Last modified: 2023-05-16
Cybfed inc offers a Platform which includes "Marketplace" and "Social Network". In addition to these Terms (as defined below), the Marketplace is governed by the Marketplace Policy, the Clans are governed by the Social Network Policy. The Marketplace allows Service Providers (as defined below) to offer certain services on the Platform, and the Social Network consists of membership communities on the Platform created by Users and/or Organizers (both defined below).
(i) The Social Network, (ii) The Marketplace, two of which are wholly or partly governed by their separate terms and conditions – govern your ("You", "Your" or "Yourself") access to and use of the Platform.
These Terms are effective between you and Cybfed inc at Suite 201, 651 N Broad St, Middletown, Delaware when you have completed the registration process as set forth herein and shall remain in effect until will be terminated in accordance with this document.
1.1 The Platform allows registered users (“Users”) and other third parties (“Promoters”) to provide certain gaming-related services (“Services”, as described in more detail herein) on the Platform, and to transact and communicate directly with by other Users who are looking to use or purchase such Services. Services may include:
1.2 Users may from time to time participate in Competitive Gaming Competitions that are supported on the Platform. Users (and only Users) will be able to participate in such Competitions, whether organized by Cybfed, individual Users or Organizers. The Competitions featured on the Platform are categorized as "games of skill" and the outcome of any matches played in a Competition (hereinafter referred to as a "Match") is solely the result of skill and not chance.
1.3 The computer games (“Game Names”) provided through or integrated with the Platform are offered as is and are owned by the respective game developer or publisher (“Game Owners”). Game titles provided through the platform are available to Users and Organizers solely for the purpose of playing, holding and organizing Competitions, creating Clans and monetizing these Clans or audiences on the Platform. For the sake of clarity, Game Owners may, through separate agreements with Cybfed, limit or limit the extent to which Users and Hosts may offer Services and Competitions through the Platform. As such, the use of various Game Names on the Platform may vary.
2.1 Subject to the terms and limitations of these Terms, upon completion of the registration process on the Platform as described herein, you are granted a limited, revocable, non-exclusive and non-transferable right during the term of these Terms - as a User - to access and use the Platform solely for the purposes set out in Section 1 above. Use of the Platform is subject to the applicable fees and other charges set out in Section 4.
2.2 For the avoidance of doubt, no other licenses are granted to you with respect to the Platform or otherwise, other than as expressly provided herein.
2.3 The license may be terminated if you violate the rules described in this agreement.
3.1 In order to use the Platform as a User, You must register and maintain a "User Account". To register a User Account on the Platform, you need to:
3.3 You are fully aware of the fact that payments made for participation in Competitions, for membership Subscriptions, Marketplace Services or other activities on the Platform are generally non-refundable, unless otherwise expressly provided herein or as required by applicable mandatory legislation.
3.4 Subject to the Delaware Uniform Electronic Transactions Act. Delaware Uniform Law of Electronic Transactions (6 Case C. § 12A-101 et seq.), by entering into these Terms, you acknowledge and agree that delivery of our obligations commences and that there is no right of withdrawal. Notwithstanding the foregoing, you may terminate these Terms at any time in accordance with Section 6.7 below.
4.1 Your use of the Platform and Services under this Agreement may – depending on which features of the Platform you wish to use or which Services you wish to access – may require you to pay one or more of the fees as set out in paragraphs i-iv below, in accordance with the applicable price list, which is made available to you from time to time in the price list section
5.1 When you register and/or process payments to or from your user account, you may be required to provide the following information for such purposes:
5.2 The information provided must be true, accurate, current and complete as requested. If Cybfed has reasonable grounds to suspect that You are registering a User Account with intentionally incorrect information, Cybfed reserves the right to suspend or, if necessary, terminate Your User Account. Cybfed also reserves the right, at its sole discretion, to change and/or suspend or discontinue the use of offensive and/or inappropriate usernames.
6.1 You are solely responsible for all obligations and compliance with these Terms and are entitled to all benefits arising therefrom. You may not allow any other person to access your User Account, access the Platform, accept any prize, offer any Services, or enter any Competition using your User Account. Your user account cannot be transferred to another person. All actions taken under your Account will be deemed to be performed by you.
6.2 You are only allowed to register one active User Account on the Platform. Cybfed reserves the right, but has no obligation, to monitor any attempt to create multiple user accounts. If you are found to have opened more than one User Account in violation of these Terms, all of your User Accounts may be suspended or terminated without notice. Cybfed reserves the right to deny access to those Users who use proxy servers and/or IP addresses located in certain geographic areas.
6.3 In consideration of your use of the Platform and your Account, you agree to:
7.1 On the platform for purchases, you can use both fiat and cryptocurrencies, as well as tickets that can be purchased using:
7.1 You may transfer funds to be deposited into your user account (see section 7) or use funds that have been awarded to you in the form of prizes by participating in competitions.
All payments must be made from a bank or payment account that you own. Cybfed also reserves the right to require you to validate or validate any or all purchases previously made under a user account. You acknowledge that in the event of any dispute, your confirmation may be used by Cybfed as evidence.
7.3 Any attempt to defraud the Platform with credit cards or other payment methods, regardless of the outcome, or any failure by you to comply with legal requirements or requirements for payment or confirmation of deposits, will result in the immediate termination of your User. Accounting and confiscation of any prizes.
7.4 Your interactions with Sponsors or Users found on or through the Platform, including payment for and participation in any Services, are solely between you and such Users or Sponsors. You are responsible for conducting any investigation you deem necessary or appropriate before entering into any online or offline transactions and/or agreements with any of these third parties. You agree that Cybfed shall not be liable for any loss or damage of any kind incurred as a result of any such transactions.
8.1 As a member of a Clan on the Platform (“Member”), you may receive additional benefits (as specified by the Clan Owner) by paying for a Membership Subscription, making a donation or paying a one-time fee. Such paid Services are subject to the terms and conditions of the Platform provided by us from time to time, and whether such paid Services are available in a particular Clan is up to each Clan Owner. For more information, see the rules of the owner of the Clan.
8.2 Some Competitions or series of Competitions may require you to pay a ticket (also known as an entry fee) in order to be eligible to participate. In some cases, such entry fee may be combined with entry fees paid by other entrants to create a prize pool for this Contest. Cybfed reserves the right to charge a platform fee on all entry fee transactions paid by Users to participate in the Competition.
8.3 For the sake of clarity, the Services are offered by other Users or Organizers (in this context referred to as "Service Providers") and not by Cybfed employees. The fees for such Services are set by the Service Provider.
8.4 By default, all payments are made from the funds held in your user account. To pay for such Services or Contests mentioned above, you must have free funds. These funds can be obtained in the mentioned 7.1.
8.5 Users may offer promotions/tasks for tickets to other users.
9.1 You may at any time request a withdrawal of available funds from your user account. Withdrawal privileges may be revoked to the extent reasonably required for security reasons, suspected fraud, or if your user account has been suspended. All withdrawals must be made to a bank or payment account that you own.
9.2 As a general rule, the minimum withdrawal amount allowed is ten (5) USD. Please note that there is a seven-day grace period for withdrawals from new User Accounts during which no withdrawals can be made.
9.3 Withdrawals are subject to a transaction fee and an administration fee of a flat fee and/or a percentage of the withdrawal amount (depending on the terms and conditions applied by the respective payment provider) which is initially paid by Cybfed. To offset the costs incurred, Cybfed withholds a withdrawal fee from withdrawable funds ("Withdrawal Fee"). The current Withdrawal Fee is shown in the price list available to you here.
9.4 You are advised to contact our support team at email@example.com if a withdrawal is not received by you within three (3) business days of submitting your withdrawal request.
9.5 To prevent fraudulent behavior and account takeover, Cybfed reserves the right, for such security purposes, to require you or the credit card holder (if applicable) to provide proper proof of identity and eligibility prior to any request to remove proof of identity in order to confirm the validity of the withdrawal request and your identity. If such a request is made by Cybfed, no withdrawal payments will be made until Cybfed receives proper confirmation. If we do not receive the required confirmation within (10) business days, the withdrawal request will be canceled, the associated user account will be suspended, and you will be contacted by email with further information.
10.1 You may terminate your User Account at any time. We recommend that you do this by contacting support directly at firstname.lastname@example.org .
10.2 Cybfed, upon termination of your account as set out in section 6.7.1 above, will transfer any remaining funds in your user account (subject to the deduction of applicable withdrawal fees) to your connected payment method or payment wallet. However, if the termination of your User Account is due to a material breach by you of these Terms, you may - if the circumstances so require - not be entitled to a refund of any remaining funds in your User Account.
10.3 If you would like a refund from closed, suspended, or excluded user accounts, you must contact our support team at email@example.com .
11.1 An inactive user account is an account that has not been accessed by a user for an uninterrupted period of twelve (12) months.
11.2 Once your account is deemed inactive, Cybfed will contact you via email to inform you that the user account may be terminated thirty (30) days from the date such email is sent if you do not log in. account closure means that any funds still in your account balance may be transferred back to Cybfed to be used for promotional purposes, donations to related charities, or otherwise used to further improve the Platform.
12.1 Cybfed uses the services of third party electronic payment processors and financial institutions (hereinafter referred to as "Payment Providers") to order and withdraw funds from User Accounts. Deposits and withdrawals to your user account are subject to these Terms and, where applicable, the terms of the third party payment provider.
12.2 You hereby authorize Cybfed to instruct such Payment Providers (eg PayPal, Stripe, Qiwi) to process deposits and withdrawals from your User Account as reasonably required to provide the Services and Competitions on the Platform. You agree that Cybfed shall not be liable for any damages caused by any unauthorized use of your credit card or other payment method by a third party in connection with the use of the Platform.
13.1 The Platform is cloud-based and provided over the Internet, so its actual availability is subject to factors partially beyond the control of Cybfed. You agree, without limitation, that Cybfed shall not be liable for technical, hardware or software failures, lost or unavailable network connections, disconnections from Competitions or Matches hosted on the Platform, or any incorrect or inaccurate results that may be published on or in connection with a competition or match. You further agree that Cybfed shall not be liable for any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Platform or Your Account.
13.2 You may not:
13.3 Cybfed, in its sole discretion, reserves the right to suspend or terminate the Account of any User who is guilty of a violation of any of the provisions set forth in Section 8.2 above or otherwise violates these Terms.
13.4 For violations of the Terms (including the Rules of Conduct in Section 20 below) that Cybfed, in its sole discretion, considers to be unintentional or less serious, first-time offenders may receive an initial warning and their User Account may be suspended at Cybfed's sole discretion. Repeated violations will be considered an intentional violation of the Terms. If you are suspected of violating the Rules of Conduct, Cybfed reserves the right to suspend your User Account, including any access to the Platform, or freeze funds and any account balance or withdrawal for up to six months while an investigation is pending.
13.5 If you have received any balances due to a breach of the Terms, Cybfed reserves the right to withdraw such balances from your user account upon closure or deletion of your user account and reuse the balances for promotional purposes, donations to related charities or otherwise to further improve the platform.
14.1 You acknowledge and agree that the Platform is a tool for sharing information about match requests issued, receipt of such requests between you and other users, and match results. Cybfed is not involved in any way in any Match, but may provide general support on issues related to the Platform.
14.2 By accepting a specific Match request from another User (or by participating in an automated matchmaking event (“Matchmaking”) conducted on the Platform), You expressly acknowledge that You have read and understood the terms and conditions under which You will participate in the Match. .
14.3 A match created from a Matchmaking event brings players or teams together with an automatic matching algorithm. Matching requests may also be sent directly to you by other Users, in which case the matching is done based on the mutual preferences of the Users. Once You have joined a Match through matchmaking or otherwise, You agree to play the Match to the end with any matched teammates or opponents.
14.4 Players and/or administrators may agree to the specific terms and conditions for a particular Match, which will apply in conjunction with these Terms. If the terms applicable to each Match conflict with these Terms, these Terms shall prevail.
14.5 Matches in Cybfed are organized by individual Users or Organizers through their Clan, unless expressly stated otherwise. Thus, Users participating in Matches participate in events created or organized by other Users or Organizers.
15.1 Competitions are governed by these Terms in conjunction with the terms and conditions applicable to each Competition. If the terms and conditions applicable to each Contest conflict with these Terms, these Terms shall prevail.
15.2 By entering the Contest and confirming your entry, you expressly acknowledge that you have read and understood the nature of the Contest and the terms and conditions under which you will enter.
15.3 Cybfed competitions are run by individual Users or Organizers through their clan, unless expressly stated otherwise. Thus, Users who participate in competitions or events participate in events created or organized by these aforementioned parties.
16.1 Users and Organizers who wish to offer their Services (in this context referred to as "Service Provider") on the Platform may sell such Services through the Marketplace by creating a list of the Services they wish to offer. Other Users may then browse such listings of Services offered by Service Providers and purchase those Services through the Marketplace.
16.2 For more information about the Marketplace and related terms and conditions, please see the Marketplace Policy.
17.1 Cybfed is not the organizer of the Services, events or Competitions available in any of the Clans on the Platform, unless expressly stated otherwise. Cybfed is rather an intermediary for the Services provided by the Service Providers. Thus, Users who participate in Competitions or participate in Services or events enter into agreements created and organized by these Service Providers.
17.2 Users and Organizers may create Clans on the Platform. Users and Organizers who host such clans are referred to as "Clan Owners" in this context. Clans can be either closed or open on the Platform at the choice of the Clan Owner. In the Space, Clan Owners may offer various Services to other Users, including, but not limited to, Competitions, gaming opportunities, and other eSports-related Services.
17.3 Depending on what rules the Clan Owner has set for the Clan, you, as a Member, may be required to pay the appropriate fee in order to access all contests and content available in the Clan.
17.4 Members who violate the rules of the Clan or any relevant provision of these Terms or other applicable policies may lose their Member status and be banned from accessing the Clan. This includes loss of access to any Services in such Clan. In addition, any active Subscriptions to said clan may be terminated. Banned members will not be refunded unless the Clan Owners deem it appropriate in their sole discretion.
17.5 If you find that certain Clan rules are inconsistent with these Terms or our general policies, please contact us.
17.6 For more information and terms related to clans and clan owners, see the Clan Policies .
18.1 Any prizes won by you on the Platform will be awarded to you in full. Any and all national, provincial, state and local taxes payable in connection with the award of prizes are your sole responsibility and liability.
18.2 If the Contest has an entry fee and is hosted by the Organizer, the Organizer may decide whether to use any entry fees paid by entrants into the prize pool of the Contest, or whether all or some of such fees shall be treated as a commission on the Organizer's portion.
18.3 Users and Organizers offering prizes to Contest participants are required to deliver such prizes, cash or otherwise, to Contest winners in a timely manner. Cybfed reserves the right to temporarily or permanently ban Organizers who violate these rules. However, for the avoidance of doubt, Cybfed is under no obligation to, and does not guarantee, any prizes, offers or winnings offered by third party Sponsors.
18.4 Whenever possible, and unless otherwise agreed in advance in writing with Cybfed, cash prizes shall be funded using the "Sponsorship of Prizes" feature of the Platform. Prize money funded through the Platform's prize sponsorship feature will be deducted from the User's or Organizer's Ticket and held securely in escrow until the end of the Contest, at which time the prize money will automatically be distributed to winners' wallets. To protect Users and for security purposes, Cybfed reserves the right to restrict or remove Competitions and Clans that offer cash prizes not funded through the platform's Prize Sponsorship feature.
18.5 The outcome of Matches and Competitions directly depends on the number of participants and the skill level of each participant. Cybfed does not comment or make any representations about your chances or any other User's chances of winning or losing.
18.6 All cash prizes issued through the Platform are added as funds to the winner's user account. All funds and prizes are expressed in the currency chosen by the user. All references to the euro on the Platform are references to the USD currency. If you make a payment in a currency other than USD, the payment system will convert the funds into USD. You may be charged a fee for such currency conversion at a percentage set by the respective payment providers.
18.7 The results and prizes of each Match or Competition will be determined based on actual game and server data and, where appropriate, by the Match and Competition organizers (and their administrators or moderators). Such determinations are final and cannot be appealed. By registering and/or participating in any Match or Competition, you agree to be bound by these terms.
18.8 Cybfed and its administrators may, if necessary, reverse decisions made by Users and Organizers in the context of Competitions, as appropriate or necessary, if Cybfed deems such action necessary for the benefit of Users or the Platform as a whole.
19.1 By registering a user account, you agree that Cybfed may display your username, game data and statistics, tournament records and any other information relating to your gaming activity on the platform. In addition, Cybfed may display on the Platform any Competitions, Clans, logos or other information provided by you to the Platform in relation to the Services provided by you as a Host.
19.2 You authorize Cybfed to print, publish, broadcast and use worldwide, in any media and at any time, Your username, game data and statistics, tournament records and any other relevant information relating to Your gaming activity or Services on the Platform. , for advertising, marketing or similar purposes without additional compensation.
19.3 Cybfed may share such information with Organizers, sponsors or partners when you participate in their events or competitions. By accepting these terms, you also agree to such sharing of information.
19.4 If you submit or transmit to the Platform audio, video, or textual material, including, but not limited to, comments, questions, suggestions, drawings, computer programs, or other content (collectively, “Submissions”), you provide Cybfed and its affiliates with , partners and distributors, a non-exclusive, worldwide, royalty-free, perpetual, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works based on these Submissions in any form, medium or technology for the purposes of developing and marketing the Platform. You hereby refuse
19.5 You represent and warrant that you have all the rights necessary to grant Cybfed and its affiliates the license set out in Section 14.4 above and that none of your Submissions is defamatory, infringes any rights of any third party, including, but not limited to , any intellectual property rights, or violates applicable laws.
20.1 Ownership and all intellectual property rights in and to (i) the Platform, including but not limited to patents, design rights, copyrights, trademarks, trade secrets and proprietary know-how, and (ii) any content included in the Platform. and the Services (excluding Your Submitted Materials), including, but not limited to, the entire design of the Platform, text, graphics, photographs, audio, video, their selection and arrangement, and all software that is part of the Platform and the Services (this subsection ii collectively referred to as "Content") is owned and owned by us or our licensors, as the case may be, and nothing in these Terms shall be construed as a transfer of any such rights from us to you.
20.2 You agree not to modify, publish, participate in the transfer or sale of, create derivative works from, or use the Content in any way. Cybfed does not warrant or represent that your use of the Content will not infringe the rights of third parties.
22.1 Any complaints about the Platform or the Services must be directed to Cybfed via (i) the live chat support on the Platform or (ii) email firstname.lastname@example.org .
22.2 In order for Cybfed to deal promptly with your complaint, the complaint must contain clear information about your identity, as well as all relevant details that form the basis for the complaint. Cybfed will make every effort to resolve the reported issue as soon as possible.
23.1 Cybfed prohibits any activity commonly referred to as "Spam", which is defined as:
23.2 If you receive a report that you are spamming and the claims are verified by Cybfed, Cybfed may, in its sole discretion and with or without prior notice, take the following actions:
23.3 Cybfed will evaluate each confirmed incident of abuse on a case-by-case basis and suspend or suspend action at its sole discretion. Cybfed reserves the right to cancel the block at any time at its sole discretion.
23.4 If you wish to report a violation of Cybfed's Anti-Spam Policy, please send all evidence of abuse to email@example.com .
24.1 Cybfed must comply with the Money Laundering and Terrorist Financing Prevention Act and any other relevant regulations. Cybfed verifies all transactions and reports any suspicious transactions to the appropriate US authorities.
24.2 If You become aware of any suspicious activity related to any of the Matches or Competitions on the Platform, You must immediately report it to Cybfed.
24.3 Cybfed may suspend, block or terminate any user account and withhold funds in accordance with the aforementioned law.
24.4 To satisfy the intent of the attackers, Cybfed does not accept cash deposits but sells ticket packages that can be used within the platform and only after use by the service provider and the user become fiat.
25.1 Cybfed reserves the right to remove any Content and to temporarily or permanently block Users who violate these rules of conduct or in any way;
26.1 You are subject to all laws of the province, state and/or country in which you reside and from which you access the Platform, and you are solely responsible for complying with the laws of such jurisdiction. You agree that Cybfed and its affiliates cannot be held liable if applicable law restricts or prohibits your participation in or use of the Platform. Cybfed and its affiliates make no representations or warranties, implied or express, as to your legal right to use the Platform, the Services, or to participate in any Match or Competition offered through the Platform, nor any person affiliated or claiming affiliation with Cybfed and its affiliates are entitled to make any such representations or warranties.
26.2 Skill-based competitions or tournaments, such as eSports competitions or online gaming tournaments, that rely primarily on the skill and ability of the participants rather than chance or luck, are considered legal in Delaware. However, it is important to comply with applicable consumer protection laws such as advertising regulations and prize distribution requirements as described above.
27.1 Cybfed's failure at any time to enforce any provision of these Terms, or failure to require you at any time to comply with any of the provisions of these Terms, shall in no way be construed as a present or future waiver of rights. such provisions and shall in no way affect Cybfed's right thereafter to enforce each such provision. Cybfed's express waiver of any term, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such term, condition or requirement.
28.1 Any Services provided on the Platform are the sole responsibility of the respective Service Providers. Cybfed makes no representations or warranties regarding the use, results or results of any Services.
28.2 While Cybfed makes reasonable efforts to provide accurate and up-to-date information, Cybfed expressly disclaims any responsibility or liability for the accuracy, content, completeness, legality, reliability, performance or availability of information or materials displayed on the Platform. Cybfed assumes no responsibility for the deletion, inability to store, misdelivery or late delivery of any information or materials. Cybfed disclaims any liability or liability for any damages resulting from downloading or accessing any information or materials on the Internet through the Platform.
28.3 Without limiting the foregoing, Cybfed shall not be liable under any circumstances for any delay or disruption in operation caused directly or indirectly by acts of God, forces or causes beyond its reasonable control, including, but not limited to, Internet outages, computer failures, equipment, telecommunications equipment failures, other equipment failures, power outages, strikes, labor disputes, pandemics, civil unrest, labor or material shortages, fires, floods, hurricanes, explosions, government action, rulings by national or foreign courts or tribunals, non- performance of third parties.
28.4 Your use of the Platform is at your own risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Cybfed expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cybfed does not warrant that:
28.5 You understand and agree that you download or otherwise obtain materials or data through the Platform at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from the download of such materials. or data. Cybfed and its affiliates are not responsible for the content posted by Users, Organizers, third parties, the actions of any third parties, or for any damage or viruses that may infect a User's computer equipment or other property.
29.1 To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Cybfed and its directors, officers, employees, shareholders, suppliers, partners, contractors, agents, licensors or other representatives. each of them, and all of their successors and assigns, in respect of all claims, costs (including reasonable legal fees and costs), damages, liabilities, and expenses or liabilities of any kind arising out of or in connection with your misuse of the Platform or any other your violation of these Terms. Cybfed reserves the right to assume the exclusive defense and control of any claims evidencing indemnification,
31.1 We reserve the right to modify or supplement these Terms with future effect, in particular where required by mandatory laws and regulations. We will announce material changes at least thirty (30) days in advance by notice on the Platform.
32.1 If any part of the Terms is found to be invalid or unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.
32.2 You may not transfer or pledge your rights and obligations under these Terms, in whole or in part, to any third party, except with the prior written consent of Cybfed.
32.3 Section headings are inserted for convenience of reference only and do not affect the interpretation of these Terms.
33.1 Unless the parties agree otherwise, any notice, request, consent or other communication to be given by a party under these Terms (the “Notice”) must be in English or Swedish and shall be deemed valid and effective, if served on the other side by email to the address below:
If in Cybfed: firstname.lastname@example.org
If you: the email address provided in your user account
33.2 Any Notice or other communication shall be deemed to have been delivered one (1) day after posting, provided that the sending party does not receive an automatically generated message stating that the email cannot be delivered to the receiving party.
33.3 If a Notice is given or deemed to have been given on or on a day that is not a business day, it shall be deemed to have been given on the next business day, business day in this context meaning any such day. as commercial banks are open for business in the US.