eGamer Ltd. (“eGamer”, or “us”, “our”, “we”) provides an overlay for third party applications and games (“Third-Party Apps”), which allows users to participate in individual challenges, group challenges and head-to-head challenges in computer games. These Terms of Service (“Terms”) govern your access and use of our website and mobile application (respectively, “Site” and “App”) and services (together with the Site and App, the “Services”). “You” or “Your” means a user of the Service.
Please read these Terms carefully. These Terms govern your access to and use of the Service. You must accept these Terms prior to using the Service. By downloading the App and/or using the Site and/or Service (including all Content available through the Service), you signify your assent to both these Terms and our Privacy Notice, which is available at www.eGamer.gg (the “Privacy Notice”). Please note that use of Third-Party Apps is subject to the Terms of Service and Privacy Notice of those Third-Party Apps. Changes may be made to these Terms from time to time. Your continued use of the Service will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not click “ACCEPT” and do not make any use of the Service.
Use of Service
eGamer allows you to access and use the Service subject to the terms and conditions of these Terms for your personal use only. The Service may be used solely for entertainment and education. This does not allow you to make any commercial use of the Service or Content (as defined below). Subject to the terms and conditions hereof, eGamer hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license to download the App and install it on your mobile device.
Use of and access to the Service is void where prohibited. By using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or have the permission of your parent or guardian, and (d) your use of the Service does not violate any applicable law or regulation or any obligation you may have to a third party. Currently, eGamer makes the Service available free-of-charge to you, but eGamer may choose at any time to charge for your future use of the Service.
You acknowledge that eGamer may, in its sole discretion and at any time, modify the App and/or discontinue providing the Service or any part thereof without notice. eGamer has no obligation to maintain or support the Service or provide updates in respect thereof.
You may register to use eGamer by providing the requested information, which may include your location and/or address. We may allow you to register to use eGamer by logging in through your STEAM account, email address, cell phone number or social media account. By registering through another account you represent and warrant that the account is yours and you have full rights to provide us with the information in this account. We may change the method of registration at our discretion. eGamer reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.
You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. eGamer will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold eGamer harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via e-mail at Support@eGamer.gg.
You may establish only one account per person to participate in the activities offered on the Service. The Service reserves the right to monitor any effort to establish multiple accounts; in the event the Service discovers that you have opened more than one account per person all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts and eGamer may void any associated points. The Service also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.
Termination of Use
You agree that eGamer may for any reason, in its sole discretion and without notice, terminate your account and/or use of the Service, whether permanently or for a limited period of time. Such termination can include freezing your account, deleting your user account, banning you from participating in the games and any other way eGamer would deem appropriate. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, including the use of vulgar or abusive language, (iv) cheating or any fraudulent behavior, or (v) behavior that is harmful to other users, third parties, the community ethos of our Services or the business interests of eGamer including any behavior that violates the Content restrictions as detailed below. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at Support@eGamer.gg.
If eGamer believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. Any suspension, termination, or cancellation of your account shall not affect your obligations to eGamer and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Certain types of content may be made available through the Service. “Content” as used in these Terms means, collectively, all content on or made available through the Service, including but not limited to pictures, videos, livestreams and text posted by means of the Service, whether by us or by any other member or user of the Service.
eGamer may allow you to post Content by means of the Service. You are fully and solely responsible for any Content you submit or post by means of the Service, and represent and warrant that such Content (a) complies with all applicable law, does not infringe third party moral or privacy rights and does not infringe third party intellectual property rights, (b) does not contain any defamatory, libelous, vulgar, obscene or otherwise offensive content, and (c) complies with applicable law. eGamer has no obligation to accept, display, review or maintain any Content. Moreover, eGamer reserves the rights to remove and permanently delete any Content, including any statements of any user, without notice and for any reason. Any posted or submitted Content shall not be considered confidential and may be disseminated by eGamer without any compensation to you. Content you provided may be available to the public, and you should have no expectation of privacy in the same. This provision shall not apply to personal information that is subject to our Privacy Notice except to the extent that you make such personal information publicly available on or through the Service or in any Content. EGAMER DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND EGAMER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
eGamer may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that eGamer reserves the right to treat user Content as content stored at the direction of users for which eGamer will not exercise editorial control except when violations are directly brought to eGamer’s attention. eGamer has the right to edit, delete, distort or move user Content from the Service without notice for any reason at any time.
eGamer and its licensors own the Service, including all worldwide intellectual property rights in the Service and Content, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Service or any Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service or Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of eGamer or any third party.
By submitting or posting any Content or any appeals, including the screenshot of the appealed game, you grant eGamer and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Service (including to post such Content to any social media Internet sites or applications) in any media formats and through any media channels, including without limitation, for commercially promoting the Service.
Please be aware that eGamer’s policy is to make all efforts to cooperate with law enforcement officials regarding any unlawful behavior, and we will share all data as required to cooperate with any law enforcement request.
Legality; No Gambling
Use of the Site, App and/or Services in connection with gambling activities is strictly prohibited. You are responsible for verifying that use of the Site, App and/or Services in your jurisdiction is permitted. If you have any questions regarding the legality of using the Site, App and/or Services in your jurisdiction, please consult legal counsel. When you access, register for or use the Site, App and/or Services, you do so at your own risk, and you are solely responsible for complying with all applicable rules and regulations in connection with activities relating to the Site, App and/or Services.
You agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (d) infringes (or results in the infringement of) eGamer’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause eGamer to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage eGamer or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
The software and technology underlying the Service is the property of eGamer, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any Content; (b) modify the App or insert any code or product, or manipulate the App in any way, (c) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content; (d) use the Service and/or Content in connection with any commercial endeavors in any manner; (e) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (f) harvest, collect or mine information about other users of the Service.
eGamer management decisions are final in all matters relating to the Service and activities related to the Service.
You acknowledge that the results of the games in which you participate will be decided by means of an automatic system used by eGamer. In an event, you wish to appeal such results, please send eGamer an email to Support@eGamer.gg together with a screenshot of the result/s appealed and a short explanation why such results were inaccurate. eGamer has the right to accept or decline your appeal in its sole discretion.
If you leave a game after agreeing to play, but prior to its termination, you may forfeit the game and/or any money you deposited in connection thereto.
eGamer reserves the right to retain screenshots and/or images of the games for various purposes, including in order to determine the identity of the winning party.
Points and Prizes
For certain Service activities, we will offer points to registered users who in our discretion and based on our stored data merit points within the parameters described in rules posted on the Service. Points may be subject to withholding or other deductions in accordance with applicable law. You authorize eGamer to deduct any such amounts from the points. Subject to obtaining a legal opinion with respect to the jurisdiction applicable to you, we may decide to convert points to cash prizes and we may, in our discretion and only if allowed by applicable law or regulation, distribute such cash prizes to eligible users, subject to the rules that we will formulate and/or amend in our sole discretion and subject to withholding or other deductions in accordance with applicable law. Subject to obtaining a legal opinion with respect to the jurisdiction applicable to you, some of the Services and/or participation in some of the games may be subject to a separate payment or monetary deposit by the user. Such user may be entitled to prizes including monetary prizes in connection with those games. Please note that eGamer in its sole discretion determines the amounts, the frequency and the delivery times of the prizes and the above are subject to change, without eGamer being obliged to provide notice. eGamer will also determine in its sole discretion the conditions for depositing and/or withdrawing the money from or in a user’s account. Please note that participation is void where prohibited.
You will need to provide eGamer with certain information in order to collect points and/or prizes. You are responsible for any such information you provide. You hereby waive any claim you may have against eGamer in connection with points and/or prizes or any delay of eGamer in providing such prizes.
The terms of the Services, including the terms of the points and the payments and warranties for such Services shall be determined by eGamer in its discretion. Notwithstanding the above, you are solely responsible for any taxes on amounts you may pay or obtain through eGamer. eGamer will deduct applicable charges and taxes from any payable amounts, as required by law. eGamer may decide to cover the processing charges in connection with the deposit or withdrawal of money by the users; however such decision will be made at eGamer’s sole discretion.
eGamer respects the intellectual property rights of others and expects its users to do the same. eGamer will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe that material appearing on the Service infringes their rights. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: Support@eGamer.gg.
Disclaimers & Disclaimer of Warranty
Your use of the Service and/or Content is at your sole discretion and risk. The Service and/or Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from eGamer. EGAMER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EGAMER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE AND/OR CONTENT; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE.
Content on the Service comes from a variety of sources, including livestreams from Third-Party Apps, as well as Content from other users of the Service. eGamer attempts to be as accurate as possible. HOWEVER, EGAMER DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. EGAMER IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. EASY2HIKE CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Content information at any time without prior notice.
You understand that eGamer is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any Content available on the Service. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against eGamer with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Service, including any Content that you may choose to make available. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service or through any Content. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
No advice or information, whether oral or written, obtained by you from eGamer, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
eGamer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. eGamer is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall eGamer be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any Content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.
IN NO EVENT SHALL EGAMER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EGAMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EGAMER’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO EGAMER FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO EGAMER FOR THE USE OF THE SERVICE, THEN EGAMER SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless eGamer and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service, including, without limitation, provision of services in connection with the Service) shall be in compliance with all applicable laws, regulations and guidelines.
Content Linked to by eGamer
Portions of the Service (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Service may also provide you with links to access the websites of third party vendors or retailers. We have no control over third-party websites, and all use of third-party websites is at your own risk. Additionally, eGamer cannot accept responsibility for any payments processed or submitted through such third party websites, or for the privacy policies of any such websites. eGamer is not responsible for content or available by means of such websites. eGamer does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party websites.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Service shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against eGamer must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and eGamer or authorizes you to act on behalf of eGamer. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between eGamer and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Service, but we cannot guarantee that anything available on the Service, or any records or information relating to the Service, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.