Terms and Conditions for registration to the webpages of Tamatem Inc., participation in the games and use of the services offered within them.§ I. Preamble
- These Terms and Conditions constitute the "general conditions" as per art. 298 of the Commercial Act.
- By registering to the webpages and applications of Tamatem Inc. users declare that they are aware, understand, and accept in full any and all of the following provisions of these Terms and Conditions. "Users" within the meaning of these Terms and Conditions are all individuals entitled to registration under the terms of Section II below.
- The webpage vipbaloot.com as well as the VIP Baloot applications are owned by Tamatem Inc., a joint-stock company incorporated and existing under the laws of Delaware, USA, registered with the Commercial Register at the Registry Agency with UIC 0491457 (hereinafter referred to as Administrator), with address for correspondence 444 Castro St. STE 1200, Mountain View, CA 94041, United States.
- These current General Terms and Conditions have been drawn up by the Administrator and may be amended and/or supplemented only (a) by mutual consent of the user and Administrator expressed in written form, or (b) unilaterally by the Administrator. In the first case (a) the amendment has the force and effect only in relations between the Administrator and the specific user and does not apply to other users. In the second case (b) the amendment enters into force for all registered users after seven (7) days of publication of the amendment on vipbaloot.com (called Tamatem’s page hereinafter) as well as the VIP Baloot applications.
- American law applies to these current Terms and Conditions.
- All claims relating to the use of the pages of Tamatem Inc. and/or arising between the users upon and/or in connection with these Terms and Conditions, including disputes arising from or concerning their interpretation, invalidity, performance or termination of the relationship between the User and the Administrator, as well as discussions regarding filling gaps in the General Conditions or their adaptation to new circumstances shall be resolved by the Arbitration Court of the American Chamber of Commerce, Delaware, in accordance with its rules on cases based on the arbitration of agreements.
- The following individuals have the right to register to the webpages of Tamatem Inc.:
- (i) individuals who are at least 18 years of age (or respectively – are of legal age under the laws of their country of residence, from which they access the pages of Tamatem Inc), and only on condition that these individuals are not placed under guardianship and/or whose capability is not limited in any other way;
- Individuals who do not meet the above conditions are not entitled to registration to the webpages of Tamatem Inc.. By completing a registration to a webpage of Tamatem Inc., each user states that they satisfy the requirements of Art. 1 (i), respectively - (ii). If the administrator subsequently finds out that the user within the meaning of the preceding sentence is not eligible for registration, the Administrator may, without any prior notification to the user, cancel the registration and respective user account and take away all accumulated chips and/or virtual items associated with that user account at the time.
- If a legal entity is registered, the registration should be carried out only by individuals who legally represent it. In the event that a person other than those mentioned in the previous sentence carries out the registration, that person as an individual shall incur all obligations relating to the registration.
- If you're a parent who exercises parental rights and/or guardian or custodian/or under the law of the state whose citizen you are, apply another kind of guardianship of such person's consent and provide for the registration of your child or the individual under your care, then upon registration you, as their legal representative, agree that the provisions of these Terms and Conditions apply both to you and to those individuals in cases where such individuals use this page (with or without your expressed knowledge and consent). For the purposes of your relationship with the Administrator of the pages of Tamatem Inc. and the team of Tamatem Inc., it is considered that any use of the pages by such individuals is carried out with your express knowledge and consent. It is accepted that it is with "explicit knowledge and consent" for all the cases in which you with your actions and/or inactions have created the objective and subjective conditions that the individuals who are under your care and responsibility and whose legal representative you are, are able to make actual access to the pages of Tamatem Inc..
- If you're a parent who exercises parental rights and/or guardian or custodian/or under the law of the state whose citizen you are, apply another kind of guardianship of such person's consent and provide for the registration of your child or the individual under your care, then upon registration as their legal representative, you are considered duly informed by the team of Tamatem Inc., that part of the page content may be inappropriate for your child and/or individuals who are under your care and responsibility. Since access to such parts of the page as well as the assessment of whether certain content is appropriate or not for individuals under your care, and can not be controlled by the Administrator and/or team supporting the page of Tamatem Inc., we can not take any liability for any resulting tangible and intangible damages by accessing to such parts of the page to you and the individual who is under your care and responsibility.
- The user agrees to check periodically, but in any case not less than once a week if these current Terms and Conditions were amended and/or supplemented. In the event that some of these conditions be amended and/or supplemented, and the user does not agree with it, the latter is obliged to inform in writing the administrators of the webpage immediately or request from an administrator to delete their registration and their account and incur all related potential adverse effects arising thereof (incl. the possible loss of virtual and/or real money). In case the user has not notified in writing the administrator of disagreement and/or deletion of their registration or has not taken the necessary measures to remove their registration and account it is considered that the user agrees fully with the amendment and/or supplement of these General Terms and Conditions.
- Registration to the pages of Tamatem Inc. and its termination are voluntary (except for compulsory termination with punitive character – i.e. see Section VI below) and depend solely on the will of the user.
- Registration to the pages of Tamatem Inc. is free. The only condition is to meet the user requirements and conditions within the meaning of these Terms and Conditions and declare full and unconditional acceptance of these Terms and Conditions.
- In the process of registration all users must complete a registration form with the minimum necessary and optional content. Proper completion of the minimum required content is a prerequisite for successful registration of the user. The fields with optional content are filled in upon the will and at the independent discretion of the user.
- By registering to the webpages of Tamatem Inc. each user declares that he/she agrees and does not object to the provision and processing of personal data provided in the registration process, or which they will subsequently provide - during the use of services provided the pages of Tamatem Inc..
- Data provided by any user upon registration is considered complete and correct until proven otherwise. All users registered to the web pages of Tamatem Inc., are responsible for the veracity and the integrity of the data provided in connection with their registration. The Administrator reserves the right to edit the information provided upon registration by each user, to delete that part of it which in his own independent judgment is contradicting the rules of these General Terms and/or morals.
- All data provided by the user upon registration, the data from the profile of the user, except for the email address and his birthdate as well as any other information that the administrator possibly deleted under the previous provision, will be visible to other registered users.
- The user has the right to change and update the personal information that is designated for the purpose of drawing up their profile in the pages of Tamatem Inc. at any time. User's right to make such changes is applied to the analogous application of the requirements mentioned above (including but not limited to: availability of minimum information, necessary requirements for the spelling and length of username and more).
- By registering to the pages of Tamatem Inc., each user states, declares to respect the personal space of other users and not to make racist, xenophobic and discriminating statements and shall not (a) violate, impair or otherwise harm protected by copyright, trademark or other intellectual property rights of others; (b) reveal trade secrets, unless their own trade secrets or the disclosure shall be made with the consent of the owner; (c) disseminate content that is offensive, offending public decency, indecency, pornographic, violent, obscene, provokes hatred and intolerance, aggressive or otherwise violates laws and/or protected rights and legal interests of other individuals; (d) distribute contents that contain viruses, Trojan horses, worms, time bombs or other computer programs, algorithms or computer practices that are likely to damage, disrupt or otherwise adversely affect the functional life of Tamatem Inc.’s pages, the games offered there, as well as the technical means to access the pages by other users Tamatem Inc..
- Upon successful registration to the pages of Tamatem Inc. each user receives an account. "Account" within the meaning of the preceding sentence is the aggregate of data that the user provides for registration by which they are uniquely identified within the system of the pages of Tamatem Inc., including all acquired virtual items upon and/or in connection with the participation of users in games offered within the pages of Tamatem Inc..
- Every user may hold only one account. It is considered that the owner of the account is the owner and/or holder of the e-mail used for the registration of the user. Any possible written and/or oral agreements to the contrary have no binding effect to the team supporting the pages of Tamatem Inc..
- Access to each account is carried out exclusively using the correct combination of (a) user name (selected from each user in the registration process and must meet at least the following conditions: can include only digits, underscores and letters and must have a minimum length of at least 3 (three) characters and a maximum length of not more than twelve (12) characters and is not identical with the username of an already registered user) and (b) access password (created upon registration personally by each user and must meet at least the following conditions: minimum password length: 6 (six) characters and a maximum length of 20 (twenty) characters). After the successful initial registration each user can change the access password for their preferences, but in all cases - taking into account the above mandatory requirements.
- Each user undertakes not to disclose their password to any third party and is responsible to create all necessary conditions for the application of high standards of information security so that third parties do not have unauthorized access to their password or to the pages of Tamatem Inc., using their account. To avoid misunderstandings the support team of the pages of Tamatem Inc. undertake no liability associated with improper access to your account by anyone other than you and without your express consent, and/or as a result of such unauthorized access your account it is significantly altered, deleted or removed in any other way, or if the accumulated profits be used by a person without a right of access for purposes other than yours.
- Also, the Administrator is not responsible if a third party learns user’s username and/or password and uses
it to get information, change or delete the profile of that user. In addition, the administrator is not
responsible to the consumer in respect of direct, indirect, incidental damages including, but not limited
to, damages by loss of profits, goodwill, loss of data or other losses as a result of:
- (i) use or the inability to use pages of Tamatem Inc.;
- (ii) statements or actions of any third parties in connection with the services on the pages of Tamatem Inc.;
- (iii) any other issues related to the services offered on Tamatem Inc.’s pages;
- All games and services offered on the webpage, including its appearance, design, source codes, methods of construction and operation are protected by and subject to copyright and related rights and are exclusive property of Tamatem Inc.. Users can copy parts of the content solely for their personal use only as far so that they do not violate any copyright protected brands and trademarks featured on the pages of Tamatem Inc.. Saving of parts of the pages without prior written consent of the Administrator, regardless of the form in which it is carried out, is forbidden.
- All trademarks, logos and characters featured on the site are either property of Tamatem Inc. or used with the express consent of the owners of these trademarks, logos and signs. It is forbidden for users to perform any action that may lead to violation of intellectual property rights related to these trademarks, logos and signs. In particular, in order to avoid misunderstandings, it is expressly stated that the provision of an opportunity to use the page and its contents by users does not constitute any authorization or license to use the trademarks, logos and signs posted on it.
- Any attempts by users to modify the content of the pages of Tamatem Inc. are strictly prohibited, such as adding content which is not necessary for registration purposes and has not been approved in advance by the Administrator and/or changing the rules for participation in games, including by offering bets which are not minor within the meaning of the Gambling Act and respectively any acts or omissions to act by users that may result in any change to the non-gambling nature of the games offered on the pages of Tamatem Inc..
- The webpages of Tamatem Inc. may contain links to other webpages and other websites may contain links to the webpages of Tamatem Inc.. These other websites are not under the control of the Administrator and the team supporting the webpages of Tamatem Inc., so the Administrator does not bear any responsibility for the security of operation and protection of personal data offered by such other sites. Visiting these pages by links on the pages of Tamatem Inc. shall be entirely at the responsibility and risk of each individual user.
- The games offered for use on the webpages of Tamatem Inc., are not considered 'gambling' under the Gambling Act. All games available for use on the pages of Tamatem Inc. serve as recreation and entertainment, a demonstration of dexterity and skills or are with cognitive purpose.
- In order to take part in any of the games on the page of Tamatem Inc., as well as receive any of the special functionalities, the registered users are to use chips. The chips are a virtual currency and do not have their own value in any other currency. They do not constitute a means of payment under the applicable law, but only virtual monetary equivalent that pays for the use of the services on the page by each user. The chips associated with each user’s account do not bear interest, regardless of the period within which they have not been used by the user.
- If a player wishes to enter a tournament or a game, he must buy the appropriate amount of chips.
- Chips can be purchased through the provided payment systems through the form for buying chips included in the games. The variety of payment methods depends on the selected country and platform.
- Exact details of payments are posted on the pages of Tamatem Inc. and may be amended from time to time unilaterally by the Administrator. Any such amendment enters into force and become binding on the users immediately.
- The Administrator shall not be liable if due to incorrect money transfer data entry, any payments made by a user is not validated to the accounts of the Administrator and consequently the user account of this person is not credited with the appropriate amount of chips. Due to the fact that payments are made through payment systems, which are outside the control of the Administrator, it is possible that there is a period of time from the moment of payment by the user until the receipt of the corresponding amount by the Administrator respectively the subsequent credit of the user account with the respective amount of virtual currency (chips), the duration of which can not be foreseen. In connection with this the Administrator can not be held liable for any delays within the meaning of the preceding sentence, although in the period between the time of payment and the moment of crediting the account of the user with the appropriate amount of chips, the user will not be able to use that amount of chips.
- The amounts paid are not recoverable in cash to users. If a user is being sanctioned due to a game and/or behavior, and/or practices inconsistent with these Terms and Conditions, the Administrator is not obliged to transfer chips from the sanctioned user's account to a new account, or to somehow compensate the owner of the account and/or chips associated with that account.
- The Administrator has the right, at his discretion, not to offer any more functions which allow the players to create content. This also includes the right to remove the chat function in the lobby.
- It is possible that a prize fund is formed when launching competitions and/or tournaments in any of the offered games. The prize fund is formed by the chips that each user has provided for participation in the tournament. The prize pool is split among the several first ranked users, according to the details as set out in the rules for the launch of that specific tournament. Only registered users are entitled to participate in tournaments’ registration under these Terms and Conditions.
- Upon participation in games and tournaments offered by the webpages of Tamatem Inc., in principle there are no cash prizes. Distribution of merchandise is possible only in exceptional cases if it is provided by a sponsor for the purposes of that particular tournament or game. Possible profits from user’s participation in respective tournament, contest or game is a corresponding portion of chips from the prize pool - under the terms of that specific tournament, contest or game, eventually - merchandise prizes provided exclusively by a Sponsor and/or virtual goods - facilitation of participation of users in specific games offered on the pages of Tamatem Inc..
- Chips won by a user can not be cashed and/or redeemed by the Administrator and/or sold to other users and third parties. Any such agreement between consumers and/or third parties will not be binding to the Administrator. The amount of chips owned by a user does not constitute a due amount towards the pages of Tamatem Inc..
- Relations between the Sponsors of the pages and the team supporting the pages of Tamatem Inc. which are established upon replacing users’ chips against merchandise and other rewards are not subject to these Terms and conditions and are negotiated directly between the sponsor and the team the webpages of Tamatem Inc..
- In the event of an account termination, regardless of the reasons, and in cases where users have purchased a number of chips, but have not used them, the user is not entitled to claim refund of any amounts already paid. Already purchased chips cannot be transferred to another account.
- Multiaccounting means registering of more than one account by one user. Multiaccounting is prohibited and subject to sanction by blocking and deletion of all registered user accounts without any notification. All accumulated chips and virtual items will be withdrawn from the user, without any due compensation. Penalties for violation of this rule apply no matter if the accounts are used effectively by the user who registered them or not. Entering the game by a single user simultaneously through the pages of Tamatem Inc. and through our partners’ sites is prohibited. For the purposes of the preceding sentence "partner" are all the sites that link to content.
- Entering with other user’s account (account sitting). Your game account is yours only and can not be used by 3rd parties.
- Account termination. If an account is terminated, it cannot be brought back, regardless the circumstances. Once terminated, the account is deleted from Tamatem Inc.’s databases permanently and irreversibly.
- Bugs and breaches
- A "bug" is considered to be a weakness or an honest mistake in the product code, which allows the user to benefit from the game in a manner which is not allowed, or an activity and/or which prevents the server, team and/or software to carry out the set and anticipated tasks.
- If a user finds a bug in the game, they must immediately cease use of this bug, not disclose its existence and immediately notify the Administrator about it, pointing out the bug in question and its possible negative effects.
- For the use and non-report of a bug, the user shall be punished by deletion of the account and revocation of all available at the time chips and virtual benefits.
- For direct entry into other user’s account without the knowledge of the owner (i.e. hacking) or indirect interference with the game of another user/foreign account and any malicious action against another person, the offender shall be sanctioned by deletion of the account and revocation of all available at that time chips and virtual benefits.
- Upon a deliberate attempt to circumvent the system with the intention to impede the work of the servers, as well as an attempt to manipulate the codes of the game, the breaching party shall be sanctioned by deletion of the account.
- Scripts and bots. Bots are automated scripts in any form, simulating activity in an account (not including the automated scripts of the game). The use of any bots and scripts is strictly prohibited and shall be punished by deletion of the account and revocation of all available at that time the chips and virtual benefits.
- Abusive Behaviour. Being abusive towards others reduces the enjoyment from the game. When engaging in any
kind of in-game communication, we kindly ask that you are respectful of others.
Here are some, but not all, behaviours that we consider inappropriate and will not be tolerated:
- Hate speech, racism and other discriminatory language
- Obscene or sexually explicit banter
- Threats or harassment
- Excessive swearing
If you encounter another player being abusive towards yourself or others, please let us know by using the report button inside the chat. Reports are reviewed by our trained moderators who will take appropriate action.
Consequences of misconduct: Abusive behavior can lead to temporary ban or even permanent game account closure. Making false reports can lead to the same.
- Buying, selling and sharing game accounts. Selling, buying, sharing or giving game accounts to other players is against our terms of service and never endorsed. Never share your login credentials! An administrator will never ask about your username or password.
- Cheating. It is unacceptable to lose on purpose, communicating with your partner during play to expose your cards or any other behavior that is considered unlawful play. Such behavior can and shall be punished with a temporary ban or termination of the account.
Other unacceptable behaviour.
- Admin Staff impersonation
- Phishing other players' accounts
- Refund abuse
- Knowingly exploiting a bug
- Encouraging others to break the rules
- Misuse of in-game chat for Advertising, Spamming & Scamming
- The Administrator of the webpages of Tamatem Inc. can not give a guarantee that the services offered on the
pages of Tamatem Inc., will at all times:
- meet the requirements and subjective expectations of each individual user for the content on the pages of Tamatem Inc.and the services offered there;
- be uninterrupted, timely, reliable and secure and will operate 24 hours a day, 7 days a week without being allowed technical and human errors;
- provide at any time correct and reliable results.
- The registration of a user to the pages of Tamatem Inc. does not guarantee any special treatment by the Administrator. Users expressly agree that the Administrator does not control and is not obliged to exercise such control over (a) which users access the page; (b) the content that each individual user had access for; (c) how users interpret and comprehend the contents of the page accessed and/or (d) what actions or omissions to take actions may each user undertake as a result of his/hers access to the page and its contents. Therefore the Administrator can not be held responsible for any adverse consequences which might affect one and/or more users as a result of access to the page and use of the services offered thereon.
- Services, content, website and software of all kinds are offered to users in the form in which they are available at the time, without taking any warranties - whether explicitly, or by implication - on their suitability for use, functional fitness to the objectives of each individual user.
- The Administrator restricts to the full extent permitted by applicable law, liability for the accuracy, reliability, accessibility, universality, legality or operability of materials and/or services offered on the pages of Tamatem Inc.. Using the page each user understands and accepts that the Administrator is not responsible for any damages due to (a) use of the page; (b) downloaded information contained on the page; (c) unauthorized use of images, information or data by upload and/or download from the page by other users; (d) temporary or permanent inability to access page’s content because of, including but not limited to, viruses, Trojan horses or other similar parasitic programs of destructive nature.
- By accessing it, users of the pages may have access to other websites. These other websites are not under the control of the Administrator and/or the pages of Tamatem Inc. . Unless explicitly stated otherwise, nor the Administrator or members of team supporting the pages of Tamatem Inc. warrant and declare any facts and circumstances in relation to other websites, including in terms of information security and its character.
- If any provision of these Terms and Conditions be declared invalid or unenforceable by a competent court, arbitration or other competent authority, other provisions of the Terms and Conditions, as well as rights and obligations of the Parties based on these other provisions retain their effect. Invalid or unenforceable provision shall be deemed unwritten in these current Terms and Conditions and should be replaced by the parties in good faith with actual applicable and mutually acceptable rules whose effect achieves as close of an economic performance to that of the invalid or unenforceable provision.
- The failure or delay of the Administrator to exercise their rights, right in default, judgment, agreement or other right under these Terms and Conditions shall not constitute a waiver of, or prejudice, the same or any of their other rights. Single or partial exercise of any such right shall not restrict a future full exercise and does not constitute a waiver of any other right under these Terms and Conditions. All waivers or consents of the Administrator granted in these Terms and Conditions must be in writing.
- These Terms and Conditions shall take effect and bind the parties thereto and their successors. Notwithstanding the preceding sentence, neither party will be entitled to transfer any part of its obligations under these Terms and Conditions without the prior written consent of the other party. This provision can not be interpreted and applied in a way that limits the ability of the Administrator to transfer their own rights and obligations to a related party, if necessary, or is prompted by reasons of convenience.
The terms and conditions are created on 01.01.2018 and updated on 03.23.2018