TERMS AND CONDITIONS
Updated on 29th July 2022.
YOU welcomes you to use and access our Services. We ask that you review these Terms and the Privacy Policy, which are collectively intended to constitute a binding agreement that describes when and the terms under which you are allowed to access or use the Services.
YOU reserves the right to change, modify, add or remove any of the Terms and Privacy Policy, at any time, for any reason. The latest Terms and Privacy Policy will be posted on the Website, (and changing the “Updated on” date reflected of these Terms accordingly) only (unless otherwise determined at YOU’s sole discretion), and such amendments shall apply to your continued access to or use of the Services. You acknowledge and agree that by continuing to access or use our Services, you accept fully and shall abide by the latest Terms and Privacy Policy.
KEY DEFINITIONS
'YOU' (or 'we', 'our, or 'us') mean the Malaysia Electronic Sports Federation, an official national eSports association registered under the Malaysian Sports Commission.
'Privacy Policy' means our privacy policy located at https://www.YOU.gg/privacy-policy
'Services' means the Website; all other applications, services and/or products provided, operated and owned by YOU that are presently offered, or will be offered in the future; any information, materials, software, products, services (e.g., tournament creation, and bracket generation) and content provided by YOU or otherwise available through the Website (including linked information); artwork, photos, video and audio content; and all updates to the aforementioned items.
'Terms' means these terms and conditions of use.
'User' means the party that uses the Services, including but not limited to:
I. Content Contributor: a party who makes content articles in the form of text, images or videos to be displayed via the Services;
II. Tournament Creator or Organiser: a party who makes or organises a tournament through the dedicated tournament page via the Services;
III. Tournament Participant: a party who participates in a tournament that is available through dedicated tournament page via the Services;
IV. Team Leader: a party who registers a group of team members to participate in a tournament through the dedicated tournament registration page via the Services; and
'Website' means our website located at https://www.YOU.gg all affiliated websites (including mobile websites) and any applications published by us or our affiliates for access to or use of the website or any Services owned and operated by us, our predecessors or successors in interests or our affiliates.
TERMS AND CONDITIONS OF USE
By registering and/or using the Services, User agrees to be contractually bound to these Terms and the Privacy Policy, which shall have the same legal effect as if the Terms and Privacy Policy had been personally signed by you. By using our Services, you represent and warrant that: (i) you are not prohibited by the laws of your country (you are residing in) from accessing or using the Website, in accordance with these Terms. To the extent permitted by law, the Terms are intended to supersede any provisions of applicable law which might otherwise limit its enforceability or effect. If you do not agree to these Terms or the Privacy Policy, as updated from time to time, you should stop accessing or using the Services immediately.
ACCOUNT, PASSWORD AND SECURITY
Users who have registered a User Account may utilise the Services, with the following conditions:
Content Contributor
Users who act as Content Contributor are required to register and receive approval from YOU as a contributor to submit content. Once registered, Content Contributor can create content in the form of text, images or videos. Any content created will go through a review process by YOU before it will be displayed on the Website or Services. Any content created must comply with YOU rules regarding content and applicable laws and regulations.
Tournament Creator / Organiser
Users who act as Tournament Creator are required to register and receive approval from YOU as the creator of the registered tournament, where: (i) the Tournament Participants are required to pay for their participation in the tournament; or (ii) the tournament involves prize money. After being registered, tournament creator can create game tournament by providing clear information and rules while complying with YOU rules regarding tournament. Tournament Creator is fully responsible to the Tournament Participants on conducting the tournament. Every tournament must comply with YOU rules regarding tournaments and applicable laws and regulations.
Tournament Participant
Users who act as Tournament Participant are required to comply with YOU rules regarding tournament and also the rules imposed by the Tournament Creator. Tournament Participant is fully responsible for participating in tournament conforming the information and rules that apply to each tournament. YOU is not responsible for incompatibility of the tournament conducted by the Tournament Creator.
Team Leader
Users who act as Team Leader are required to comply with YOU rules regarding tournaments and also the rules imposed by the Tournament Creator. Team Leader is fully responsible to obtain consent from the team members for their respective personal details provided during tournament registration, and parental/guardian consent for team members under 18 years old. Upon successful team registration, the team members are to comply with the Tournament Participant’s YOU rules and regulations
YOU without prior notice to User, has the authority to take actions deemed necessary for any suspected violations of the Terms and/or applicable law. Actions that can be taken include but are not limited to deleting content, removing tournament, deleting applications, suspending accounts, deleting User Accounts and/or in accordance with applicable legal provisions.
YOU has the authority to suspend or terminate User Account at its sole discretion if there is or is reason to believe that there has been any violation of these Terms and/or applicable laws and regulations.
User is prohibited from creating and/or using devices, software, features and/or other tools intended to manipulate YOU system, including but not limited to:
User is fully responsible for maintaining the confidentiality of the account and password for all activities carried out using the User's User Account, including but not limited to any risks and/or losses that arise as a result of misuse of account by third parties. YOU reserves the right to assume that User access to YOU services using User Account and password as legitimate access made by User himself. The User hereby releases YOU from any claims that may arise in any form and from any party in connection with User’s use of the Services (whether authorised or otherwise).
YOU will not ask for username, password or SMS verification code or OTP code belonging to the User Account for any reason other than for the purposes of logging in to the Services, therefore YOU urges User not to provide such data or other important data to any parties claiming as YOU or other parties whose security cannot be guaranteed, in the event that login action is not carried out directly by the User.
User agrees to ensure that at the end of each session User will log out and notify YOU if there is any unauthorised use of the account and/or password.
User hereby declares that YOU is not responsible for any loss or obstacles arising from misuse of User Account caused by User negligence, including but not limited to lending or giving account access to other parties, accessing links or links provided by other parties, provide or show a verification code (OTP), password or email to other parties, or other User negligence that results in loss or obstacles to the User Account.
User understands and agrees that to use the one-time password (OTP) security facility, the relevant telecommunication service provider may at any time charge Users with a certain nominal according to the policies of each operator.
CONTENT
In using any of YOU features and/or Services, User is prohibited from uploading or using any words, comments, images or content that contain elements of ethnicity, religion, race, and inter-group relation, violating morality, pornography, discrimination, initiating gambling, humiliation, demeaning or cornering other people, vulgar, threatening, extortion, defamation, violation of intellectual property rights or in contravention of applicable laws and regulations as well as other matters that may be considered not in accordance with social values and norms or based on self-determined policies by YOU. YOU has the right to take necessary actions for violations of these provisions, including but not limited to the removal of content, content moderation, account blocking, and other things that are possible under the laws and regulations.
User is prohibited from using photos/images that have watermark which indicate ownership rights of others. If the User is going to use other people's content, the User must include the source and/or permission of the content owner.
User hereby understands and agrees that misuse of photos/images uploaded becomes the personal responsibility of the User. YOU is not responsible for violations committed by
Users on other people's intellectual property rights in YOU service.
By uploading content to Website or via its Services, User gives YOU non-exclusive rights, throughout the world, continuously, irrevocably, royalty-free, sublicensed (through several levels), the right to carry out any and all copyright, publicity, trademark, database rights and intellectual property rights that the User has for the content, in any media known now or in the future. Furthermore, to be fully permitted under the applicable legal provisions, User excludes moral rights and is willing to not claim those rights to YOU.
Content or material that will be displayed or displayed via the Services will be subjected to these Terms, legal regulations, and applicable content ethics. YOU has the right to at any time reduce the content or material contained in YOU which is considered to violate these Terms, applicable legal regulations, and applicable content ethics.
TOURNAMENT
YOU provides a dedicated page to display games tournaments created by Tournament Creators. User can become Tournament Creator or Tournament Participant referring to the applicable terms and conditions.
Tournament Creators can create tournaments by following the steps available via the Services. Tournament Creator must complete the information and rules of the tournament and then submit them for approval by YOU. Where Tournament Creators charge any entry fees to the Tournament Participants, such fees will be collected by YOU and shall only be released to the Tournament Creators upon the administration and completion of the tournament in accordance with YOU rules regarding tournaments and applicable laws and regulations, as determined by YOU in its sole discretion. Tournament Creator must update the information regarding the tournament since the tournament information publicly available until all tournament matches are completed.
Tournament Participants can take part in tournaments available via the Services by conforming to the terms and rules that apply to each tournament. Tournament Participant is responsible for participating in tournaments conforming to information and rules that apply to each tournament.
Tournament Prize Money distribution: Upon complete submission of tournament scores and required supporting documentation by the Tournament Participants and/or the Tournament Creator, YOU will provide [30] days for any dispute from other participants to be raised and resolved in relation to the tournament scores. Once YOU has validated the tournament completion and the winners, at its sole discretion, the Tournament Creator will be permitted to disburse the prize monies through a dedicated Prize Money distribution function via the Services.
YOU or any other parties involve in application distribution are not responsible for any losses or obstacles arising from the incompatibility of the tournament by the Tournament Creator.
YOU without prior notice to User, has the authority to take actions that are deemed necessary for any suspected violations of Terms and/or applicable law. Actions that can be taken include but are not limited to the removal of tournament, User Account suspension, deletion of User Accounts and/or in accordance with applicable legal provisions.
YOU has the authority to close User Account both temporarily and permanently if there is any violation of these Terms.
INTELLECTUAL PROPERTY RIGHTS
YOU has a variety of brands, logos, and websites and applications which are all protected by applicable laws in Malaysia. User acknowledges and agrees that YOU's intellectual property rights (“IPR”) through content that is used or displayed via the Services, or any intellectual property rights owned by third parties contained in the Services, may not be copied, used, applied and implemented in whole or in part, without prior written permission from YOU and/or other parties that have IPR contained in the Services. YOU has the right to claim illegal use of IPR based on applicable law.
All forms of images, logos, videos and other forms found on the Services that are owned by partners are partner assets.
Users guarantee that they do not violate IPRs in uploading User content via the Services.
Each User hereby is personally responsible for violations of IPR in uploading content via the Services. YOU is not responsible for violations committed by Users of third party IPR by way of the User’s use of the Services.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
The Services are provided on an ‘as is’ and ‘as available’ basis by YOU, without any express or implied warranty. YOU provides no guarantee as to the performance or the uninterrupted, or secure availability of the Services. YOU disclaims all warranties, express or implied, relating to the Services including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site and the information, content and materials contained therein. YOU does not represent or warrant that the Services are accurate, complete, reliable, current or error-free. Further, YOU does not warrant that any errors in the Services will be corrected. While YOU attempts to make your access and use of the Services safe, YOU cannot and does not represent or warrant that the Services or its server(s) are free of defects, viruses, malware, or other harmful components. YOU shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Services.
YOU expressly disclaims all and any liability arising out of, related to or in connection with any of the following:
I. internet or connectivity interruptions or delays;
II. your or any third party's data, equipment, network, servers, applications, properties, cabling, systems, facilities or devices;
III. scheduled maintenance or other modification to the Services;
IV. any act or omission by you or any third party;
V. use of the Services which is not permitted hereunder;
VI. modifications to the Services by any person or entity, other than YOU; and/or
VII. force majeure
Without limiting the generality of the foregoing, you acknowledge and agree that the Services will, from time to time, be subject to interruptions, delays and lag time arising from maintenance, servicing, User activity, User access, connectivity or otherwise and YOU disclaims all liability arising therefrom.
YOU reserves the right to change any and all content contained in the Services at any time, without providing prior notice to you. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by YOU. User is responsible for and bears all risks to the content, language and applications that are consciously submitted so that they are available and displayed for YOU service. In the event of a personal violation by a User including but not limited to IPR infringement, system manipulation, account misuse or other User's negligence, User is personally responsible for the violation and releases YOU from claims arising from third parties.
YOU is not responsible for inconsistencies that occur in the tournaments held by tournament Creators through the User using the Services.
In order to provide a more varied payment method, YOU collaborates with other parties to make it easier for User to choose the payment method that suits their needs. Therefore, in the event that there is a discrepancy and/or error in the payment method provided by the payment partner, both in the system and its usage, the User can directly file a complaint with the payment partner and hereby release the YOU from the responsibility to provide compensation for losses incurred due to the error of the payment partner.
FORCE MAJEURE
A force majeure event (“FM Event”) is an extraordinary event that occurs outside the control of YOU which can cause User to not be able to use the Services (in full or in part), which includes but is not limited to:
I. acts of God and natural disasters such as earthquakes, storms, accidents, floods;
II. wars, riots, civil or military disturbances, acts of terrorism, epidemics, pandemics, power failures, computer failures;
III. Other parties’ actions that makes YOU unable to provide its Services to the User; and
IV. Technical disturbances/other reasons beyond the control of YOU.
Upon the occurrence of an FM Event, YOU is exempt from its responsibilities.
GOVERNING LAW AND JURISDICTION
These Terms (and the Privacy Policy) shall be governed and construed in accordance with the laws of Malaysia without regard to its conflict of law provisions, and the parties submit to the non-exclusive jurisdiction of the courts of Malaysia over any claim, matter or dispute arising out of or in connection with these Terms and the Privacy Policy.
NOTICES, SUPPORT & QUESTIONS
Any notice, request, consent, or approval required or permitted to be given under these Terms or pursuant to law shall be sufficient if in writing, and in your case, when sent by email and/or registered mail to the relevant address provided by you, and in the case of YOU, to the email address as set out below:
Email address: admin@admin.com
Postal address: Malaysia