END USER LICENCE AGREEMENT (“EULA”) FOR STORM GROUP INC.: IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING TO USE OUR SERVICES, AND/OR DOWNLOADING OUR SOFTWARE. YOUR AGREEMENT TO THEM CONSTITUTES A LEGALLY BINDING AGREEMENT. IT IS YOUR SOLE RESPONSIBILITY TO PERIODICALLY REVIEW THIS EULA AND YOUR CONTINUED USE OF THE SITE, AND ASSOCIATED SERVICES, CONSTITUTES YOUR ONGOING ACCEPTANCE OF THE TERMS CONTAINED HEREINAFTER.
This EULA is between “You” (“Your” also refers to You throughout this EULA) and Storm Group Inc. (“Storm”) of 3753 Howard Hughes Parkway, Suite 200-734, Las Vegas, Nevada, 89169, a company incorporated in the state of Delaware. Storm is defined as “We”, “Us” or “Our” as appropriate. Storm offers online games of skill as well as social and community building tools (“Services”) through its brand “Storm” and through its websites www.click-storm.com and www.click-storm.ru. In addition to offering Storm’s services through the internet We may, from time to time, offer Our products and services through alternative mediums such as mobile devices. When you use Our Services by whatever medium, this EULA shall apply to such use to such an extent as is applicable to the circumstances.
Services are provided through Our website domains. We will ask You to give your express agreement to the Terms and Conditions of this EULA before You make use of or download any Software. “Software” hereinafter includes any downloadable application or system component that relates to Our Services. By agreeing to this EULA, You acknowledge that You are entering into a legally binding Agreement with Storm Group Inc.
You accept to be bound by the Terms and Conditions of this EULA by clicking on ‘I Agree’ (or an equivalent in Your respective language) during your registration or by using our Software and accessing our website. If You do not agree to any of the provisions of this EULA You should immediately stop using Our Software or accessing Our website and delete any copies of it.
1. GRANT OF LICENSE CONDITIONS
A. To use the Services and Software, You will first need to register with Us. To do so, please download and install any of Our applicable software or navigate your internet browser to the appropriate page on Our website. Then click on the REGISTER, SIGN UP, or PLAY NOW button to commence the registration process.
B. We are required to verify the identity of Our players and therefore reserve the right to request satisfactory proof of Your identity (including but not limited to copies of a valid passport/driving license/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent bank/credit card statement or utility bill dated within the last 3 months) at any time. Failure to supply such documentation in a timely fashion may result in the suspension of Services and ultimately the closure of your account.
C. You agree to provide Us with full and complete information regarding Your identity and residential address. Incomplete or fictitious information or documentation will not be accepted and will constitute a material breach of this EULA. This will result in the suspension of Services and the closure of your account.
D. Subject to satisfactory completion of Our registration process and acceptance of the Terms and Conditions of this EULA, We grant You a non-exclusive, non-transferable, limited license to use one copy of the Software and the Services.
E. You shall not distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the Software. The granting of this EULA shall not give you any express or implied rights to decompile, reverse engineer or otherwise disassemble any part of the Software. Unauthorized testing, alteration, or reverse engineering will result in the suspension of Services and the closure of your account.
F. You shall immediately notify Us of any unauthorized use or disclosure, of, or of any unauthorized access to, or of any theft or loss of any copies of the Software or other Proprietary Information (as defined in provision 5.B below) which You suspect, or which comes to your attention.
G. Except for the rights and license granted under this EULA, nothing contained in this Agreement shall be construed to grant to You any right, title, interest in or to the Software or Services. Storm expressly reserves all right, title and interest in and to the Software and Services which are not specifically granted to You under this EULA.
H. We grant You the right to install a copy of the Software on your computer running an up-to-date Internet Browser such as Firefox, Chrome, Safari, or Opera on a validly licensed copy of the operating system for which the Software was designed. We also grant You the right to install a copy of the Software on a device running Android or iOS operating systems, where the software and operating system are not more than 6 months out of date.
I. It is entirely at Our discretion which games and wagering services, if any, shall be supported by Our Software or included in Our Services and You acknowledge that the game offerings on Our website may be changed from time to time with or without notice from Us.
J. The Software must not be used in any manner prohibited by any applicable laws or regulations. It remains Your sole responsibility to ensure that it is legal to play, use, or participate in the game in the jurisdiction in which you reside or are accessing the Software.
2. RIGHTS, REPRESENTATIONS AND LIMITATIONS
A. You must not remove or alter any copyright notices on any copies of the Software.
B. You may not distribute copies of the Software to third parties.
C. You must not interfere in any way with the Software. This prohibition is absolute and includes, but may not be limited to, reverse engineer, decompilation, or disassembly of the Software.
D. Cheating and Unfair Practices
1. Our integrity as a provider of online skill gaming services is dependent on Us delivering a level playing field for all Our customers. We are committed to using all reasonable measures to promote fair play and cheating of any kind is strictly forbidden when using Services. For the avoidance of doubt, under no circumstances is any kind of Player Assistance Software permitted for use with Our Software or website. If you are found to have used any form of software or practice to gain unfair advantage:
a. Your account will be immediately frozen and investigated. Pending the outcome of Our investigation, any items, tokens, prizes, or funds in your account may be subject to forfeiture, at our sole discretion.
b. If We determine there are reasonable grounds, You will be reported to all relevant authorities.
c. If We determine your playing account with us is to be terminated, We fully reserve all other legal rights and causes of action We may have.
E. Insider Information
1. You shall not, and will not procure any third party to, use any information, material, or data which a member of the public could not also legally obtain (“Insider Information”) on, or in conjunction with, Storm. If You use or procure any third party to use Insider Information on Storm, We may immediately terminate Your (and any relevant third party’s) Account and the provisions of clause 2.D shall apply to such termination.
2. You will be liable to Us and shall indemnify Us for any claim, loss, damage, costs and/or expenses we incur as a result of You not complying with this clause. This means You will be responsible for any loss or damage We suffer as a result of Your breach of this clause.
F. You must not rent, lease, or lend Our Software to any third party.
G. Storm may provide You with support services related to the Software or Services (“Support Services”). Any supplemental Software code provided to You as part of the Support Services shall be considered part of our Software and subject to the Terms and Conditions of this EULA.
H. We are committed to fair play. While rare, should a malfunction or error occur with respect to any stake You have placed or with any deposited currency conversion, We will seek to put all parties into the position they would have been in but for the occurrence of the error. In rectifying any error, it may be necessary to declare a stake null and void. If the error results in You being unfairly enriched, We reserve the right to reduce Your account balance by the amount paid in error. If erroneously granted funds are withdrawn, we may demand You to immediately reimburse Us.
I. You fully accept and agree that Our systems will make a final determination of the prices for each draw event incorporated into Our Services. In the unlikely event of a discrepancy between the result showing on the Software installed on Your computer, or accessed through an internet browser, and the result shown on Our server, the result showing on Our server shall prevail. In the absence of a manifest error, You acknowledge and agree that Our records shall be the final authority when determining any dispute relating to Our Services.
J. Storm shall not be responsible or liable for any technical failure, loss or corruption of data whilst using Our Software, including but not limited to network failure, system or server crashes, power outages or damage caused by viruses, worms, logic bombs or other malicious software.
K. It is a condition of using Our Software and Services that You must register and open an account with Us. You agree that it is a condition precedent that You will only maintain one account with Us for and You agree and acknowledge that any and all offers and promotions are limited to one per individual. We reserve the right, at Our absolute discretion, to prevent You from receiving future offers or promotions, or to place any restrictions on Your account for breach of this condition.
L. You represent that:
1. Your registered account with Us is solely for Your benefit. You shall not allow any third party (including a relative) to use Your account, password, or identity to access or use Services or Software and You shall be fully responsible for any activities undertaken on Your account by a third party. You will not reveal the login credentials to Your account or wallet to any third party and You shall take all reasonable steps to ensure that such details are not revealed to any third party. You shall inform us immediately if You suspect that Your account is being misused by a third party or any third party has access to Your account, so that We may investigate such matters and You will cooperate with Us, as We may reasonably request, in the course of such investigations.
2. You are responsible for the security of Your login credentials for both Your account on Your own PC or internet access location. If Your account credentials are “hacked” from Your computer, due to any viruses or malware that is present on the computer that You access Your account with, this is Your responsibility. You should report any possible hacking attempts or security breaches from Your computer terminal immediately.
3. You are fully aware that there is a risk of losing money when participating in competitions by means of Our Software or Services and You are fully responsible for any such loss.
4. You are of sound mind and You are capable of taking responsibility for Your own actions and agree that Your use of Our Software and Services is at Your sole option, discretion and risk. In relation to Your losses, you shall have no claims whatsoever against Storm’s directors, officers, employees, investors, or users.
5. Any funds used by You to facilitate access to Our Services were not illegally obtained and that You will not use Our Software or Services in any way for the purpose of money laundering or other illegal purposes.
6. You will not use Our Software or Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to You and under the laws of the state of Delaware and the United States.
7. When using Our Services and/or website You agree to treat Our staff and other players with respect. Use of offensive and/or threatening language when contacting Support Services (or equivalent) or interacting with other players through any “Chat” service or “Forum” that we may choose to provide is strictly forbidden and may result in the termination of Services to You and forfeiture of Your playing account.
8. You acknowledge and agree that all wagers made are accepted at Our absolute discretion.
M. Compliance with applicable laws:
1. You may only use Our software if You are 18 years of age or over and it is legal for you to do so according to the laws that apply in Your jurisdiction. In addition to the rights reserved in 1.B above, We may require additional proof of age and address from You and Your ability to access and use our Services shall be suspended until such satisfactory proof of age and address has been provided.
2. Without limitation to the above, access to Our Software may be restricted in certain jurisdictions. By using Our Software or Services, You agree to comply with all applicable laws regarding the use and any use is at Your sole option, discretion and risk.
3. Storm does not permit the use of its Software if You are a resident of Iran, North Korea, or in a country in which Our product is considered illegal.
N. You acknowledge and agree that You can instruct at any time a period of self-exclusion.
O. Should an account remain dormant or inactive with no account transactions for a period exceeding 12 months and where the account also has a balance, We shall attempt to contact the participant with a view to return any remaining funds. At the end of this period, We shall, with absolute discretion, close Your account and Your entire account balance (if any), items of value, bonus points, tokens, and frequent player points will be deemed abandoned and forfeited.
3. BREACH AND INDEMNITY
A. The provisions of this EULA are necessary for the protection of Storm’s business and goodwill and are considered to be reasonable for such purposes. You agree that any breach of this EULA may cause substantial and irreparable damages and, therefore, in the event of any such breach, in addition to other remedies which may be available, Storm shall have the right to seek specific performance and other injunctive and equitable relief.
B. You agree to indemnify and hold harmless from any and all claims, demands, liabilities, damages, costs and expenses (including all reasonable legal costs) which are incurred as a result of You:
1. Breaching the Terms and Conditions of this EULA; and
2. Breaching any law or regulation in any jurisdiction.
A. Without prejudice to any other rights, We may terminate this EULA if You fail to comply with the Terms and Conditions of this EULA. In such event, You must cease and desist from using our Software and Services and You must delete or destroy any copies of the Software that you may have in Your possession.
5. INTELLECTUAL PROPERTY RIGHTS
A. The Software provided by Us and any copies made by You, including all intellectual property rights including all patents, inventions, copyrights, database rights, design rights (whether registered or not), trademarks, trade names, logos, trade secrets, know-how, all rights to sue for passing off or unfair competition, all applications for the same, and all rights of a similar nature existing anywhere in the world (“Intellectual Property Rights”) therein, are and shall remain Our exclusive property.
B. You acknowledge that the Software, the related Intellectual Property Rights including its object and source code and related proprietary information embodied in or related to them (“Proprietary Information”), contain valuable trade secrets of and are also protected by the copyright and patent laws of various countries. You agree that in accessing our Software You will keep the Proprietary Information in strict confidence and will not copy, reproduce or duplicate the Proprietary Information or any portion thereof in any form or medium, except as provided in this EULA.
C. All Intellectual Property Rights and Proprietary Information not expressly granted are reserved by Storm.
D. Storm shall be at liberty to advertise, promote, and generate goodwill in Our Software and Services through any media channels deemed fit.
6. PAYMENT SERVICE PROVIDERS
A. Once You have registered with Us to use Our Services You may deposit funds with Us. In agreeing to the Terms and Conditions of this EULA, You also expressly agree to Us providing any personal information necessary to process the transaction, including where necessary passing information outside of Your country or residence.
7. SECURITY REVIEWS
A. Storm is committed to protecting our players and the integrity of the competition on Our platform. By agreeing to the Terms and Conditions of this EULA You expressly authorize Us to disclose Your personal information to any appropriate third-party agency for the purposes of validating the information You have provided to Us. In addition, You also agree to provide Us with any additional information and documentation as We may reasonably request.
A. This EULA may not be assigned by You without prior written approval. Storm may assign all rights and benefits without Your consent to any parent company or subsidiary, or new company created through a merger or by a new owner acquiring, or successor.
9. NO WARRANTIES
A. Storm expressly disclaims any warranty for the Software. The Software is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties or merchantability, non-infringement, or fitness of a particular purpose. Storm does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Software. Storm makes no warranties in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Storm further expressly disclaims any warranty or representation to authorized users or to any third party.
10. LIMITATION OF LIABILITY
A. In no event shall We be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of unauthorized use of or inability to use the Services or Software. In no event will We be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise, shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
B. To the extent permitted by law, the Software is supplied As Is, including any faults. To the maximum extent permitted by the law, excludes all warranties conditions or other terms that may be implied into this EULA whether by law, statute or otherwise. Storm gives no condition, warranty, or other term whatsoever, either express or implied including, without limitation, any condition, warranty, or other term as to the condition of any code, or as to merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or use of reasonable care and skill. To the extent permitted under any applicable laws Storm shall not be liable in contract, tort or otherwise for any loss or damage, howsoever arising in connection with the Software or this EULA. Storm shall not be liable for any indirect, special, or consequential damages, or loss of profit, whether such damages or losses are known, foreseen, foreseeable, or unforeseen. Nothing in this Agreement shall limit the liability for negligently caused death or personal injury or fraud.
11. FORCE MAJEURE
A. Storm shall not be liable for any failure that is as a result of an act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo , labor dispute, strike, lockout or interruption or failure of electricity, pandemic, internet, or telephone service.
12. ENTIRE AGREEMENT
A. This EULA is made in the English language. If there is any conflict in the meaning between the English language version of this Agreement and any version or translation of it in any other language, the English version shall prevail.
A. Each provision of this EULA is severable, one from the other, and if any one provision is found to be unenforceable for any reason by any competent court the remaining provisions shall be and remain in full force and effect.
15. ALTERATION OF OUR WEBSITE AND CONTENT
A. Storm may, in Our absolute discretion, alter or amend any product offered on Our website at any time.
B. Storm may amend to its absolute discretion the Terms and Conditions of this EULA from time to time. Amendments will be displayed in the update EULA available from Our website. It remains your sole responsibility to regularly review the contents of this EULA and your continued use of the website and Our Services constitutes Your continued acceptance of the terms condition hereon in.
16. GOVERNING LAW
A. The agreement shall be governed by, construed, and interpreted in accordance with the laws of the state of Delaware.
A. Storm works diligently to ensure that Your experience of dealing with Us is a pleasant one. However, there may be occasions where You may wish to make a complaint regarding Storm. Should you wish to make a complaint, We request that You contact [email protected] within 30 days of the incident occurring.
B. Storm will attempt to resolve Your complaint within 21 days of receipt. Storm reserve the right to request further information or documentation from You as and when we see fit. This will enable Us to review Your complaint in full.
18. COMPETITION ENTRY AND PRIZE RULES
A. We reserve the right to suspend competitions and/or cancel any entries at any time. When a player or entry is suspended any entries already entered will be rejected. We reserve the right to suspend or remove any tournament or game at Our absolute discretion and to cease competitions at any time without a prior notice.
B. If a tournament is not completed, all related entries will be cancelled.
C. Dates, times, and score information published by Us are purely of indicative value. We do not warrant their correctness and makes no representations regarding the use of this information.
D. Suspended or postponed events are cancelled unless re-arranged or resumed and completed within 24 hours after the original scheduled day.
E. The size of any entry fee is subject to change without notice.
F. The maximum USD amount that may be won by an individual on a weekly basis is USD 50,000. This maximum shall apply independently of the number of competitions entered or pending or the sum of prizes pending, and it shall be incumbent upon You to ensure that Your return per week does not exceed the aforesaid limit.
G. For the purposes of this section, a week shall be defined as Monday 00:00:00 through Sunday 23:59:59 UK time.
19. ACCEPTANCE AND VALIDATION OF ENTRIES
A. When You enter a competition the entry fee is charged against Your account. Once accepted by Us, your entry cannot be cancelled or Amended by You. We reserve the right to cancel your entry at any time.
B. All entries must be made and accepted before the start of the competition.
C. We reserve the right to cancel any entry and reverse any transactions which may be inadvertently accepted when the Your account does not have sufficient funds to cover the whole of the entry fees owed, either at the time or retrospectively.
D. We reserve the right to cancel any or all entries made by any group of people acting in liaison in an attempt to defraud Us. This can include persons, relatives, organizations, bookmakers, and their employees. Should this occur, We shall reserve the right to close the respective accounts and also to retain any account balances therein. Where there is enough evidence of such activity by or for the same individual or syndicate of individuals, We reserve the right to cancel entries or withhold payment of prizes pending the outcome of any subsequent investigation.
E. We make every effort to ensure all prizes are paid in a timely and accurate manner. On the occasion of a prize being settled in error the settlement will be reversed. Should an account balance become negative as a result of prize resettlements We reserve the right to cancel any pending withdrawals or entries in order to clear out the negative part of the balance.
F. Where we have a strong reason to believe that an entry is placed after the outcome of a match is known, or after a participant or team has gained significant advantage, We reserve the right to cancel the entry.
G. If for any reason we are unable to validate the outcome of a particular competition, any related prizes will be cancelled and entry fees will be returned, unless settlement of prizes is already determined.
H. We cannot be held responsible for any typing or human error in respect to entry in competitions or Your performance in them.
I. You are responsible for reporting Your winnings and losses if such reporting is required by Your local law or tax authorities. It is Your responsibility to pay any tax or levy due on any winnings paid to You by us.
20. Offers & Promotions
A. Where any terms of an offer or promotion is breached by a customer or group of customers, We may reclaim any value provided to customer(s) or void any outstanding entries or prizes. In addition, where there is evidence of such activity, We may levy an administration charge on the customer up to the value of the offer or promotion to cover any administrative costs incurred in identifying and taking action against the activity.
B. We may reclaim any value awarded by an offer or promotion that has been awarded in error. If we credit funds to Your account in error, those funds are not available for use and we will void any transactions involving such funds. We reserve the right to, at any time, withdraw the relevant amount from Your account and reverse the transaction.
C. All promotions are limited to one per person. If We have reasonable grounds to suspect that a bonus or offer is being claimed by or for the benefit of the same person more than once or by a group of people then We may withdraw the availability of any offer or all offers to that customer or group of customers and/or void any entries funded by the bonus or offer and remove any prizes associated with the entries.
D. We may, at any time, make minor amendments to the terms and conditions of any offer or promotion to correct any human errors or to improve on clarity or customer experience and, for legal or regulatory reasons, may cancel any offer or promotion.