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Condition of Use
Chapter 1: General
Article 1: Definitions
- the private limited company Skillkingdom B.V., registered with the Chamber of Commerce in the Netherlands, number 66377439;
- a natural person not acting in the conduct of a profession or business and who has contacted Skillkingdom in order to create a Personal Account and to play Games on the Website. A natural person may play Games only if he or she is 18 (eighteen) years of age or older and has a Credit card, or is able to make payments using iDeal or PayPal. A Player is always allowed to play Free Game(s).
- the games accessible to the Player through the Website and with which, by means of skill, money can be won and/or lost by playing against other players.
- Free Game(s):
- the games which are accessible to the Player through the Website, in which no money can be won or lost.
- Personal Account:
- the Player’s personal account which gives the Player access to the Games and Free Games on the Website and in which the Player can see, among other things, details, results and the Wallet balance (in euros).
- held by the Personal Account, where the Player’s money (in euros), transferred by him or her, and/or won in the Game(s), by him or her, is held by Skillkingdom.
- Stake Amount
- the amount which is required in a Player’s Wallet, in order to access a Game. The Stake Amount can either be won (with a deduction of a 25% fee), or lost in the Game.
- Bank Account:
- the personal bank account of the Player at a bank in the country where the Player is established.
- Skillkingdom and the Player jointly;
- these Conditions of Use;
- the website https://www.skillkingdom.com which provides access to the Player’s Personal Account and on which the Games and Free Games can be played.
Article 2: Applicability
- The Conditions are applicable to all (legal) relationships between Skillkingdom and the Player where Skillkingdom acts as the (potential) provider of the Games, Free Games and holder of the Personal Account.
- In the event of inconsistency between translations of the wording of these Conditions or lack of clarity concerning them, the text in the Dutch language shall prevail at all times. The Dutch version of these Conditions shall be sent when requested.
- Should any provision of these Conditions be void or nullified, or if the Parties are unable to rely on it for any other reason, Skillkingdom shall be entitled to replace it with a valid and enforceable provision which shall as far as possible reflect the purpose and purport of the original provision. In that case, the other provisions shall remain in full force and effect.
Chapter 2: Provisions of an administrative nature
Article 3: Registration
- To be able to play the Games, the Player must create a Personal Account (free of charge) by using the registration form on the Website. To complete the registration process, all questions in the registration form must be answered truthfully. A Player may create 1 (one) Personal Account only.
- When registering, the Player must create a unique username. The user name to be used by the Player may not consist of an email address or URL, may not infringe the (intellectual property) rights of third parties and may not be contrary to public decency. Skillkingdom shall be entitled, without any prior warning, to refuse or change a username which does not meet these requirements.
- When registering, the Player must create a password. Thereafter, the Player may change the password at any time. The Player is required to keep his or her password secret and is advised to change it periodically.
- Skillkingdom is entitled to refuse a registration application without giving reasons.
Article 4: Personal Account
- The Personal Account is for personal use and is not transferable to third parties. The Player is not permitted to allow third parties to play Games using his or her Personal Account.
- To be able to play Games, the Personal Account must have the required Stake Amount as shown on the Website, for the specific Game the Player has selected, in its Wallet.
Article 5: Wallet
- Skillkingdom shall automatically credit any profits made in the Game(s) to the Wallet and debit any losses made in the Game(s) from the Wallet.
- Deposits by the Player to the Wallet shall be credited to the Wallet in euros only. Any withdrawals from the Wallet to the Player’s bank account will be in euros only.
- The maximum amount permitted to be deposited in the Wallet by the Player is €1,000. For as long as the amount in the Wallet is higher than €1,000, the Player shall not be permitted to deposit more money into the Wallet, and Skillkingdom shall bar the Player from doing so.
- The Player shall not be entitled to any interest on the amount in the Wallet.
Article 6: Deposits and Withdrawals
- In order to deposit money into the Wallet, the Player must log in to his or her Personal Account and go to the Wallet page on the Website. The Player will then be able to transfer money by making a deposit using the payment methods as shown on the Website. Each payment method has a certain deposit fee which is clearly shown to the Player on the Website’s Wallet page.
- Withdrawals from the Wallet will always be paid to the Bank Account linked to the Personal Account with a deduction of a transfer fee. The transfer fee is always clearly shown to the Player on the Wallet page on the Website. The Wallet page reflects when the withdrawal shall be executed by Skillkingdom.
- Where Skillkingdom discovers or suspects misuse of the Website or the Personal Account or any other form of fraud, it shall be entitled to investigate such and suspend execution of the withdrawal request(s) in the meantime. In the course of the aforementioned investigation, the Player shall be obliged to provide Skillkingdom with information immediately on request.
Article 7: Inactive Personal Account
- Where the Player has not used his or her Personal Account for more than 3 (three) months, Skillkingdom shall be entitled to send the Player an email informing him or her of this and give the Player the opportunity to, within two weeks: a) resume active use of his or her Personal Account; or b) have the existing balance in his or her Wallet transferred to the Bank Account linked to the Personal Account.
- Where the Player does not use his or her Personal Account within the period referred to in paragraph 1 and does not have the balance in the Wallet transferred to his or her Bank Account, Skillkingdom shall deduct the sum of €5 each month for maintenance costs from the Personal Account until the balance in the Wallet is zero.
Article 8: Misuse of the Website
- Any form of misuse of the Website or cheating by the Player is prohibited.
For example, a Player shall not be permitted:
- to create several Personal Accounts;
- to cheat, for example, by using software or other scripts, or by carrying out other actions which could disrupt the functioning of the Website, wrongfully influence the outcome of a Game.
- to collude with other Players with a view to affecting another Player adversely or obtaining an advantage in a Game in a dishonest way;
- to infringe other obligations arising from statutory provisions, the Conditions of Use and Rules of Play or the rights of others;
- to treat other Players discourteously or to insult them through the Website.
- If any form of infringement by the Player of the provisions of these Conditions of Use or any other form of wrongful conduct is discovered, Skillkingdom shall be entitled to freeze the Player’s Personal Account with immediate effect until further notice.
- Where a Player discovers or suspects misuse or cheating by another Player, the Player may notify Skillkingdom of this. Skillkingdom shall then be entitled, but not obliged, to take steps against the (cheating) Player concerned. The consequences of cheating shall, however, always be at the risk and expense of the Player violating these Conditions of Use. In no circumstances shall Skillkingdom be obliged to compensate the aggrieved Player for any damage or loss suffered, including lost profit, as a result of the cheating by another Player.
Chapter 3: Rules of play
Article 9: The Game (CoinBattle)
- On the Website, the Player may enter the Game. Currently Skillkingdom’s only Game is CoinBattle. The Rules of Play page for Coins battle is found on: skillkingdom.com/support/rules-of-play. The Rules of Play page reflects the way the Game is played, it’s rules, the way your Stake Amount is staked, and the way money is won or lost by the Player.
- The Player always play a Game under identical playing circumstances to those of his or her opponent(s) (such as the same level, obstacles, Stake Amount, rule sets, abilities etc.).
- Skillkingdom shall act simply as facilitator, giving Players the opportunity to play Games or Free Games against other Players. Skillkingdom has no influence whatsoever on the course of a Game or Free Game. Skillkingdom has no interest whatsoever in the outcome of a Game or the Player’s win or loss.
Article 10: Win or loss
- The Player shall be kept permanently informed, through his or her Personal Account, of the results of the Games he or she has played.
Chapter 4: Other provisions
Article 11: Liability
- Skillkingdom’s liability for the damage or loss suffered by the Player shall be limited to that which is laid down in the provisions of this article.
- Skillkingdom shall not be liable for any damage or loss of whatever kind arising because Skillkingdom acted on the basis of incorrect or incomplete details provided by the Player, including, but not limited to, the age and bank details of the Player, or as a result of a defective internet connection or hardware (including faults involving a computer, mouse or screen) on the part of the Player.
- Skillkingdom shall never be liable for the Player’s consequential loss (indirect loss). In this context, consequential loss shall be understood to mean, among other things, lost profit, losses suffered and costs incurred.
- Where the Player proves that the Player was disadvantaged in the Game because of a factor lying within the area of responsibility of Skillkingdom, for instance because of a bug in the Game or because there was no access, or only limited access, to the Website as a result of a malfunction experienced by Skillkingdom, the Player shall be offered the opportunity to be compensated with the Stake Amount within a reasonable period. In such a case, Skillkingdom’s liability shall be limited to the aforementioned obligation to offer the Player compensation for the Stake Amount. In no circumstances shall Skillkingdom be obliged to pay any other compensation for any damage or loss connected with that malfunction, including any missed profits.
- Should Skillkingdom nevertheless be proven liable, its liability shall be limited to the amount the Player has in his or her Personal Account at the time of the incident that resulted in liability.
- Skillkingdom shall rely on all legal means of defence it may invoke in order to avoid its being held liable in respect of the Player, including for the benefit of its directors and employees and those persons who are not its employees but for whose conduct Skillkingdom is liable under the law.
- Skillkingdom shall not guarantee that the Website, the Personal Account or the Games and Free Games will be permanently available to the Player. For example, Skillkingdom shall be entitled to take the Website offline temporarily for maintenance purposes. Skillkingdom shall make every effort to inform Players of planned maintenance work in good time.
- The services offered by Skillkingdom are permissible under Dutch law. Skillkingdom is not familiar with the content of legislation and regulations outside the Netherlands. Where a Player outside the Netherlands makes use of the services of Skillkingdom, the Player shall be personally responsible for checking whether the Player is entitled to make use of the services offered by Skillkingdom on the basis of local legislation or regulations. In no circumstances shall Skillkingdom be liable for any damage or loss suffered by the Player in that connection.
- The foregoing shall not affect Skillkingdom’s liability based on mandatory statutory provisions.
Article 12: Duration and termination of the agreement
- With the creation of the Personal Account, the Parties are entering into an agreement for an indefinite period of time. The Parties may terminate the agreement at any time without having to observe a notice period and the provisions of these Conditions of Use. The Player may indicate in his or her Personal Account his or her wish to transfer the balance to the Player’s Bank Account. The Player may contact Skillkingdom to terminate his or her Personal Account.
- Having regard to the provisions of Book 6, Section 230p(g) of the Dutch Civil Code, the right of withdrawal shall not apply to the agreement concluded between the Parties. As soon as a Player loses his or her Stake Amount in the Game, he or she shall waive any right to terminate and shall continue to owe the staked Stake Amount to Skillkingdom.
Article 13: Force Majeure
- Force majeure on the part of Skillkingdom shall be deemed to exist where Skillkingdom is prevented from meeting its obligations towards the Player as a result of circumstances which have arisen through no fault of Skillkingdom and which are beyond its control. They shall include, but are not confined to, cases of fire, water damage, flooding, government measures, import and export barriers, strikes, sit-ins, suppliers or subcontractors of Skillkingdom and other third parties engaged by Skillkingdom who do not meet their obligations or do not meet them in time, server malfunctions and disruptions to the supply of energy and water to Skillkingdom’s company.
- Without prejudice to the other rights of Skillkingdom, Skillkingdom shall be entitled, without any notice of default being required and without any obligation to pay compensation, to terminate the Player’s Personal Account if Skillkingdom is temporarily or permanently unable to perform all or some of its obligations properly as a result of a force majeure situation, or temporarily to refuse the Player access to the Personal Account for the duration of the force majeure situation.
Article 14: Intellectual property rights
Skillkingdom reserves all intellectual property rights to the Website, all content published on it, the Games and Free Games and the game concept. These data and items may not be copied or used other than in connection with the creation of a Personal Account and the playing of the Games and Free Games without the prior, express written consent of Skillkingdom.
Article 15: Applicable law and competent court
- Dutch law shall apply to the legal relationships of whatever kind between Skillkingdom and the Player.
- The Central Netherlands District Court shall have exclusive jurisdiction to hear all disputes between Skillkingdom and the Player unless this is contrary to the express requirements of mandatory law. Skillkingdom may depart from this choice of forum and apply the statutory rules governing jurisdiction.