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LEGAL GAMEFORT.INC – TORNEOS.GG

ORGANIZER TERMS AND CONDITIONS


Last updated: 4 of April, 2024.


1. Access and Use of Spaces

2. About the Spaces

3. Management of a Space

4. Administrative Roles within a Space

5. Monetization of Spaces

6. Rates and Earnings

7. Taxes and VAT

8. Compliance with Anti-Money Laundering Legislation

9. Subscriptions in a Space

10.  Operation of the Space and Responsibilities

11.  Space Wallet

12.  Compliance with Game Terms of Use

13.  Content Management in Blogs

14.  Ethical Use of Marketing Tools

15.  Content and Intellectual Property Rights

16.  Privacy Policy

17.  Local Laws and Jurisdiction

18.  Modifications to the Terms

19.  General Provisions




PLEASE READ THESE TERMS AND CONDITIONS OF USE FOR ORGANIZERS CAREFULLY. THIS IS A BINDING CONTRACT. GAMEFORT INC, a U.S. company (“Torneos.GG”, “we”, “Gamefort”) with an address at 16192 Coastal Hwy, Lewes, DE 19958-3608, provides a digital esports platform where players, Brands, Organizers, Influencers, and other participants and/or users can participate, powered by various technological tools available at http://torneos.gg and its network of websites, software applications, and any other products or services offered by Gamefort (the “Platform”, the “Site”).


The Platform provides its registered users the ability to create esports communities (“Spaces”). These Terms and Conditions of Use for Organizers (“Terms for Organizers”) govern the use of the Spaces functionality within the TorneosGG platform. Spaces are customized areas created by users or third-party organizers on TorneosGG, designed to host esports communities and competitions. By creating or managing a Space, you become an “Organizer” and/or “Organizers”, and these terms establish the guidelines and restrictions for that role.


The following Terms for Organizers are intended for the website http://torneos.gg and the use of the Torneos.GG services and its reflection on any platform owned by Gamefort INC.


By creating, registering, or using a Space, you as an Organizer AGREE to these Terms for Organizers and therefore AGREE to the existence of a legally binding contract between you and Gamefort regarding the use of the Platform's Services.


You acknowledge that you have read, understood, and agree to be bound by these Terms for Organizers. If you do not agree with these Terms for Organizers, do not create, access, use, or download any of the services provided by Gamefort.


The Terms and Conditions of Use for Organizers may be reviewed and modified by TORNEOS.GG, without any obligation to notify of the changes made. It is your responsibility as an Organizer to periodically review the Terms and Conditions of Use for Organizers on the website. TORNEOS.GG reserves the right to suspend access to this website for users who do not comply with these Terms and Conditions of Use for Organizers. The Organizer agrees to indemnify and/or defend and/or hold harmless TORNEOS.GG, its representatives, directors, employees, agents, suppliers, and affiliates from and against any loss, expense, damage, and cost, including reasonable attorney’s fees, arising from any violation by you of these Terms and Conditions of Use for Organizers.


  1. Access and Use of Spaces

As an Organizer, you are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the services provided by the TorneosGG Platform for the purpose of organizing and operating Spaces, subject to applicable fees and other payments specified in these terms. This license expressly excludes the right to use, reproduce, modify, display, distribute, publicly perform, or create derivative works from the services and materials, as well as to circumvent or manipulate any technological measures controlling access to them, either manually or automatically, for any unauthorized purpose. Unless expressly stated otherwise, all rights not expressly granted here are reserved for Gamefort INC.


This right is limited to the creation and management of Spaces and does not include any additional license with respect to the TorneosGG Platform, except as expressly indicated in these terms.


  1. About Spaces

Spaces on TorneosGG are dynamic management panels designed to help you create and manage your gaming community, with a unique name and URL. Organizers can offer users various benefits, including competitions, social experiences, gaming activities, products, and other esports-related services.


In turn, the Platform provides Organizers with different tools aimed at connecting them with their audience through gaming experiences; the ability to organize their own tournaments quickly and easily; and the means to link their events to strategies across multiple channels and expand their impact. These functionalities offered by the Platform are limited, and access to all tools will only be possible through the acquisition of plans.


All registered users on TorneosGG have the ability to create at least one or up to three Spaces on the Platform and become Organizers. Platform users have the opportunity to participate in and interact with the various activities, events, or competitions taking place in a Space.


Organizers can be registered users on the platform, communities, companies, corporations, or non-profit organizations, subject to the conditions set forth in these terms.


Detailed plans and information about Spaces can be found at: https://torneos.gg/organizers



  1. Managing a Space

The Platform grants the Organizer the freedom to manage, regulate, and oversee their Space. However, Space Organizers on the platform must ensure that the purpose and regulations of their Spaces are in line with the Platform’s guidelines and Terms and Conditions of Use, as well as applicable legislation. In case of discrepancies between the Owner’s rules and the Platform’s rules, the latter will prevail, and the platform reserves the right to intervene in a Space if it detects conflicts with its policies or terms, always acting in the best interest of the community.


The Platform allows Organizers to freely customize their Spaces, provided they adhere to the general Terms and Conditions of the Platform and applicable laws. However, any behavior, content, or service that deceives members, promotes spam, involves gambling activities, displays explicit sexual content, facilitates personal or sexual relationships, compromises the safety of minors, fosters harassment or defamation, or any other harmful content, will be considered a serious violation of the Organizer Policy and may result in the deletion of the Space and expulsion of each member of the Space from the Platform. This enforcement measure ensures a safe and respectful environment for all users.


  1. Administrative Roles within a Space

In addition to the rules and guidelines established for Spaces, the platform provides Organizers with the ability to internally structure their Space by creating specific roles, which can be assigned different administration and moderation permissions. These roles can be customized to fit the needs of the Space and subsequently assigned to members deemed appropriate by the Organizer. For a user to become a member of a Space, they must be either previously registered on the Platform or accept an invitation sent by the Organizer to join.


It is the Organizer’s responsibility to ensure that members assigned to specific roles within the Space adhere to the rules set by both the Space and the Platform’s Terms and Conditions of Use. The behavior of members within the Space directly reflects on the Organizer’s management, who must ensure compliance with the rules and maintenance of a respectful and safe environment. Serious or repeated violations of the rules by members may result in their expulsion from the Space or, in extreme cases, the complete removal of the Space.


In this context, it is essential for Organizers to actively promote a culture of respect and cordiality within their Spaces, clearly establishing expectations and consequences for inappropriate behavior. The Platform reserves the right to intervene in cases of significant violations of its Terms and Conditions of Use or applicable laws, always acting in the best interest of the community.


  1. Monetization of Spaces

5.1 Monetization Opportunities

The Platform provides Space Organizers with the opportunity to generate revenue through various monetization methods. To activate monetization and start generating income within a Space, the Owner must meet several criteria, including being of legal age, providing valid personal and payment information, and accepting that TorneosGG will issue invoices on their behalf for Services sold within the Space. Once these requirements are met, monetization features will be enabled. Initially, this feature is inactive and its activation is at the Platform’s discretion, as well as the possibility of revoking or suspending such monetization at any time.


5.2 Monetization Methods

Organizers may introduce a subscription system, offering exclusive benefits in exchange for a monthly payment. This system allows for a diversification of offerings, including priority access to tournaments, exclusive content, among others. Additionally, monetization can extend to organizing tournaments with paid entries, establishing virtual stores or marketplaces to sell products or services, and creating a virtual currency or token specific to the Space, thereby expanding income possibilities.


5.3 Tax Responsibilities and Obligations

It is important to note that all monetization activities will be subject to the Platform’s commission policies, and it is the Organizer’s responsibility to manage related tax aspects, including the payment of taxes and handling of VAT as applicable in their jurisdiction. The Platform acts solely as a facilitator of transactions and does not assume responsibility for subscriptions or benefits promised but not delivered by Organizers.


5.4 Cancellation and Refund Policy

Organizers must clearly establish their cancellation and refund policies, ensuring transparency and fairness for subscribed users. In the event of monetization cancellation by the Platform, whether due to breach of terms or other justified reasons, the Organizer will be responsible for managing active subscriptions and commitments made up to that point.


5.5 Disclaimer of Liability

The Platform is not responsible for transactions conducted within the Spaces, nor for the delivery or quality of goods or services offered. Any disputes related to subscriptions or benefits offered within a Space should be resolved directly between the Organizer and the affected user. The Platform reserves the right to intervene in cases of severe conflicts affecting the integrity and proper functioning of the community.


5.6 Revocation of Monetization Services

TorneosGG may revoke monetization services at any time if the Space Organizer fails to meet the established requirements or significantly breaches these Terms for Organizers.


  1. Fees and Earnings

TorneosGG is entitled to a 20% commission on all revenue generated from monetization services of a Space, including but not limited to paid subscriptions, one-time fees, and entry fees for competitions or tournaments offered by the Space, purchases made in the Marketplace, and other monetization services. This fee is automatically deducted from user purchases within the Space.


Earnings obtained by the Space Organizer will be visible in the Space's admin panel, under the Monetization section, menu: Order History. The Organizer is responsible for declaring and paying applicable taxes on these earnings according to the laws of their jurisdiction.


  1. Taxes and VAT

All prices on the Platform are displayed including VAT. VAT will be deducted from subscription prices, one-time fees, and services within the Space. Services within a Space are considered electronic services according to EU VAT rules.


It is the sole responsibility of the Space Owner and Members to declare and pay VAT, equivalent taxes, and any other applicable taxes according to the laws of their jurisdiction.


  1. Anti-Money Laundering Compliance

As a platform committed to financial integrity and security, TorneosGG operates in strict compliance with international and local laws and regulations aimed at preventing money laundering and terrorist financing. This responsibility leads us to implement a comprehensive monitoring and control system for all transactions occurring within our platform.


To ensure this level of security, TorneosGG applies advanced verification and monitoring procedures designed to identify transaction patterns that may indicate illicit practices. This includes, but is not limited to, continuous review of user accounts and Space activities, verification of user identities, especially those conducting high-value transactions or showing unusual behavior patterns, and implementing technological systems that facilitate the automatic detection of potentially suspicious activities.


In the event of detecting any indication of transaction or behavior that may be related to money laundering or the financing of terrorist activities, TorneosGG is committed to taking immediate action by conducting more in-depth internal investigations and, when necessary, contacting relevant authorities to report such activities. This reporting process is conducted confidentially and efficiently to ensure appropriate measures are taken without compromising user privacy or the integrity of our operations.


  1. Subscriptions in a Space

A user may freely pay for a Space Subscription and become a Subscriber. A user can unsubscribe from a Space at any time through the Space interface. Members who pay for a subscription can view and modify their subscriptions from their account settings.


Space Organizers may, at their discretion, offer access to specific benefits available only to paying Subscribers, providing them with additional advantages or value.


Space Organizers offering benefits are obligated to provide those benefits to eligible Members in a timely and reliable manner.


  1. Operation of the Space and Responsibilities

10.1 Availability and Security

The TorneosGG Platform is provided over the Internet, and its availability is subject to factors partially beyond TorneosGG's control. We are not responsible for technical malfunctions, service interruptions, or loss of information due to external factors.


10.2 Prohibitions and Appropriate Use

It is prohibited to use the Platform in ways that violate these Organizer Terms, the Terms and Conditions of Use, TorneosGG's policies, or applicable laws. This includes, but is not limited to, unauthorized alteration of the Platform, use of the Platform for fraudulent or illegal activities, and unauthorized access to the Platform.


10.3 TorneosGG Intervention

We reserve the right to partially or temporarily suspend or remove any Space and revoke the Owner’s and/or Members' access to the Platform if these Organizer Terms or TorneosGG's policies are violated.


  1. Space Wallet

The TorneosGG platform provides Organizers with a digital wallet specific to each Space, intended to manage income generated from activities such as subscriptions and paid tournaments. This wallet will hold all financial transactions related to the Space. If funds are allocated for tournament prizes, these will be frozen in the wallet until the event is completed, ensuring the availability of promised prizes. Organizers must complete a KYC verification process to fully enable the wallet functionality, ensuring secure transactions and compliance with current legislation.


  1. Compliance with Game Use Conditions

Organizers must ensure that all tournaments and activities within their Spaces comply with the policies and conditions set by game developers. This includes respecting copyright, content restrictions, and any other specific game guidelines to avoid infringements and potential penalties.


  1. Content Management in Blogs

The platform offers blogging functionalities within Spaces. If using these functionalities, it is crucial that Organizers actively moderate these spaces to ensure that all posts and comments comply with standards of respect, legality, and relevance. Clear rules should be established to prevent harassment, offensive content, and any form of inappropriate interaction.


  1. Ethical Use of Marketing Tools

Organizers must commit to using the marketing tools provided by the platform, including URL shorteners and promotional campaigns, in an ethical and responsible manner. Deceptive or abusive practices that may negatively affect the user experience or the reputation of the Spaces and the platform in general should be avoided.


  1. Content and Intellectual Property Rights

15.1 Content of the Space

The Organizer of the Space grants Torneos.GG and its affiliates, partners, and distributors a non-exclusive, worldwide, royalty-free, perpetual, and fully sublicensable license to use, distribute, edit, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works from any content distributed by their Space, in any form, medium, or technology, for the purpose of developing and commercializing the Platform. Consequently, the Organizer waives, to the fullest extent permitted under applicable law, any moral rights they may have over such Content.


15.2 Intellectual Property Rights

Ownership and all intellectual property rights related to the Platform and the content contained therein, except for the specific content of the Space, belong to TorneosGG or its licensors. The Space Owner is only entitled to the limited license specifically granted under these terms.


  1. Privacy Policy

The TorneosGG Privacy Policy describes how personal data provided or collected through the Platform is managed. This policy is available on our website and is an integral part of these terms.


  1. Local Laws and Jurisdiction

The Space Organizer and Members are subject to the laws of the jurisdiction from which they access and use the Platform. TorneosGG is not responsible if applicable law restricts or prohibits participation or use of the Platform. These terms are governed by the laws of the country in which TorneosGG operates, and any disputes related to these terms will be resolved in the competent courts of that country.


  1. Modifications to the Terms

TorneosGG reserves the right to modify these terms with future effect, especially when necessary due to mandatory laws and regulations.


  1. General Provisions

If any part of these terms is deemed invalid or unenforceable, it will not affect the validity and applicability of the remaining provisions. Section headings are included for convenience only and do not affect the interpretation of these terms.