This Terms of Use (the “Terms”) along with the corresponding Privacy Policy and other such policies in place together constitute the conditions for using yamzu.com (the “Website”). The Website is owned by Yamzu Sweden AB, reg.no. 559048-3912, a Swedish limited liability company.
If you wish to use the Website or any of its Services you must ensure that you are in conformity with all of the provisions stated hereinafter. By entering or browsing the Website or by availing any of its Services you hereby agree to these Terms. Should you choose not to agree to any part or all of these Terms you are advised to refrain from using the Website. All Users are requested to read through these Terms before browsing the site or availing any of the Services.
yamzu.com along with its parent company, directors, employees, agents, representatives, sub- contractors and associates shall be collectively referred to as the Website. Any person using the Website or any of its Services or otherwise registering themselves on the Website shall be hereafter referred to as User. Both the Website and the User may be individually referred to as Party and collectively as Parties.
1. About Us
The Website offers to its Users a gaming and tournament platform wherein they may participate in any of the available games. Registration on the Website is absolutely free and gamers can create and play games as well as tournaments. The Website does not charge any User for creating or playing any games or tournaments, however, Users creating the game or tournament may fix a registration fee for other Users. The User winning the game or tournament shall walk away with Eighty Five (85) % of the total registration fee and the Website shall be entitled to retain the remaining amounts.
2. Services
The Website provides users with a range of different games to choose from. Part of our goal in creating the Website was to provide a platform that would be as flexible as gaming is itself. The different types of games/tournaments a User can participate in are fourfold:
- Sit & Go games or tournaments – In this, Users will create two teams of equal numbers and play against each other. The game can either be in a single game format or in a multi game format (tournaments). The winner of the single game or tournament shall walk away with the winnings.
- 1 vs 1 – Like the team games and tournaments, individuals can challenge one another either in a single game or in a tournament format. Challenges can be made on most social media websites with Users getting special bragging rights. The results of these matches can be published on the Websites affiliated social media sites.
- Multi-day Tournaments – These tournaments will include a larger number of players and will be scheduled every week. Some of these tournaments may take place only once whereas other tournaments may be repeated. These tournaments shall take place over the course of 2-3 days. While some of these tournaments will be completely free and still have prizes, others will have registration fees and even bigger cash prizes for the winners.
- Every Day Scheduled Tournaments – These tournaments will be smaller and shorter than the multi-day tournaments. The tournaments will be short enough to be completed in a single day.
3. Conditions of Use
The Services offered on the Website are only for lawful purposes. Users are expressly prohibited from using the Website or any of its Services for any purpose that is inconsistent with any law for the time being in force or otherwise inconsistent with any of the provisions contained herein. The Website and its Services may be viewed or availed only by individuals having attained Eighteen (18) years of age. All Users who have not yet attained the age of Eighteen (18) years are requested to view the Website or avail any of the Services only in the presence of a parent or guardian. The Website shall assume no liability whatsoever for any loss or damage incurred or caused by individuals below the age of Eighteen (18) years.
The Website restricts users from uploading, publishing, transmitting or distributing any content that may, in the Website’s sole discretion, be considered as unlawful, harmful, threatening, pornographic, vulgar, explicit, abusive, discriminatory, defamatory, libellous or fraudulent. Users are also be required to refrain from posting, uploading, transmitting or distributing any malicious content including but not limited to viruses, Trojans, malware, time bombs, logic bombs, keystroke logger or any other similar form of harmful programs or code that may adversely affect or attempt to affect the normal functionality of the Website.
Users hereby agree that they shall refrain from accessing, disseminating, damaging or disrupting the functionality of the Website, any software used by the Website or any of the Website’s servers. Users also agree not to reproduce, duplicate, copy, sell or offer for sale the Website or any part thereto. Access to areas in the Website, game or the servers not made public is strictly prohibited.
Users are further restricted from using any unauthorized third party programs, including but not limited to mods, hacks, cheats, bots, or other automated programs that may interact or attempt to interact with the Websites software or disrupts or attempts to disrupt in any way the Services being offered on the Website. Users are also restricted from using any software, coding or any other content or material that may offer them an unfair advantage over the other Users. Accounts of Users found in breach of this provision shall immediately be terminated and such Users shall have no further access to the Website. Any winnings or other prize money won by such User shall stand forfeited in favour of the Website.
Users may also report any other User they have reason to suspect is in breach of these Terms. Should any User be reported to the Website, the Website shall conduct an enquiry into the matter. Should the Website determine, in its sole discretion, the reported User has been acting in breach of these Terms, the Website has the right to terminate the User’s account with immediate effect and restrict the User’s further access to the Website pursuant to Clause 6.
The Website retains all rights, title and license over all features and content present on the Website. Users are prohibited from using, altering, modifying the same without the express consent of the Website.
Users wishing to avail the Services on the Website must register themselves on the Website and create a personal account. The Website does not levy any charge for registering or creating User accounts. However, Users may be required to pay a registration fee set by other Users for playing certain games or tournaments. Users shall be solely responsible for all costs incurred, including but not limited to internet connection fees, cost of any software or hardware required or any repair charges incurred, while accessing or using any of the Services offered.
Logging out or disconnecting during a game or a tournament may lead to such Users or such User’s team’s forfeiture and the Website shall not be responsible for any loss or damages incurred due to the forfeiture.
The Website may, in its attempt to improve the features and functionality of the Website, the Services or of the game itself, modify, change or update certain features present on the Website. Users may be required to download, install, purchase or update certain software or hardware so as to meet the revised system requirements. All costs for downloading, installing, purchasing or updating any software or hardware required to avail the Services shall be solely borne by the User.
Users shall also be entitled to boosts and other in game features made available by the Website, including but not limited to achievements, rewards, unlocks, in Yamzu Points. The Website reserves the right to remove or terminate all such features without any notice to the Users. Users hereby agree and acknowledge that they have no rights over any such features and the same shall be that solely belonging to the Website to do with as it may please.
The Website provides Users with a ranking system to make the Services more competitive. Users are free to post or publish their ranks and other in game achievements on any social media or other site to which the Website is affiliated to. However, the Website may at any time remove the ranking system or promote or demote any User based on their conduct whether in game or in any of the Websites forums. The Website has also created a hall of fame for players who have made outstanding achievements in any of the games present on the Website. The Website shall have sole discretion in deciding whether or not a User’s in game achievements have qualified for the hall of fame.
Users shall post or publish any information and material only in such places designated for that purpose (Public Forums). The Website as well as other Users shall have no duty of confidentiality to any User posting any information or material in the Public Forums. The user further relinquishes all rights, title and interest over any and all content or material posted on any Public Forum. Users are also requested to use the chat or comment features to communicate with other Users. User are further restricted from spamming or flooding the Public Forums or any chat or comment feature present on the Website.
The Website may, in its sole discretion, monitor or record any content or material posted or published by Users in any of the Public Forums. This shall not be construed to mean that the Website shall have a duty or obligation to monitor or record any such content or material.
4. User Accounts
Certain features and Services present on the Website shall be available only to such Users who have registered and created a personal account for themselves on the Website. The Website reserves the right to refuse or accept a User’s application for any or no reason.
In the event any User is in violation of the provisions contained herein or in violation of any law for the time being in force, the Website may, in its sole discretion, restrict such User’s access to the Website or any of the Services provided.
Users must provide the Website with true, accurate and complete information to register themselves. Users shall only be entitled to a single account per User and Users are expressly restricted from sharing their accounts with any other person or User. Users are further restricted from revealing their account details, including but not limited to any usernames or password, to any other person. Accessing or attempting to access the accounts of other Users are not entertained and violators shall be restricted from accessing the Website. The Website advises all Users to use strong passwords while creating their accounts. Users are also requested to report any breach or attempted breach of their accounts.
Any and all content posted, published or transmitted from a User account shall be construed as posted, published, transmitted or otherwise made available by or with the knowledge of the User. Users shall be held responsible for all content posted by them, whether or not such content was posted through their respective accounts. The Website may also remove, terminate or delete certain User names if they are found to be, in the sole opinion of the Website, vulgar, explicit, discriminating, misleading, libellous, defamatory, sexual, harmful or otherwise hurtful.
The Website may make periodic reviews of any content posted, published or transmitted by Users. However, the Website shall be under no obligation to do so. The Website reserves the right to delete, modify, refuse to publish any part or all of the content posted, transmitted or made public by Users.
Any account that has remained inactive for a period exceeding Four (4) months may be deleted or terminated at the discretion of the Website. The Website also reserves the right to terminate the accounts of any User for any or no reason at all.
5. Fee and Payment
The Website does not charge Users for creating accounts or for registering themselves on the Website. All Services offered by the Website are free of cost. However, the Website may, in its sole discretion, charge Users for any additional services that may be required by them. The Website may at any time set or change the prices of any of its Services.
To be able to participate in games and tournaments Registered Users requires Yamzu Tokens. Any payments on the Website of registration fees or other charges will be made with Yamzu Tokens. The winnings will be distributed in Yamzu Tokens. One (1) Euro represents Ten (10) Yamzu Tokens.
Registered Users may subscribe or buy for Yamzu Tokens on a monthly basis, at a cost of Ten (10) € a month or purchase on the go at a range of Ten to Fifty (10 – 50) €. Registered Users younger than Eighteen (18) years may, under supervision of a parent or guardian, subscribe or buy for Yamzu Tokens on a monthly basis at a cost of Four (4) € a month.
Registered Users may avail any of the Services present on the Website at no cost whatsoever, however, certain games and tournaments may have a registration fee set by other Users which will have to be paid to participate in the respective game or tournament.
Users winning the games and tournaments having a registration fee shall be entitled to retain Eighty Five (82) % of the registration fee. The remainder shall be retained by the Website as hosting and service charges. The winnings received from the game or tournament shall be divided among the winners as per the instructions of the Website. Users shall not be entitled to any refunds on any registration fee paid.
The Website shall have final authority in deciding the winner of every game or tournament. All registration fee paid shall be collected and stored by the Website until the end of the game or tournament. The disbursement of the registration fee collected shall be solely done by the Website.
In case of any disputes or any claims with regard to the registration fee, the Website shall be the final deciding authority. The Website’s decision shall be final and binding on all concerned Users. The winnings of each game or tournament shall be distributed within Twentyone days from the date the game or tournament ended. The winnings will be distributed in Yamzu Tokens. Yamzu Tokens can be converted into in-game-items or be refunded in cash (€).
The Website shall not make any tax deductions with regard to the winnings and it shall be the sole responsibility of the Users to ensure that they are in compliance with all local laws and taxes that may arise.
6. Terms and Termination
These Terms along with any other applicable policies, including but not limited to the Website’s Privacy Policy shall continue in full force and effect for the entire duration of the User’s use of the Website and its Services. These Terms shall expire only once Users have stopped all use of the Website or its Services.
Users may at anytime terminate these Services by stopping all further use of the Website and its Services.
If at any time Users are found to be in breach of these Terms or in violation of any applicable laws, the Website may stop all Services being rendered to the User or restrict the User from further accessing the Website and any of its Services as well as terminate the account of such User. Violating users shall have no claim whatsoever over any of their winnings and the Website may, at its sole discretion, retain all such amounts and/or distribute it in any manner it may deem fit.
If any restricted User is found using the Website or its Services, after the termination of these Terms, the Website reserves the right to seek appropriate remedy.
The Website also reserves the right to terminate the Services being rendered or any User account for any or no reason at all.
7. Linking and Advertising
Users are requested to refrain from posting any links to or from the Website unless on obtaining the prior consent of the Website. Users posting or creating any links to or from the Website shall be responsible for the content present on such site linked to the Website. Any links created or posted using any User account will be construed as if such link was posted or created by the account holder. The Website does not, in any manner, support or endorse the content present on any site that has been linked to the Website.
The Website may also contain certain advertisements. Users are requested to ensure the safety and security of such advertisements or links present on the Website before pursuing it. The Website shall not be responsible for any loss or damages caused due to any links or advertisements.
8. Confidential Information
Neither Party shall use, either for their own benefit or for the benefit of any other person, or disclose or permit the disclosure of any Confidential Information belonging to the other Party. Users are hereby expressly prohibited from knowingly using, transmitting, distributing or disclosing any information belonging to any third party.
However, neither Party shall be responsible for any wrongful disclosure if:
- Such information was known to them prior to entering into these Terms.
- Such information already existed in the public domain.
- Such information was disclosed due to no fault by either Party.
- Such information was disclosed in compliance with any law, court order or direction issued by any governmental authority.
Users hereby accept and agree that any wrongful disclosure on their 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.
The Website may monitor or record certain User communication including but not limited to any communications sent or received in the Public Forum, chat or comment section or any other communication sent and received during the game, and Users hereby provide their irrevocable consent to such monitoring and recording.
Any breach or violation of the confidentiality obligations present here may result in the immediate termination of the violating User’s account.
9. Intellectual Property
Any and all Intellectual Property, including but not limited to any trademarks, trade names, logos, graphics designs regardless of whether the same has been applied for protection or not, shall be that belonging solely to the Website or which has been duly obtained.
The Website merely grants to the Users a revocable, worldwide, royalty free right to use certain Intellectual Property of the Website as agreed upon by the Parties for the purposes entailed herein.
Although the Website appreciates your feedback and suggestions, Users are further requested to refrain from submitting any creative ideas, suggestion or material. This is to avoid any misunderstandings or disputes that may arise regarding the ownership of any ideas, products or services developed by the Website that may inadvertently appear to be similar to any suggestions or ideas received from Users. Should you chose to continue submitting any ideas or suggestions, then you hereby accept and agree that the Website shall have a worldwide, royalty free, irrevocable right to use, distribute, modify, reproduce, adapt, translate, make public, make, sell or offer for sale all such ideas or material submitted by the concerned User. No consideration shall be due or payable to the User in such a situation.
However nothing contained herein shall restrict the User’s right over any Intellectual Property uploaded or published on the User’s profile in accordance with these Terms.
The Website reserves the right to take any appropriate remedy available under law in the event of infringement of the Intellectual Property belonging to the Website.
The Website is in compliance with the U.S. Digital Millennium Copyright Act, Users who suspect their copyright may have been infringed may report the same to the Website.
By uploading or posting any content or material anywhere on the Website, including any Public Forums, profiles or chat sections, you hereby grant to the Website a non-exclusive, irrevocable, worldwide, limited right to use such content or material for the Website’s marketing and promotional activities.
10. Representation and Warranties
Users hereby represent and warrant that they have all necessary rights, title and approvals over all information or content provided by them and that such information is true, accurate and complete to the best of their knowledge.
To the extent permitted in 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. Users shall be responsible for ensuring its availability before availing the same.
Any and all information and content present on the Website are for your general information only. The same shall not be construed to amount to advice of any sort. Users must consult or obtain the services of a professional before relying on any of the information present.
11. Indemnity and Liability
Users shall indemnify or otherwise hold the Website harmless against any and all loss damages or claims that may arise due to the actions or inactions of the User, including but not limited to any infringement of Intellectual Property or breach of their confidentiality obligations.
The Users hereby agree and accept that the Website is merely a facilitator and 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.
Under no circumstances shall the Website be responsible or otherwise 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 any of the property of the User that arises due to or during the rendering of Services, including but not limited to any personal injury or death.
Furthermore, the Website shall not be liable for the destruction, deletion, modification, impairment, “hacking,” or any other damage or loss caused to the in game achievements, bonuses or any other virtual items or points, including but not limited to the deletion of the in game achievements, bonuses or any other virtual items or points. Neither shall the Website be responsible for any technical or system malfunctions that may arise due to the Services being rendered.
Users agree and understand that they are availing all of the Services offered at their own risk and that the Website shall not be responsible, in any manner, for any losses or damages caused due to the Services.
However, neither Party shall be liable for any loss, damage or claims arising due to any cause that was out of the control of the Parties or was otherwise unforeseeable, including but not limited to any Act of God, war, riots, and electrical spikes.
12. Amendments
The Website may, in its sole discretion, amend, change, modify or remove any part or all of these Terms without any prior notice. It shall be the Users responsibility to periodically check for any changes. Continued use of the Website or the Services by any User after any revision to these Terms indicates the User’s acceptance of the revised Terms.
In case of any conflicts between these Terms and the revised version, the revised version of these Terms shall prevail.
13. Severability
If any part of these Terms are found to be unlawful or unenforceable, such portion of these Terms shall be made fully severable and these Terms shall continue on as if such portion was never a part thereto.
14. Waiver
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. Entirety
This Terms of Use along with the corresponding Privacy Policy shall constitute the entire agreement and understanding between the Parties and shall supersede any and all prior agreements and understandings. In the event of any conflict between these Terms and any revised Terms, the revised Terms shall prevail.
16. Governing Law and Jurisdiction
Any claims or dispute arising out of these Terms shall be dealt with in accordance with the laws of Sweden
The Courts of Sweden shall have sole jurisdiction over all such claims and disputes.
However, the Website may always commence proceedings for the payment of any amount due to the Website in any court with jurisdiction over the User or any of the User´s assets.