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Submission: On September 11 via manual from US — Scanned from NL
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RCombat
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Make 5 kills in Combat
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10х10 Combat Pass
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Cornered
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TeamLions
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Winrate: 50%
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GiaoAndTeam
Winrate: 52.94%
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LimboAndTeam
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OSPI
Winrate: 60%
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Sempiternal
Winrate: 40%
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Spartans
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Unknows
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JParticipation agreement and terms of service:
Last updated: Jun, 13th, 2021
TERMS AND CONDITIONS FOR USE OF THIS APPLICATION AND/OR WEBSITE Date Last
Modified: 06/13/2019 Thank you for reviewing these Terms and Conditions of Use
(the “Terms” or “Agreement”). RCombat Technologies, Inc. (“RCombat” “We” “Us” or
“Our”) operates the website, its desktop and mobile application, and other
services (collectively referred to herein as the “Services”) available for your
(“User” “You” “Your” or “Yourself”) use subject to this Agreement. Any
references to this Agreement include these Terms, the Official Rules,
Regulations and Scoring of the applicable Contest or Promotion (“Contest Rules”)
which will be available for each Contest or Promotion, and the Privacy Policy.
To the extent that there is any inconsistency between these Terms, the Contest
Rules, the Privacy Policy, and the End User License Agreement these Terms shall
prevail. Please read this Agreement carefully before accessing the Services.
ACCEPTANCE OF TERMS By creating a RCombat User account (“Account”), or
participating in any Services, including, without limitation, participating in
esports contests or Combat (each a “Contest”), Users: (i) acknowledge that they
have read and agree to be bound to and abide by these Terms; (ii) accept and
agree to all obligations, rules and scoring systems for each Contest in which
they participate; and (iii) represent and warrant that they are authorized and
able to accept these Terms. If a User does not wish to be bound by the Terms,
the User must not access the Site or participate in the Services. By declining
to accept these Terms, the User will be unable to create an Account or
participate in the Services. RCombat reserves the right to change these Terms at
any time without prior notice to You, and any amended Terms are effective upon
posting. If We make what We determine to be material changes to these Terms, We
will update the “Date Last Modified” and will notify You via the Site. Your
continued use of the Services following such material changes constitutes Your
consent to the changes. If You do not agree to the changes, Your sole remedy is
to cease using the Services. It is Your responsibility to periodically check and
review these Terms for changes. In addition to these Terms, additional terms and
conditions may govern various promotional offers, offered to You from time to
time. Such promotional offers are governed by their corresponding Promotional
Terms and Conditions. SOCIAL NETWORKING DISCLAIMER Video content may be streamed
through, and the Services may be accessible through or provide links to third
party social networking sites and applications, including, without limitation,
Discord, Facebook, Twitch, Twitter, Instagram, TikTok, and YouTube. As a
condition of participating in the Services, Users acknowledge and agree that
such third parties do not sponsor, endorse, administer, and are in no way
associated with, the Services. All questions regarding the Services must be
directed to RCombat. Users further acknowledge and agree that as a condition of
participating in the Services, Users shall release Discord Inc., Facebook, Inc.,
Twitch Interactive, Inc., Twitter Inc., YouTube, Inc., and any other third party
social networking sites accessible through the Services from any and all
liability arising out of Users’ participation in such Services. The integration
of third party social networking sites and applications is provided solely as a
convenience to Users and Users access and use them entirely at their own risk
and subject to such third parties’ terms and conditions. ELIGIBILITY/PROHIBITED
JURISDICTIONS 3.1. Eligibility To be eligible to create an Account and become a
registered User, You must, at the time of registration: (1) be at least eighteen
(18) years of age or the age of majority in Your Jurisdiction of residence,
whichever is greater, at the time of Account creation (please note You must be
at least nineteen (19) years of age at time if You are a legal resident of
Alabama or Nebraska or twenty-one (21) years of age if You are a legal resident
of Massachusetts); (2) be physically located in your respective jurisdiction
(“Jurisdiction”) in which participation in the contests is not prohibited; (3)
not be a person barred from participating in the Contests under the laws of the
United States of America; and (4) at all times abide by these Terms. We reserve
the right to deny access to the Services to anyone at Our sole discretion.
Depending on a User’s Jurisdiction, some functionalities of the Services,
including the ability to purchase virtual currency (“xCredits”) and the ability
to enter into Premium Contests where xCredits are required (an “Entry Fee” or
“Entry Ticket”) either organized by us or respective tournament organizers may
be limited, as set forth in the Eligibility/Prohibited Jurisdictions section.
Employees, officers, directors, investors, agents, and representatives of
RCombat or any of its parents, subsidiaries or affiliates, and each of their
respective immediate family and household members are NOT eligible to win cash
prizes in public Contests hosted on the Services unless they have written
consent from RCombat, “Immediate Family Members” shall mean parents,
step-parents, grandparents, legal guardians, children, step-children, siblings,
step-siblings, spouses, or in-laws. “Household Members” shall mean those people
who share the same residence at least three (3) months a year. Such persons may,
however, use the Services, and will from time to time do so for the purpose of
testing the Services, evaluating User experience and Contests, socializing and
competing with customers to build community, and other reasonable and fair uses
at the sole discretion of RCombat. If such persons are deemed to be winners of
any public Contests hosted on the Services, any cash prizes won will be
forfeited and awarded to the next highest placing participant that is eligible
to win a prize. Such persons, may participate in the following Contests hosted
on the Services: RCombat-sponsored Private Contests for non-cash prizes. RCombat
employees and Immediate Family Members living in the same household as such
employees are prohibited from competing in any esports contests offered by any
esports contest operator in which the operator offers a anycash prize. RCombat
gameplay consultants or promoters of the Services may play in the Contests
without such limitation, but only if: (i) their arrangement with RCombat does
not permit them to have any access to non-public Services data or any other data
not made available to all Users on the Services that may impact Contest outcome;
and (ii) they do not receive any other unfair advantages in their play in the
Contests. By accessing or using the Services, You represent and warrant that You
have the right, authority and capacity to enter into this Agreement, to abide by
all of these Terms, and that You are not prohibited from accessing and using the
Services. RCombat makes no representations or warranties, implicit or explicit,
as to Your legal right to participate in the Services nor shall any person
affiliated, or claiming affiliation, with RCombat have authority to make any
such representations or warranties. We do not intend for the Services or any
offerings made available thereon to be used by persons present in Jurisdictions
in which participation may be prohibited or restricted. You agree that the
availability of the Services does not constitute an offer, solicitation or
invitation by Us for the use of the Services in any Jurisdiction in which such
activities are prohibited or restricted. If You do not meet the eligibility
requirements of this section, then You are not authorized to use the Services.
RCombat reserves the right to verify Your age, identity, location and
eligibility at any time. This includes requesting that You fill out an affidavit
of eligibility. Any failure to cooperate with RCombat in this respect may result
in the suspension and/or termination of Your Account. To the extent RCombat
requests that You fill out such an affidavit, or similar request, and You fail
to do so within seven (7) days, or RCombat otherwise determines that You do not
meet the eligibility requirements of this section, in addition to any rights
that RCombat may have in law or equity, RCombat reserves the right to terminate
Your Account and withhold or revoke the awarding of any prizes associated with
such Account. In such a situation, RCombat will pay any withheld or revoked
prizes to the other entrants in the relevant Contests in a manner consistent
with an applicable Prize Table List of the Contest, to be precisely determined
by RCombat in its sole discretion. USER ACCOUNTS 4.1. Registration Information
To create an Account, go to the Site, click on the ‘Sign Up’ button, and
complete the registration process. To create an Account, You will be required to
(a) submit Your email address and other details as requested including, but not
limited to, Your country and state, and date of birth, and (b) select a unique
display name for Users. Alternatively, You may also register with Your Discord,
Facebook, or Google account.The display name must not be offensive, be selected
to deceive or misinform other Users, and may not offend common decency or
infringe upon the rights of third parties. If RCombat receives information that
a display name is illegal or in breach of these Terms, the display name can be
amended by RCombat without prior notice. For security reasons, passwords must
differ from display names and may be changed whenever You deem necessary. A
secure password must contain a combination of at least eight (8) numbers,
letters and special characters. For security reasons Users should consider
changing their password periodically. RCombat will not ask You to reveal Your
password, or initiate contact with You asking for answers to Your password
security questions. You agree to (a) provide true, accurate, current and
complete information about Yourself (the “Registration Data”) as prompted by the
registration form and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete by sending an email to the Customer
Support Team, with the subject heading “Update Registration Data,” requested
change(s) to the existing Registration Data, and reason(s) for the requested
change(s). Any information collected by RCombat will be held subject to
RCombat’s Privacy Policy and “just-in-time” notices, if any, provided at the
point of information collection or use. If You provide any information that is
untrue, inaccurate, not current or incomplete, or RCombat has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, RCombat reserves the right to suspend or terminate Your Account
immediately and refuse any and all current or future use of the Services (or any
portion thereof). RCombat shall not be held liable for untrue, inaccurate, not
current or incomplete information provided by You, including, but not limited
to, data input error. RCombat also reserves the right to request proof of age
documentation from any User at any time. RCombat reserves the right, in Our sole
discretion, to refuse to register Your Account, or suspend and/or terminate Your
Account at any time and/or refuse Your entry into any Contest, in respect of or
in connection with Your use of the Services. RCombat shall not be obligated to
provide You with reasons for such actions and shall not be liable to You in any
way for any loss or damages that may result from such actions. Subject to the
fulfillment of any outstanding commitments under these Terms, RCombat reserves
the right to terminate Your use of the Services at any time. 4.2. Identity
Verification Upon registration to the Services, You agree that we may disclose
your Personal Information, including, but not limited to, your full legal name,
residential address, and date of birth, to a third party verification service to
verify your identity. This verification process may include checking Your
Personal Information against third party databases. If Your Account is not
successfully verified by third party verification providers, you agree to
provide us, upon our request, documentation that confirms your identity. You
agree that we may use your Personal Information to conduct anti-fraud checks,
and that your Personal Information may be disclosed by us to a credit agency or
fraud prevention agency which may keep record of such information. You further
agree that in addition to the aforementioned verification processes, We may
confirm Your identity by using public information databases. 4.3. Secrecy
Obligation You agree to keep Your password secure and confidential. You are
solely responsible for all usage or activity on Your Account including, but not
limited to, use of the Account by any person who uses Your login information,
with or without authorization, or who has access to any computer or device on
which Your Account is accessible. In the event that You are concerned that Your
password is no longer secure and confidential, You should immediately change
Your password within the Services and notify RCombat by sending an email to the
Customer Support Team via, with the subject heading “Password Security.” Without
limiting the foregoing, any transactions made and accepted within the Services
where Your login information has been used will be treated as valid. For
security reasons, We may perform random security checks on Your Account to
confirm Your eligibility. In the event of a security check, We may require
additional documentation and You agree to fully cooperate with Us in respect of
such requirements. We reserve the right to suspend or terminate Your
registration and/or Account and/or withhold payment to You if We do not receive
the requested documentation. 4.4. One Account Only one (1) Account is allowed
per person. In the event that RCombat determines that You have registered more
than one (1) Account, then You acknowledge and agree that, in addition to any
other rights that RCombat may have, RCombat has the right to suspend or
terminate Your Account(s), refuse any and all current or future use of the
Services, void any Contest entries, and withhold or revoke the awarding of any
prizes. 4.5. No Transfer Your Account is not transferable. Under no
circumstances shall You allow or permit any other person or third party,
including, without limitation, any person under the legal age to participate in
the Services, and in no event any person under the age of thirteen (13), to use
or re-use Your Account in such a way that may breach the standards or laws in
any Jurisdiction where You are located and/or are a resident, or where such
other person is located and/or is a resident. You accept full responsibility for
all communications made from Your Account, including any communications made
from Your Account as a result of someone else using Your Account, either with or
without Your knowledge, and You shall be bound by such use as if it were Your
own use, and You shall fully indemnify RCombat in respect of any failure by such
third party to fulfill any commitments made by such use. You accept full
responsibility for any unauthorized use of the Services and for any use of Your
credit card, banking details, or other payment instrument by any other person or
third party in connection with Your Account. Any person found to have violated
this section may be reported to the relevant authorities and will forfeit all
funds in their Account. RCombat will not be liable for any loss that You may
incur as a result of someone else using Your Account, either with or without
Your knowledge. You will be liable for losses incurred due to someone else using
Your Account. 4.5. Equipment Obligation You must provide all equipment and
software necessary to connect to the Site, including, but not limited to, a
computer or Mobile Device (defined below) that is suitable to connect with and
use the Site. You are responsible for any fees, including, but not limited to,
Internet connection or data usage fees that You incur when accessing the Site.
RCombat will not be responsible for any damage to any computer, computer
equipment, Mobile Device, software, data or other property, or loss of data from
Mobile Devices on which the data is installed,. 4.6. Steam Account, Software and
Links To participate in Contests, from Your User Account You must connect to
Your registered account with Steam (“Steam Account”). If You do not have a Steam
Account, You may create an account for free by completing the registration
process at https://store.steampowered.com/join/. Additionally, to participate in
Contests, Your Steam Account Profile must be set to public. You should
familiarize Yourself with the terms and conditions of use and privacy policy
associated with Your Steam Account. RCombat is not affiliated with Steam, which
is operated by Valve Corporation and is not responsible for the terms and
conditions of use, privacy policy, or the collection, use, or disclosure of any
information that it may collect. When using the Services, it also may be
necessary for Us to provide You with Our own software and/or that provided by
third parties (“Software”)., and Valve Corporation. You may be required to enter
into end user terms and conditions of use in respect of such Software in order
to make use of such Software. The terms upon which You may download and use any
such Software will be made available to You at the time of download and must be
accepted by You prior to Your use of such Software. You should familiarize
Yourself with the applicable end user terms and conditions of use. RCombat is
not responsible for the end user terms and conditions of use, privacy policies,
or the collection, use, or disclosure of any information such third parties may
collect through their Software. By using the Services You accept full
responsibility for all Internet connection fees, together with all equipment
servicing or repair costs necessary to allow You access to the Services. STEAM
ACCOUNT 4.7. To play on our site, your account must meet the requirements
specified in the following paragraphs: 4.7.1. The account should not have
restrictions. To remove restrictions, Steam requires to replenish your account
for $5 or make a purchase of game content for the specified amount. 4.7.2. Your
account should not have any bans, including bans in the Steam community, trade
ban, community ban and hidden ban. The exception is VAC BAN, if it is present at
a game that is not present in our service or in Combat of which you are not
going to take part. 4.7.3. Your account must be active, have hours for the last
two weeks spent in the games that are used on our website, and also have a
minimum playing hours. For more information, contact the support service of our
service or the captain of your team, as these figures may change. 4.7.4. Access
to linking Steam account to your profile on the site may be limited due to
violation of the rules of our service. If you think that the block was issued
incorrectly, contact the support service of our service. 4.7.5. Accounts with
established Family View are not subject to binding. To link such an account, you
need to go into the Steam profile settings and disable the Family View. 4.7.6.
The service has a system to reduce the load on the tournament server. In order
to correctly link your Steam account to the profile on the site, the CS: GO and
DOTA 2 items must not be present in your account inventory. Since Steam has a
system, which blocks the trade for items for a certain period of time, (new
users) our service allows you to send an trade (to a friend, to your other
account or site) without accepting it from the other side. After a successful
binding, it is allowed to cancel the trade, in order to avoid the trade of items
and their subsequent trade ban. After participating in 5 online Combat, you will
need to, without fail, empty your inventory to participate in further Combat or
attach a new account. 4.7.8. If your account meets all the above requirements,
but the Steam account is not linked to your profile on the site, you need to
change the password for the Steam account, go to
https://steamcommunity.com/dev/apikey and untie the Steam web API key, after
that go to the Steam profile section "About account", in the Steam Guard
settings and click the "Exit from all devices" button, after completing the
steps specified in the instructions, try trying to link the Steam account to the
account on our service, again. ESPORTS CONTESTS 5.1. esports Contests There are
a number of Contests made available in which you may participate. We or our
partnered 3rd Party Tournament Organizers reserve the right to modify or cancel
Contest(s) at any time without notice to You. We reserve the right, in our sole
discretion, to move entrants from the Contests they have entered to
substantially similar Contests. All Contests offered in the Services are
designed as contests of skill. Winning a Contest is determined by Your ability
to use Your skill and knowledge of the game to beat Your opponent. Rules may
differ from Contest to Contest. Each of Our Contests are governed by specific
Rules, as may be modified from time to time, which are presented upon entry into
the Contest, and are incorporated into these Terms by this reference. You may
review Contest information specific to the Contest by clicking on the ‘Contest
Info’ button of the applicable Contest page. Various promotional offers may be
offered to You from time to time and are subject to additional terms and
conditions which are set forth under the Promotional Terms and Conditions and
are incorporated into these Terms by this reference. You have the responsibility
to review the Contest Rules and Promotional Terms and Conditions prior to
participating in any Contest, and to review the Contest Rules and Promotional
Terms and Conditions regularly for any changes. You agree to abide by the
then-current rules for the Contest(s) in which You participate. Your failure to
follow the then-current rules for the Contest(s) in which You participate will
result in Your immediate and automatic forfeiture of the Contest(s), and We
reserve the right to immediately suspend or terminate Your access to the
Services. 5.2. Entry Fees and Payment RCombat and its partnered 3rd Party
Tournament Organizing Companies may offer esports Contests that will require an
Entry Fee, which will be listed in xCredits (a virtual currency sold by RCombat
and its licensed partners, including but not limited to Xsolla Inc., that is
non-transferable, non-withdrawable and non-refundable). All premium Combat, in
the event of a cash prize pool, are all administered by respective third party
Tournament Organizers. RCombat does NOT offer any cash payouts for any contests
on the platform. The Entry Fee may vary from Contest to Contest. It is Your
responsibility to know and understand the Rules and required Entry Fees for any
given Contest. Upon entering a Contest, the Entry Fee will be deducted from
xCredits balance in Your Account. You may review charges relating to Your
Account by viewing the Statements within Your Account. In the event of a dispute
regarding the identity of the person submitting an entry into a Contest, the
entry will be deemed submitted by the person in whose display name the entry was
submitted, or if possession of the display name itself is contested, the name of
the Authorized Account Holder. “Authorized Account Holder” is defined as the
natural person who is the age of majority in his or her Jurisdiction of
residence and who is assigned to an email address by an Internet access
provider, online service provider, or other organization (e.g., business,
education institution, etc.) that is responsible for assigning email addresses
for the domain associated with the submitted email address for registration with
the Services. By inputting a payment method to purchase xCredits and participate
in RCombat Contests, the Authorized Account Holder hereby affirms that the
Authorized Account Holder is the lawful owner of the payment method account used
to make any deposit(s). It shall be a violation of these Terms for any
Authorized Account Holder to submit payment using any payment method that is not
owned by the Authorized Account Holder. You accept full responsibility of any
Contests entered into by Your Account and acknowledge that You have not relied
on any statement, representation or advice from Us in deciding whether to enter
into a Contest. You also acknowledge that by using the Services and entering
into Contests with Entry Fees, You may lose such Entry Fees and this will
preclude You from issuing a chargeback on any non-fraudulent transaction. Any
participation in which Entry Fees will be paid is at Your sole discretion and
risk. By entering into a Contest, You warrant that You do not know the outcome
of the subject matter of the Contest. RCombat and its partnered 3rd party
Tournament Organizers (“We”) reserve the right, in Our sole discretion, to deny
any User the ability to participate in any Contests for any reason whatsoever.
Further, We reserve the right to declare as void a Contest or Your entry into a
Contest and its associated Entry Fees if, in Our sole discretion, We suspect (i)
a User or persons associated with a User unfairly influence the outcome of a
Contest; (ii) a User is in breach of these Terms, including, without limitation
the respective Contest Rules; or (iii) the result of a Contest may be or has
been directly or indirectly affected by abusive or criminal activity. We reserve
the right to cancel or void any Contests, in Our sole discretion which shall be
final and binding, if in Our reasonable opinion, there is a manifest error in
the subject Contests or a technological failure occurred within the subject
Contests. 5.3. Results and Winners Winners are based on the results of the
Contest. The results and winners of each Contest offered on the Services will be
determined and its partnered 3rd party Tournament Organizersat Our sole
discretion and such determinations are final. By registering an Account and/or
participating in any Contest, You agree to be bound by these determinations and
agree to cooperate with Our efforts to reverse prize payouts. 5.4. Contest
Prizes The Users in each Completed Contest who win the Contest (e.g., accumulate
the most points, kills, etc.) and comply with eligibility requirements and
applicable Contest Rules will win the corresponding prizes for that Contest. In
the event that two or more Users tie in a Contest, the prize will be divided
evenly among those Users. RCombat and its partnered Third Party Tournament
Organizers offer a number of different types of Contests. For each Contest, We
announce the Entry Fee and corresponding prize in advance on the Contest page.
All cash prize contests are organized by Third Party Tournament Organizers and
they are responsible for any payments. RCombat does NOT run any cash prize
contests and is NOT responsible for any payments. RCombat makes no
representations on behalf of Third Parties and is not a party to such
agreements; all duties therein are directly between the Third Party offereror
and any participant/claimant. No substitution or transfer of prize is permitted
except at respective tournament organizer’s sole discretion. All prizes are
awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including,
without limitation, any implied warranty of merchantability or fitness for a
particular purpose) by Us. If any legal authority challenges the award and/or
Your receipt of a prize for winning a Contest on the Services, We reserve the
right to revoke, cancel, suspend, substitute, or modify the award of such prize.
Except in circumstances where technical failure, Our inability to verify Your
compliance with these Terms, or other reasons prevent timely distribution. Any
prizes that are mistakenly distributed to Your Account remain Our property and
will automatically be transferred from Your Account upon confirmation of the
error. Any prize mistakenly credited to Your Account that have been redeemed or
used by You before confirmation of the error will constitute a debt owed by You
to Us in the value of such wrongfully attributed prize. 5.5. Collusion, Cheating
and Fraud If You suspect that any User or third party may be cheating by
undertaking one of the following reportable actions listed below, You must
report such activity to Our Customer Support Team by sending email, with the
subject heading “Cheating” as soon as reasonably practicable. Reportable actions
include, without limitation: (i) colluding with other third parties; (ii) using
unfair external factors or influences; (iii) entering into Contests through
unauthorized methods; (iv) undertaking fraudulent activities to their advantage
and the disadvantage of other Users; (v) accessing any pre-release, confidential
information or other information that is not available to all other entrants of
a Contest and that provides the entrant an advantage in such a Contest,
including any information from any esport skill-based competition site or
information from a skill-based competition governing body (e.g., pre-release
patch, bug, update, or injury information) (“Pre-Release Data”); or (vi) using
multiple Accounts. Such activities are prohibited and We will take all
reasonable steps to investigate any such complaints and, where possible, prevent
such activities. We shall not be held liable for any form of loss sustained by
You as a result of any of the prohibited activities or any other unlawful
activity of persons using the Services. We reserve the right to terminate Your
Account, withhold the balance of Your Account, and recover from Your Account the
amount of any affected payouts if: 5.6.1. You are found or suspected to have
participated in any form of collusion or fraudulent practice; 5.6.2. We become
aware that You have invalidly requested a chargeback; 5.6.3. You become bankrupt
or have equivalent proceedings occurring anywhere in the world; 5.6.4. You have
more than one (1) Account at any one time; 5.6.5. You falsify Personal
Information (as defined in the RCombat Privacy Policy) to enter a Contest or
claim a prize; 5.6.6. You are not eligible to participate in any Contest as set
forth in the Eligibility Section of these Terms; 5.6.7. You use a single Account
to participate in a Contest on behalf of multiple entrants or otherwise
collaborating with others to participate in any Contest; 5.6.9. You are found to
have abused any type of bonus, refer-a-friend program, or any other offers or
promotions; 5.6.10. You committed any type of abuse or violation that has been
deemed unacceptable by any governing authority related to the Contest (including
but not limited to tournament organizers, player and team organizations,
software developers and software distributors); 5.6.11. You tampered with the
administration of a Contest or attempted to tamper with the computer programs or
any security measure associated with a Contest; 5.6.12. You have abused the
Services in any way; or 5.6.13. At RCombat’s sole discretion. We reserve the
right to recover from Your Account the amount of any affected payouts and/or
recover those sums from You if they have been redeemed, in the event that You
have participated in any form of collusion or fraudulent practice, regardless of
Your knowledge or innocence. RCombat shall not be held liable for any
consequences that arise from Your use or misuse of the Services. 5.7. Suspicious
Activity If We become aware or suspect that a transaction is suspicious and
involves or may involve financial crime or similar activity then We reserve the
right to retain the amount of that transaction and any other transaction made by
You. In addition, We reserve the right to retain any funds related to that
activity and the balance on the Accounts in question, in order to disburse them
to the relevant authorities. We shall be under no obligation to provide You with
any reasons for these actions. If the activity and transactions are cleared of
any suspicions all retained funds will be made available to You. Where We
suspect that You are participating in any form of collusion, fraudulent
practices or money laundering activities, We reserve the right to report such
activity to the relevant authorities and regulators, online service providers,
banks, credit card companies, electronic payment providers or other financial
institutions including details of Your identity and You agree to cooperate fully
with Us to investigate any such activity. DEPOSITING ACCOUNT VIA XCREDITS
PURCHASE 6.1. Deposits To participate in certain Contests, You will be required
to purchase virtual currency (“xCredits”) into Your Account by any of the
methods permitted, and You may only participate in Premium Contests if You have
sufficient virtual currencies to cover the full Entry Fee. Such virtual
currencies will be deposited into Your Account upon actual receipt of the funds
by Us and/or Our agents. The sale of such virtual currencies are final and no
refunds will be issued. At any time, if requested, You agree to assist Us in
verifying Your Account. Minimum and maximum limits may be applied to Your
purchase of xCredits into Your Account, depending upon Your history with the
Services, Your profile, capability to pay, the method of purchase, and other
factors as determined solely by Us, and the Customer Support Team may request
additional identification documents from Users as part of this process. All
transactions into Your Account must be from a payment source on which You are
the named account holder. Depending on Your selected method of payment, fees may
be payable by You as a result of depositing funds into Your Account and will be
treated as an independent charge by the relevant payment or network provider,
for which You accept full responsibility. Please note that we do not store Your
Credit or Debit Card number. It is passed straight through to Our PCI-DSS
Compliant Payment Service Provider, where it is securely stored. 6.2. Bonuses
and Promotions From time to time, RCombat may offer bonuses to prospect users
and for other marketing purposes. Any bonuses and/or promotions are subject to
their respective terms and requirements. Additionally, the promotional bonuses
may NOT be applied until certain pre-conditions are met subject to their
respective terms and requirements. THIRD-PARTY PAYMENT PROCESSORS RCombat uses
third-party electronic payment processors and financial institutions (“Payment
Processors”) to process payments. The information that We provide to and receive
from these Payment Processors and the manner in which such information is used
and disclosed is described in further detail in the RCombat Privacy Policy.
Users irrevocably authorize Us, as necessary, to instruct such Payment
Processors to handle payments and Users irrevocably agree that RCombat may give
such instructions on a User’s behalf in accordance with User requests as
submitted through the Services. Users agree to be bound by the terms and
conditions of each applicable Payment Processor, and in the event of a conflict
between these Terms and the Payment Processors’ terms and conditions, then these
Terms shall prevail. Users agree that RCombat is not liable for any loss caused
by any unauthorized use of credit cards or other methods of payment by a third
party in connection with a User’s use of the Services, except as a result of the
gross negligence of RCombat. INTERACTIVE SERVICES AND USER CONTENT 9.1.
Interactive Services The Services may contain message boards, chat rooms,
profiles, forums, bulletin boards, and other interactive features that allow
Users to post, submit, publish, display, or transmit to others content, such as
audio, video, text, or other materials (collectively, “User Content”). Users
understand and acknowledge that by using the Services, Users may be exposed to
User Content that Users may consider to be objectionable and/or inaccurate and
that their use of the Services constitutes their acceptance of such risk. All
User Content must comply with the Content Standards set out in Section 9.3 of
this Agreement. Any User Content Users post on or through the Services will be
considered non-confidential and non-proprietary. By posting any User Content on
or through the Services, Users grant RCombat and its respective licensees,
successors, and assigns the right to use, reproduce, modify, perform, display,
distribute, sell, exploit, and otherwise disclose to third parties any such
material for any purpose, without restriction, and without compensation to
Users. Users represent and warrant that: (i) Users own or control all rights in
and to their User Content; (ii) Users have the right to grant the license
granted above to RCombat and its respective licensees, successors and assigns;
and (iii) all of their User Content does and will comply with this Agreement.
Users understand and acknowledge that Users are responsible for any User Content
they submit or contribute, and Users, not RCombat, have full responsibility for
such content, including its legality, reliability, accuracy and appropriateness.
If You delete User Content from the Services, Our general license to that User
Content will end after a reasonable period of time required for the deletion to
take full effect. However, the User Content may still exist in Our backup
copies, which are not publicly available. If Your User Content is shared with
third parties, those third parties may have retained copies of Your User
Content. In addition, if We made use of Your User Content before You deleted it,
We will continue to have the right to make, duplicate, redistribute, and
sublicense those pre-existing uses, even after You delete the User Content.
Terminating Your Account on the Services will not automatically delete Your User
Content. User Content becomes public information, can be collected and used by
others, and may result in the receipt of unsolicited messages from third
parties. RCombat discourages Users from posting any personal information that
can be used to identify or locate Users, such as User addresses, email
addresses, or phone numbers. IF A USER CHOOSES TO POST ANY PERSONALLY
IDENTIFIABLE INFORMATION ON OR THROUGH THE SERVICES, SUCH USER DOES SO AT
HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RCombat IS NOT
RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD PARTY FOR THE CONTENT OR ACCURACY
OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE SERVICES. 9.2. Monitoring and
Enforcement; Termination RCombat does not undertake a review of material before
it is posted on or through the Services, and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, RCombat assumes no
liability for any action or inaction regarding transmissions, communications, or
content provided by any User or third party. RCombat has no liability or
responsibility to anyone for performance or nonperformance of the activities
described in this section. RCombat does reserve the right, however, at its sole
discretion, to take any of the following actions: 9.2.1. Remove or refuse to
post any User Content for any or no reason; 9.2.2. Take any action with respect
to any User Content that RCombat deems necessary or appropriate, including,
without limitation, if RCombat believes that any User Content violates this
Agreement, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of other Users or the public or
could create liability for RCombat; 9.2.3. Disclose User identity or other
information about Users to any third party who claims that material posted by
Users violates their rights, including their intellectual property rights or
their right to privacy; 9.2.4. Take appropriate legal action, including, without
limitation, referral to law enforcement, for any illegal or unauthorized use of
the Services; and 9.2.5. Terminate or suspend access to Your User Account or all
or part of the Services for any or no reason, including, without limitation, any
violation of this Agreement. Without limiting the foregoing, RCombat reserves
the right to fully cooperate with any law enforcement authorities or court order
requesting or directing Us to disclose the identity or other information of
anyone posting any materials on or through the Services. USERS WAIVE AND HOLD
HARMLESS RCombat AND RCombat PROVIDERS (DEFINED BELOW) FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 9.3. Content Standards User
Content must comply with all applicable federal, state, and local laws and
regulations. Without limiting the foregoing, User Content must not: 9.3.1.
Contain any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable; 9.3.2.
Promote sexually explicit or pornographic material, violence, or discrimination
based on race, sex, religion, nationality, disability, sexual orientation, or
age; 9.3.3. Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person; 9.3.4. Violate the
legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be in conflict with
this Agreement; 9.3.5. Be intended or likely to deceive any person; 9.3.6.
Advocate, promote, or assist any illegal activity; 9.3.7. Be likely to upset,
embarrass, alarm, or annoy any other person; 9.3.8. Impersonate any person, or
misrepresent the User’s identity or affiliation with any person or organization;
9.3.9. Involve commercial activities, sales, or advertising; 9.3.10. Contain any
links without prior written permission from RCombat; or 9.3.11. Give the
impression that it is endorsed by RCombat or any other person or entity, if this
is not the case. CONDUCT Users agree not to use the Services for any unlawful
purpose or for any purpose that is prohibited by this Agreement. Users further
agree not to: 10.1. Engage in any illegal activity, or the planning of any
illegal activity; 10.2. Threaten, harass, abuse, or otherwise intimidate any
User(s); 10.3. Post or transmit, or cause to be posted or transmitted, any
content that is infringing, libelous, defamatory, abusive, offensive, obscene,
pornographic or otherwise violates the law or the rights of RCombat, its Users,
or any third party; 10.4. Use the Services for any purpose other than that which
is authorized in this Agreement or in a manner that violates any laws including
intellectual property laws; 10.5. Seek to or in any way assist others in
obtaining Account, password, or personal information from any User(s); 10.6.
Create a false identity, impersonate another person, or otherwise attempt to
mislead any person as to the identity or origin of any communication; 10.7. Send
or cause to be generated any unwanted email to any User(s); 10.8. Send or cause
to be generated any unwanted messages in the Services; 10.9. Inflict or cause to
be inflicted in any manner whatsoever software viruses or any other code
designed to interrupt, destroy, limit, or otherwise affect the functionality of
any software or hardware or telecommunications equipment associated directly or
indirectly with the Services; 10.10. Employ any automated means, including,
without limitation, bots, scrapers, or spiders to access or participate in the
Services for any purpose; 10.11. Using any unauthorized programs that interact
with the software in any way for any purpose, including, but not limited to
intercepting, emulating, or redirecting any communication, or collecting
information or reading memory used by RCombat; 10.12. Improperly using support
or complaint features of the Services or making false reports to RCombat; 10.13.
Using any artificial means to alter a User’s position in the Contests; 10.14.
Selling or transferring an Account or any attributes related thereto; 10.15.
Involve commercial activities, sales, or advertising; 10.16. Engaging in any
activity to gain an unfair advantage over RCombat or other Users, or otherwise
acting in an unfair manner by exploiting a fault in RCombat software, by
collusion or by any other unfair or illegal methods; or 10.17. Engaging in any
other activity deemed by RCombat to be in conflict with the spirit or intent of
this Agreement. Any use of the Services in violation of the foregoing
constitutes a breach of this Agreement and may result in, among other things,
Account termination, withholding of the balance of Your Account, recovery of any
affected payouts from Your Account, prohibition from using the Services, and/or
legal action. Users understand that any attempt to deliberately damage the
Services or undermine any Contest may also be a violation of criminal and/or
civil laws and RCombat reserves the right to seek damages and other remedies
from any such person to the fullest extent permitted by law. If Users wish to
report any abuses, inappropriate online conduct, or a violation of this
Agreement, please forward all evidence of the same to support@RankedM.io, with
the subject heading “Violations.” Please report responsibly. LIMITATIONS ON
WARRANTY AND LIABILITY 11.1. Disclaimer of Warranties Users expressly
acknowledge and agree that use of the Services is at their sole risk. Users
further acknowledge and agree that the Services are provided on an “AS IS” and
“as available” basis. Neither RCombat nor any of its parents, subsidiaries,
affiliates, licensees, licensors, contractors, agents, content providers,
vendors, component suppliers (both hardware and software), and/or any third
party who provides products or services purchased from or distributed by RCombat
as well their respective officers, directors, members, managers,
representatives, agents, employees, investors or the like (collectively “RCombat
Providers”), warrant that offerings affiliated with RCombat, including, but not
limited to, the Site, the RCombat Royale Application, and the Services offered
thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan
horses, keyboard loggers, spyware, adware, malware, harmful or malicious code,
or other defects. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RCombat AND
THE RCombat PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RCombat AND THE
RCombat PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES,
AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE
SERVICES, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED
ON OR THROUGH THE SERVICES. NEITHER RCombat NOR ANY RCombat PROVIDER MAKES A
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR
SERVICES, PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, PRODUCTS, AND
SERVICES PUBLISHED ON OR THROUGH THE SERVICES MAY CONTAIN INACCURACIES OR
TYPOGRAPHICAL ERRORS. NEITHER RCombat NOR ANY RCombat PROVIDER SHALL BE
RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS
POSTED ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, IN ANY
INTERACTIVE AREAS OF THE SERVICES) BY ANY PERSON OR ENTITY OTHER THAN AN
AUTHORIZED RCombat REPRESENTATIVE. 11.2. Limitations on Liability NEITHER
RCombat NOR THE RCombat PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR
SECURE ACCESS TO THE SERVICES OR ANY ASPECT THEREOF. THE OPERATION OF THE
SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF
RCombat AND THE RCombat PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER RCombat
NOR THE RCombat PROVIDERS SHALL BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, LOSS OF DIRECT OR INDIRECT
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONTRACTS, ANY LOSS OF MONEY,
ANY LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS
INTERRUPTION, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF
RCombat OR THE RCombat PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II)
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III)
OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH
THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. YOU UNDERSTAND
AND AGREE THAT NEITHER RCombat NOR THE RCombat PROVIDERS SHALL BE LIABLE TO
USERS FOR ANY LOSS OR DAMAGES DUE TO VIRUSES THAT MAY INFECT USERS’ COMPUTER
EQUIPMENT, MOBILE HANDSET, TABLET, SOFTWARE, DATA OR OTHER PROPERTY RESULTING
FROM USERS’ USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, RCombat’S LIABILITY
TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY SUCH USER TO RCombat FOR USE OF THE SERVICES DURING THE TERM OF
THEIR REGISTRATION, NOT INCLUDING ANY ENTRY FEES FOR ESPORTS CONTESTS COMPLETED
PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. IN THE EVENT THAT A USER
RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
RCombat SERVICES, MAINTENANCE AND RIGHT TO TERMINATE RCombat conducts
maintenance work on its systems from time to time primarily for the purpose of
ensuring security and integrity. A portion, or sometimes all, of the features of
the Services will not be available during maintenance periods. If possible,
Users will be notified of maintenance periods in advance, however, Users hereby
agree that RCombat may update the Services with or without notifying Users.
RCombat also reserves the right to modify or discontinue operation of any aspect
of the Services at any time, including, without limitation, the availability of
the Services, or any features or content thereon, including without limitation
the offering of the Contests. RCombat may also impose limits on certain features
and offerings or restrict access to parts or all of the Services with or without
notice to Users and without liability to Users or any third party. You may close
Your Account and terminate Your right to use the Services at any time by
clicking on the ‘Delete Account’ button under ‘Profile Settings’ or by sending
an email to the Customer Support Team, with the subject heading “Account
Closure.” Upon receipt of Your email, the Customer Support Team will respond
within a reasonable time to confirm the closure of Your Account, however, You
accept full responsibility for all activity on Your Account until such
confirmation has been given to You by Us. We will use Our reasonable efforts to
close Your Account within seven (7) business days. Any remaining xCredits in
Your Account (excluding any rewards, incentives or promotional funds) at the
time of Account closure will be automatically be deleted from your account
recordsIn the event You win in a Contest after confirmation of Your Account
closure, You will be notified by email sent by the administrator or organizer of
respective contests. If You close Your Account, RCombat reserves the right to
collect fees, surcharges, or costs incurred before closing the Account. RCombat
may suspend or terminate Accounts, confiscate any Account balances in accordance
with applicable law, refuse any and all current or future use of the Services
(and access to all related entitlements)without notice, and for any reason,
including, without limitation, for violation of this Agreement, illegal or
improper use of an Account, or illegal or improper use of the Services. In the
event that a User’s Account is terminated or cancelled, the User will have no
further access to their Account or anything associated with it. If a User’s
Account is terminated by RCombat, We reserve the right to determine whether to
declare as void any transaction(s) placed by such User. RCombat also reserves
the right to refuse to maintain an Account for, and provide the Services to, any
individual. All problems encountered during the use of the Services, including
those with regard to User Accounts, etc., can be reported to RCombat when the
problem is encountered by sending an email to the Customer Support Team, with
the subject heading “Assistance Request.” If Your Account is subject to a
suspension or termination, You must respect the restrictions and limitations
imposed on Your Account as part of the suspension or termination, and You should
communicate with the Customer Support Team regarding restoration of Your Account
by sending an email, with the subject heading “Suspended Account.” THIRD PARTY
ADVERTISING Users understand that the Services may feature advertisements from
RCombat as well as Our third party sponsors. RCombat’s disclosure of information
for third party advertising is addressed in the Privacy Policy. Additionally,
any charges or obligations incurred in dealings with these third parties are the
User’s sole responsibility. RCombat makes no representation or warranty
regarding any content, goods and/or services provided by any third party even if
linked to from the Services, and will not be liable for any claim relating to
any third party content, goods and/or services. RCombat is not responsible for
their content, business practices, or privacy policies, or for the collection,
use, or disclosure of any information those sites and services may collect.
Further, the inclusion of any link does not imply endorsement by RCombat of such
sites or services. CALIFORNIA CONSUMER NOTICE As required by California Code
Section 1789.3, this notice is to advise Users that (i) the Services are
provided by RCombat Technologies, Inc., at 31 Milk Street, Suite 717, Boston, MA
02109, (617) 936-4104, and that (ii) a fee may be charged for certain offerings,
including, without limitation, in connection with Services. RCombat reserves the
right to change the amount of any fee or charge and to institute new fees or
charges, effective on reasonable notice to Users. If Users have a complaint
regarding the Services or desire further information on use of the Services,
please contact the Customer Support Team. Users may also contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at Department of Consumer Affairs,
Consumer Information Division, 1625 North Market Boulevard, Suite N 112,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
PRIVACY AND DATA COLLECTION RCombat’s Privacy Policy, is an integral part of
this Agreement and is expressly incorporated by reference. GENERAL QUERIES 16.1.
FAQ For general queries related to RCombat, visit our FAQ page, which lists a
range of answers to common questions. 16.2. Contact Us If the FAQs do not
provide an answer to Your query, the Customer Support Team would love to hear
from You. Please reach out by sending us an email or filling out the ‘Contact
Us’ form on the Q&A page with the following information: Your Name; Your Email;
and The query or issue we can assist You with. The Customer Support Team will
endeavor to: Provide an initial response to Your query or complaint within two
(2) business days, and Investigate and attempt to resolve Your query within ten
(10) business days or such longer period as is necessary and notified to You by
our team member. 16.3. Support within the Services If You have the RCombat Site
/ Royale Application open, You can access both the FAQ and Contact Us functions,
allowing You to get answers to Your queries immediately within the Services.
COMPLAINTS AND DISPUTE RESOLUTION PROCESS PLEASE READ THIS SECTION CAREFULLY AS
IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A
LAWSUIT IN COURT. Users agree to work with RCombat in good faith to resolve any
dispute, controversy, disagreement or claim (“Dispute”) arising out of or
relating to this Agreement or their use of the Services before escalating to
binding arbitration or litigation, as addressed below. The following steps are
available to Users: 17.1. Initial Dispute Resolution Users must give RCombat an
opportunity to resolve the Dispute by sending an email, with the subject line
“Dispute” or mailing RCombat Technologies, Inc., Attn: Customer Support Team, 31
Milk Street, Suite 717, Boston, MA 02109. The written notification of Dispute
must include: (i) the User’s name and email address; (ii) a written description
of the Dispute; and (iii) a description of the specific relief the User seeks.
The parties agree to use their best efforts to resolve Disputes using this
Initial Dispute Resolution process. 17.2. Escalate to Management Should You be
in any way dissatisfied with the resolution provided by the Customer Support
Team regarding Your query, dispute or complaint, You can request that the matter
be escalated to a member of our Management Team. Once received our Management
Team will personally review and respond to Your query, dispute or complaint.
Please allow up to three (3) business days for a response. 17.3. Binding
Arbitration Should a User be in any way dissatisfied with the resolution
provided by the Management Team regarding the Dispute or in the event that the
parties are unable to resolve the Dispute within fourteen (14) days of RCombat’s
receipt of the User’s written notification, then either party may initiate
binding arbitration as the sole means to resolve the Dispute, subject to the
terms set forth below. Specifically, all Disputes arising out of or relating to
these Terms (including its formation, performance and breach), the parties’
relationship with each other and/or a User’s use of the Services shall be
finally settled by binding arbitration administered by the American Arbitration
Association (“AAA”) in accordance with the provisions of its Commercial
Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of
the AAA, excluding any rules or procedures governing or permitting class
actions. The arbitrator, and not any federal, state or local court or agency,
shall have exclusive authority to resolve all Disputes arising out of or
relating to the interpretation, applicability, enforceability or formation of
this Agreement, including, but not limited to any claim that all or any part of
this Agreement is void or voidable, or whether a claim is subject to
arbitration. Except for the award of any punitive damages, the arbitrator shall
be empowered to grant whatever relief would be available in a court under law or
in equity. The arbitrator’s award shall be binding on the parties and may be
entered as a judgment in any court of competent jurisdiction. This arbitration
undertaking is made pursuant to and in connection with a transaction involving
interstate commerce, and shall be governed by and construed and interpreted in
accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This
arbitration provision shall survive termination of this Agreement. Each party
shall bear its own costs in connection with any arbitration proceedings. The
parties shall equally share the fees of the arbitration and the arbitrator. The
Commercial Arbitration Rules governing the arbitration may be accessed at
www.adr.org or by calling the AAA at (800) 778-7879. 17.3.1. Location The
parties further agree that arbitration shall be initiated in Suffolk County,
Massachusetts and to submit to the personal jurisdiction of any federal or state
court in Suffolk County, Massachusetts in order to compel arbitration, to stay
proceedings pending arbitration, or to confirm, modify, vacate or enter judgment
on the award entered by the arbitrator. 17.3.2. Class Action Waiver The parties
further agree that any arbitration shall be conducted in their individual
capacities only and not as a class action or other representative action, and
the parties expressly waive their right to file a class action or seek relief on
a class basis. USERS AND RCombat AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or
arbitrator determines that the class action waiver set forth in this paragraph
is void or unenforceable for any reason or that an arbitration can proceed on a
class basis, then the arbitration provision set forth above shall be deemed null
and void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes. 17.3.3. Exception – Litigation of Intellectual Property and
Small Claims Court Notwithstanding the parties’ decision to resolve all disputes
through binding arbitration, either party may bring an action in a state or
federal court located in Suffolk County, Massachusetts to protect or enforce
intellectual property rights. Intellectual property rights include patents,
copyrights, moral rights, trademarks, and trade secrets, but not privacy or
publicity rights. Either party may also seek relief in a small claims court
located in Suffolk County, Massachusetts for disputes or claims within the scope
of that court’s jurisdiction. The laws of the Commonwealth of Massachusetts
shall be applied in any litigation proceedings, without regard to principles of
conflict of laws. Users further agree to accept service of process by mail.
17.3.4. Other Claims For any claims, other than litigation of intellectual
property rights and claims made in small claims court, that are not subject to
arbitration the parties agree that litigation shall be initiated in Suffolk
County, Massachusetts and agree to submit to the personal jurisdiction of any
federal or state court in Suffolk County, Massachusetts. The parties hereby
waive any argument that any such court does not have personal jurisdiction or
that the location of Suffolk County, Massachusetts is not appropriate or
convenient. The parties further agree to waive any and all rights to trial by
jury with respect to any claims. In the event that either party initiates a
proceeding involving any claim other than an arbitration in accordance with this
Section, or initiates a proceeding involving a claim under this Section other
than in Suffolk County, Massachusetts, the other party shall recover all
attorneys’ fees and expenses reasonably incurred in enforcing these Terms to
arbitrate and the location to which the parties have herein agreed. 17.3.5.
30-Day Right to Opt-Out YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION
AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM
THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”).
Users may opt-out of these provisions by mailing written notification to RCombat
Technologies, Inc., Attn: RCombat Legal, 31 Milk Street, Suite 717, Boston, MA
02109. The written notification must include (i) the User’s name and address and
(ii) a clear statement that the User does not wish to resolve disputes with
RCombat through binding arbitration. A decision to opt-out of these provisions
will have no adverse effect on the User’s relationship with RCombat. If Users
opt-out of these provisions, RCombat also will not be bound by them. Any opt-out
request received after the Opt-Out Deadline will not be valid and Users must
pursue their Dispute through binding arbitration or small claims court. GENERAL
PROVISIONS 18.1. Relationship of Parties/No Third Party Beneficiaries Users
agree that no joint venture, partnership, employment, or agency relationship
exists between Users and RCombat as a result of this Agreement or their use of
the Services. Users agree not to hold themselves out as representatives, agents,
operators, distributors, or employees of RCombat and RCombat shall not be liable
for any of their representations, acts, or omissions. Users also agree that,
except as otherwise expressly provided in this Agreement, there shall be no
third party beneficiaries to this Agreement. 18.2. Assignment RCombat may assign
its rights and obligations under this Agreement, in whole or in part, to any
person or entity at any time with or without the Users’ consent. Upon such
assignment, RCombat may be relieved of any further obligation hereunder. Users
may not assign or delegate any rights or obligations under this Agreement
without RCombat’s prior written consent, and any unauthorized assignment and
delegation by Users is void and ineffective. 18.3. Waiver/Severability No
failure or forbearance on RCombat’s part to exercise its rights or insist upon
performance of obligations hereunder is to be construed as a waiver or
relinquishment of those or any other rights or obligations in that or any other
instance; rather, the same shall remain in full force and effect. If any
provision of this Agreement is deemed unlawful, void, or for any reason
unenforceable, such provision shall be narrowed in scope or otherwise amended to
the extent necessary to make such provision lawful, valid and enforceable while
as nearly as possible reflecting the intent of the parties as expressed in this
Agreement, or, if such amendment is impossible, severed from this Agreement. No
amendment or severing of any provision of this Agreement shall affect the
validity or enforceability of any remaining provisions. 18.4.
Circumvention/Indemnification Users agree that they shall not circumvent or
attempt to circumvent these Terms or the Services or otherwise interrupt or
attempt to interrupt the operations of RCombat (collectively, a “Circumvention
Act”). If RCombat determines, at its sole discretion, that Users have engaged,
or attempted to engage, in any Circumvention Act, or to otherwise commit fraud
with regard to the Services, then, in such an event, RCombat reserves the right
to institute civil or criminal proceedings against such Users and to report such
Users to the relevant regulatory authorities. Users further agree to indemnify,
save, and hold harmless RCombat and the RCombat Providers from any claims,
losses, damages, liabilities, including legal fees and expenses, arising out of
their use or misuse of the Services, any violation by Users of this Agreement,
or any breach of the representations, warranties, and covenants made by Users
herein. RCombat reserves the right, at the Users’ expense, to assume the
exclusive defense and control of any matter for which the Users are required to
indemnify RCombat, and Users agree to cooperate with RCombat’s defense of these
claims. RCombat will use reasonable efforts to notify Users of any such claim,
action, or proceeding upon becoming aware of it. Users agree that the provisions
in this paragraph will survive any termination of their RCombat Account or of
the Services. 18.5. Force Majeure RCombat shall not be liable for any delay or
failure to perform resulting from unforeseen circumstances or causes outside its
reasonable control, including, without limitation, acts of God, war, terrorism,
riots, embargoes, acts of civil or military authorities, fire, floods,
accidents, network infrastructure failures, strikes, or shortages of
transportation facilities, fuel, energy, labor or materials. 18.6. Notices
RCombat may notify Users via postings in the Services, via email and/or any
other method of communication to the contact information Users provide to Us.
All questions, complaints, or claims pertaining to the Services as well as any
notices given by Users or required from Users under these Terms shall be in
writing and directed to: RCombat Technologies, Inc. Address: 31 Milk Street,
Suite 717, Boston, MA 02109 Email: support@RankedM.io Any notices Users
provide that do not comply with this Section 18.6 shall have no legal effect.
18.7. Entire Agreemen t These Terms constitute the entire agreement between
Users and RCombat with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. Any waiver of any provision of these Terms
will be effective only if in writing and signed by RCombat. 18.8. Reservation of
Rights RCombat reserves the right to enforce its Terms if RCombat, in its sole
discretion, determines that the services provided by a content provider’s
platform (including but not limited to websites, mobile applications, web-based
applications, desktop-based applications, or social media accounts) is
detrimental to the Company brand or brands, including, without limitation, in
any manner that is disparaging or that otherwise portrays RCombat in a negative
light, or has a negative impact on the integrity of RCombat’s product or
business operations. GOVERNMENTAL COMPLIANCE RCombat’s performance of this
Agreement is subject to existing laws and legal process, and nothing contained
in this Agreement is in derogation of RCombat’s right to comply with
governmental, court, and law enforcement requests or requirements relating to
use of the Services or information provided to or gathered by RCombat with
respect to such use. GOVERNING LAW By using these Services, You agree that the
laws of the Commonwealth of Massachusetts will govern these Terms, without
giving effect to any principles of conflicts of laws. The section titles in the
TERMS are for convenience only and have no legal or contractual effect.
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