About the CMGG Platform
- 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.
- 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.
Account Registration; Passwords
- 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.
- 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 [email protected]. 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.
- 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.
- 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 banned.
Matches & Playing
- 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.
- 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.
- 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.
- 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").
- 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 banning the acccout and may result in legal action. We reserve the right to require certain anti-cheating software to be installed on your computer.
- 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, ladder 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.
- A dispute may be based on suspected Cheating, exploitation 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.
- Winnings from a match which has been disputed are not credited to the user's account until the dispute is resolved.
- Once you have accepted our determination of the winner, you lose your right to dispute it.
Subscription & Fees.
- 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. Fees are payable with UnikoinGold (“UKG”), unless otherwise specified. This will require a Unikrn wallet. UKG is not a service of CME, and the Unikrn wallet is not opened through, or operated by, CME, but by Unikrn Bermuda Ltd.. UKG is not a currency. Its value can change over time. CME strongly recommends you make yourselves familiar with the nature of UKG before acquiring it.
- 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.
- 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.
- You can only participate in matches for UKG when you have a rank on CME.GG. If you participate in matches for UKG, you put UKG at stake. The winning party will receive the prize for the match, i.e. the UKG 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.
- Your use of the CMGG Platform may be subject to separate agreements you may enter into with providers of services related to UKG. 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 UKG, or any of the products and services provided by third parties related thereto.
- CMES does not refund UKG, money, or other payment instruments except in exceptional cases. 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.
- You can transfer UKG on your CME.GG Wallet to the Unikrn wallet and vice-versa. Each transaction may be subject to transaction fees. You will be informed about transaction fees prior to carrying out the transaction. Any minimum and maximum transaction limits involving the CME.GG Wallet are communicated on the CME.GG Platform "Transfer" Page.
- 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.
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
- 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;
- 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;
- 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;
- 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;
- delete the copyright or other proprietary rights notices on the CMGG Platform or Content;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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);
- 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;
- 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;
- manipulate identifiers in order to disguise the origin of any Content transmitted through the CME.GG Platform. This includes but is not limited to the use of proxies;
- 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;
- 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;
- use or attempt to use another user’s account without authorization from that user and CMES;
- 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;
- 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
- attempt any Cheating or exploitation.
Content and Restrictions
User License to CMES. Unless otherwise agreed to in a written agreement between you and
CMES, signed by an authorized representative of CMES:
- 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.
- 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.
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:
- 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;
- 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;
- 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;
- 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;
- your Broadcaster Content and User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code;
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- User License to CMES. Unless otherwise agreed to in a written agreement between you and CMES, signed by an authorized representative of CMES:
Third-Party Content; Linking
- 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.
- 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.
Infringement Notices and Takedown.
- 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.
Suspension and Termination of Users
- 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.
- Both parties have the right to terminate the agreements by giving an advance notice of seven working days unless otherwise agreed in writing.
- CMES reserves the right to exercise its virtual domiciliary right at any time.
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
- the user has not utilized his/her account for three months despite reminder;
- Termination effective immediately is permissible in case of serious violations without the need for any advance-warning letter.
- A serious violation is any violation which makes it unreasonable for CMES to keep to the agreement.
In the following cases, it is unreasonable for CMES to maintain the agreement:
- if the user violates the criminal code;
- if the user provides false information during registration or during payment of chargeable services;
- 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.
- 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.
- 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.
No Access by Minors or Terminated Users
- 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.
- 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.
Disclaimer of Warranties
- 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.
- 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.
- 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.
- 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.
- 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.
- CMES does not assume any guarantees in a legal sense.
Limitation of Liability
- 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.
- 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.
- The replacement duty is always limited to the foreseeable damage in case of a violation of significant contractual duties.
- The typical foreseeable damage in accordance with the above-mentioned 17.3 shall be no more than EUR 50.00 per account.
- 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.
- CMES shall be liable for advice only if it concerns a problem with its CMGG Platform.
- A change of the burden of proof to the disadvantage of the user is not connected with the above-referenced regulations.
- 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.
- 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.
- 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.
- 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.
Amendment and Modification
- 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.
Governing Law; Venue
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 [email protected] 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.
- Disciplinary Measures. CME employees are responsible for keeping a fair and healthy environment in the platform. If CME finds any evidence that a user is behaving against it, CME has the right to take disciplinary measures at its reasonable discretion (i.e. suspend, terminate, or refuse your future access to the CME.GG Platform)