as specifically provided in these Terms of Use. If, for any reason, a contest is not running properly in accordance with the terms of use and/or contest rules whatsoever, SEV reserves the right, in its sole discretion, to disqualify any user involved in such action and/or to cancel, terminate, extend, modify or suspend the contest, and select the winner from all eligible users. If such cancellation, termination, modification or suspension occurs, notification will be posted to the applicable users.
SEV reserves the right, in its sole discretion, to suspend or cancel a contest or contests in the case of a technical failure, malicious virus, bugs, unauthorized access or other events which cause corruption of management, administration, security, fairness, integrity, eligibility or any other interference to the proper operation of any contest.
ANY USER OR ANY OTHER INDIVIDUAL’S ATTEMPT TO INTENTIONALLY HARM SEV’ SERVICES AND/OR CONTEST OR AFFECT THE LEGITIMATE OPERATION OF ANY CONTEST, IS INCURRING IN A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SEV RESERVES THE RIGHT TO TAKE ANY LEGAL PROCEEDINGS, CRIMINAL AND/OR CIVIL, IN CONNECTION WITH SUCH VIOLATION IN ADDITION TO ANY OTHER REMEDIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Prizes shall only be granted if a contest correctly initiated run and completed. Guaranteed prizes are offered in connection with some of the contests offered by SEV. Each contest or promotion are subject to its own set of rules. We strongly recommend you to read these contest and promotions rules before your participation.
Contest results and prize calculations are based on objective criteria generated by SEV’ services at the completion of each contest. Once the contest results are reviewed, checked and the winners determined, prizes are awarded. The results of the contest shall not be changed unless a contest violation is found, in such case SEV reserves its right to re-examine and investigate the contest. The result of each contest will be announced after each contest except in circumstances where technical failure or SEV re-examination and investigation are conducted. Contest prizes are listed in the prize table list. Prizes won are added to the winner account balance.
You may pay SEV fees and payments for participation in contest (“Fees”). When fees are charged to your account, you agree to pay those fees. All fees are stated in US Dollars and must be prepaid. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals. The price of SEV’ services may change at any time.
SEV may change its fees and billing procedures and/or application with or without notice to you. By providing a payment method, you (1) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (2) authorize us and our partners to charge your payment method for using SEV’ services, and (3) authorize us and our partners to charge you for any paid feature of SEV’ services that you choose to sign up for. SEV or our partners may bill you (a) in advance, (b) at the time of purchase, or (c) shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, neither we nor our partners (i) will be liable for any losses resulting from the error, and (ii) will be required to correct the error or provide a refund. If we or our partners identifies a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we, or our partners, incur to collect any past due amounts, including without limitation any reasonable legal fees and expenses.
If you participate in a contest which requires an entry paid in US Dollars real-cash contest then you must have sufficient positive balance in your account for entry fees in real-cash contests. Note that under these Terms of Use, you must submit and maintain at all times your accurate personal information. Participating in real cash contests may require a positive account balance in any amount we or our partners determine. By submitting your accurate personal information, you consent, agree and allow us and our partners to share your personal data and payment information in confidence with third party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purpose as detailed in our Privacy policy. If you make a credit card deposit, the minimum deposit shall be least 10 US Dollars (Ten).
If you are a real cash user, then you may be granted bonus funds and/or credits (“bonuses”). Bonus Funds can be used to enter real cash contests, but cannot be withdrawn or used for any other of SEV services. Notwithstanding the foregoing, additional Bonus Funds will be used to enter real cash contests only if the bonus funds are the only funds available in your account. When you win a real-cash contest, any bonus funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in US Dollars. If you initiate a withdrawal of funds from your Account, you will forfeit all bonus funds currently in your Account. If you do not enter a real cash contest within a continuous 60 days’ time period, all bonus funds in your account will be forfeited.
As a real cash user, you may request a withdrawal of funds from your available Account balance at any time. Digital assets and bonus funds cannot be withdrawn. Processing of requested funds is made to the same payment method used to make your deposit. Note that that we or our partners, may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse, verification of eligibility or to comply with any Applicable Laws.
Processing fee of $2.00 or more for shall apply for any withdrawal of less than $10.00 US Dollars. SEV may charge additional transfers and Processing fees subject to the rates, cost and expenses of your payment method or our financial institution. In any case you shall bear any processing, transfers and withdrawal fees which may occur.
SEV may charge your account a monthly maintenance fee of $2.00, if your account is inactive (i.e. you have not entered at least 1 (One) tournament for 6 (Six) or more consecutive months). The monthly maintenance fee will be deducted from your account each consecutive month once it becomes inactive. The monthly maintenance fee will not be deducted from your account if there are no funds in its balance. However, if your account has no funds and has been inactive for 6 (Six) or more consecutive months, it may be closed and/or terminated.
Each contest that is not free to enter has an entry fee quoted in US dollars. When you select to participate in a contest and complete the entry process, the listed amount of US dollars will be deducted from your account balance. You agree to pay all Fees that are to be charged and deducted from your account. The price of SEV’ services may change from time to time.
All Fees must be prepaid and are final. No refunds will be issued. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals.
If any of your deposits is charged back, any winnings generated from SEV’ services shall be canceled, invalidated, and deducted from your balance. Note that also the initial amount of your deposit will be canceled, invalidated, and deducted from your balance. SEV reserves the right to immediately suspend or close your account without notice due to such charge back in addition to any other rights that SEV may have.
Users may withdraw their cash prizes and/or deposits by using the withdrawal option. Subject to these Term of Use, anti-money laundering procedures and security reasons, SEV may approach you before making any withdrawal or payment, and request from you to complete your personal data verification, sign a declaration of eligibility in which you represent and warrant your eligibility to use SEV’ services and participate in a contest, and that you are in compliance with these Terms of Use. In addition, you may be required to provide SEV with documentation, supporting evidences or proofs of your eligibility and compliance with these Terms of Use.
Users may be requested to complete the abovementioned declaration of eligibility and/or a liability/publicity release according to any applicable law and/or appropriate tax forms. In addition, forms of identification shall be required including but not limited to passport, identity card, driving license, proof of address, proof of residence and/or any other information relating to withdrawal/deposit accounts requested by SEV in order to complete the withdrawal procedures.
If you fail to provide such declaration, documentation, supporting evidences and proofs within 7 (Seven) days, SEV shall conclude you to not meet the eligibility requirements or that you are not in compliance with these Terms of Use. SEV reserves, in this case, the right to suspend and close your account, and also withhold or cancel the awarding of any prizes related to your account. In such conditions, SEV may pay out these withheld or cancelled prizes to other users in the relevant contest in accordance with the contest rules.
You can request a withdrawal from your account at any time. Requests for withdrawal will be processed by the later of 5 (Five) business days or 10 (Ten) business days (in case of submission of any tax reporting paperwork required by law), after the reception of documentation, supporting evidences or proofs of your eligibility and compliance with these Terms of Use, unless SEV suspects and/or believes in good faith the account to be involved in a fraudulent activity or in a violation to any applicable law. A withdrawal request will be considered processed if it was processed by SEV but delayed by a payment processor, credit card issuer, other payment method or financial institution.
Residents of Missouri can withdraw their funds, whether such account is open or closed, within five (5) business days of the request being made, unless SEV suspects and/or believes in good faith the account to be involved in a fraudulent activity or in a violation to any applicable law. In such case SEV may decline that request for withdrawal for a reasonable period of time for investigation which will be notified to you. Promotional deposits, credits, and other bonuses may not be withdrawn from your account unless you meet the terms and requirements of the promotion.
All taxes related to withdrawal of any awarded prize are the sole responsibility of the winner. In the case that any prize withdrawal is challenged by any legal authority, SEV reserves the right, in its sole discretion, to decide whether or not to award such prize.
Transfer or substitution of prizes is forbidden among users. SEV may replace a prize of equal or greater value if the original prize is unavailable. All prizes are awarded "as is" and without warranty of any kind. Any withdrawal requests, subject eligibility and compliance with these Terms of Use, shall be credited back to the same credit card or payment method used to deposit the funds. SEV will allow withdrawals to a different credit card or other payment method in case that the aggregate amount of such deposit is lower than the withdrawal amount. In any case whatsoever, the funds shall be sent to accounts that match the name of the credit card or other payment method used to deposit the funds.
If you are a U.S. resident, we, or our partners, may send you an IRS Form W-9 and/or 1099-MISC and/or other appropriate form if your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
Users’ deposits and winnings after contests are finished may be held in bank account and/or payment processors and/or electronic money institutions (EMI). SEV shall take appropriate steps to prevent unauthorized withdrawals from users’ accounts. In the event of a dispute related to the identity of a user, SEV may request documentation, supporting evidences or identity proofs, including but not limited to passport, identity card, driving license, proof of address, proof of residence and/or any other information. If a user cannot validate his\her identity and account, SEV will not release the funds from the account. Once a month, SEV shall reconcile the users’ balances in the banks account, payment processors, other payment methods and EMIs.
Users that have concerns regarding their account balances with SEV, may contact us at [email protected]. We shall use our best efforts to respond to such inquiries within ten (10) days.
In addition to any other legal or equitable remedy, SEV may without prior notice immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the SEV’ services and Website. SEV may revoke any password(s) and/or account identification issued by you and deny your access to and use of the services and website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SEV SHALL NOT RESPONSIBLE FOR: ANY INCORRECT, INVALID OR INACCURATE INFORMATION; HUMAN ERRORS; POSTAL AND/OR TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC ELECTRICITY, UTILITY OR COMMUNICATION OUTAGES; OMISSIONS, INTERRUPTIONS, DELETIONS OR DEFECTS OF ANY ELECTRICITY OR COMMUNICATION SYSTEM OR NETWORK; ONLINE SYSTEMS, DATA, COMPUTER EQUIPMENT, SERVERS, PROVIDERS, OR ANY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO ANY USER OR ANY THIRD PARTY EQUIPMENT RELATING TO THE USE OF SEV SERVICES AND/OR FROM PARTICIPATION IN A CONTEST; INABILITY TO ACCESS SEV’ SERVICES OR ANY RELATED ONLINE PAGES; HACK, THEFT, TAMPERING, DAMAGE, DELETION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES AND/OR IMAGES OF ANY KIND; INCOMPLETE, ILLEGIBLE AND UNAUTHORIZED ENTRIES; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST DUE TO COMMUNICATION; POSTAL ISSUES, SERVERS OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON COMMUNICATION OR TRANSMISSION SYSTEMS, OR THE ONLINE NETWORK, OR ANY SERVICE PROVIDER'S FACILITIES, PRINTING OR OTHER ERRORS OR FOR ANY OTHER REASON WHATSOEVER OR ANY COMBINATION THEREOF.
SEV’ SERVICES AND ITS WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM SEV’ SERVICES AND ITS WEBSITES, ARE PROVIDED "AS IS," "WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SEV AND ITS RELATED PATIES, MOTHER COMPANIES, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (1) SEV SERVICES AND ITS WEBSITES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED BY SEV’ SERVICES AND ITS WEBSITES; (C) THE FUNCTIONS, OPERATION AND ACCESS THROUGH SEV’ SERVICES AND ITS WEBSITES; (D) THE NOTIFICATIONS AND INFORMATION SENT BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED BY SEV’ SERVICES AND ITS WEBSITES THROUGH THIRD PARTIES; (F) THE SECURITY OF SENSITIVE INFORMATION OF SEV’ SERVICES AND ITS WEBSITES. SEV DOES NOT WARRANT THAT ANY OF THE WEBSITES' FUNCTIONS, OPERATION OR ANY CONTENT CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT SEV’ SERVICES AND ITS WEBSITES OR SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF BUGS, MALICIOUS VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF SEV’ SERVICES AND ITS WEBSITES IS LAWFUL IN ANY PARTICULAR TERRITORY AND, IN ANY EVENT, THE COMPANY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF SEV’ SERVICES AND ITS WEBSITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY TERRITORY WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, SEV AND ITS RELATED PARTIES, MOTHER COMPANIES, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS RELATED PARTIES, MOTHER COMPANIES, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME TERRITORIS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH TERRITORIES’ LAW IS APPLICABLE TO THESE TERMS OF USE.
YOU UNDERSTAND AND AGREE THAT SEV LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF SEV’ SERVICES AND ITS WEBSITES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL SEV, ITS RELATED PARTIES, MOTHER COMPANIES, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES (“SEV’S ENTITIES AND ITS REPRESENTATIVES”) OR OTHER REPRESENTATIVES OF EACH OF THEM, BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE USE SEV’ SERVICES AND ITS WEBSITES, THE CONTENT, OR YOUR INFORMATION; (2) THE USE OR PERFORMANCE OF SEV’ SERVICES AND ITS WEBSITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SEV OR AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH THIRD PARTY RIGHTS; (5) ANY ERRORS OR OMISSIONS IN THE USE OF SEVS SERVICES AND ITS WEBSITES TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF SEV’S ENTITIES AND ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT, TELECOMMUNICATIONS FAILURE, ACTS OF GOD, FRAUD OR CRASH OF THE WEBSITE. (6) IN NO EVENT SHALL SEV ENTITIES AND REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY; (7) IN STATES WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; (8) IN NO CIRCUMSTANCES THE TOTAL LIABILITY OF SEV’S ENTITIES AND ITS REPRESENTATIVES TO YOU SHALL EXCEED $100 (ONE HUNDRED US DOLLARS) FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (FOR THE AVOIDANCE OF ANY DOUBT, SEV’S ENTITIES AND ITS REPRESENTATIVES’ LIABILITY TO YOU ARISING OUT OF ANY WAY CONNECTED TO THESE TERMS OF USE SHALL BE $100 (ONE HUNDRED US DOLLARS) MAXIMUM); (9) SEV’S ENTITIES AND ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S EQUIPMENT, HARDWARE, SOFTWARE, OTHER OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY BUGS, MALICIOUS VIRUS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF SEV’ SERVICES AND ITS WEBSITES IS AT YOUR RISK. IF YOU ARE NOT SATISFIED WITH SEV’ SERVICES AND ITS WEBSITES OR ANY OF THE CONTENT, YOU MAY DISCONENCT AND CEASE ANY ACCESS AND/OR USE OF SEV’ SERVICES AND ITS WEBSITES. YOU ACKNOWLEDGE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SEV’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY OF SEV’ SERVICES AND ITS WEBSITES OR OTHER PROPERTY OR YOUR INFORMATION OR ANY RELATED ACTIONS THERETO. BY ACCESSING SEV’ SERVICES AND ITS WEBSITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY APPLICABLE LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
You understand and acknowledge that nothing in these Terms of Use shall grant or create any rights or other benefits to any third parties unless specifically provided in these Terms of Use. When using SEV’ services and websites and participating in any contest, you agree to indemnify, defend and hold harmless SEV, its related parties, mother companies, subsidiaries, affiliates and partners, and their directors, officers, employees, agents and representatives from and against any and all third party claims, actions, losses, liabilities, damages, costs, expenses, injuries, demands, suits, proceedings and judgments including any reasonable legal fees and court expenses ("Claims") arising out or in connection with your use of SEV’ services and websites, any payment methods used, any funding of your account, and/or your participation in any contest.
SEV’ services and websites may contain links to third party websites that are not owned or controlled by SEV. SEV shall have no responsibility for such content, privacy policies, or practices of any third-party websites. SEV will not and cannot control or edit the content of any third-party website. When you are using SEV’ services and websites, you expressly release SEV from any and all liability arising out from your use of any third-party website. SEV encourages you to be aware and read the terms and conditions and privacy policy of each other website that you visit. Third-party online providers that refer users to SEV’ services and websites, shall hold no responsibility or liability for SEV’ services and websites or any of its content, software, or operation.
The content of SEV’ services and websites, including without limitation, software, graphics, scripts, photos, videos, text, widgets and similar features, logos, trademarks, service marks and similar marks are Intellectual Property (“IP”) owned by SEV or licensed to SEV, subject to any IP rights under United States and international laws and conventions. The content of SEV’ services and websites is granted “AS IS” for your information and personal use only and may not be used, copied, reverse-engineered, distributed, transferred, broadcast, displayed, sold, licensed, or exploited for any other purposes whatsoever without the prior written consent of SEV. Under this Terms of Use, You agree not to use, copy, or distribute any of the IP other than expressly permitted under these Terms of Use. You hereby agree not to disable or interfere with security, prevention and restriction related features of SEV’ services and websites placed to limit the use of the IP therein.
SEV’ services and websites may allow you to send or transfer user materials such as: video, sound, text, content, entries, name, voice, communication, profile and other personal information, in any form, media, software, or technology of any kind or other materials (”user materials”) through SEV’ services and websites. When you provide SEV with user materials, you grant SEV, its related parties, mother companies, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licensable license to use, distribute, display, archive, edit, publish, sublicense, perform, change, transfer, broadcast, sell, translate, develop, manufacture, prepare marketing products and create derivative works of those user materials. You hereby waive any moral rights you may have on your user materials. The use of content that infringes in a way others’ copyrights, trademarks, other IP rights or privacy rights is forbidden and breaching these Terms of Use. You represent and warrant to SEV’ services and websites in specific relation to the user materials you grant SEV, its related parties, mother companies, subsidiaries, affiliates, and partners, that you have and will have all the rights necessary to upload, share or use of your user materials on SEV’ services and websites and that the use of user materials, as contemplated in this section, will not violate any applicable Laws or infringe any third party rights. You also agree that any user materials you submit shall not contain any material that is, in the sole discretion of SEV, inappropriate, harmful, unlawful, or otherwise offensive. Posting such user materials may result in account suspension or termination in addition to any other rights and/or remedies SEV may have. You hereby represent and warrant that you have all rights necessary to grant SEV’ services and websites the license above and that none of your user materials infringe any rights of third parties or violate any applicable law.
If you owned a user material before providing it to SEV’ services and websites, you will continue owning it after providing it to us, subject these Terms of Use. If you delete your user materials from the SEV’ services and websites, you agree and acknowledge that your user materials may still exist in our servers, backup copies and files. If your user materials are shared with third parties, those third parties may have retained copies of your user materials as well. In addition, if we made use of your user materials before you deleted it, we shall have the right to continue using such user material as aforesaid. Cancellation or termination of your account will not automatically delete your user materials. SEV’ services and websites have no obligation to monitor user materials and you agree that SEV, its related parties, mother companies, subsidiaries, affiliates, employees, agents and partners, shall not be liable for your user materials or any loss or damage derived from your user materials. Subject to SEV’s Privacy policy, we do not guarantee that user materials will be private, therefore, you should not provide SEV’ services and websites with user materials that you want to protect from others. SEV reserves all rights not expressly granted in and to SEV’ services and websites and the Intellectual Property.
The exclusive jurisdiction for proceedings involving any and all disputes, claims or disputes arising out of or relating to these Terms of Use, the breach thereof, or any use of SEV’ services and websites shall be the courts of Nicosia, Cyprus and the parties hereby waive any argument that any such court is not appropriate or convenient.
Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust or fiduciary relationship or joint venture between you and SEV. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SEV’s failure to claim any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
SEV reserves the right to amend these Terms of Use at any time and without notice. It is your responsibility to review and accept these Terms of Use for any changes when accessing and/or using SEV’ services and websites. A failure of SEV to comply with any provision of these Terms of Use due to force majeure such as: act of God, fire, explosion, flood, storm, lightning, war, insurrection, riot, civil disturbance, terrorism, fire, riot, earthquake, epidemic, pandemic, strike, lock-out, public power shortages, malfunctions or failures in public telecommunication or IT services, or breakdown of other public infrastructures, inability to obtain essential power, raw materials, labor, malfunction of machinery or apparatus, other industrial dispute, national defense requirements, acts or regulations of national or local governments and any actions of outside of SEV’s control or other force majeure event, will not be considered a breach of these Terms of Use.
SEV AND OTHER TRADEMARKS CONTAINED ON ITS WEBSITES ARE TRADEMARKS OR REGISTERED TRADEMARKS OF SEV. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
(Last Updated 8/16/2021)