Effective Date: 01/02/2019
1. BINDING TERMS AND CONDITIONS
These Terms and Conditions apply to Reactiq (“we” or the “Company” or “Reactiq”) website and the services offered therein (the “Services”). This Policy was last updated on the "Effective Date" noted above. We reserves the right to modify this Policy at any time. It is our policy to post any changes we make to this Policy on this page and the changes will be effective upon our publication of the updated Policy except as described below. You are encouraged to review this Policy periodically and to check the "Effective Date" at the top of this Policy for the most recent version. By registering for an account at Reactiq website (the “Site”) you confirm your knowledge of and agreement to be bound by the then most current version of these T&C, which can be accessed from the Site. We may modify these T&C at any time, without advance notice. You are responsible for reviewing these T&C periodically for any modifications. Your continued use of the Site following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Service, including contest rules and eligibility. We will provide these terms to you or post them on the website pages to which they apply; they are incorporated by reference into these T&C. If there is a conflict between these T&C and any additional terms that apply to a particular Service, the additional terms will control. As set out in more detail below, we reserves the right to immediately suspend and/or close the account of any member who violates, or whom we reasonably believes may be or will be violating these terms and conditions or whose participation in PUBG’s site was blocked due to cheating or suspicion of cheating, at any time, without notice. Please note that if a member’s account is closed due to a violation of the T&C, we reserves the right to determine how the member’s account balance will be distributed. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect. No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
2. PARTICIPATION ELIGIBILITY
In order to register on the Site, an individual must:
• be a natural person, at least 18 years old, and who has had the email address submitted assigned to them as has been represented on the account registration form;
• be physically located in a Territory in which receiving the Site’s services and participating in the Site is unrestricted by law;
• at all times comply with these T&C.
By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and Conditions.
3. PROOF OF ELIGIBILITY
We may at any time require any member to provide proof of eligibility to participate in order to continue to allow such member access to the Site, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. In addition, each member may required to provide proper identification and proof of eligibility prior to receiving a prize. Failure to provide evidence of identification and/or eligibility satisfactory to Reactiq, in its sole and absolute discretion, shall result in the suspension and/or termination of the member’s account.
4. ACCURACY OF INFORMATION
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Reactiq, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account.
5. LOCAL LAWS
You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree Reactiq is not and cannot be held liable if laws applicable to you restrict or prohibit your participation. It is prohibited to access the Website from territories where its contents are illegal or unlawful. We reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
6. VIOLATION OF THE T&C AND ABUSE LIABILITY
Any member who displays behavior which may be interpreted as the use of unfair methods on the Site and/or PUBG’s Site, including any breach of these T&C or any breach or attempted breach of the security of your account or the Site (collectively, “Abuse”), shall be subject to immediate sanction (as determined by Reactiq in its sole discretion), up to and including account termination and blocking of Site access and legal action at the sole discretion of Reactiq.
8. PROMOTIONAL ACTIVITIES
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
10. WINNERS LIST
A preliminary list of winners will be posted on the Site immediately following each tournament performed on PUBG’s SITE, except in the case of tournaments with substantial (as determined by the Site in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential abuse. Final winners will be posted following completion of the applicable tournament.
11. DETERMINATION OF WINNERS
The results and winners of each tournament and competition offered on the Site will be determined by the Site in accordance with the official results of PUBG. Such determinations are final.
12. PRIZE REQUESTS
Members may request prizes they have been awarded at any time. Prizing processing will be suspended for security purposes when account fraud is suspected. If you are not contacted by customer support within 10 business days from the prize request, please contact customer support at email@example.com. Your prizes are awarded to you in their entirety, and all state and local taxes due in connection with any prizes awarded to you are your sole liability.
13. ACKNOWLEDGMENT OF PROPRIETARY RIGHTS
By registering for an account and/or participating in any tournament offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and Conditions and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in the Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.
14. USER CONDUCT
You understand that except for advertising programs offered by us on the Site the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another.
15. FORFEITURE AND ACCOUNT SUSPENSION/TERMINATION
We are committed to taking all necessary measures to prevent anything that gives a member an unfair advantage over another member. We reserve the right to take immediate action in the event that we believe a member is failing to observe the Code of Conduct, these T&C or any other terms or policies that govern the usage of the Site or Services. As described below, if you are found to be in violation with any of these terms and policies, we may suspend or revoke your account, or the funds in your Account, void your scores, seize funds in your Account to repay members who you have cheated against and/or commence legal proceedings against you. We may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong. We reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term of these T&C; (ii) you are participating in any attempt to defraud Reactiq or the Site through the use of Credit Cards or other methods of payment, regardless of the outcome;(iii) you have failed to honour legitimate charges or requests for payment, or you have ‘charged back’ or denied any of the payments on your account; (iv) you are participating in any attempt to cheat another member through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world. For breaches of the T&C (including the Code of Conduct) that are deemed by Reactiq, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their account suspended at the discretion of Reactiq. Repeat offenders will be deemed to be intentionally violating the T&C. If you are suspected of having violated the Rules of Conduct, We reserves the right to suspend your Account, including any access to the Site, or freeze the funds in your Account and any Account balance or withdrawals pending while an investigation shall occur.
16. ACCOUNT TERMINATION
We reserves the right to terminate your account or limit or prohibit your use of the Site’s Services. By registering for an account and/or use of the Site’s Services, you consent to allow Reactiq to access your account information to investigate complaints or other allegations of abuse. All won competitions (if any) may be voided at the sole discretion of Reactiq. Any person whose access has been suspended or terminated may not re-register for, or re-access, the Site without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the Site.
You are entitled to close your Account at any time by contacting Customer Support at firstname.lastname@example.org.
18. NO WAIVER IMPLIED
The failure of Reactiq to enforce at any time any of the provisions of these T&C, or the failure to require at any time performance by you of any of the provisions of these T&C, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Reactiq to enforce each and every such provision thereafter. The express waiver by Reactiq of any provision, condition or requirement of these T&C shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
19. DISCLAIMER OF WARRANTIES
While we uses reasonable efforts to include accurate and up-to-date information, WE specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Site. We disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Site. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning. THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. WE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BYLAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE. WE DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. WE DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
20. LIMITATION OF LIABILITY
YOU AGREE THAT REACTIQ WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REACTIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, REACTIQ IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF REACTIQ SHALL IN NO EVENT EXCEED US$100.00.
BY REGISTERING AND/OR PARTICIPATING IN ANY SERVICES OFFERED ON THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS REACTIQ, ITS SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU). REACTIQ RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT REACTIW’S PRIOR WRITTEN APPROVAL.
If any portion of the Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
23. REGISTRATION ELIGIBILITY
24. GOVERNING LAW AND DISPUTES
These terms and conditions shall be governed by and construed in accordance. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country. By registering for an account and/or participating in on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the courts, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By utilizing the Services and participating in Site activities, you certify that you meet the age and other eligibility requirements for that activity within the Site and the Services as set forth in the T&C. If you do not meet the age and other eligibility requirements, please discontinue using the Site and the Services immediately. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of Company.
25. STATUTE OF LIMITATIONS
26. ENTIRE AGREEMENT