Terms of use

1. Scope and definitions

1.1. For the use of the offer of https://tiebreak.one/ (hereinafter referred to as “Website”), which is operated by LCGP Charge Gaming UG (haftungsbeschränkt), Schmiedeberger Str. 37, 01277 Dresden, Germany (hereinafter referred to as “OPERATOR”), by the User (hereinafter referred to as “User”), these Terms of Use apply.

1.2. Contradictory, deviating or supplementary terms of use shall not become part of the contract unless OPERATOR expressly agrees to their validity. These Terms of Use shall also apply if OPERATOR performs services without reservation in the knowledge of terms and conditions of the User that contradict or deviate from these Terms of Use.

1.3. The version of the OPERATOR’s Terms of Use valid prior to the use of the services shall be authoritative.

1.4. These Terms of Use shall also apply to all future service relationships between the OPERATOR and the User (in connection with the offered subject matter of the service) without the need for express inclusion.

2. Website

2.1. OPERATOR operates the Website, an online platform for e-sports tournaments and leagues. Users have the opportunity to register for participation in an e-sports tournament or league applicant (hereinafter “Participation”).

2.2. The Website can be visited without registration. With regard to the application for Participation and the registration required for this purpose, reference is made to the provision in section 3 and with regard to the Participation fee to section 4.

3. Registration, use, access authorization, cancellation, technical requirements

3.1. The registration of the User is a prerequisite for Participation. With regard to the costs of Participation, reference is made to Section 4. Registration is subject to acceptance of these Terms of Use and the Privacy Policy and requires the truthful provision of the required data, in particular the deposit of payment details. Registration in the name of a third party – regardless of the third party’s consent – as well as multiple registrations of a User under different names are not permitted. OPERATOR expressly reserves the right to verify the data provided during registration by appropriate measures. With the confirmation of the registration by OPERATOR, a contract on the Participation (hereinafter referred to as “User contract”) is concluded between OPERATOR and the User. Registration requires the User to be at least 18 years of age. There is no entitlement to the conclusion of a User contract.

3.2. The User must keep his access data for the respective tournament secret at all times, in particular the password chosen by him, and prevent any access to the Website by third parties by taking appropriate measures. The User is obliged to inform OPERATOR immediately if there are any indications that the access data may be used without authorization. The User is liable for any misuse.

3.3. The User is entitled to cancel his Participation during the registration phase. In the event of an effective cancellation, the User will be refunded any Participation fee already paid.

3.4. Participation requires a sufficient internet connection as well as the availability of the equipment that is the subject of the competition (e.g. console or PC, monitor, controller, software, etc.). The players themselves are responsible for the existence of these technical requirements and the execution of the online games.

4. Participation fee

4.1. Participation is usually subject to a fee.

4.2. The amount of the Participation fee results from the respective announcement.

5. Terms of payment, settlement modalities, default of payment

5.1. The invoice amounts for the Participation are to be paid in advance and are due immediately.

5.2. Payment is possible via PayPal. The User has to provide the required data when concluding the membership.

5.3. All billing modalities (e.g. invoice) shall be transmitted electronically via the e-mail address provided by the User. The User hereby expressly agrees to this.

5.4. In case of default of payment (especially by return debit note), the OPERATOR is entitled to block the User for Participation.

6. Profits

6.1. Winners of any prizes offered (hereinafter referred to as “Prize” or “Prizes”) will be notified by e-mail and informed about the further modalities of prize redemption and prize handover. The Prizes will be determined in accordance with the stipulated conditions (the specific conditions or prizes can be found in the respective announcement).

6.2. If Participation is not feasible for reasons within the User’s sphere of influence, the claim to the Prize shall be forfeited. The prize will not be paid out or the claim will lapse if the Prize offered is subject to a certain age limit according to the regulations for the protection of minors and the winner has not reached this age limit. The claim to the Prize shall also be forfeited if the winner does not respond within five (5) days of being notified and/or the winner cannot be reached under the details provided. Winnings and entitlements to participate are not transferable.

7. User behavior

7.1. The User is responsible for ensuring that the content he or she enters (e.g. team logo) does not infringe the rights of third parties and does not violate statutory provisions (e.g. the Criminal Code) and/or morality. In particular – but not conclusively – unconstitutional, inciting, defamatory, racist and/or child pornographic content and/or statements are not permitted. In such cases, the OPERATOR expressly reserves the right to take criminal action against the User, without prejudice to the rights under section 7.3.

7.2. In particular, the following conduct by the User is prohibited:

  • obtain someone else’s login credentials or access an account that belongs to another User;
  • insult, defame, bully, intimidate or harass third parties;
  • enter content that violates applicable law, is abhorrent or threatening, or incites or contains violence;
  • use the Website or Participation to perform any unlawful, misleading, malicious or discriminatory act;
  • perform any action that could block, overload, or impair the proper working of the Website;
  • inadequate protection of access;
  • other misuse of the services of OPERATOR.

7.3. In the event of a breach of the provisions of these Terms of Use, in particular the aforementioned obligations, OPERATOR shall be entitled, without further notice, in particular to immediately block the User temporarily or permanently, delete the respective content and exclude the User from the Website by extraordinary termination of the User contract. OPERATOR expressly reserves the right to assert further claims, in particular a claim for damages.

8. Contract period, termination, deletion of the account

8.1. The contract period is valid for the duration of Participation.

8.2. OPERATOR is entitled to terminate the User contract for good cause (extraordinary termination). Good cause shall be deemed to exist in particular in the event of a violation by the User pursuant to Section 7.3.

9. Website availability

9.1. OPERATOR strives for a high availability of the Website. However, the User is aware and agrees that the following times in particular may limit the availability of the Website:

  • Periods of unavailability due to Internet disruptions beyond the control of OPERATOR or due to other circumstances beyond the control of OPERATOR, in particular force majeure;
  • Periods of unavailability due to maintenance work on the Website.

10. Liability

10.1. OPERATOR shall be liable, irrespective of the legal grounds, within the scope of the statutory provisions only in accordance with the following clauses:

10.2. OPERATOR shall be liable without limitation for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence of OPERATOR or one of its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee or warranted characteristic given by OPERATOR or due to fraudulently concealed defects.

10.3. OPERATOR shall be liable, limited to compensation for the foreseeable damage typical for the contract, for such damage that is based on a slightly negligent breach of material contractual obligations by OPERATOR or one of its legal representatives or vicarious agents. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on.

10.4. Liability in accordance with the Product Liability Act remains unaffected.

11. Exemption

With regard to the information, images and/or other content published by him, the User shall indemnify OPERATOR against all claims asserted by entitled persons or third parties against OPERATOR due to infringement of their rights. This includes in particular the costs of the necessary legal defense of OPERATOR including all court and attorney fees in the statutory amount. The above does not apply if the User is not responsible for the infringement. In any case, the User is obliged to inform OPERATOR immediately, truthfully and in full in the event of a claim by a third party in order to enable a complete examination of the claims.

12. Data protection, secrecy

12.1. The processing of personal data (in particular the name and address, e-mail address of the User) is always in accordance with the European Data Protection Regulation and in compliance with the country-specific data protection provisions applicable to OPERATOR. Reference is made to the data protection provisions, which can also be accessed at https://tiebreak.one/privacy-policy.

12.2. The contracting parties undertake to treat as confidential any information from the other party’s sphere of activity that becomes known to them in the course of the performance of the contract.

13. Mandatory information for consumers

13.1. The OPERATOR grants customers who are consumers a right of withdrawal in accordance with the following cancellation policy.

A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (LCGP Charge Gaming UG (haftungsbeschränkt), Schmiedeberger Str. 37, 01277 Dresden, Germany, Email: hello@tiebreak.one) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

To: LCGP Charge Gaming UG (haftungsbeschränkt), Schmiedeberger Str. 37, 01277 Dresden, Germany

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of notification on paper)

Date

 

(*) Delete as applicable.

13.2. As an online company, OPERATOR is obligated to refer the customer as a consumer to the online dispute resolution platform (ODR platform) of the European Commission. This OS platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, the OPERATOR does not participate in a dispute resolution procedure before a consumer arbitration board.

14. General provisions

14.1. You can view these Terms of Use at https://tiebreak.one/agb. In addition, you can print or save this document by using the usual function of your internet service program (=browser: there mostly “File” -> “Save as”). You can also download and archive this document in PDF format. To open the PDF file you need the free program Adobe Reader (at adobe.com) or comparable programs that can handle the PDF format.

14.2. Place of performance is Dresden, Germany. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts shall also be Dresden.

14.3. All disputes arising in connection with the use of the Website, regardless of the legal reason, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding all provisions of conflict of laws that refer to another jurisdiction. The application of the U.N. Convention on Contracts for the International Sale of Goods is excluded.

 

Status: May 21, 2021