Yamzu.com allows Sponsors to host and arrange games or tournaments on the Website. The Website offers Sponsors with the perfect platform to either launch their games and products as well as to showcase themselves to a large gaming audience. The Website understands the various limitations and requirements of gaming companies and here at yamzu.com we have come up with the perfect solution for the same. The Website allows Sponsors to host or launch their products/games on the Website.
Sponsors may register themselves on the Website for free and may further host games and tournaments. The Website offers sponsors a great opportunity to building its brand name as well as for getting its product out there. The Website does not charge for any games or tournaments for which there is no monetary incentive, the Website shall levy an Administration Fee only in the event that the respective game has a registration fee or in the event that there is a payout to the winner.
The terms You, Your, Sponsor shall refer to the Sponsor using the Website and its Services, for the purposes of launching their products, building brand image or for hosting games or tournaments. The terms We, Us, Ourselves, the Website shall refer to yamzu.com along with its parent company, directors, employees, agents, representatives, sub- contractors and associates. Both the Website and the Sponsor may be individually referred to as Party and collectively as Parties.
By registering with the Website or by availing any of the services offered anywhere on the Website you hereby irrevocably submit to the terms of this Sponsor Agreement (the "Agreement").
- "Administration Fee" shall mean the fee of ten (10) percent charged by the Website for all games which have a registration fee.
- "Agreement" shall mean this Affiliate Agreement along with all its recitals and schedules.
- "Confidential Information" shall mean any trade secret or other information which is deemed confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by either Party) and which belongs to any associates or representatives of either Party (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the proprietary information relating to the development, utility, operation, general or specific data, functionality, performance, cost, know-how, details of present and proposed businesses, formulas, ideas, strategies, techniques, policy, data related to employees, present or proposed vendors/customers, information regarding research and development, unpublished financial statements, budgets and other financial details, computer programming techniques, methodologies and related technical information, business or marketing plans, forecasts, licenses, prices or lists, quotes, bids, controls, operating procedures, organisation responsibilities, marketing matters and any policies or procedures, software programs and files, operating manuals, user manuals documentation, source code and any and all information pertaining to the either Parties application or software of any of its associates or representatives.
- "Intellectual Property" shall mean Collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-inpart, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and Confidential Information; and (v) internet domain names, internet and world wide web URLS or addresses; and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
- "Services" shall mean the services of hosting and arranging of games and tournaments on the Website as well as any other services related to this.
- "Sponsor" shall mean such person or entity seeking to launch its products or build its brand name by hosting or arranging games on the Website.
- "User" shall mean any person using the Website or availing any of its Services.
2. General Terms
- The Website allows Sponsors to host games and tournaments on the Website so as to launch their products or for building brand image. Such use of the Website by any Sponsor shall be governed by the terms and conditions contained herein.
- The Website shall not levy any fee on the Sponsor other than the Administration Fee prescribed by the Website. In the event that the Sponsor hosts any game or tournament without any registration fee, then, the Website shall not charge the Sponsor for the use of the Website and its services.
- The Website shall provide assistance, as is reasonable, so as to ensure that any game or tournament hosted on the Website shall take place without any difficulties. However, this shall not be construed as placing an obligation on the Website to provide any assistance to the Sponsor.
- Any assistance as may be required by the Sponsor may be charged at the Website’s discretion. The rates for such assistance shall be as determined by the Website.
- The Website shall advertise the Sponsor’s brand, its product, game or any tournament hosted by it on the Website as well as on any social media platform in which the Website has a presence. However, the Sponsor shall be responsible for undertaking all of its marketing and promotional activities as well as providing the Website with the necessary advertising and marketing content.
- The Sponsor shall not be entitled to any commission for arranging or hosting any tournaments on the Website.
- Sponsors shall be required to register themselves on the Website before it may arrange or host any games or tournaments.
3. Restriction of Use
- By Using the Website or any of its Services, the Sponsor hereby agree that they shall refrain from posting, publishing, make public, distribute or transmit in any manner any content which, in the Website’s sole opinion, is considered to be harmful, abusive, threatening, discriminating, libellous, defamatory, vulgar, explicit, pornographic or otherwise inconsistent with any applicable law.
- The Sponsor is further restricted from posting, transmitting or distributing any malicious content that may alter or attempt to alter the normal functionality of the Website or its Services or that which affects any Users system, including but not limited to any viruses, malware, time bombs, logic bombs, keystroke loggers, Trojans or any other malicious coding or programs.
- Sponsors found using any unauthorized third party programs that interacts or attempts to interact with the Website or disrupts the functionality of the Website, shall be banned or restricted from accessing the Website and their respective accounts shall be either suspended or terminated at the discretion of the Website.
- All content and material present anywhere on the Website or in the Services are that which belongs solely to us or that which has been duly obtained. The Sponsor may only use, modify, reproduce certain parts of such content and material on obtaining the Website’s prior consent in writing. The Sponsor is expressly restricted from using, copying, reproducing, disseminating, transmitting, making public, selling or offering for sale the whole or any part of the Website and the Services without the Website’s express consent.
- The Sponsor is also restricted from accessing or attempting to access any part of the Website or of the Services not intended for use by the Sponsor. Neither shall the Sponsor attempt to breach or circumvent any of the security measures implemented by the Website.
- Sponsors may post, publish or transmit any content or communications only in such places designated for this purpose. The Website may, in its sole discretion, monitor or record any content posted, transmitted or made public by the Sponsor. However the Website shall have no duty to monitor any User/ Sponsor generated content.
4. Fee and Payment
- The Sponsor shall be responsible for distributing the prize. All winnings shall be distributed within 21 days from the date of the game or tournament. The Website shall not be responsible for any delays in distributing the prize.
- The Website reserves the right to withhold or deny payment to any person or entity in case of any disputes or if the Website suspects it of any irregularities.
- In the event the Sponsor hosts or arranges a cash tournament and the same is cancelled due to insufficient Users, the Website shall not levy any Administration Fee for the same.
- The Website shall not charge the Sponsor any hosting or server fees and the same shall be borne by the Website. However, the Website shall levy a hosting and maintenance fee against the Sponsor in the event any game or tournament has more than 320 participants.
- Sponsors shall be responsible in ensuring its compliance with all applicable laws, including but not limited to any tax requirements.
5. Term and Termination
- This Agreement shall continue to be in force for the entire duration for which the Sponsor arranges or hosts any tournaments or for such duration for which the Sponsor continues to avail the Services of the Website.
- The Sponsor may terminate this Agreement by providing an advance notice of 14 days.
- The Website further reserves the right to terminate this Agreement or any Sponsor account for any or no reason at all.
- On the termination of this Agreement, the Sponsor shall no longer be entitled to avail the Website’s Services. In the event of continued use of the Services by any Sponsor after the termination of this Agreement, the Website reserves the right to initiate appropriate legal action.
- On the termination of this Agreement, the Sponsor shall return to the Website any and all confidential or otherwise sensitive information pertaining to the Website it may have in its possession. In the event of any such information stored electronically, the same shall be destroyed from the Sponsor’s servers and a certificate to that effect shall be issued in favour of the Website.
- The Sponsor hereby acknowledges that during the course of this Agreement it shall have access to and use of Confidential Information pertaining to the Website, the unauthorised disclosure or use of which may result in irreparable loss to the Website.
- The Sponsor agrees that it shall not (other than in the proper course of this Agreement), either during the course of this Agreement or at any time thereafter (unless authorised to do so by the Website in writing) directly or indirectly (i) use for its own benefit or for the benefit of any third party or (ii) disclose or permit the disclosure or unauthorized publication of any Confidential Information or User information.
- The Sponsor hereby agrees and accepts that the Website shall have no duty of confidentiality over any information posted, published, made public or transmitted by it using the Website or any of the Services.
- The Website may also monitor and record any or all communications sent and received by the Sponsor through the Website and the Sponsor hereby consents to such monitoring and recording.
- The Sponsor further agrees and accepts that any wrongful disclosure on its part may result in irreparable losses to the Website for which monetary compensation may prove insufficient and that the Website shall, without prejudice to any other right or remedy available to it, be entitled to seek any injunctive or equitable relief available under law.
- However, neither Party shall be responsible for any wrongful disclosure if:
- Such information was known to the Parties prior to entering into this Agreement;
- Such information already existed in the public domain;
- Such information was disclosed due to no fault of either Party;
- Such information was disclosed in compliance with any law, court order or direction issued by any governmental authority.
7. Intellectual Property
- Any and all Intellectual Property, including but not limited to any patents, trademarks, copyright, trade names, logos, graphics designs or other graphical representation of the Website regardless of whether the same has been applied for or not, shall be that belonging solely to the Website or which has been duly obtained. The Website merely grants the Sponsor a revocable, worldwide, non-exclusive, royalty free right to use certain Intellectual Property of the Website for the purposes entailed herein.
- The Sponsor shall retain all rights, title and licenses over any and all content posted, published, transmitted or made public by it including any advertising and marketing content using the Website or any of its Services. The Sponsor hereby grants in favour of the Website a worldwide, irrevocable, royalty free right to use, copy, reproduce, distribute, make public any and all such content.
- The Sponsor shall retain all rights with regard to its products and shall grant in favour of the Website a worldwide, royalty free right to use the same.
- The Website reserves the right to initiate appropriate legal action against any person or entity found to be infringing any of its Intellectual property.
- The Sponsor shall be solely responsible in ensuring that it has obtained all necessary rights, licenses and approvals over all content posted, published, transmitted or made public by it anywhere on the Website. The Sponsor shall further be responsible in ensuring that it has all necessary rights, title and approval over its products and that the same is not infringing upon the intellectual or proprietary rights of any third party.
8. Representations and Warranties
- The Sponsor hereby represents and warrants that all information provided by it to the Website is true, accurate and complete in all aspects and that it has all necessary rights, titles and licenses over all such content.
- To the extent permitted under law, the Website hereby disclaims all representations and warranties, whether implied or not with regard to the merchantability and fitness of the Services provided. The Website makes no representations or warranties that the Services provided shall be continuous, error free, accurate or otherwise uninterrupted.
- All of the Services and other features as provided by the Website are on an ‘as is’ basis and an availability basis. The Sponsor shall be responsible for ensuring its availability beforehand.
- None of the information present on the Website or anywhere in the Services amount to any advice, neither shall the Sponsor place any reliance on the accuracy of such information.
- The Sponsor further represents that none of its advertising or marketing content or products is or shall infringe upon the intellectual or proprietary rights of any third party or be in violation with any applicable law in force for the time being.
9. Indemnity and Liability
- The Sponsor shall indemnify or otherwise hold harmless the Website as well as any other User against any and all loss, damage, claims, actions or suits arising due to the conduct of the Sponsor.
- The Sponsor hereby agrees and accepts that the Website is merely a facilitator that provides Users with the necessary servers required to host or play the games and tournaments and that the Website shall in no way be responsible for the actions of any User or for any content published or transmitted by any User.
- Under no circumstances shall the Website be liable for any loss of actual or anticipated revenues, profits, income, goodwill, business, or for any consequential, special, incidental, punitive, exemplary or other indirect losses or damages whether arising out of or related to these Terms including those in contract, tort (including negligence) regardless of whether such loss was foreseeable or if the Website has been advised of the possibility of such damages or loss. Neither shall the Website be liable for any loss, damage or destruction of property caused to any Sponsor due to the rendering of any Services, including personal injury and death.
- However, neither Party shall be liable for any loss, damage or claims arising due to any reason beyond the control of the Parties or which was otherwise unforeseeable, including but not limited to any Act of God, war, riots, and electrical spikes.
10. Non-Compete and Non-Solicitation
- The Sponsor agrees that during the course of this Agreement it shall have access, including but not limited, to accounts, charts, processes, know how, client details and other Confidential Information belonging to the Website.
- The Sponsor further agrees that it shall not, during the course of this Agreement and for a period of 5 years thereafter, make use of such information disclosed to it or made known to it, either directly or indirectly, to develop or assist in the development of any platform similar or identical to the Website. Neither shall it work for or be engaged with any business that is in direct competition with the Website.
- The Sponsor further agrees that it shall not, during the course of this Agreement and for a period of 5 years thereafter either directly or indirectly solicit any of the clients or business of the Website. Neither shall the Sponsor initiate or enter into any employment discussions or hire or otherwise solicit any of the Employees of the Website.
- The Website reserves the right to change or revise the whole or any part of this Agreement at any time. The Sponsor shall be responsible to keep itself updated with any changes to this Agreement.
- Continued use of the Website after any revision shall be construed as the Sponsor’s acceptance of the revised Agreement.
- The Website may, in its attempts to improve the Website and the Services, modify, change or update the whole or certain parts of the Website and the Services. The Sponsor may be required download, install, update or purchase certain additional software or hardware to meet the new system requirements. All costs incurred by the Sponsor while meeting any system requirements shall be borne solely by it.
- If any portion of this Agreement is unenforceable or otherwise inconsistent with any law in force, such portion shall be fully severable and the rest of this Agreement shall continue on as if such portion was never a part thereto.
- Any time taken or leniency shown by the Website shall not be construed as a waiver of the Website’s right to seek appropriate remedy available under law.
15. Governing Law and Jurisdiction
- Any and all claims or disputes arising out of this Agreement shall be dealt with in accordance with the laws of Sweden.
- The Courts of Sweden shall have exclusive jurisdiction over all claims and disputes arising out of this Agreement.
- However, the Website may always commence proceedings for the payment of any amount due to the Website in any court with jurisdiction over the Sponsor or any of the Sponsor´s assets.