Terms of use

CHALLENGEME.GG
TERMS OF USE

  1. Introduction; Agreement to Terms of Use.

    1. Challengeme Esports GmbH, Alexanderstrasse 9, 10178 Berlin, Germany ("CMES", "we", "us", or "our") is the owner of the website located at the URL www.challengeme.gg (the "Website") and provides the services, software applications, and networks that allow for playing video games for fun (this includes playing for high scores, virtual currency, items, etc.) and the authorized streaming of video game content over the Internet (the "CMGG Platform"). The CMGG Platform is provided to you subject to these terms of use ("Terms of Use"). Other services offered by CMES may be subject to separate terms of use.
  2. About the CMGG Platform

    1. Overview. The CMGG Platform is an online social Esports platform through which users can setup games with others and play for high scores, virtual currency or items and view (including VOD and live streaming services) and interact with video game programming. The CMGG Platform hosts live gaming competitions and tournaments, and is a place for users to connect, view and comment on their favorite games, as well as to get in touch with other players.
    2. Content. The CMGG Platform offers three separate and distinct types of services depending on the source of relevant content. First, CMES may, from time to time, license and make available to its users certain multimedia content, such as live or recorded audio and video of gaming tournaments and game tutorials ("Challengeme Content"). Second, subject to Sections 8 and 9 of these Terms of Use, certain registered users may upload and distribute authorized digital content via the CMGG Platform, including videos and live-streaming gaming ("Broadcaster Content"). Third, subject to Sections 8 and 9 of these Terms of Use, users who have registered accounts with the CMGG Platform may create, post, or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the CMGG Platform ("User Content", together with Challengeme Content and Broadcaster Content, "Content").
  3. Privacy Policy

    1. The CMES Privacy Policy, which is available on our Website, governs any information you submit via the CMGG Platform. All other policies posted on the Website are also incorporated into these Terms of Use by reference. Each reference to these Terms of Use herein includes reference to all other policies posted on the Website. You shall comply with these policies when accessing or using the CMGG Platform.
  4. Limited License

    1. License; Revocation. CMES grants you a limited, personal, nonexclusive, nontransferable, non-sublicensable, freely revocable license, subject to your continued compliance with these Terms of Use, to access and use the CMGG Platform and the Content for your personal use only. Any unauthorized use of the CMGG Platform or the Content or any breach of these Terms of Use shall automatically terminate this limited license, without prejudice to any other rights or remedies that CMES may have in law or equity.
    2. Legal Consequences. Your failure to comply with these Terms of Use may have legal consequences, which may include violating applicable laws, including copyright and trademark laws, and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Use, nothing herein shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles.
    3. Restriction. The CMGG Platform may not be retrievable worldwide. Whether the CMGG Platform can be retrieved fully or in a limited manner may depend on legal regulations and licensing requirements in particular countries. The description of the CMGG Platform may include more details about this situation.
  5. Account Registration; Passwords

    1. Registration. CMES may make certain services available to you that require you to register an account for the CMGG Platform. Registering an account for the CMGG Platform requires you to provide information about yourself. When you register an account, you shall provide true, accurate and complete information, and you shall update such information if it changes. If you do not provide true, accurate and complete information, CMES may, in its sole discretion, suspend or terminate your access to your account and the CMGG Platform. By registering for an account, you confirm that you have reached the age of majority in your jurisdiction of residence at the time when registering your account for the CMGG Platform and that you are of legal capacity. If you are a minor, then the legal guardian must provide consent. CMES is entitled to request at any time written proof of the user's legal age or the written consent of the legal guardian. As soon as a minor uses his/her account after he/she becomes of legal age, then all agreements in connection with him/her concluded before achieving legal age are deemed approved provided he/she does not revoke the approval toward CMES within two weeks upon reaching legal age. You can also link your Steam or other game platform or game account to your CMGG account. Furthermore, it may be required to link such accounts to your CMGG account in order to use the service with particular games.
    2. By sending his/her registration, the user sends an offer to conclude a user agreement with CMES (in these Terms of Use referred to as " User Application"). However, this does not conclude an agreement. The agreement is only concluded upon CMES's acceptance of the user application. CMES confirms access to the user application by sending an electronic mail to the e-mail address specified by the user. The confirmation of receipt is not an acceptance of the user application. The acceptance of the user application can be made in connection with the confirmation of access if expressly carried out that way. In addition, the acceptance can be expressly confirmed outside the confirmation of receipt or by the first deed of performance by CMES. There is no entitlement to the conclusion of an agreement to establish an account, to the participation in services or to the use of certain features.
    3. Privacy. Any personal information that you provide in connection with your account registration shall be used in accordance with our Privacy Policy.
    4. Passwords. You are responsible for maintaining the confidentiality of any password you create for the CMGG Platform. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify CMES via e-mail at security@challengeme.gg. If a third party uses an account after gaining possession of your password because you did not sufficiently secure your password from third party access, then you must allow being treated as if you had acted on your own.
    5. CMES offers its CMGG Platform only to consumers. It is prohibited to use the CMGG Platform for commercial purposes. Participation in the CMGG Platform is for entertainment purposes only.
    6. Only one CMGG account is allowed per user. The accounts may not be shared with others. Violation of this will result in all accounts belonging to this user being deleted.
  6. Matches & Playing

    1. By using the CMGG Platform you guarantee that you own a legally acquired copy of the game to be used on the CMGG Platform and that you fulfill any age restrictions for this game. You also guarantee that you fulfil all other requirements to legally play the game.
    2. CMGG Platform shall not be liable for any loss of information through software or hardware failures, in particular to any issues that arise due to faulty game software.
    3. All participants of a match acknowledge that the outcome of the match is based solely on the skill of the participating users and is as such considered a game of skill. Games of skill require players to exercise sound judgment, quickness, sense perceptions, decision-making and intellect. The outcome of skill competitions is thus determined by the player’s skill, and not chance or other fortuitous circumstances.
    4. All participants of a match will adhere to the CMGG Platform "Code of Conduct" and any rules set out within the match specific rules (Code of Conduct and match specific rules together hereinafter referred to as the "Rules").
    5. Any attempts to use software to cheat or gain an unfair advantage or otherwise defraud the service or break the Rules (together hereinafter "Cheating") will result in deletion of the account and may result in legal action. We reserve the right to require certain anti-cheating software to be installed on your computer.
    6. The match results will generally be verified by the CMGG Platform without need for further input. If there is any disagreement between the participants in the match or tournament as to the winner, we shall have the sole right to determine the winner in our reasonable discretion taking into account all information available to us.
    7. By accepting these Terms of Use and participating in a match or tournament, you agree that any determination of the winner pursuant Clause 6.6 shall be final and binding on the participants, unless one or more participants notify us within 1 minutes that they dispute the decision, and provide us with relevant counterevidence within 48 hours after they have been notified them of the decision.
    8. A dispute may be based on suspected Cheating, or bad connections to the server (or any other cases as defined in the Rules). Upon receipt of relevant counterevidence within the aforementioned time period, we may give the previously determined winner an opportunity to make representations and shall have the sole right to reconfirm or redetermine the winner in our reasonable discretion.
    9. Winnings from a match which has been disputed are not credited to the user's account until the dispute is resolved.
    10. Once you have accepted our determination of the winner, you lose your right to dispute it.
  7. Subscription & Fees.

    1. Certain features and services or Ad-supported Content on the CMGG Platform may be available to users for free. Alternatively, users may purchase access to additional features and services available on the CMGG Platform or physical merchandise for a fee. The fees we charge for access to certain features and services of the CMGG Platform are listed on the CMGG Platform "Support-us" page. We may change our fees from time to time by posting the changes on our Website. You should visit the Fees page from time to time to review the current fees.
    2. You will receive access to the additional features and services once the payment has been confirmed. The access to additional features and services can be revoked at CMGG’s own discretion in case of chargebacks or prohibited behaviour.
    3. CME will bear the shipping costs for sending physical merchandise to your place of residence. However, CME reserves the right to replace the initially announced prize with a substitute of the same or higher estimated value (e.g. an Amazon voucher), if sending you the initially announced physical merchandise will be impossible or economically unreasonable, e.g. because of national import restrictions, local taxes or other costs related specifically to your place of residence.
    4. If you participate in matches for Credits, you put Credits at stake. Credits are a virtual currency which can only be used on the CMGG Platform. Credits can be purchased on the CMGG Platform “Coin Exchange” page and are charged on the CMGG Wallet. The winning party will receive the prize for the match, i.e. the Credits put at stake less a deduction (the “Winnings”). This deduction is published on the CMGG Platform "Rules" page, and is a service fee for the maintenance, operation and continual development of the CMGG Platform. This fee can change without further notice.
    5. Your use of the CMGG Platform may be subject to separate agreements you may enter into with payment services providers (e.g. PayPal). CMES can offer certain payment service providers such as Skin Joker “Skins2Coins” or Offer Wallets as it deems appropriate. You agree to comply with all applicable third party terms of agreement when using the CMGG Platform. CMES is not a party to those agreements and has no responsibility for the products and services provided by third parties.
    6. CMES does not refund Credits, money, or other payment instruments except in exceptional cases like evidenced fraudulent activity by third parties (e.g. use of a stolen credit card). Any requests for refunds will be treated case by case and at the reasonable discretion of CMES. In all cases, requests should be submitted in writing with supporting documentation from e.g. the police.
    7. You can top-up and withdraw the balance on your CMGG Wallet. Each transaction may be subject to transaction fees depending on your chosen method of payment (e.g. PayPal, Credit Cards, etc.), your country of residence and currency. You will be informed about transaction fees prior to carrying out the transaction. Any minimum transaction limits for topping up the CMGG Wallet are communicated on the CMGG Platform "Payment" Page.
    8. The minimum amount for a withdrawal is 5.00 EUR. The maximum amount for withdrawal is 100.00 EUR. The service fee for withdrawal is 1.00 EUR per withdrawal. Each withdrawal has to be requested through the CMGG Platform and must be manually approved by CMES before any payments are made. CMES may require an age verification and/or an identity check before approving a withdrawal. Players can generally only withdraw to the credit card or PayPal account they charged up their account with.
    9. For security reasons and to prevent fraudulent or other illegal activity on the CMGG Platform, Players may be required to verify their identity and age in order to carry out withdrawals of money. In the event that such a verification cannot be completed successfully by the user, user will have to contact CMES to resolve the situation. CMES has the right to withhold withdrawals of money until the identity of the user can be confirmed.
      If a user's behavior or activity raise a strong suspicion of fraudulent or illegal activity, e.g. by repeatedly failed identity verifications or conclusive reports by other users, CMES has at its sole discretion the right to take appropriate actions against such a user, including further investigations and temporary or permanents bans or blocks of the user's account to prevent him from any further use of the CMGG Platform.
    10. In the case of an insolvency of CMES, any claim for re-change of Credits or reimbursement of the Credits' value may only be asserted after servicing of all other claims according to section 38 Insolvenzordnung (German Insolvency Code, InsO), but with priority over the servicing of all claims according to section 39 InsO.
    11. Outside of insolvency proceedings, the assertion of any claim for re-change of Credits or reimbursement of the Credits' value is excluded insofar and for as long as such claim would be a reason for the institution of insolvency proceedings over [CME]'s assets."
  8. Prohibited Activity

    1. Prohibited User Activity. By using the CMGG Platform, you agree not to violate any law, contract, intellectual property or other third-party rights or commit a tort, and that you are solely responsible for your conduct while using the CMGG Platform. You agree that you shall comply with these Terms of Use and shall not:
      1. use the CMGG Platform for any purposes except to access or view the Challengeme Content and Broadcaster Content, and to disseminate or receive original or appropriately licensed User Content;
      2. download (except for page caching) any portion of the CMGG Platform, the Content, or any information contained in them, except as expressly permitted by CMES;
      3. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Challengeme Content, the Broadcaster Content, or the licenses granted in these Terms of Use;
      4. post, upload, or distribute any defamatory, libelous, or inaccurate Broadcaster Content or User Content, or any Broadcaster Content or User Content that, in the reasonable judgment of CMES, is objectionable or which restricts or inhibits any other person from using or enjoying the CMGG Platform, or which may expose CMES or our users to any harm or liability;
      5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the CMGG Platform accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the CMGG Platform, or perform any other similar fraudulent activity;
      6. delete the copyright or other proprietary rights notices on the CMGG Platform or Content;
      7. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the CMGG Platform, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways, and other similar activities;
      8. harvest or collect the e-mail addresses or other contact information of other users from the CMGG Platform for the purpose of sending spam or other commercial messages, including but not limited to, through the use of any data mining, robots or similar data gathering or extraction methods;
      9. use the CMGG Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
      10. defame, harass, abuse, threaten, or defraud other users of the CMGG Platform, or collect, or attempt to collect, personal information about users or third parties without their consent;
      11. remove, circumvent, disable, damage or otherwise interfere with security-related features of the CMGG Platform or Content, features that prevent or restrict use or copying of any Content accessible through the CMGG Platform, or features that enforce limitations on the use of the CMGG Platform or Content;
      12. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the CMGG Platform or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence. The aforementioned restriction does not apply to the extent that decompiling has been permitted in accordance with Section 69e of the German Copyright Act (UrhG);
      13. modify, adapt, translate or create derivative works based upon the CMGG Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
      14. use any robot, spider, scraper, crawler or other automated means to access the CMGG Platform for any purpose or bypass any measures CMES may use to prevent or restrict access to the CMGG Platform;
      15. manipulate identifiers in order to disguise the origin of any Content transmitted through the CMGG Platform;
      16. interfere with or disrupt the CMGG Platform or servers or networks connected to the CMGG Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the CMGG Platform;
      17. use the CMGG Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the CMGG Platform, or that could damage, disable, overburden, or impair the functioning of the CMGG Platform in any manner, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
      18. use or attempt to use another user’s account without authorization from that user and CMES;
      19. attempt to circumvent any content-filtering techniques we employ, or attempt to access any service or area of the CMGG Platform that you are not authorized to access;
      20. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; or
      21. attempt any Cheating.
  9. Content and Restrictions

    1. User License to CMES. Unless otherwise agreed to in a written agreement between you and CMES, signed by an authorized representative of CMES:
      1. By posting, uploading, storing, creating, distributing, disseminating or otherwise publishing Broadcaster Content or User Content through the CMGG Platform, you hereby grant to CMES a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit your Broadcaster Content or User Content, in any form, format, media, or media channels now known or later developed or discovered. You grant CMES and our sublicensees the right to use the name that you submit in connection with that Broadcaster Content or User Content, if we or they choose.
      2. Except for Broadcaster Content already streamed, accessed, viewed, or otherwise downloaded by users, the foregoing license granted by you shall terminate, with respect to a specific piece of Broadcaster Content or User Content, once you remove or delete such Broadcaster Content or User Content from the CMGG Platform.
    2. User Representations and Warranties. You are solely responsible for your use of the CMGG Platform and you use it at your own risk. By posting, uploading, transmitting, distributing, storing, creating, or otherwise publishing Broadcaster Content or User Content through the CMGG Platform, you represent and warrant that:
      1. you own and control, or otherwise have all necessary legal rights to distribute and reproduce, all of the Broadcaster Content and User Content that you post using the CMGG Platform;
      2. your Broadcaster Content and User Content does not and will not infringe, violate, or misappropriate any third-party rights, including any copyrights, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights;
      3. your Broadcaster Content and User Content is not confidential and does not contain the private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
      4. your Broadcaster Content and User Content is not unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
      5. your Broadcaster Content and User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code;
      6. unless you have received prior written authorization, your Broadcaster Content and User Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of CMES or third parties; and
      7. your Broadcaster Content and User Content, and your use and posting of such Broadcaster Content and User Content in connection with the CMGG Platform, does not and will not violate these Terms of Use or any applicable law, rule or regulation in your jurisdiction of residence or elsewhere.
      CMES reserves all rights and remedies against any user who breaches these representations and warranties.
    3. Prevention of Unauthorized Use of Broadcaster Accounts. Unless expressly permitted in writing by CMES, you shall not sell, rent, lease, share, or provide access to your Broadcaster account to any third party, including, without limitation, charging any third party for access to administrative rights in your Broadcaster account. CMES reserves all available legal rights and remedies to prevent unauthorized use of the CMGG Platform, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider regarding such unauthorized use.
    4. Broadcasters Upload Content at Their Own Risk. CMES uses reasonable security measures in order to attempt to protect Broadcaster Content. CMES cannot guarantee, however, that there will be no unauthorized copying or distribution of Broadcaster Content, nor will CMES be liable for any copying or usage of Broadcaster Content not authorized by CMES. You hereby release and forever waive any claims you may have against CMES for any such unauthorized copying or usage of your Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY CMES HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
    5. Endorsements/Testimonials. You agree that your Broadcaster Content and User Content shall comply with applicable laws, especially against unfair competition. You, and not CMES, are solely responsible for any endorsements or testimonials you make regarding any product or service through the CMGG Platform.
    6. No Liability. CMES takes no responsibility and assumes no liability for any Broadcaster Content or User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is CMES liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the CMGG Platform is at your own risk. Enforcement of the Content or conduct rules set forth in these Terms of Use is solely at CMES’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the CMGG Platform will not contain any Content that is prohibited by such rules. As a provider of interactive services, CMES is not liable for any statements, representations or Broadcaster Content or User Content provided by our users in any public forum, personal home page, or elsewhere on the CMGG Platform. CMES does not endorse any Content or any opinion, recommendation or advice expressed therein, and CMES expressly disclaims any and all liability in connection with such Content.
    7. Removal of Content. Although CMES has no obligation to screen, edit or monitor any of the Broadcaster Content or User Content posted to the CMGG Platform, CMES reserves the right, and has absolute discretion, to remove, screen or edit any Broadcaster Content or User Content posted or stored on the CMGG Platform at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Broadcaster Content or User Content you post or store on the CMGG Platform at your sole cost and expense.
    8. Use of Content. CMES reserves the right to use any user generated content and publically accessible user information (like play statistics, ranks, won tournaments, etc.) for promotional purposes.
    9. Termination. Any use of the CMGG Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, suspension or termination of your right to use the CMGG Platform.
  10. Third-Party Content; Linking

    1. Any websites linked to the CMGG Platform are not necessarily under CMES’s control, and CMES is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. CMES reserves the right to terminate any link or linking program at any time. CMES has selected the links for your convenience only. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to the CMGG Platform, you do so entirely at your own risk. Any links to any portion of the CMGG Platform shall be the responsibility of the linking party, and CMES shall not be responsible for notification of any change in name or location of any information on the CMGG Platform.
  11. Intellectual Property

    1. CMES Retains Rights. CMES owns and operates the CMGG Platform. Except as expressly set forth herein, all intellectual property rights in the CMGG Platform and all material available therein, including, but not limited to, Content, text, graphics, logos, button icons, images, audio clips, data compilations, software, source code and object code, and the compilation, combination, look and feel or other works, concepts, inventions or other protectable aspects of the CMGG Platform, are the property of CMES or its licensors. CMES retains all copyrights in the individual pages, and their components and compilations, and collective works available through the CMGG Platform. You agree and acknowledge that no title to any software or any other aspect of the CMGG Platform shall pass to you under these Terms of Use.
    2. Copyright. The CMGG Platform is copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. Except as set forth in the limited license in Section 4 herein, or as required under applicable law, you shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the Content or any other portion or feature of the CMGG Platform, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the CMGG Platform or any portion thereof without our prior written consent.
    3. Trademark. Trademarks, including ChallengeMe, and CMES, are the property of CMES. All other names and trademarks are the property of their respective holders. These Terms of Use do not grant you a license to use any trademark, trade name, or logo of CMES, and you recognize that the trademarks, trade names, and logos of CMES represent valuable assets of CMES and that substantial recognition and goodwill are associated with such trademarks, trade names, and logos. You shall not use or permit any third party to use, at any time, CMES’s trademarks, trade names, or logos.
  12. Infringement Notices and Takedown.

    1. Notice to CMES. CMES prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any Content or other material contained on the CMGG Platform infringes your copyright or other intellectual property rights, you should notify us.
  13. Suspension and Termination of Users

    1. The agreements between the user and CMES (e.g. use agreement of the account) are concluded for an unspecified time unless otherwise agreed in writing.
    2. Both parties have the right to terminate the agreements by giving an advance notice of seven working days unless otherwise agreed in writing.
    3. CMES reserves the right to exercise its virtual domiciliary right at any time.
    4. The right of the parties to terminate the use agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, CMES can terminate this agreement for a significant reason, if
      1. the user violates culpably the laws, these Terms of Use, and/or any other CMGG Platform rules and the user continues to act in the same or similar manner despite warning letter;
      2. the user has not utilized his/her account for three months despite reminder;
    5. Termination effective immediately is permissible in case of serious violations without the need for any advance-warning letter.
    6. A serious violation is any violation which makes it unreasonable for CMES to keep to the agreement.
    7. In the following cases, it is unreasonable for CMES to maintain the agreement:
      1. if the user violates the criminal code;
      2. if the user uses the account or a CMGG Platform in an impermissible manner according to these Terms of Use;
      3. if the user provides false information during registration or during payment of chargeable services;
      4. if during the use of his/her account, the user realizes one of the termination reasons of these Terms of Use.
    8. If the user is responsible for the extraordinary termination, then the user is not permitted to create a new account if his/her account was blocked unless he/she has the express prior written permission of CMES. If CMES finds that this ban was violated, then CMES has the right to block this account or CMGG Platform registration permanently without prior announcement.
    9. CMES has the right to a special termination with regard to the user's registration, provided CMES loses authorization to operate the CMGG Platform, e.g. because of the termination of respective licensing agreements between CMES and the respective licensor. In this case, CMES can terminate effective at the time of termination of its licensing agreement all agreements in reference to the operation and use of the CMGG Platform (e.g. use agreement, agreement on the provision and use of channel subscriptions). Other rights to terminate shall remain unaffected thereby.
    10. Every termination must be in written form, whereby the written form is maintained by e-mail. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require specification of the termination reasons.
    11. CMES hast he right to temporarily suspend the user's account, or temporarily exclude the user from Cash Gaming, in case of suspcious behavior. Suspicious behaviour shall include, but is not limited to, ingame behaviour which, to CMES' reasonable believe, indicates that the user is Cheating. Suspicious behaviour shall include, but is not limited to, ingame behaviour which, to CMES' reasonable believe, indicates that the user is in breach of these Terms of Use, or Criminal Law. Such suspension or exclusion shall end in case the user has provided evidence to the contrary.
  14. No Access by Minors or Terminated Users

    1. The CMGG Platform is designed to provide video game streaming services for persons over the age of majority in their jurisdiction of residence. The CMGG Platform is not designed to attract minors, in particular children under the age of 13. CMES does not market to or knowingly collect information from anyone under the age of 13.
    2. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you shall use the CMGG Platform only under the supervision of a parent or legal guardian who shall be bound by these Terms of Use.
    3. By accessing, subscribing to, or otherwise using the CMGG Platform, you represent that you are at least 13 years of age and have not been previously suspended or removed from the CMGG Platform.
    4. The CMGG Platform is not available to any person previously suspended or removed from the CMGG Platform by CMES pursuant to Section 13 of these Terms of Use.
  15. Disclaimer of Warranties

    1. It is in the nature of the offered CMGG Platform that it is continuously advanced and updated. Changes can be the result of loading updates, which ensure and improve usability. By changing and advancing the CMGG Platform, CMES intends to provide users fun with the CMGG Platform for as long as possible. Therefore, CMES grants the user access to the CMGG Platform in its available form or version. Changes and advancements can affect system requirements and compatibility requirements. The user has no claim for maintaining or reconstruction of a specific condition of scope of services of the CMGG Platform. Any of the user's claims for deficiency, which refer to the technical usability of the CMGG Platform itself, shall remain unaffected thereby. Due to the continuous advancement of the CMGG Platform, CMES reserves the right to offer new features and/or to remove them from the offer, to change them or to provide them in the free base version. The user consents for CMES and its licensors to change the CMGG Platform and virtual currencies continuously and to add, delete, re-introduce and change features. In addition, the user consents for CMES and its licensors to be able and to change properties, functions, or capacities of every CMGG Platform element or the features at their own discretion (which can improve or reduce the effectiveness and function of features significantly, which can change their distribution or which can remove them entirely). If the user paid already for a future period for features and he/she can no longer use these for the above-referenced reasons or these are also provided for the free basic version, CMES will offer other features for the CMGG Platform and/or reimburse prorated the user for the amount according to the user's choice. In these cases, the user has the right to terminate the use agreement effective immediately. Further claims of the user are excluded in this context.
    2. CMES points out that the CMGG Platform is in accordance with the state of the art, but any absence of defects in the CMGG Platform cannot be guaranteed. For this reasons, the user must take into consideration that the CMGG Platform does not work flawlessly in each function. CMES tries its best to provide the CMGG Platform without glitches, which ensure complete functionality of the CMGG Platform. However, any minor software glitches in the CMGG Platform – as with any software – cannot be completely excluded. The user can only claim any damages for deficiencies in the CMGG Platform if functionality or use is seriously and lastingly impaired.
    3. The user knows that the CMGG Platform can be subject to technical limitations. This applies specifically to the maximum memory capacity or maximum size of data and the maximum number of news and publications.
    4. CMES is entitled to delete data and/or refuse storage of additional data if the technical limits are exceeded and in consideration of the provisions of these Terms of Use. CMES will notify the user prior to deleting the data.
    5. In exceptional cases such as within the framework of updates or error rectifications, it may be required to reset the CMGG Platform to an earlier status in order to prevent any greater damage (in these Terms of Use referred to as "Roll-back"). In this context, the CMGG Platform progress, CMGG Platform score, high scores and achievements/accomplishments, etc. is reset to a corresponding earlier status; any changes in the interim or any developments are lost. To the extent technically possible, CMES will restore any currency the user loses because of such rollback. Further claims of the user are excluded unless otherwise specified in these Terms of Use. CMES is entitled but not obliged to grant individual users a voluntary bonus e.g. in form of currency. It is at CMES's discretion to grant such a bonus and it does not oblige CMES to grant a bonus during future rollbacks to other users or the same users.
    6. CMES can offer the user for the purpose of testing participation in or use of the CMGG Platform, CMGG Platform elements, services and contents not ready to market (in these Terms of Use referred to as "Beta Test"). Beta tests can include programming errors – even serious ones – known or unknown to CMES. These may lead to the CMGG Platform or the user's device to crash. Within the framework of beta tests, CMES delete or add contents at any time among others to search for errors and to improve the CMGG Platform experience. Furthermore, it can reset CMGG Platform scores, install backups or create specific CMGG Platform scores. The user is not entitled to the restoration of a specific CMGG Platform status. CMES can extend, shorten any beta test in whole or in part at any time.
    7. The user will always document in a meaningful manner any defects occurring in the CMGG Platform and the user will specifically report these in writing logging the displayed error messages. Prior to reporting any error, the user should consult the CMGG Platform or service instructions and perhaps any other support for troubleshooting provided by CMES (particularly lists with frequently asked questions, discussion forums about problems). In any possible rectification of defects, the user will support CMES to the best of his/her abilities.
    8. Excluded from warranty are generally such errors, which occur through external influences such as operating errors by the user, force majeure or any modifications, not carried out by CMES or any other manipulation.
    9. CMES does not assume any guarantees in a legal sense.
  16. Limitation of Liability

    1. If CMES requires payment of a fee for the services, then CMES shall only have an unlimited liability for damages if it acted willfully and with gross negligence. In the event of any violation of significant contractual duties, CMES shall also be liable in the event of slight negligence. Significant contractual duties or so-called cardinal duties in accordance with the law are such duties, which only allow proper execution of the agreement and on the fulfilment of them the user can depend.
    2. To the extent CMES provides free services, CMES shall only be liable for damage compensation if it caused the damage by gross negligence or willfully.
    3. The replacement duty is always limited to the foreseeable damage in case of a violation of significant contractual duties.
    4. The typical foreseeable damage in accordance with the above-mentioned 17.3 shall be no more than EUR 50.00 per account.
    5. The above-mentioned liability limitations do not apply to the liability in the event of injury to life, body and health or in case CMES assumed a guarantee or in case of liability in accordance with the Product Liability Act. CMES's liability in accordance with Section § 44a of the German Telecommunication Act (TKG) shall remain unaffected thereby.
    6. CMES shall be liable for advice only if it concerns a problem with its CMGG Platform.
    7. A change of the burden of proof to the disadvantage of the user is not connected with the above-referenced regulations.
    8. On an annual average, CMES guarantees availability of 95% for the CMGG Platform. Exempt therefrom are periods, during which the server for the CMGG Platform cannot be reached because of technical or other problems beyond the influence of CMES (e.g. force majeure, culpability of third parties, etc.). The periods during which regular maintenance takes place are also exempt therefrom. CMES can limit access to the CMGG Platform, if required for the security of the network operation, the maintenance of the network integrity, particularly to avoid any serious malfunctions of the network, software or stored data; these periods are not considered in the calculation of availability. CMES's liability for non-availability of the server shall remain unaffected in the case of intent and gross negligence.
    9. The above-referenced indemnifications or limitations to liability apply also to the liability of employees, workers, staff members, representatives and agents of CMES, in particular to the benefit of shareholders, employees, representatives, company bodies and their members with regard to their personal liability.
  17. Indemnification

    1. You shall indemnify, defend and hold harmless CMES, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees and agents from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) asserted against, or suffered or incurred by, any of them arising out of or in connection with, or resulting from: (i) your use of the CMGG Platform and any Content; (ii) any breach by you of these Terms of Use; (iii) acts or omissions of you or any person or entity accessing your password; and (iv) any claim arising out of Broadcaster Content or User Content that you submit, stream, or upload to the CMGG Platform, or any part thereof, including, but not limited to, claims that such Broadcaster Content or User Content infringes any third party’s intellectual property or other rights or otherwise violates any applicable law, rule, or regulation.
    2. CMES reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with CMES’s defense of such claim.
  18. Release

    1. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
  19. Amendment and Modification

    1. CMES reserves the right to change or expand these Terms of Use at any time effective in the future provided it seems necessary and it does not affect the user adversely under the principle of equity and good faith. In particular, any changes in the legal environment may require a change of these Terms of Use. Moreover, any new court decisions constitute a change in the legal situation. Any changes and advancements of the CMGG Platform may necessitate a change or an amendment to these Terms of Use.
    2. Any change or amendment will be announced in a suitable manner at least six weeks prior to its effective date. In general, the information about the modification of the Terms of Use is announced by e-mail or on the CMGG Platform's website or on the CMGG Platform.
    3. The user has the right to object to any change or amendment within six weeks after the date of publication and possibility of acknowledgment. In case of a timely objection, both Parties are entitled to an extraordinary right to terminate the agreement in accordance with the termination provisions specified in this Agreement. Other rights to terminate shall be unaffected thereby. If the user does not object within the objection period or if the user continues to use the services, then the change or amendment is deemed accepted and becomes an integral element of the agreement.
    4. CMES will inform the user specifically of the changes in the Terms of Use and the possibility to object and cancel, of the deadline and the legal consequences, particularly the consequences of non-objection.
  20. Governing Law; Venue

    1. These Terms of Use shall be governed by and construed in accordance with the laws of Germany, without regard for its conflicts of laws principles. Any action, claim or proceeding arising out of or relating to the CMGG Platform or these Terms of Use must be brought in the appropriate court located in Berlin, Germany. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.
  21. General

    1. Entire Agreement. These Terms of Use, the Privacy Policy, and any other policies posted on the Website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
    2. Severability. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
    3. Waiver. Any failure to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use.
    4. Assignment. CMES may assign all rights and obligations of the agreement with you, including these Terms of Use, in whole or in part, in its sole discretion. You shall not assign or transfer these Terms of Use, or any rights or licenses granted hereunder, in whole or in part.
    5. Notice. CMES may deliver notice to you under these Terms of Use by means of e-mail, a general notice on the Website, or by written communication delivered by first class postage prepaid international mail to your address or contact information on record in CMES’s account information. You may give notice to CMES at any time via e-mail to support@challengeme.gg or by letter delivered by first class postage prepaid international mail or overnight carrier to the following address: Challengeme Esports GmbH, Alexanderstrasse 9, Berlin 10178, Germany.
      Should you initiate contact with CMES, you may be required to provide certain personally identifiable information about yourself. You shall provide true, accurate and complete information about yourself. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if CMES suspects that your information is untrue, inaccurate, or incomplete, then CMES may, in its reasonable discretion and according to the stipulations of these Terms of Use, suspend, terminate, or refuse your future access to the CMGG Platform.
    6. Headings. The Section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.
    7. Survival. The following Sections survive any termination of these Terms of Use: Subscriptions and Other Fees; Contact Us and Customer Service; Intellectual Property; Disclaimer of Warranties, Limitation of Liability; Indemnification; Release; Governing Law and Disputes; and General.

These Terms of Use were updated on: 4 November 2016