THEBATTLE.CLUB website user agreement
The Internet resource THEBATTLE.CLUB, which is located at https://thebattle.club/ contains information about video games and their creators, as well as news of the gaming industry.
Use of the Site is possible only with full and unconditional agreement with the terms of this User Agreement.
A User who fully or partially disagrees with these terms and conditions is obliged to immediately cease any use of the Site.
1. Terms and Definitions
For the purposes of this User Agreement, the following terms have the following meanings:
The Site Administration — holds all exclusive property rights to the Site (including the Site domain name), materials posted on the Site, and administers and manages it.
Database — a collection of Information posted (to be posted) on the Site. All Information posted on the Site, as well as the selection, grouping and arrangement of Information, are the intellectual property of the Site Administration and (or) other copyright holders.
Information — any information posted (to be posted) by the User or the Site Administration on the Site, including: the User’s personal information, links to other sites, any text messages, game reviews, comments, photographs (images), audio and/or video works, computer programs, and other files.
Moderation — changing and deleting any Information available on the Site, including that added by the User.
User — any person using the Site. A User who has completed the registration procedure and received a login and password is a registered User and has their own Profile. Any User who accesses and uses the Site automatically agrees to these User Terms and accepts the requirements set forth in these User Terms.
User content is any content (text, video, image, reviews, feedback, comments, etc.) created by Users and posted on the Site.
A User Profile (account) is a special subsection of the Site protected by a password. The Profile contains information about the User that is posted by the User. Each User has the right to have only one Profile.
User's personal information is any information that the User provides about him/herself upon registration (creation of a User Profile) or in the process of using the Site, including the User's personal data, information that is automatically transferred to the Site Administration in the process of using the Site using the software installed on the User's device, including the IP address, cookie information, information about the User's browser, as well as other data about the User.
The Site is an Internet resource located on the Internet at https://thebattle.club/. Depending on the context, the Site also includes the Site software, the design (graphic design) of the Site, the Database, any section (subsection) of the Site, as well as the Information posted on the Site by the Site Administration and Users. All exclusive property rights to the Site belong to the Site Administration. Spam
— postal and other mailings of an advertising, informational, propaganda or other nature, the receipt of which is not authorized by the recipients.
Any terms and definitions used in this User Agreement that are not specified in the "Terms and Definitions" section will be interpreted in accordance with the meaning derived from the text of the User Agreement. In the event of any disagreement regarding the interpretation of a term and/or concept used in the User Agreement, the interpretation determined by the Site Administration will be applied.
2. Subject and general provisions of the User Agreement
2.1. This User Agreement (hereinafter referred to as the Agreement, Rules) establishes the rules and conditions for using the Site and posting Information on it and constitutes an agreement between the User and the Site Administration, which supersedes all previous agreements between the User and the Site Administration.
2.2. Access to the Site, use of the Site and/or performance of any other actions on the Site by the User means that the User accepts and undertakes to comply with all the terms of this Agreement. Completion of the User registration procedure on the Site means acceptance of this Agreement by the User.
2.3. The site administration has the right to use the following actions at any time and on any grounds without prior benefits, but does not assume any obligations for their obligations:
2.4. Restrict Users’ access, restrict or terminate access to the site;
2.5. By accepting this User Agreement, the User confirms that the Site Administration shall not be liable to him or any other persons for the implementation of any of the actions specified in the Agreement.
2.6. The User understands and agrees that the use of the Site may be accompanied by advertising, and that such advertising is necessary for the operation of the Site. The User also undertakes not to limit the display of such advertising or announcements by making changes to HTML/CSS or other means. By using the Site, the User acknowledges the right of the Site Administration to place such advertising without prior notice and without any compensation to the User or other users. The nature of the placement and the amount of advertising displayed on the Site are determined and changed at the discretion of the Site Administration. Correspondence and business relations with advertisers or participation in advertising campaigns conducted by advertisers, including payment, delivery, including conditions, warranties and presentations of the relevant services or goods mentioned in or found as a result of such relations, give rise to rights and obligations exclusively between the User and the advertiser. The User agrees that the Site Administration does not bear any responsibility or any obligations for causing any losses or damages incurred as a result of interaction with advertisers and/or the presence of advertising on the Site.
3. Registration on the Site
3.1. To gain access to all the Site's features, the User must complete the registration procedure on the Site. User registration is possible by performing a series of consecutive actions to fill out a registration form in electronic form, as a result of which such person becomes a registered User, receives an individual login and password to access all the Site's features.
3.2. The Site Administration has the right to block and/or delete the User Profile, deny access to all or some of the Site's features, and delete the User Information without explanation, including in the event of a violation of the terms of the Agreement by the User, as well as in the event that the User provides incorrect information about himself or herself or the Site Administration has reason to believe that the information about himself or herself provided by the User is unreliable, incomplete, inaccurate, violates the terms of this Agreement, or the User uses someone else's information.
4. Authorization on the Site
4.1. Each registered User has their own unique login and password, which are required for authorization on the Site. These individual login and password are intended only for this registered User.
4.2. The User undertakes not to disclose or transfer to third parties their login and password, and to take all necessary efforts to ensure that their login and password are not available to third parties. An individual login and/or password allows access to those sections of the Site that are available only to registered Users, as well as to personal pages of the Site intended only for this User.
4.3. If any person other than the User logs in to the Site using the User's login and password, all actions performed by such person will be considered to have been performed by this User. The User is solely responsible for all actions performed by him/her on the Site, as well as for all actions performed on the Site by any other persons using the User's login and password.
4.4. The registered User is solely responsible for the safety of his/her login and password, as well as for all consequences that may arise as a result of its unauthorized and/or other use.
4.5. In case of unauthorized use of his login and password or suspicion of such use, as well as any violations or suspicions of violation of the confidentiality of his account, the user is obliged to immediately notify the Site Administration.
4.6. The Site Administration is not responsible for any possible loss or damage of Information that may occur due to the User’s violation of the provisions of this part of this Agreement.
5. User's Personal Information
5.1. When processing the User's Personal Information, the Site Administration undertakes to take all organizational and technical measures to protect the User's Personal Information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions by third parties. However, it is possible that as a result of a failure in the Site's operation, a virus or hacker attack, technical malfunctions and other circumstances, the User's Personal Information may become available to other persons. The User understands this and agrees that he/she will not make any claims against the Site Administration in connection with this.
5.2. Although the Site Administration requires the User to provide a minimum of information when registering and authorizing on the Site, the User may, at his own discretion and desire, add personal data, and agrees that his Personal Information contained in the User Profile is publicly available, and any User of the Site may review it.
5.3. The User agrees that the Site Administration collects, stores and performs other actions to process the User’s Personal Information for the following purposes:
5.4. The User confirms that by posting their Personal Information on the Site, they do so voluntarily, and that they voluntarily provide this Information to the Site Administration. The Site Administration has no intention of collecting information considered personal data by current legislation, except in cases where such information was provided by the User voluntarily. By providing their personal data voluntarily, the User consents to the processing of their personal data, including their transfer and processing in accordance with current legislation. If the User does not want their personal data to be processed, they should not provide them on the Site.
5.5. The User undertakes not to post personal information of other persons on the Site without their consent and/or use personal information of other Users in any way that does not comply with the requirements of current legislation, for unlawful and/or illegal purposes, as well as for any other purposes that do not correspond to the purposes of using the Site.
5.6. The User has the right to change and/or supplement his/her Personal Information or any part of it at any time, if this does not violate the terms of this Agreement.
5.7. The User has the right to delete the Personal information provided by him/her in the Profile by contacting the site administration via the Feedback form. This action may limit the User's access to some features and sections of the Site.
5.8. The Site Administration shall not be liable for the use of the User’s Personal Information by other persons, including persons to whom the User’s Personal Information was transferred by the Site Administration in accordance with clause 5.9.
5.9. Without prejudice to other provisions of the Agreement, the Site Administration has the right to transfer the User’s Personal Information to third parties in the following cases:
6. Specifics of Posting Information on the Website
6.1. The User agrees that he/she bears sole responsibility for any materials publicly posted on the Website or confidentially transmitted using the technical capabilities provided to the User on the Website. By accepting these Rules, the User confirms that he/she holds all intellectual property rights in relation to the User Content and grants the Company the right to use, copy, create derivative works, distribute, publicly present and reproduce, store, transfer, send, publish the User Content and its subsequent editions for the purposes of (i) reproducing the User Content on the Website; (ii) distributing the User Content via electronic or other means of communication in order to provide other users with the opportunity to download or otherwise receive such content, and/or (iii) storing the User Content in a remote database open to access by other users. If the User does not have the proper rights to post any Information on the Website, the User undertakes not to post such Information.
6.2. When using the Site, Users may encounter content that may cause harm or damage, that is obscene or offensive, or that contains inaccurate information. The User assumes all risks associated with the use of such content. The Site Administration has the right to remove any content that violates this User Agreement or is offensive, but does not undertake any obligation to remove such content.
6.3. When using the Site, the User undertakes to:
6.4. Not to deliberately clutter the sections of the Site with useless, uninformative messages, messages consisting of randomly repeated characters, and not to send multiple identical messages, including messages consisting of pictures or special characters that stretch the site page in any direction, also by constantly using transliteration, Caps Lock or excessive use of text formatting tags in such a way that it will interfere with other users of the Site. As well as any harm to the site in one way or another.
"custom" nature, i.e. Information created in someone's interests that do not correspond to the purposes of creating the Site;
other Information that does not comply with the requirements of the current legislation and / or this Agreement.
6.5. When using the Site, public condemnation of the administration (including moderators, as representatives of the Site Administration) is prohibited. Condemnation in terms of moderation and/or administration of the site, arguing and arguing with moderators or administrators is prohibited.
6.6. The User undertakes not to place on the Site and/or through/by means of the Site in any form malicious software (viruses, Trojans, worms, etc.) or other computer codes, files or programs designed to disrupt, modify, block, destroy or limit the functionality of any computer or telecommunications equipment and software or program for the implementation of unauthorized access.
6.7. The User undertakes not to distribute and/or not to use any computer programs, robots ("spiders") or other automatic algorithms and methods aimed at "pumping" (collecting), illegally transferring, copying, blocking, modifying, destroying Information and the Database, as well as aimed at circumventing the restrictions established by the Site Administration in the Site settings.
6.8. The User undertakes not to post advertising information on the Site and/or through/by means of the Site without the prior consent of the Site Administration to such actions.
6.9. The User undertakes not to post or otherwise use on the Site Information protected by intellectual property laws (including, but not limited to, that which affects any patent, trademark, copyright and/or related rights) and other Information protected by law without the appropriate rights and permissions from the copyright holder of such Information. In the event of a dispute, the burden of proof that the Information posted by the User does not violate anyone's rights lies with such User.
6.10. The User undertakes not to collect, store, distribute, process or perform any other actions with the Personal Information of other Users.
6.11 The User undertakes not to post on the Site and/or through/by means of the Site links to other Internet resources, the content of which contradicts the requirements of current legislation and/or this Agreement.
6.11 The User undertakes to first evaluate the legality of posting any information (including, but not limited to, images of other persons, other people’s texts of various content, audio recordings and videos) on the Site and/or through/by means of the Site.
6.12. The User undertakes not to distribute Spam, “chain letters,” Internet earning systems, “pyramid” schemes, multi-level marketing, or e-mail businesses on the Site and/or through the Site.
6.13. The User undertakes not to assist in the commission and/or not to commit, using the Site, other illegal and unlawful actions that contradict the requirements of current legislation and/or this Agreement.
6.14. The User undertakes not to post on the Site and/or through/by means of the Site information aimed at extorting or obtaining money, regardless of the pretext, from other Users and/or third parties.
6.15. The Site Administration does not check and does not have the technical and actual ability to check all Information posted by the User on the Site for its compliance with the requirements of the law and the provisions of this Agreement, since such a check would make the functioning of the Site impossible. However, the Site Administration may do this at any time at its own discretion if any relevant doubts arise.
6.16. The Site Administration provides the User with the opportunity to post Information on the Site, but does not bear any responsibility for the accuracy and legality of the Information posted by the User on the Site.
6.17. Links to any other website, product, work or service, Information of a commercial or non-commercial nature, posted on the Site by the User and/or on the basis of advertising, do not mean approval or recommendation of this Information by the Site Administration.
6.18. The Site Administration may, at its sole discretion, refuse to post and/or delete any Information that the User intends to post/has posted on the Site.
7. Use of the Site
7.1. The User may use the Site only in accordance with this Agreement and exclusively in the ways provided by the technical capabilities of the Site.
7.2. The Site contains links to websites owned by third parties and may be of a commercial nature. Posting third-party content and links to third-party websites on the Site does not constitute an endorsement of such content or websites. The Site Administration is not responsible for the content of such websites or the content on them. The Site Administration also bears no responsibility for any goods and services offered by posting links to websites owned by third parties. The User carries out any interaction with third parties, including transactions for making payments, supplying goods and services, independently. The Site Administration bears no responsibility and does not assume any obligations in the event of losses or damage of any nature as a result of any such transactions between the User and third parties. Any questions, claims or complaints regarding any goods or services should be sent to the address of the relevant seller.
8. Responsibility
8.1. The Site Administration makes commercially reasonable efforts to ensure the Site operates around the clock, but does not guarantee the absence of interruptions due to technical malfunctions, maintenance work, and does not guarantee the full or partial operability of the Site/Service.
8.2. The User hereby agrees to indemnify, defend and hold harmless the Site Administration and all of our officers, directors, owners, employees, representatives, information providers, affiliates, partners and licensors (collectively, the “Partners”) from and against any liability, damages, costs and expenses (including attorneys’ fees) incurred by any participant in connection with any claim, including, but not limited to, claims for damage to reputation, violation of publicity rights and/or violation of privacy rights, as well as copyright or trademark infringement in connection with the following actions:
8.3. The Administration is not responsible for any offensive, knowingly false or untrue information, as well as other information that violates current legislation, posted by other persons, but makes every possible effort to exclude this information from the Site in the event of an appeal from copyright holders and Users. Responsibility for this information lies with the persons who posted it.
8.4. All information posted on the Site, including the design and layout of the Site, is provided "as is". The Site Administration disclaims any guarantees that the Site may or may not be suitable for specific purposes of use.
8.5. In the event that third parties make claims against the Site Administration related to the User’s use of the Site, the User undertakes to independently settle such claims with third parties, protecting the Site Administration from possible losses and litigation.
9. Other Provisions
9.1. This Agreement shall be governed by and interpreted in accordance with the law. Issues not regulated by this Agreement shall be resolved in accordance with the law. All possible disputes arising from the relations governed by this Agreement shall be resolved in accordance with the procedure established by the current legislation. Throughout the text of this Agreement, unless expressly stated otherwise, the term "legislation" shall be understood as legislation.
9.2. The User and the Site Administration will attempt to resolve all disputes and disagreements between them through negotiations. In the event that it is impossible to resolve disputes and disagreements through negotiations, they shall be subject to consideration in the appropriate court.
9.3. Nothing in the Agreement may be understood as establishing between the User and the Site Administration agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in the Agreement.
9.4. The recognition by a court of any provision of the Agreement as invalid or unenforceable shall not entail the invalidity or unenforceability of other provisions of this Agreement.
9.5. This Agreement is drawn up in Russian and in some cases may be provided to the User for review in another language. In the event of a discrepancy between the Russian-language version of the Agreement and the version of the Agreement in another language, the provisions of the Russian-language version of this Agreement shall apply.
9.6. In the event of inaction on the part of the Site Administration in the event of a violation by the User or other Users of the provisions of this Agreement, the Site Administration reserves the right to take appropriate actions to protect its interests at any time. Inaction does not mean that the Site Administration waives its rights in the event of further similar and/or identical violations.
9.7. This Agreement may be amended by the Site Administration without any special notice, the new version of the Agreement shall enter into force from the moment it is posted on the Internet, unless otherwise provided by the new version of the Agreement. If after such changes to the Agreement enter into force, the User continues to work with the Site, then by such actions the User confirms his/her consent to the changes. If at any time the User can no longer comply with the terms of the Agreement, the User must immediately stop using the Site.
9.8. The Site Administration may also apply restrictions to certain functions and services or restrict the User's access to the entire Site or to individual parts thereof, without notice or liability, for technical or security reasons, in order to prevent unauthorized access, loss, destruction of data, or in the event that the Site Administration believes, at its sole discretion, that the User is violating this Agreement or any other law.
9.9. The following are the proper addresses for sending legally significant messages:
10. Refunds
10.1. Personal Account funds (Balance) are subject to refund if they are not transferred to the game from the Personal Account. Once funds are transferred to the game and converted into game currency, refunds are not possible. Refunds are only possible for amounts equal to the payment.
10.2. The following are not subject to reimbursement:
10.2.1 Cases of violation of the License Agreement, Game Rules.
10.2.2. Bonuses, gifts, awards, prizes, referral awards, compensation, etc., including those accrued upon activation by the User of Gift Certificates; other codes, etc., received from other Users;
10.3. Reimbursement from the Personal Account:
10.3.1. Unused funds on the User's Personal Account are subject to reimbursement at the User's request after the termination of all agreements concluded by the User in relation to the Games posted on the THEBATTLE.CLUB Service and the Agreement for the use of the THEBATTLE.CLUB Service itself.
10.3.2. The amount of compensation payable at the User's request is the amount of unused funds in the User's Personal Account at the time of receipt of the User's request and termination of all agreements, minus the deductions imposed by the payment system and/or bank when making refunds. Expenses in the form of commissions, fees or other payments retained by the bank and/or payment system when making refunds shall be borne by the User. The amount of such deductions shall be determined by the payment system and/or bank and shall be communicated to the User at the time the decision on the refund is made. In the event of a refund to a bank account, the fee for the refund may be no less than 700 rubles. If the amount subject to reimbursement to the User is less than the amount of deductions imposed by the payment system and/or bank, the funds shall not be refunded. Refunds are made within 14 days from the date of receipt of the User's request and can be made using the same payment system (payment method) that the User used to top up their Personal Account. If such a payment system does not provide for the possibility of refunding funds, the refund is made to the User's bank account.
10.3.3. When making a request for a refund, the User is obliged to identify himself and perform the following actions:
send an Application for termination of the Agreement for the use of the THEBATTLE.CLUB Service and a refund; such an application must be sent exclusively from the email address that was specified by the User when concluding the Agreement (during registration);
provide documentary evidence of the fact that payments have been made by attaching such documents to the application specified in this paragraph.
10.3.4. At the request of the Administration, the User is obliged to provide other documents necessary for the return of funds.
Please note that the execution of a claim for refund of funds may be delayed and/or the claim may not be satisfied if all necessary documents for the refund are not provided, or if third party claims are made regarding the amounts in the User's Personal Account (for example, a refund payment via a payment system).
10.4. In order to prevent fraudulent transactions when making payments, including in the case of payments using bank cards or other payment methods, in the event of disputed payments by third parties and to investigate such cases, the THEBATTLE.CLUB Service may check all payments. In such a case, at the request of THEBATTLE.CLUB, the User must provide a copy of the document identifying his/her identity (passport), a copy of the document confirming the payment and/or a copy of both sides of his/her bank card (the card number, as well as the CVC, CVV codes must not be visible, only the last 4 digits of the card number may be visible). If the User fails to provide such documents (in electronic form by fax) within 14 days from the date of receipt of such payment, or in the event of any doubts regarding their authenticity, the THEBATTLE.CLUB project will be authorized to suspend the provision of Rights to the User, including by blocking access to the User's Personal Account.
10.5. After receiving from the User an application and/or statement of refusal/termination of the Agreement for the use of the THEBATTLE.CLUB Service, specified in clause 10.3 of this Settlement Procedure, the User's Personal Account will be blocked.
This Agreement is a public offer. The User's consent to the terms of this Agreement (acceptance) is considered the actual use of the Site, its services and the use of any Information posted on it. Copyright Holders
If you find your intellectual property (photo, text, etc.) illegally published on the Site, contact the Site Administration to resolve the problem by filling out the appropriate feedback form.
THEBATTLE GROUP LTD
20 Wenlock Road
London
N1 7GU
England
smoke.draft707+1@gmail.com
