Skirmish Limited Terms and Conditions

 

 

IMPORTANT:  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, THE SERVICES AND THE SOFTWARE (EACH TERM AS DEFINED BELOW).

 

These terms and conditions govern Your use of the Website, the Software and the Services.

Skrmiish keeps its Terms and Conditions under regular review and places any updates on this web page. These Terms and Conditions were last updated on 03 February 2021.

If You do not agree to these terms and conditions please do not continue using the Services.  Your continued use of the Services is acceptance by You of these terms and conditions.  You acknowledge that Your failure to comply with the terms and conditions and/or Privacy Policy may result in disqualification from use of the Services, Account closure, forfeiture of funds and/or legal action against You as deemed appropriate and as more particularly detailed below. 

We may modify or update these terms and conditions and/or the Privacy Policy from time to time.  The most up to date version of the terms and conditions in force at any time can be accessed at www.skrmiish.comWe encourage You to visit the Website regularly and check the terms and conditions in force at such time.  Your continued use of the Website, Software and/or the Services is deemed acceptance of the updated or amended terms and conditions.  If You do not agree with any changes made from time to time you should cease to use the Services, Software and/or the Website.  

These terms and conditions together with our Privacy Policy (collectively the “terms and conditions”) constitute the entire agreement between You and Us regarding Your use of the Website, the Software and the Services.  Any promotional terms and conditions are subject at all times to these terms and conditions and in the event of conflict these terms and conditions will prevail.

In the event that these Terms and Conditions are translated into another language, the English language version shall prevail.

 

 

1.            Definitions

In these terms and conditions the following words and phrases have the meanings provided below: 

 

1.1          “Account” means any account provided by Skrmiish that You create, in accordance with clause 5 of these terms and conditions, to access the Services.

 

1.2          Account Holder” means any individual that has opened an Account in accordance with clause 5 of these terms and conditions. 

 

1.3          “Device” means your application access device including, without limitation, your desktop or laptop computer, mobile phone, personal digital assistant, tablet or any other type of portable or mobile device now existing or hereafter devised.

 

1.4          “Entry Points” means the LP amount, determined by the Player initiating a Match, which is contributed by such Player and other Players to participate in a Match and which form an overall LP prize.  

 

1.5          “Game-Play” means the games offered on the Platform;

 

1.6          “Holding Company” means Skirmish Global Limited, a company registered in the Isle of Man with number 016790V;

 

1.7          “LP” or “Leaderboard Points” means the in-Platform points system used by Players to play Matches.  The LP is not legal tender and cannot be purchased, withdrawn or converted to anything with any real world intrinsic value.

 

1.8          “Leaderboard” means the scoreboard which records the number of Leaderboard Points earned by Players;

 

1.9          Matchmeans the competitions in Game-Play which are initiated and joined by Skrmiish Affiliates and/or Players and facilitated by Skrmiish.

 

1.10       “Platform” means the platform hosted by Skrmiish upon which the Players play the Matches;

 

1.11       “Player(s)” means Account Holder(s) playing in and/or participating in a Match and includes Skrmiish Affiliates.

 

1.12       “Premium” means content and prizes that are only accessible by Players and Skrmiish Affiliates with an active Subscription;

 

1.13       “Privacy Policy” means our privacy policy which also governs your use of the Services and is incorporated herein by reference. The current version is available on our Website.   

 

1.14       “Season” means a season of Matches culminating in a Tournament;

 

1.15       “Services” means, any website, device, platform, content, and other related products and services provided by Skrmiish and Skrmiish Affiliates, including without limitation, the facilitation or joining of any Match, and also including but not limited to, any titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, chat transcripts, profile information, recordings of games played using a Skrmiish game client, and Skrmiish game clients and server software. 

 

1.16       “Skrmiish” means, Skirmish Limited, a company registered in the Isle of Man, with registration number 016738V and registered office c/o Optimus, St Mary’s, The Parade, Castletown, Isle of Man, IM9 1LG.  References to “Us,” “We,” or “Our” means Skrmiish, including any and all subsidiaries, holding companies, and other corporate entities under common ownership and/or any of their consultants, employees, officers, and directors.

 

1.17       “Skrmiish Affiliate” (or “Skrmiish Affiliates”) means Streamer that has concluded a Streamer Advocacy Agreement with Skrmiish.

 

1.18       Skrmiish Brand” means the commercial branding and other trademarks of the Holding Company.

 

1.19       “Software” means any and all software that We provide or make available to You, regardless of the medium, and whether it is downloadable by You to your Device or not.

 

1.20       “Streamer” means a Player that broadcasts their game-playing in real time;

 

1.21       “Streamer Advocacy Agreement” means the agreement entered into between Skrmiish and the Streamer;

 

1.22       “Subscription” means a Player's 30-day renewable subscription to Skrmiish Premium content;

 

1.23       “T&Cs” means the terms and conditions recorded in this document;

 

1.24       “Territories” means the territories where Skrmiish is permitted to offer its Services.

 

1.25       “Tournament” means a series of Matches at the end of a Season hosted by Skrmiish which are played by that Season’s top-performing Players with the winner being awarded the Tournament Prize;

 

1.26       “Tournament Prize” means the cash prize that is awarded to the winner of a Tournament;

 

1.27       “User Content” means, any and all data that You upload, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.

 

1.28       You” and “Your” and “Yourself” means you as the person using the Website, the Software and/ or the Services.

 

 

 

2              Intellectual property and grant of Licence

 

2.1          Subject to these terms and conditions, Skrmiish grants You a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable right to install and use the Software to access and use the Services for Your own private personal use. You agree that You will not use the Services for any other purpose. You acknowledge that in order for Skrmiish to provide You with the Services, it is necessary for Us to also provide related functionality, such as analytics, measurement, ad personalization, financial transaction processing, fraud prevention, identity checks, security measures, marketing, and customer support.

 

2.2          Any use of the Services in violation of any applicable laws, these terms and conditions, or any limitations to the licence provided in these terms and conditions is strictly prohibited, and may result in the immediate revocation of Your licence at Skrmiish’s sole discretion.

 

2.3       Skrmiish is the sole holder of all rights in the Software and the Software's code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:

 

2.3.1    copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;

 

2.3.2    sell, assign, sublicense, transfer, distribute or lease the Software;

 

2.3.3    make the Software available to any third party through a computer network, Device or otherwise;

 

2.3.4    export the Software to any country (whether by physical or electronic means); or

 

2.3.5    use the Software in a manner prohibited by applicable laws or regulations,

 

(each of the above is an "Unauthorised Use").

 

2.4         The Software and the Services available via the Website and/or through Devices are protected by copyright, trademarks and other forms of intellectual and proprietary rights. All right, title and interest in and to the Software and Services are owned, licensed and/or controlled by Us and Our licensors (including any third party providers or Skrmiish Affiliates)Skrmiish and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to You hereunder and retain all rights, title and interest in and to the Software.

 

2.5         You agree that You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by You of any Unauthorised Use.  You shall notify Us immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide Us  with reasonable assistance with any investigations it conducts in light of the information provided by You in this respect.

 

2.6         The Skrmiish Brand and our other trademarks on the Website belong exclusively to Us and/or Our licensors and You do not have any right to use such. You shall not use, register, attempt to register or assist any third party in using, registering or attempt to register any name, mark or device which is similar to the Skrmiish Brand or any other of Our trade marks.

 

2.7         You acknowledge and agree that the Software provided on the Website and/or through Devices or otherwise, are owned exclusively by Us and/or Our licensors and are protected by copyrights, trade mark rights and other forms of intellectual and proprietary rights. You hereby acknowledge that the structure, organisation and source code of the Software is a valuable trade secret of Skrmiish. You acknowledge that save for the rights granted to You in accordance with the Licence, You do not acquire any rights or interests whatsoever in the Software and/or the Software user documentation.

 

2.8         Upon the termination of these terms and conditions with You and/or closure of Your Account for any reason, the licence issued to You under these terms and conditions shall terminate automatically and You must stop using the Software and uninstall it from Your Device.

 

 

 

3             Account Holder Conduct

 

3.1         All Players are expected to follow a reasonable, common sense code of conduct when using the Services.  Players are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking or other misuse of the Services.  Rights of other Players should be respected.  By accepting these terms and conditions You agree that You will not directly or indirectly:

 

3.1.1     partake in any activity or action that Skrmiish deems to be against the spirit or intent of the Services or these terms and conditions;

 

3.1.2     copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;

 

3.1.3     lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;

 

3.1.4     delete, alter, or obscure any trademarks or other proprietary rights notices from copies of materials from the Services;

 

3.1.5     attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Skrmiish itself or Skrmiish Affiliates;

 

3.1.6     organise or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Skrmiish;

 

3.1.7     initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services;

 

3.1.8     use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Software, Accounts, or the Services;

 

3.1.9     use or access services to obtain, generate, or infer any business information about Skrmiish or Skrmiish Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;

 

3.1.10   promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Software or Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying Skrmiish;

 

3.1.11   make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation other Players, celebrities and Skrmiish employees;

 

3.1.12   attempt to gain unauthorised access to Services or Accounts not belonging to You;

 

3.1.13   use the Services where it is prohibited by law.

 

 

 

4      Accounts

 

4.1  In order to utilise the Services You will need an Account.

 

4.2  To open an Account and become an Account Holder You will be asked to supply Us with Your name, surname, date of birth, email address, country and telephone number (“Personal information”) Skrmiish is required to do a Global Positioning Check (GPS) check to verify that you are in an eligible country and or state to be able to utilise the Skrmiish Services. 

 

4.3  You agree to provide all relevant Personal Information to Us including your GPS coordinates on opening of Your Account and it is Your responsibility to ensure that your Personal Information is kept up to date to utilise the Services.  You may update your Personal Information as required from time to time through the Services.  

 

4.4  For information relating to Our collection of and processing of Your personal information please refer to Our Privacy Policy. 

 

4.5  You may only have one Account.  If it is discovered that You have registered multiple Accounts, are sharing Accounts with another individual, or are otherwise accessing the Services through an account that is not Your own, all Accounts affected by such use shall be terminated, and any Tournament Prize associated with that Account may be forfeited to Skrmiish.

 

4.6  In opening an Account with Us, You warrant that:

 

4.6.1     You are at least 17 old;

 

4.6.2     You do not reside outside of the Territories;

 

4.6.3     Your actions are not restricted by limited legal capacity;

 

4.6.4     You are not acting on behalf of another person and You are registering as an Account Holder in Your personal capacity;

 

4.6.5     You will use the Services solely for personal entertainment and not use the Services as a way of conducting a commercial business or as a way of making a living;

 

4.6.6     this is the only Account that You have opened ; 

 

4.6.7     You have given accurate and up-to-date Personal Information;

 

4.6.8     You are permitted in terms of the laws of Your country of residence to participate in the Services including any associated Matches and Tournaments.  On request by Us, You will provide proof of your eligibility to participate in a Match or to utilise the Services; and

 

4.6.9     You have not previously been prohibited from utilising the Services.

 

4.7  Each Account may only be used by one person. You must take all necessary steps to protect the secrecy of Your log-in information. Your Account may be terminated if someone else uses it.  You must immediately notify Skrmiish of any unauthorised use of Your Account or any other such breach of security at dpo@skrmiish.com. Skrmiish shall not be responsible to You for any loss or harm that results from an unauthorised person accessing your Account.

 

4.8  Any actions taken through Your Account where the correct log in details have been used will be considered binding to You. 

 

4.9  Skrmiish may permanently delete Accounts that are deemed inactive. Accounts shall be deemed inactive when they have not been used for One Hundred and Eighty (180) days.

 

4.10       You acknowledge that if Your Account is deleted then You may lose access to any information associated with that Account. If You wish to delete Your Account, please alert Skrmiish by sending Notice to the following contact: deletemyacc@skrmiish.com

 

4.11       No matter what else is said in these terms and conditions or anywhere else within the Services, You expressly acknowledge that You have no right, title, or interest to or in any Account You create through Our Services, and Your Account is not Your property. Your Account is owned by Skrmiish and is licensed to You on a limited basis in accordance with these terms and conditions.

 

4.12       If You are a parent and believe Your child may have created an Account, contact us with details of that Account at help@skrmiish.com to remove it.

 

 

 

5      How it works

 

5.1  Players may purchase a Subscription.  The Subscription may be purchased multiple times and with the purpose of gifting.

 

5.2  Skrmiish hosts a Platform which enables Players to participate in Matches.

 

5.3  At the beginning of each Season, Skrmiish will load each Account with an equal number of LPs.

 

5.4  The LPs are used to cover the Entry Points to participate in Matches.  The Entry Points for a Match are set by the Player initiating the Match.  At the beginning of the Match, the Entry Points will be deducted from the LP in Your Account.

 

5.5  Players may earn additional LP based on the outcome of the Matches.  The outcome of a Match is determined by a Player’s skill.

 

5.6  The additional LP which may be earned on the outcome of a Match will be disclosed prior to the commencement of each Match. 

                                                                  

5.7  On determination of the Match result, the additional LP earned will be recorded on the applicable Leaderboard.

 

5.8  Skrmiish may elect at the end of a Season to award a cash prize to the Players with the most LP.

 

5.9  From time to time, Skrmiish may at its sole discretion elect to host a Tournament.

 

5.10       At the end of the Season Skrmiish will reset the LP of each Player to the original number and the competition will continue.

 

5.11       The winner of each Match is determined by the individual skill of Players and not by chance. 

 

5.12       Skrmiish will have the sole and absolute discretion to verify the result of any Matches which it hosts and the award of additional LP. You as a Player agree to be bound by this verification.

 

5.13       Should LP be incorrectly recorded on an active Leaderboard in which You are participating, it is Your responsibility to inform Us without delay.  If any LP are mistakenly credited to an Account, Skrmiish may reverse this award at its own discretion.  

 

5.14       In the event of a contravention of these T&Cs, Skrmiish reserves the right, in its sole discretion, to terminate Your Account.

 

 

 

6      Skrmiish Affiliate

 

6.1  A Skrmiish Affiliate may promote, administer, initiate or conduct a Match on, through or utilizing the Services.  If a Skrmiish Affiliate chooses to promote, administer, initiate or conduct a Match, the Streamer must adhere to the following rules:

 

6.1.1     the Skrmiish Affiliate may initiate a Match to the extent permitted by applicable law and is solely responsible for ensuring that the Match complies with any and all applicable laws, obligations and restrictions;

 

6.1.2     the Skrmiish Affiliate will be classified as the host and promoter of that Match or Leaderboard and will be solely responsible for all costs and expenses related to that Match or Leaderboard, including, without limitation the establishment and payment and/or distribution of prizes, where applicable and selecting prize winners..

 

6.1.3     Skrmiish reserves the right to cancel the Skrmiish Affiliate -hosted Match, if in the discretion of Skrmiish, it does not comply with the Terms and Conditions, the Streamer Advocacy Agreement or applicable law.

 

6.1.4     The Skrmiish Affiliate will display or read out the following disclaimer when promoting, administering or conducting a Match: “This is a promotion by ______ (the Streamer).  Skrmiish is not responsible for the award or distribution of any prizes relating to this Match.”

 

 

 

7      User Content

 

7.1  We assume no responsibility or liability for the conduct of any Account Holder including and Skrmiish Affiliate or Player submitting any User Content, and assume no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. Skrmiish is unable to pre-screen or monitor all User Content and We will not do so. Your use of the Services is at Your own risk, and You are solely responsible for any User Content that You post.

 

7.2  When You transmit or upload User Content, you agree to abide by the following rules:

 

7.2.1     all content will be accurate, complete, and free from fraud and deception;

 

7.2.2     all content will be free of any Intellectual Property Rights infringement;

 

7.2.3     all content will be free from obscenity, threats, defamation, invasion of privacy, and other injuries to third parties;

 

7.2.4     all content will be in compliance with these terms and conditions;

 

7.2.5     all content will not be in violation of any law, contractual restrictions, or other parties' rights;

 

7.2.6     all content will be free of viruses, adware, spyware, worms, or other malicious code;

 

7.2.7     all content will be free of spam, commercial solicitation, chain letters, and mass mailings.

 

7.3  All User Content that You post will be considered non-confidential. Skrmiish will only share Personal Information that You provide in accordance with the Privacy Policy. Skrmiish is not responsible for any other user or third party’s use or appropriation of any User Content that You have submitted through the Services.

 

7.4  You hereby grant Skirmish a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, Your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with Our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to You or any third party. Accordingly, You grant to Skirmish and Skrmiish Affiliates all licenses, consents, and clearances necessary to enable Skrmiish to use User Content for such purposes. You also hereby grant to Skrmiish the right to authorise others to exercise any of the rights granted to Skrmiish under this clause. You further hereby grant to Skrmiish the unconditional, irrevocable right to use and exploit Your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by law, You waive any rights of attribution and/or any moral rights You may have in your User Content, regardless of whether Your User Content is altered or changed in any manner. Skrmiish does not claim any ownership rights in your User Content and nothing in these terms and conditions of Service is intended to restrict any rights that You may have to use and exploit Your User Content.

 

 

 

8      Service Availability and Termination

 

8.1  You acknowledge that:

 

8.1.1     We may, in Our sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;

 

8.1.2     right to entry to a Match is strictly reserved to persons resident in the Territories.  Should we have any suspicion relating to the legality of Your Account, then Skrmiish has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts and any and all funds related to Your Account at any time, for any reason, without notice and without liability to You;

 

8.1.3     access to the Services may be interrupted for reasons within or beyond the control of Skrmiish, and that Skrmiish cannot and does not guarantee You will be able to use the Services whenever You wish to do so;

 

8.1.4     We may not offer the Services in all countries or geographic locations;

 

8.1.5     You are solely responsible for any internet connection and mobile fees that You may incur as a result of using the Services.

 

 

 

9      No warranty and limitation of liability

 

9.1        Skrmiish disclaims any and all warranties, expressed or implied, in connection with the Services which are provided to You on an “as is” and “as available” basis. Skrmiish makes no warranties or representations of any kind, express or implied, as to the operation, quality, fitness for purpose, completeness or accuracy of the Services.

 

9.2        Regardless of Our efforts to provide You with Services and Software of the highest quality, safety and security, We make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Website shall be free from viruses, bugs or other contaminants.

 

9.3        Skrmiish reserves the right to suspend, discontinue, modify, remove or add to the Software or the Services in its absolute discretion with immediate effect and without an obligation to provide You with notice where We consider it necessary to do so, including (for example) where We receive information that You have entered into any self-exclusion agreement with any gambling provider or where We deem it necessary for the management, maintenance or update of the Software and We shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Skrmiish in this regard.

 

9.4        Under no circumstances, including negligence, shall Skrmiish or any Skrmiish Affiliate or any of its licensors (including Third Party Providers) be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Software or the Services, even if Skrmiish had prior knowledge of the possibility of such damages.

 

9.5        Nothing in this Agreement shall exclude or limit Skrmiish’s liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.

 

 

 

10   Indemnity

 

10.1     You agree to defend, indemnify and hold harmless Skrmiish and its shareholders, employees, directors  from and against all claims, demands, liabilities, damages, losses, costs, fees, or expenses (including but not limited to legal fees and expenses) that arise under, from or in any way, directly or indirectly, relate to:

 

10.1.1  Your breach of any provision of these terms and conditions;

 

10.1.2  Your use of the Services or use by any other person accessing the Services using Your correct log-in details, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and

 

10.1.3  violation by You of any applicable law or any third party rights (including but not limited to Intellectual Property Rights).

 

 

 

11   Disputes and complaints

 

11.1     If You have any questions about the Software, Website or the Services, or in the event that You have any complaint or dispute regarding the Services, You should in the first instance email our customer services team at support@skrmiish.com. We will try to resolve Your complaint via our escalation procedure.

11.2     In the event of a dispute regarding the outcome of a Match or Tournament, Skrmiish may request that Players provide additional evidence, including but not limited to photo or video evidence of Match or Tournament results by means of the Skrmiish website. If You believe there has been a mistake with respect to any distribution of any prize, please email us at: disputes@skrmiish.com.

 

 

12   Miscellaneous

These terms and conditions shall be governed by and construed and interpreted in accordance with the laws of the Isle of Man.