$search = 'search/';

Last updated: June 3rd, 2020

1.GENERAL

By using the Madskil services consisting of the gaming-focused streaming website available at https://madskil.com/ and/or mobile application (the “Company Services” and “Company“, “we”, “us” or “our” respectively), you agree to be bound by the following terms and conditions, including our Community Guidelines, our Privacy Policy and any additional terms and policies attached or referred to from these terms and conditions (collectively: “Terms of Service”). Please read these Terms of Service and our Privacy Policy before using the Company’s Services.

These Terms of Service set out the terms and conditions that apply when you use our Services. Company reserves the right to update and change the Terms of Service at any time without notice.

By connecting to, accessing or using the Company Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you represent and warrant that you have read and understood the following Terms of Service and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Company Services, and you acknowledge that these Terms of Service constitute a binding and enforceable legal contract between you and the Company.

2. PROVISION OF COMPANY SERVICES BY COMPANY

  1. Your use of the Company Services is at your sole risk. The Company Services are provided on an “AS IS” and “AS AVAILABLE” basis.
  2. Company does not warrant that (i) the Company Services will meet your requirements or expectations, (ii) the Company Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Company Services will be accurate or reliable, (iv) any errors in the Company Services will be corrected.
  3. You understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or the Company Services, or other intangible loss, resulting from: (i) the use or the inability to use the Company Services; (ii) any changes which Company may make to the Company Services, or any permanent or temporary cessation in the provision of the Company Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Company Services; (v) or any other matter relating to the Company Services.
  4. You understand that Company can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Company Services.
  5. Company may stop, remove, modify, or add (permanently or temporarily) the Company Services (or features within the Company Services) at Company’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Company Services after any such changes constitute your consent to the changes.

3. INTELLECTUAL PROPERTY

  1. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names, and other intellectual property rights related thereto, including, but not limited to, the mobile device applications, and all other elements contained in the Company Services (collectively, the “Materials”) are the property of Company or its subsidiaries or affiliated companies and/or third-party licensors. These Terms of Service does not convey to you any interest in or to the Materials, but only a limited, revocable right of use in accordance with these Terms of Service and you acknowledge and agree that except for such limited right, under no circumstances do you acquire any right, title or interest to any part of the Materials, or any related materials. If you send us or otherwise share with us any ideas, comments, or suggestions regarding the Materials, you acknowledge and agree that we may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, approval or consent.
  2. You agree that Company owns all legal rights and intellectual property rights in the Services. You must not remove, modify or obscure any legal notices. You are not entitled to use Company’s trademarks, trade names, brands, domain names, or other distinctive brand features.
  3. With respect to any open source or third-party code that may be incorporated in the Company Services, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code. Nothing in these Terms of Service limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software.

4. YOUR USE OF THE COMPANY SERVICES

  1. You agree to use the Company Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. You agree that you will not impersonate another person.
  3. You agree that you will not engage in any activity that interferes with or disrupts the Company Services (or the servers and networks which are connected to the Company Services).
  4. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Company Services for any purpose without the express written permission by Company.
  5. You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Company may suffer) of any such breach.
  6. Your use of the Company Services is subject to, and you hereby agree to, the Company’s privacy policy, as available at https://madskil.com/privacy-policy/ and the Community Guidelines, as available at https://madskil.com/community-guidelines/.
  7. Company reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from the Company Services at Company’s sole discretion. You understand that by using the Company Services you may be exposed to content that you may find objectionable and that, in this respect, you use the Company Services at your own risk.
  8. You agree that you will not post or upload information or material to the Company Services, or use Company Services in connection with material, which:
    1. a reasonable person or user could deem to be: offensive, abusive, obscene, objectionable, defamatory, libelous, sexually explicit, threatening, advocating harassment or intimidation, racially or ethnically offensive or otherwise offensive to any group or individual, or promoting hatred or physical harm of any kind.
    2. promotes information that is false or misleading;
    3. promotes illegal activities;
    4. impersonates, or otherwise misrepresents affiliation, connection or association with any person or entity.
    5. infringes upon the intellectual property rights of any third party, including copyrights, trademarks, trade names, trade secrets or patents of such third party.
  9. You further agree that you shall not use the Company Services in any manner which introduces, or may be used to introduce, any security vulnerability or any malicious code that may compromise, impair or limit the integrity or performance of the Company Services, the Company infrastructure or operations, those of Company’s affiliates or partners, or any device, software, hardware or network.
  10. Company may require you to register for a user-account. You must ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your user-account and password. User-accounts registered by bots or other automated methods are not permitted.
  11. You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.
  12. You may not use our Services if you are under 18 years of age, or the under the equivalent age in which you are considered a minor in your jurisdiction, in which case you must not create an account, use any of our Services, or submit any personal information through the Services or to the Company.

5. YOUR ACCOUNT AND VIRTUAL ITEMS

  1. Regardless of any other statement in these Terms of Service, you do not own any account that you create on the Company Services, and your Account is not your property. Likewise, you do not own any tokens or other virtual items that you obtained through Company Services (“Virtual Items“), regardless of such Virtual Items were “earned” or “purchased” by you. Your Account and any Virtual Items are owned by the Company.
  2. Subject to these Terms of Service, Company hereby grants you a limited license and right to use the account in connection to your use of the Company’s Services. The Company may, at its sole and absolute discretion, delete or terminate accounts that are, for example, inactive, in violation of the terms of service or of applicable law.
  3. Any Virtual Items balance shown in your account does not equivalent currency, nor does it constitute a real-world balance or reflect any stored value.
  4. You are not allowed to transfer (nor will the Company recognize the transfers of) Virtual Items outside of the Company Services, for example by selling, gifting, or trading them. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, unless subject to the Company’s prior written authorization. Any such unauthorized transfer or attempted transfer is prohibited, shall be acknowledged by the Company, and may result in termination of your account.
  5. Virtual Items may be “earned”, “rewarded” or purchased on the Company Services, in several methods. When you make a purchase on the Company Services for Virtual Items, the payment page will let you know what is the price, and what are the payment methods you can use to pay when you make your purchase. When your purchase is complete, we may send you an email to confirm your purchase.
  6. Subject to these Terms of Service, your purchase request represents an offer from you to us, to obtain a limited license and right to use the relevant Company Services and/or the Virtual Items. Your offer will be considered accepted by us when we receive your payment. At that point, the limited license begins. REQUESTS TO ACQUIRE SUCH A LICENSE AND RIGHT TO USE VIRTUAL ITEMS ON OUR SERVICES ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

 6. USER CONTENT

  1. Without derogation from any of the above or below provisions, If you post, publish, transmit, or upload user content to the Company Services (“User Content“), you agree that it will be: accurate; not confidential; not in violation of law; not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content; free of viruses, adware, spyware, worms, or other malicious code; in compliance with our Terms of Use.
  2. Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you give Company a perpetual and irrevocable (other than as specifically stated otherwise herein), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).
  3. We have the right to edit, refuse to post, or remove any of your User Content at our sole discretion and without notice. Furthermore, if we believe that the User Content does not comply with these Terms of Use or any of our applicable terms and policies, we also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
  4. If you request the deletion of your User Content we will take reasonable steps to remove it. However, please take into account that User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.
  5. When you post, publish, or transmit User Content on the Company Services, we cannot guarantee that other players will not use such User Content or the ideas and information that you share. If your User Content contains anything you would like to keep confidential and/or don’t want others to see or use, don’t post it. THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY PERSON OR ENTITY’S USE OR APPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY OF THE COMPANY’S SERVICES.
  6. The Company is under no obligation to monitor the Services for inappropriate or illegal User Content, or for the conduct of its Users. The Company shall not be responsible for information, materials, products, or services provided by users of the Company Services.
  7. However, if you become aware that someone is violating these Terms of Service, or otherwise misusing the Company Services, please report to us using the following email address: info@madskil.com

7. COPYRIGHT POLICY

  1. In the appropriate circumstances and under our sole discretion, we may disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, we will respond to claims of copyright infringement committed using the Services that are reported to us, as provided below.
  2. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any material or content made available on or through the Services has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control, please report the alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement (“Notice“) and delivering it to us using the details below. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, as we deem appropriate, including removal of the challenged material from the Service.
  3. You can submit a Notice by providing the following information to our designated copyright agent:
    1. A description of the copyrighted work that you claim is being infringed;
    2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
    3. Your address, telephone number, and email address;
    4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
    5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
    6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
  4. Deliver this Notice, with all items completed, to our designated copyright agent, using the following methods:
    • By email: guy@madskil.com
    • By post: Madskil Gaming Ltd. 111 Arlozerov st. Tel Aviv, Israel

8. PRIVACY

  1. During your use of the Company Services, Company may collect certain data, including personal data, as detailed in our Privacy Policy, which constitutes an integral part of these Terms of Service.
  2. The Company Services require you to grant certain device permissions in order to perform and improve the Company Services. Company may also use the information obtained through your use of the Company Services to develop and improve other services offered by Company. For more information please read our Privacy Policy.
  3. By using the Company Services, you confirm you have read and agreed to our Privacy Policy and consent to our use of your personal data as described therein.

9. LIMITATION OF LIABILITY; WARRANTIES; INDEMNIFICATION

  1. THE COMPANY SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE COMPANY SERVICES SHALL MEET YOUR REQUIREMENTS OR NEEDS, OR THAT THE COMPANY SERVICES’S OPERATION SHALL BE UNINTERRUPTED OR ERROR FREE. THE COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES UNDER THIS TERMS OF SERVICE, AND HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, RELATING TO THE COMPANY SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  2. IN NO EVENT SHALL COMPANY, WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THE COMPANY SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
  3. Under no circumstances will Company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or content posted in or transmitted to the Company Services. Any advice, information or content appearing on the Company Services is entirely for entertainment purposes only. Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Company Services.
  4. You agree to indemnify, defend, and hold the Company, its affiliates and their respective directors, officers, employees, and agents (collectively “Indemnified Parties”) harmless from and against any losses arising out of any lawsuit, action, claim, demand, administrative action, arbitration, or other legal proceeding brought or asserted against any Indemnified Party as a result of or in connection with: (a) your breach or alleged breach of any covenant or representation, or any of the terms herein; or (b) any violation of applicable law by you.

10. GENERAL

  1. Failure to exercise or enforce any right or provision of the Terms of Service by Company shall not constitute a waiver of such right or provision.
  2. Violation of any of the Terms of Service can result in the termination of your account or access to the Company Services. Violation of any of the terms may also terminate your license and usage rights of Virtual Services and any Company Services.
  3. If a provision of these Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of the Terms of Service; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of the Terms of Service.
  4. These Terms of Service constitute the entire agreement between you and the Company and replace all previous Terms of Services under this title. There are no verbal subsidiary agreements, terms or conditions.
  5. These Terms of Service, and your relationship with the Company under the Terms of Service, shall be governed by the laws of the State of Israel. You and the Company agree to submit to the exclusive jurisdiction of the courts located in Tel Aviv, Israel, to resolve any legal matter arising from the Terms of Service.
  6. If you have any questions, don’t hesitate to reach out to us at: contact@madskil.com.