Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING
THIS WEBSITE, THE SERVICES AND THE SOFTWARE (EACH TERM AS DEFINED BELOW).
These terms and conditions govern Your use of the Website, the Software
and the Services.
If You do not agree to these terms and conditions please do not continue
using the Services. Your continued use of the Services is acceptance by
You of these terms and conditions. You acknowledge that Your failure to
comply with the terms and conditions and/or Privacy Policy may result in
disqualification from use of the Services, Account closure, forfeiture of
funds and/or legal action against You as deemed appropriate and as more
particularly detailed below.
We may modify or update these terms and conditions and/or the Privacy Policy
from time to time. The most up to date version of the terms and conditions
in force at any time can be accessed at www.skrmiish.com. We encourage You
to visit the Website regularly and check the terms and conditions in force at
such time. Your continued use of the Website, Software and/or the Services is
deemed acceptance of the updated or amended terms and conditions. If You do
not agree with any changes made from time to time you should cease to use the
Services, Software and/or the Website.
These terms and conditions together with our Privacy Policy (collectively
the “terms and conditions”) constitute the entire agreement between You and
Us regarding Your use of the Website, the Software and the Services. Any
promotional terms and conditions are subject at all times to these terms
and conditions and in the event of conflict these terms and conditions will
prevail.
In the event that these Terms and Conditions are translated into another
language, the English language version shall prevail.
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In these terms and conditions the following words and phrases have the
meanings provided below:
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1.1 “Account”
means any account provided by Skrmiish that You create, in accordance with
clause 5 of these terms and conditions, to access the Services.
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1.2 “Account Holder”
means any individual that has opened an Account in accordance with clause 5
of these terms and conditions.
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1.3 “Device”
means your application access device including, without limitation, your
desktop or laptop computer, mobile phone, personal digital assistant,
tablet or any other type of portable or mobile device now existing or
hereafter devised.
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1.4 “Entry Points”
means the LP amount, determined by the Player initiating a Match,
which is contributed by such Player and other Players to participate
in a Match and which form an overall LP prize.
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1.5 “Game-Play”
means the games offered on the Platform;
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1.6 “Holding Company”
means Skirmish Global Limited, a company registered in the Isle of Man
with number 016790V;
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1.7 “LP”
or
“Leaderboard Points”
means the in-Platform points system used by Players to play Matches.
The LP is not legal tender and cannot be purchased, withdrawn or
converted to anything with any real world intrinsic value.
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1.8 “Leaderboard”
means the scoreboard which records the number of Leaderboard Points
earned by Players;
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1.9 "Match"
means the competitions in Game-Play which are initiated and joined by
Skrmiish Affiliates and/or Players and facilitated by Skrmiish.
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1.10 “Platform”
mean the platform hosted by Skrmiish upon which the Players play the
Matches;
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1.11 “Player(s)”
means Account Holder(s) playing in and/or participating in a
Match and includes Skrmiish Affiliates.
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1.12 “Premium”
means content and prizes that are only accessible by Players and Skrmiish
Affiliates with an active Subscription;
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1.13 “Privacy Policy”
means our privacy policy which also governs your use of the Services and
is incorporated herein by reference. The current version is available on
our Website.
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1.14 “Season”
means a season of Matches culminating in a Tournament;
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1.15 “Services”
means, any website, device, platform, content, and other related products
and services provided by Skrmiish and Skrmiish Affiliates, including
without limitation, the facilitation or joining of any Match, and also
including but not limited to, any titles, computer code, themes, objects,
catch phrases, concepts, artwork, animations, sounds, musical compositions,
audio-visual effects, methods of operation, moral rights, documentation,
chat transcripts, profile information, recordings of games played using a
Skrmiish game client, and Skrmiish game clients and server software.
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1.16 “Skrmiish”
means, Skirmish Limited, a company registered in the Isle of Man, with
registration number 016738V and registered office c/o Optimus, St Mary’s,
The Parade, Castletown, Isle of Man, IM9 1LG. References to “Us,” “We,”
or “Our” means Skrmiish, including any and all subsidiaries, holding
companies, and other corporate entities under common ownership and/or
any of their consultants, employees, officers, and directors.
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1.17 “Skrmiish Affiliate” (or “Skrmiish Affiliates”)
means Streamer that has concluded a Streamer Advocacy Agreement with Skrmiish.
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1.18 "Skrmiish Brand"
means the commercial branding and other trademarks of the Holding Company.
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1.19 “Software”
means any and all software that We provide or make available to You,
regardless of the medium, and whether it is downloadable by You to your
Device or not.
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1.20 “Streamer”
means a Player that broadcasts their game-playing in real time;
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1.21 “Streamer Advocacy Agreement”
means the agreement entered into between Skrmiish and the Streamer;
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1.22 “Subscription”
means a Player's 30-day renewable subscription to Skrmiish Premium content;
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1.23 “T&Cs”
means the terms and conditions recorded in this document;
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1.24 “Territories”
means the territories where Skrmiish is permitted to offer its Services.
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1.25 “Tournament”
means a series of Matches at the end of a Season hosted by Skrmiish
which are played by that Season’s top-performing Players with the
winner being awarded the Tournament Prize;
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1.26 “Tournament Prize”
means the cash prize that is awarded to the winner of a Tournament;
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1.27 “User Content”
means, any and all data that You upload, transmit, or create
through the Services, including without limitation character
skins, buildings, forum posts, Account personas, profile information,
software, sound, images, videos, precise and imprecise location data,
EXIF data, timestamps, metadata, and any other content contributed by
users to the Services.
- 1.28
“
You
” and “
Your
” and “
Yourself
” eans you as the person using the Website, the Software and/ or the Services.
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2
Intellectual property and grant of Licence
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2.1 Subject to these terms and conditions, Skrmiish grants You a
limited, non-exclusive, personal, non-transferable, non-sublicensable,
revocable right to install and use the Software to access and use the
Services for Your own private personal use. You agree that You will not
use the Services for any other purpose. You acknowledge that in order for
Skrmiish to provide You with the Services, it is necessary for Us to also
provide related functionality, such as analytics, measurement, ad
personalization, financial transaction processing, fraud prevention,
identity checks, security measures, marketing, and customer support.
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2.2 Any use of the Services in violation of any applicable
laws, these terms and conditions, or any limitations to the licence provided
in these terms and conditions is strictly prohibited, and may result in the
immediate revocation of Your licence at Skrmiish’s sole discretion.
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2.3 Skrmiish is the sole holder of all rights in the Software and the
Software's code, structure and organisation, including copyright, trade
secrets, intellectual property and other rights. You may not, within the
limits prescribed by applicable laws:
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2.4 The Software and the Services available via the Website and/or
through Devices are protected by copyright, trademarks and other forms of
intellectual and proprietary rights. All right, title and interest in and to
the Software and Services are owned, licensed and/or controlled by Us and Our
licensors (including any third party providers or Skrmiish Affiliates).
Skrmiish and its licensors reserve any and all rights implied or otherwise,
which are not expressly granted to You hereunder and retain all rights, title
and interest in and to the Software.
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2.5 You agree that You will be solely liable for any damage, costs
or expenses arising out of or in connection with the commission by You of
any Unauthorised Use. You shall notify Us immediately upon becoming aware
of the commission by any person of any Unauthorised Use and shall provide
Us with reasonable assistance with any investigations it conducts in light
of the information provided by You in this respect.
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2.6 The Skrmiish Brand and our other trademarks on the Website belong
exclusively to Us and/or Our licensors and You do not have any right to
use such. You shall not use, register, attempt to register or assist any
third party in using, registering or attempt to register any name, mark or
device which is similar to the Skrmiish Brand or any other of Our trade
marks.
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2.7 You acknowledge and agree that the Software provided on the Website
and/or through Devices or otherwise, are owned exclusively by Us and/or Our
licensors and are protected by copyrights, trade mark rights and other forms
of intellectual and proprietary rights. You hereby acknowledge that the
structure, organisation and source code of the Software is a valuable trade
secret of Skrmiish. You acknowledge that save for the rights granted to You
in accordance with the Licence, You do not acquire any rights or interests
whatsoever in the Software and/or the Software user documentation.
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2.8 Upon the termination of these terms and conditions with You and/or
closure of Your Account for any reason, the licence issued to You under these
terms and conditions shall terminate automatically and You must stop using the
Software and uninstall it from Your Device.
- 3.1
All Players are expected to follow a reasonable, common sense code of
conduct when using the Services. Players are required to take into consideration
community standards and refrain from abusive or deceptive conduct, cheating,
hacking or other misuse of the Services. Rights of other Players should be
respected. By accepting these terms and conditions You agree that You will
not directly or indirectly:
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3.1.1 partake in any activity or action that Skrmiish deems to be against the
spirit or intent of the Services or these terms and conditions;
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3.1.2 copy, modify, edit, create derivative works of, publicly display, publicly
perform, republish, transmit, or distribute any material obtained through
the Services;
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3.1.3 lease, sell, rent, or otherwise exploit for commercial purposes any part
of the Services, including without limitation access to or use of the
Services;
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3.1.4 delete, alter, or obscure any trademarks or other proprietary rights
notices from copies of materials from the Services;
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3.1.5 attempt to harass, threaten, bully, embarrass, abuse, or harm, or
advocate or incite harassment, abuse, or harm of another person, group, Skrmiish
itself or Skrmiish Affiliates;
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3.1.6 organise or participate in any activity or group that is hateful,
harmful, or offensive towards a race, sexual orientation or preferences, religion,
heritage or nationality, disability or other health class, gender, age, or similar
classes determined by Skrmiish;
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3.1.7 initiate, assist, or become involved in any form of attack or disruption
to the Services, including without limitation distribution of a virus,
worm, spyware, time bombs, corrupted data, denial of service attacks upon
the Services, or other attempts to disrupt the Services or other
person's use or enjoyment of the Services;
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3.1.8 use robots, spiders, crawlers, man-in-the-middle software, or any other
automated process to access, use, reverse engineer, or manipulate the
Software, Accounts, or the Services;
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3.1.9 use of access services to obtain, generate, or infer any business
information about Skrmiish or Skrmiish Affiliates, including without limitation
information about sales or revenue, staff, technical stack, or statistics about users;
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3.1.10 promote, encourage, or participate in any activity involving hacking,
phishing, distribution of counterfeit Software or Services, or taking advantage of or
creating exploits, cheats, bugs, errors, or undocumented features, except for the sole
purpose of privately and directly notifying Skrmiish;
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3.1.11 make available through the Services any material or information that
infringes any Intellectual Property Right, right of privacy, right of
publicity, or other right of any person or entity or impersonates any
other person, including without limitation other Players, celebrities and
Skrmiish employees;
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3.1.12 attempt to gain unauthorised access to Services or Accounts not belonging
to You;
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3.1.13 use the Services where it is prohibited by law.
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4.1 In order to utilise the Services You will need an Account.
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4.2 To open an Account and become an Account Holder You will be asked
to supply Us with Your name, surname, date of birth, email address, country and telephone number (“
Personal information
”). Skrmiish is required to do a Global Positioning Check (GPS) check to verify that you are in an
eligable country and or state to be able to utilise the Skrmiish Services.
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4.3 You agree to provide all relevant Personal Information to Us including your GPS
coordinates on opening of Your Account and it is Your responsibility to ensure that your
Personal Information is kept up to date to utilise the Services. You may update your
Personal Information as required from time to time through the Services.
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4.4 For information relating to Our collection of and processing of Your personal
information please refer to Our Privacy Policy.
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4.5 You may only have one Account. If it is discovered that You have
registered multiple Accounts, are sharing Accounts with another individual, or are
otherwise accessing the Services through an account that is not Your own, all Accounts
affected by such use shall be terminated, and any Tournament Prize associated with that
Account may be forfeited to Skrmiish.
- 4.6
In opening an Account with Us, You warrant that:
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4.6.1 You are at least 17 old;
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4.6.2 You do not reside outside of the Territories;
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4.6.3 Your actions are not restricted by limited legal capacity;
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4.6.4 You are not acting on behalf of another person and You are registering as
an Account Holder in Your personal capacity;
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4.6.5 You will use the Services solely for personal entertainment and not use
the Services as a way of conducting a commercial business or as a way of making a living;
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4.6.6 this is the only Account that You have opened;
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4.6.7 You have given accurate and up-to-date Personal Information;
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4.6.8 You are permitted in terms of the laws of Your country of
residence to participate in the Services including any associated Matches and
Tournaments. On request by Us, You will provide proof of your eligibility to
participate in a Match or to utilise the Services; and
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4.6.9 You have not previously been prohibited from utilising the Services.
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4.7 Each Account may only be used by one person. You must take all
necessary steps to protect the secrecy of Your log-in information. Your Account
may be terminated if someone else uses it. You must immediately notify Skrmiish
of any unauthorised use of Your Account or any other such breach of security at
dpo@skrmiish.com. Skrmiish shall not be responsible to You for any loss or harm
that results from an unauthorised person accessing your Account.
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4.8 Any actions taken through Your Account where the correct log in
details have been used will be considered binding to You.
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4.9 Skrmiish may permanently delete Accounts that are deemed inactive.
Accounts shall be deemed inactive when they have not been used for One Hundred
and Eighty (180) days.
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4.10 You acknowledge that if Your Account is deleted then You may lose access to any
information associated with that Account. If You wish to delete Your Account, please alert
Skrmiish by sending Notice to the following contact: deletemyacc@skrmiish.com
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4.11 No matter what else is said in these terms and conditions or anywhere else within
the Services, You expressly acknowledge that You have no right, title, or interest to or in any
Account You create through Our Services, and Your Account is not Your property. Your Account is
owned by Skrmiish and is licensed to You on a limited basis in accordance with these terms and
conditions.
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4.12 If You are a parent and believe Your child may have created an Account,
contact us with details of that Account at help@skrmiish.com to
remove it.
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5.1 Players may purchase a Subscription. The Subscription may be purchased
multiple times and with the purpose of gifting.
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5.2 Skrmiish hosts a Platform which enables Players to participate in Matches.
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5.3 At the beginning of each Season, Skrmiish will load each Account with an
equal number of LPs.
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5.4 The LPs are used to cover the Entry Points to participate in Matches.
The Entry Points for a Match are set by the Player initiating the Match. At the beginning
of the Match, the Entry Points will be deducted from the LP in Your Account.
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5.5 Players may earn additional LP based on the outcome of the Matches.
The outcome of a Match is determined by a Player’s skill.
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5.6 The additional LP which may be earned on the outcome of a Match will
be disclosed prior to the commencement of each Match.
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5.7 On determination of the Match result, the additional LP earned
will be recorded on the applicable Leaderboard.
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5.8 Skrmiish may elect at the end of a Season to award a cash
prize to the Players with the most LP.
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5.9 From time to time, Skrmiish may at its sole discretion elect to host a Tournament.
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6.10 At the end of the Season Skrmiish will reset the LP of each Player to the original
number and the competition will continue.
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5.11 The winner of each Match is determined by the individual skill of
Players and not by chance.
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5.12 Skrmiish will have the sole and absolute discretion to verify
the result of any Matches which it hosts and the award of additional LP. You
as a Player agree to be bound by this verification.
.
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5.13 Should LP be incorrectly recorded on an active Leaderboard in which
You are participating, it is Your responsibility to inform Us without delay.
If any LP are mistakenly credited to an Account, Skrmiish may reverse this award
at its own discretion.
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5.14 In the event of a contravention of these T&Cs, Skrmiish reserves
the right, in its sole discretion, to terminate Your Account.
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6.1 A Skrmiish Affiliate may promote, administer, initiate or conduct a
Match on, through or utilizing the Services. If a Skrmiish Affiliate chooses to
promote, administer, initiate or conduct a Match, the Streamer must adhere to
the following rules:
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6.1.1 The Skrmiish Affiliate may initiate a Match to the extent permitted by
applicable law and is solely responsible for ensuring that the Match complies with
any and all applicable laws, obligations and restrictions;
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6.1.2 The Skrmiish Affiliate will be classified as the host and promoter of
that Match or Leaderboard and will be solely responsible for all costs and expenses
related to that Match or Leaderboard, including, without limitation the establishment
and payment and/or distribution of prizes, where applicable and selecting prize winners.
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6.1.3 Skrmiish reserves the right to cancel the Skrmiish Affiliate -hosted
Match, if in the discretion of Skrmiish, it does not comply with the Terms and Conditions,
the Streamer Advocacy Agreement or applicable law.
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6.1.4 The Skrmiish Affiliate will display or read out the following disclaimer
when promoting, administering or conducting a Match: “This is a promotion by ______ (the Streamer).
Skrmiish is not responsible for the award or distribution of any prizes relating to this Match.”
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7.1 We assume no responsibility or liability for the conduct of any Account
Holder including and Skrmiish Affiliate or Player submitting any User Content, and
assume no responsibility or liability for pre-screening or monitoring the Services for
inappropriate or illegal content or conduct. Skrmiish is unable to pre-screen or monitor
all User Content and We will not do so. Your use of the Services is at Your own risk,
and You are solely responsible for any User Content that You post.
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7.2 When You transmit or upload User Content, you agree to abide by the following rules:
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7.2.1 all content will be accurate, complete, and free from fraud and deception;
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7.2.2 all content will be free of any Intellectual Property Rights infringement;
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7.2.3 all content will be free from obscenity, threats, defamation,
invasion of privacy, and other injuries to third parties;
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7.2.4 all content will be in compliance with these terms and conditions;
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7.2.5 all content will not be in violation of any law, contractual restrictions,
or other parties' rights;
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7.2.6 all content will be free of viruses, adware, spyware, worms, or other
malicious code;
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7.2.7 all content will be free of spam, commercial solicitation, chain letters,
and mass mailings.
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7.3 All User Content that You post will be considered non-confidential.
Skrmiish will only share Personal Information that You provide in accordance with
the Privacy Policy. Skrmiish is not responsible for any other user or third party’s
use or appropriation of any User Content that You have submitted through the Services.
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7.4 You hereby grant Skirmish a non-exclusive, irrevocable, perpetual,
transferable, fully paid-up, royalty-free, worldwide license (including the right
to sublicense and assign to third party) and right to use, copy, reproduce, quote,
re-post, fix, print, archive, store, modify, adapt, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate,
transfer, translate, lease, transmit, publicly display, publicly perform, or provide
access to electronically, broadcast, communicate to the public by telecommunication,
perform, enter into computer memory, and practice, in any way, Your User Content, or
any portion thereof, in any manner or form in any medium or format, whether now known
or hereafter devised, as well as all modified and derivative works thereof in
connection with Our provision of the Services, including marketing and promotions
of the Services, and without Notice, payment, or attribution of any kind to You or
any third party. Accordingly, You grant to Skirmish and Skrmiish Affiliates all
licenses, consents, and clearances necessary to enable Skrmiish to use User Content
for such purposes. You also hereby grant to Skrmiish the right to authorise others to
exercise any of the rights granted to Skrmiish under this clause. You further hereby
grant to Skrmiish the unconditional, irrevocable right to use and exploit Your name,
likeness and any other information or material included in any User Content and in
connection with any User Content, without any obligation to You. Except as prohibited
by law, You waive any rights of attribution and/or any moral rights You may have in
your User Content, regardless of whether Your User Content is altered or changed in
any manner. Skrmiish does not claim any ownership rights in your User Content and
nothing in these terms and conditions of Service is intended to restrict any rights
that You may have to use and exploit Your User Content.
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8
Service Availability and Termination
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8.1 You acknowledge that:
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8.1.1 We may, in Our sole and absolute discretion provide subsequent
amendments, versions, enhancements, modifications, upgrades or patches related
to any part of the Services;
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8.1.2 right to entry to a Match is strictly reserved to persons
resident in the Territories. Should we have any suspicion relating to the
legality of Your Account and/or any funds credited to your Wallet, then Skrmiish
has absolute and sole discretion to immediately terminate or restrict access to
the Services, or any portion of the Services, including any and all Accounts and
any and all funds related to Your Account at any time, for any reason, without
notice and without liability to You;
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8.1.3 access to the Services may be interrupted for reasons within
or beyond the control of Skrmiish, and that Skrmiish cannot and does not
guarantee You will be able to use the Services whenever You wish to do so;
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8.1.4 We may not offer the Services in all countries or geographic locations;
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8.1.5 You are solely responsible for any internet connection and mobile
fees that You may incur as a result of using the Services.
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9
No warranty and limitation of liability
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9.1 Skrmiish disclaims any and all warranties, expressed or implied, in
connection with the Services which are are provided to You on an “as is”
and “as available” basis. Skrmiish makes no warranties or representations
of any kind, express or implied, as to the operation, quality, fitness for
purpose, completeness or accuracy of the Services.
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9.2 Regardless of Our efforts to provide You with Services and Software of the
highest quality, safety and security, We make no warranty that the Service
will be uninterrupted, timely or error-free, that defects will be
corrected or that the Software and the Website shall be free from viruses,
bugs or other contaminants.
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9.3 Skrmiish reserves the right to suspend, discontinue, modify,
remove or add to the Software or the Services in its absolute discretion
with immediate effect and without an obligation to provide You with notice
where We consider it necessary to do so, including (for example) where We
receive information that You have entered into any self-exclusion agreement
with any gambling provider or where We deem it necessary for the management,
maintenance or update of the Software and We shall not be liable in any way
whatsoever for any loss suffered as a consequence of any decision made by
Skrmiish in this regard.
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9.4 Under no circumstances, including negligence, shall Skrmiish
or any Skrmiish Affiliate or any of its licensors (including Third Party Providers)
be liable for any special, incidental, direct, indirect or consequential
damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use (or misuse) of the
Software or the Services, even if Skrmiish had prior knowledge of the
possibility of such damages.
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9.5 Nothing in this Agreement shall exclude or limit Skrmiish’s liability for:
(a) death or personal injury resulting from its negligence; or (b) fraud
or fraudulent misrepresentation.
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10.1 You agree to defend, indemnify and hold harmless Skrmiish
and its shareholders, employees, directors from and against all claims,
demands, liabilities, damages, losses, costs, fees, or expenses
(including but not limited to legal fees and expenses) that arise under,
from or in any way, directly or indirectly, relate to:
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10.1.1 Your breach of any provision of these terms and conditions;
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10.1.2 Your use of the Services or use by any other person
accessing the Services using Your correct log-in details, including
but not limited to economic, physical, emotional, psychological or
privacy related considerations; and
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10.1.3 violation by You of any applicable law or any third party rights
(including but not limited to Intellectual Property Rights).
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11
Disputes and complaints
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11.1 If You have any questions about the Software, Website
or the Services, or in the event that You have any complaint or
dispute regarding the Services, You should in the first instance
email our customer services team at
support@skrmiish.com.
. We will try to resolve Your complaint via our escalation procedure.
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11.2 In the event of a dispute regarding the outcome of a
Match or Tournament, Skrmiish may request that Players provide
additional evidence, including but not limited to photo or video
evidence of Match or Tournament results by means of the Skrmiish website.
If You believe there has been a mistake with respect to any distribution
of any prize, please email us at:
disputes@skrmiish.com
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These terms and conditions shall be governed by and construed
and interpreted in accordance with the laws of the Isle of Man.