This Agreement (“T&C”) shall constitute the terms and conditions of use for the subscription and operation of an account on the site http://www.arena.world and shall be binding upon the owners of http://www.arena.world (hereinafter “Arena”, “We”, “Our”) and the person requesting an account to be able to use the site (hereinafter the “User”, “You”, “Your”). Arena and the User shall be hereinafter also be referred to individually as a “Party” and collectively as the “Parties”.
1. AGREEMENT SCOPE
This Agreement is being entered into by the Parties in order to regulate each Party’s rights and obligations in terms of the usage of the Services offered by the Company. The Terms and Conditions herein shall establish the limitations and regulate the Skill Challenge Account held with Us and bind you with any further Rules applicable to the Challenges and any payment obligations in force from time to time.
Account - Shall mean and refer to the account held by any individual in order to access the Services.
Application - Shall mean and refer to Arena World application which is available on Internet applications portals available through portable devices. (including Smartphones, Notebooks, and other electronic means sustaining such portals or which can operate such applications).
Arena - Shall mean and refer to Arena World, as a trade and trademark, owned by the Company.
Arena World - Shall mean and refer to the Trademark of the Application owned by the Company.
Challenge - Shall mean and refer to any request and acceptance for a challenge through the Site following all Rules and T&C, by two Accountholders, which challenge is raised through the main-feed of the Application or Site.
Company - Shall mean and refer to Plash Trading Limited is a company registered in Malta with company registration number C 76864 and having its registered office at Office 2, Suite 2, the Penthouse, Capital Business Centre, Entrance C, Triq Taz-Zwejt, San Gwann, Malta.
Information - Shall refer to any information required and requested in terms of these terms and conditions or any other information requested by the financial institutions keeping any funds on behalf of Arena and or the User.
Prohibited Jurisdiction - Shall mean and include
Services - Refers to products, games, services, content on arena.world and/or the Application, orany other Service offered under the same trademark of Arena World owned by the Company.
Site - Shall refer to Platform http://www.arena.world and link or hyperlink related to the Platform, whether accessed through the online webpage or through mobile phones, smartphones, tablets or mobile application. It shall not include any links, hyperlinks or pop-ups, which are unrelated to the activity of the Site or pop-ups through the Application.
Terms of Services - Shall refer to the content of this document and any other document herein referred to.
User/Player/Subscriber - Each shall be used interchangeably and shall mean and refer to You.
3.1 In order to be eligible to open, operate and keep active the Account, any applicant must satisfy the following requirements:
i. You are a natural person of at least eighteen (18) years old, or the legal age for engaging in Skill Challenges under the laws of jurisdictions applying to you, whichever is greater;
ii. You provide the following details and remain available to immediately provide further documentation to sustain your declarations and information provided as Subscriber to an Account;
iii. You do not hold another Account with Us and you do not permit any third party to use your Account;
iv. You have legal capacity to enter into such Agreement and make use of the Site and Services thereon.
v. You have not been previously banned from using Our Services or have any active prohibition which is binding impeding you from carrying out such activity;
vi. You are not resident, or operating your Account or the Site in any jurisdiction where the activities of the Site are illegal, or require specific licencing. It is your responsibility to ensure that this is not the case and we reserve the right to immediately suspend your Account if we discover that your Account has been opened or is being used from a Prohibited Jurisdiction.
4. USER ACCOUNT
4.1 Natural persons who fall within the scope of eligibility in accordance with the provisions of Clause 3 of this Agreement may open and operate an Account to avail from the Services offered by Us.
4.2 The Account shall not be transferable to any third party.
4.3 It shall be the sole responsibility of the User not to disclose the log-in details of his/her Account and to ensure that these details are safely kept.
4.4 You shall ensure to update any changes in information which you submit to Us as soon as possible.
4.5 The Account shall operate according to the elected currency.
4.6 Any Account opened and operated by You is not owned by You, the property of the Account remains with Us and concession to access and operate the said Account is hereby being given upon opening thereof.
4.7 The Account shall not be opened and operated in favour of any other third party.
5.1 Arena World offers the Service whereby Users globally, can challenge each other through online interactive games which are commercially available, whereby the winning outcome is solely determined through the skill of the player.
5.2 Arena World may offer other services from time to time which shall be made available to the User accordingly, and subject to any increase in account requirements or further verifications on the User.
6.1 Once the Account has been accepted and is activated you will be able to interact and challenge other players by interacting with them directly. You shall remain responsible for your interaction with other players. If you have a problem with other players we are not required to get involved, but it shall remain Our prerogative to do so if We so wish.
6.2 Challenges shall be launched and shall be carried out in accordance with these T&C and any further Rules pertaining to the particular game or challenge.
6.3 Each challenge shall be featured in the operative main feed for 15 minutes, and shall be automatically cancelled and removed if it is not accepted by any other user
6.4 Upon acceptance of a Challenge the stakes shall be duly placed which shall be a minimum of $5 and a maximum of 500$ per user; hence Minimum bets placed shall be of $10 and the maximum bet shall be of $1,000 per challenge.
6.5 The result may be entered on the appropriate portal within 15 minutes from the commencement of the Challenge.
6.6 Any User can cancel a Challenge launched within 10 minutes from its creation.
6.7 Upon registration of the result by one Account holder for the Challenge, the other player shall have 20 minutes to enter the result of the Challenge.
6.8 If only one result is entered by one player of the Challenge, that result will become definite within 20 minutes.
6.9 If the result enters by the two Players of the same Challenge is different, this result will be contested in accordance with the provisions of Clause 9 of these T&C.
6.10 If no result is entered the amount Challenged shall be forfeited in Our favour.
6.11 It shall be prerogative of the Account holder to decide when to cash-out. winnings.
6.12 The amount transferred to the Account of the winner shall be net of taxes or any commissions due in accordance with the provisions of Article 7.3 of this Agreement.
6.13 Arena reserves the right to stop offering and/or supporting the Services or particular game or part thereof either permanently or temporarily. If We are not operative on a permanent basis, We will not require to provide any compensation to the Account holders, in connection with the discontinued Service, whether in full or in part, nor shall We be liable for any potential loss of earnings, or non-refund ability of any Subscription fees paid.
6.14 Deposits of prize money of any Challenge shall be deposited onto the Account of the Verified Winner within a commercially reasonable time.
6.15 In the event You would like to terminate Your Account, a fee of $5 shall be charged.
7. FUNDS, TRANSFERS AND PAYMENT TERMS
7.1 A monthly subscription fee of $4.99 per month or annual fee of $49.99 (both net of any taxes applicable) shall be immediately transferred in order to active Your Account. This fee is not refundable.
7.2 The subscription fee shall be placed on the User’s Account and shall not be available for usage by the User.
7.3 A commission fee equivalent to ten percent (10%) of any residual amount of the winning shall be borne by the winner upon payout.
7.4 The Commission shall be charged on a US Dollar equivalent if the Account is operating under a different currency.
7.5 Each Player may deposit on Account a maximum amount of five hundred US Dollars ($500) per day. The first top-up of funds shall be placed on Account upon subscription.
7.6 For support regarding billing or costs please contact us on firstname.lastname@example.org
7.7 We use an external third party as a payment processor, any terms and obligations relating to Your transfers shall be Your responsibility. We shall not be responsible for failed or unprocessed payments due to Your inability to comply with the processor’s requirements.
7.8 The funds deposited into your Account shall emanate from a legal source and shall be from a source where You are the owner of the account.
7.9 You agree that We are not liable for any loss caused by any unauthorized use of Your credit card or any other method of payment by a third party in connection with the Site.
7.10 You shall be solely responsible to bear the costs of any transactional fees which may be debited for such service by the payment processor upon withdrawal of funds from your Account or upon processing of any payments relating to the Application.
7.11 Upon request of destitution of the balance held on Your Account, We reserve the right to request additional personal or other information, such as your full legal name, current permanent residential address, and social security number and/or any other information required in compliance with legal reporting requirements.
7.12 You acknowledge our use of third party electronic payment processors and/or financial institution and hereby irrevocably authorize Us to, as necessary, to instruct such processor to handle any deposits and withdrawals from your Account.
7.13 By agreeing to these T&C and using the Application and/or the Site, You are hereby declaring that the source and origin of funds used by You for the usage of the Services offered by Us is not illegal and that You are hereby not using, nor will use the Site to carry out any Money Laundering activities. Any suspicion of such activity shall be duly reported according to law without obligation on Our end to inform You of any information released to the authorities about You.
7.14 If the Account is closed down for finding the User of collusion, the User shall not be entitled to receive any winnings, and only funds remaining after deducting any bet values and the closing of Account fee shall be transferred back to the account the funds originated from.
7.15 Any funds held on account by Us shall bear no interest.
7.16 The Subscriber hereby guarantees that all funds used for the purposes envisaged in this Agreement are from a legal source and duly recorded for tax purposes.
7.17 Withdrawal ammout must be minimum 30 USD. Minimum withdrawal fee is 2.00 USD.
7.18 Account holder must play minimum 1 match to make withdrawal.
8. RULES OF ALL GAMES
8.1 Each game or challenge shall have its specific rules and terms which shall be followed appropriately. It is Your responsibility to duly familiarize yourself with these Rules prior to the commencement of the game or challenge.
8.2 Rules may change from time to time, it shall remain Your responsibility to ensure proper updating and compliance thereto.
8.3 A video tutorial is available for your perusal, in order to understand and duly comply with all requirements of the Game. If you require further detail or information please contact us on [DETAILS] or refer to Our FAQs here.
9. DISPUTE OF CHALLENGES
9.1 A dispute of a Challenge may be launched if two players do not enter a result which clearly identifies a winner.
9.2 No result shall be disputed due to delay by the second player to enter the result in accordance with the Rules and T&C of the Site.
9.3 The number and percentage of disputed results shall be publicly displayed on Your profile for other users to verify.
9.4 In case the results are erroneously listed by either player, the players shall be requested to re-enter the result when a discrepancy is present. However if there is no way We can further verify the result, the challenge shall be deemed cancelled and the funds shall be credited to the players in accordance from which account they were originally drawn.
10.1 You are subject to, and shall remain solely responsible for obeying all laws of the state, province and/or country in which You reside and from which You download and operate the Application, access the Site, Log-in to the Site or participate in any Challenge from. You agree to only participate in Challenges only after having determined in good faith Your eligibility and lack of any restriction or prohibition imposed on You as above described.
10.2 You shall remain solely responsible to verify Your eligibility to participate in any Challenge or hold an Account in terms of this Agreement, and acknowledge that You are aware of restrictions imposed by States and countries.
10.3 We shall not be responsible to verify compliance on Your behalf.
10.4 Ignorance of the law shall not be an excuse, and You shall fully indemnify Us for any loss or damage incurred by Us whether monitory or reputational incurred by Us by way of Your lack of compliance with the terms of this Agreement and jurisdictional restrictions imposed on You.
11.1 All information forwarded to Us by way of subscription information, including any texts or information on chats, shall remain confidential and shall not be shared with any other third party save to any legal authority holding the relevant power to request such information and enforce disclosure.
11.2 All information forwarded to Us shall be shared as necessary with the financial institution processing payments between You and Us, and subsequently to third party Players. We shall not be liable or responsible for any disclosure as indicated herein, or any loss of data or leak thereof, pursuant to such disclosure, whether such leak of information happens directly or indirectly, and whether by the receiving party or any third party to whom the receiving party is obliged to disclose information.
11.3 We shall not sell Your data or contact information or use Your information outside the scope indicated herein without Your prior consent.
11.4 We shall not be responsible if any third party or other user of the Application recoginses You from information disclosed in Your profile and available to the other users.
12. CANCELLATION, SUSPENSION OF ACCOUNT
12.1 Arena may, in its sole discretion limit, suspend, terminate, modify or delete Accounts or access to the Service or any portion of the Site and or its content, delay or remove hosted content under Arena.World under no obligation to compensate You for any losses or results.
12.2 We may terminate or delete Accounts which are not logged into for twelve consecutive months and fees as indicated herein shall be applicable.
12.3 If You want us to delete your Account, please click contact support for Instructions on how to carry out the request.
12.4 Any attempted transfer or assignment of Account is prohibited and shall give rise to immediate deletion of Account without right to retain any funds.
12.5 No refund or transfer of funds held on Account shall be entertained if such Account is deleted or cancelled due to any breach of these T&C.
12.6 We shall reserve the right to suspend, or cancel your Account, if your percentage of disputed results in any given one month period is over 50%, or if you accumulate more than three (3) disputed results within a thirty day timeframe, whichever first.
12.7 Any collusion or abuse, actual or attempted by usage of the Services in order to gain unfair advantage shall lead to immediate suspension of all Accounts involved.
12.8 You shall not have any right to require Us to take any steps of actions against any users suspected of collusion, cheating or carrying out any other form of fraud.
13.1 We may assign this Agreement, in whole or in part, at any time with or without providing notice or requiring consent.
13.2 You may not assign this Agreement, whether in whole or in part to any other party. Any attempt to transfer the said account to any third party shall give rise to grounds for immediate suspension of Account.
13.3 You may not sell or transfer Your Account to any other third party for any consideration, whether monitory or in kind.
14. THIRD PARTY ADERVTISING
14.1 We reserve the right to display and otherwise make available promotions, advertisements and/or offers provided by third-parties, in no way affiliated with Us.
14.2 You hereby agree that we shall have no liability whatsoever for such promotions, advertisements, and offers, and your participation in, clicking on, or other link to such promotions, advertisements and offers shall be at your own risk, and you agree to hold us harmless from the same, and to seek remedy solely from the third party.
14.3 We do not guarantee or make representations about goods or services offered by third party advertisers linked to, nor do we endorse the content of websites of third party advertisers, despite our having endorsed the same.
14.4 We are not in control of websites of third party advertisers, are make no warranties as to their data collection, using, sharing and retention practices and policies.
14.5 Any charges consequent to your dealing with third party advertisers shall be your obligation.
15. LIMITATION AND WAIVERS OF LIABILITY
15.1 Our liability is limited to direct damages, as a result of a violation on our part of any term or condition hereof, limitedly to an amount equal to the total value of your most recent top –up. You acknowledge that we are not liable for other damages, including but not limited to consequential damage, lost profits, special, indirect or incidental damages, loss of goodwill or data arising out of use or inability to use of the Site.
15.2 Any right, claim or action against any user of the Site or Application shall be directed against said user, independently and without recourse to Us, and you agree to hold us harmless from and against any matter or cost arising from your pursuing of such right, claim or action.
15.3 You shall not attempt to hold Us liable for any act or omission of your internet service provider which granted you access to the server that hosts www.arena.world/ or Arena World Applications.
15.4 We shall not be liable if the laws of your country preclude or restrict your participation, or ability to hold an Account on www.arena.world/ Arena World Applications, in accordance with these terms and conditions or any other restriction to the nature of the Service or the rules of any Game.
15.5 The payment services and processing provided on the Site are outsourced to third parties. We shall not be liable for any loss You suffer as a consequence of the unauthorized use of your payment service account, your credit card, or any other method of payment. Any disputes and costs related to use of payment methods shall be your responsibility and borne by You.
15.6 Should you participate in collusive behavior against the spirit of these Terms and Conditions, we shall not be liable for any loss sustained by You or another User as a result of the collusion, and you shall not have the right to require us to proceed against Users having participated in the collusion.
15.7 We shall not be liable in the event that we limit, suspend or terminate your access to your Account, by reason of suspicious activity, which suspicion results to have been incorrect.
15.8 You agree to hold harmless, defend and indemnify Us against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of or non-abidance by these Terms and Conditions or from your use of the Site.
15.9 In the event of a dispute between You and Us, we shall be entitled to recover reasonable legal fees and expenses from You, even if at such time You have terminated your account.
15.10 If we terminate its licence of software or website content from third party proprietors in terms of 19.9, we shall not be liable to compensate users for the discontinued software or content of Arena World.
15.11 We shall not be liable or responsible for any costs incurred by You for the usage of our Services.
17. FORCE MAJEUR
We shall not be liable for any changes, problems, unavailability or losses incurred by through our Application or Site which inconvenience or damage is caused by any unforeseen circumstance which could not be avoided by us or is out of control such as natural disasters, war, terrorism, riots, embargoes, any state of emergency, fire, floods, accidents, network infrastructure failures, strikes, or shortages or whichever nature.
18. INTELLECTUAL PROPERTY
18.1 We warrant that we own, licence, or otherwise have rights to use all software and content that appears on www.arena.world, Arena World, and any logos appearing thereon.
18.2 You agree that the software and content of and on www.arena.world or Arena World Applications including all trademark, copyright, patent, service marks, trade names and trade secret rights, intrinsic to the software and content of the Site and Application, constitute our intellectual property, whether by ownership or by licence.
18.3 By having an account with us, and for as long as you abide by these Terms and Conditions you have a non-exclusive, non-transferable, revocable limited licence to access and use the software and content, strictly for non-commercial entertainment purposes, and at all times subject to these Terms and Conditions.
18.4 The software and content of Arena World are our property, or the property of third parties licensors as applicable, and consequently you obtain no rights, title or interest in or over such software or content, you may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassemble, reverse engineer or decrypt the software or content of www.arena.world or otherwise use them without our permission.
18.5 We do not interfere with the intellectual property measures adopted by third party authors or proprietors form by whom we are licenced to use the software and content for the Site.
18.6 Our ownership or title to the software and content of Arena World is free and clear from any claim or dispute.
18.7 Your submission to Arena World of any information, content, feedback and/or ratings, are submitted inclusive of a non-exclusive, worldwide, perpetual, irrevocable, and free from claims for contribution right to Us to use submitted information, content, feedback and/or ratings and you agree that submissions are essential for hosting and display purposes.
18.8 If you consider Arena World any software or content thereof to be infringing of your intellectual property rights, or you have material concerns about the privacy of www.arena.world you may contact our customer services by clicking here.
18.9 We reserve the right to stop licensing and offering or supporting software or content currently licensed from third party proprietors.
19. TERM AND TERMINATION
19.1 Should you not wish to continue being bound by these Terms and Conditions, you should terminate your Account.
19.2 Should You wish to close Account please click here.
19.3 It can take up to five (5) working days to close the Account and transfer any funds attributable to the Account from the day all Information requested is duly submitted.
19.4 We may terminate your account without notice if in our sole discretion upon determination or suspicion that you have violated or breached these Terms and Conditions, or you have improperly used Site, and this without prejudice to our right to inform the relevant authorities and to permanently ban you from using the Application or access your Account or any other services found on the Site.
19.5 If the Account is deemed inactive by way of non-usage for over twelve months, the Company reserves the right to charge the Account a monthly administrative fee of five US Dollars giving due notice of thirty days prior to the commencement of the charges.
19.6 The Company reserves the right to close the inactive Account at once if the balance in the Account is zero.
19.7 If your account bears 3 disputed results in any 30day period, we reserve the right to terminate your account.
19.8 Should you attempt to create more than one account we reserve the right to immediately terminate all your Accounts.
19.9 If you do not verify your Account and any details thereof subsequent to a request to do so by Us, within the timeframe imposed, your Account will be closed and any balance forfeited.
20.1 The Site may contain links to third party websites which are not under Our control.
20.2 Any shall not imply any endorsement by Us, and We are shall not be responsible or liable for the availability of the content contained therein, or for the content thereof, or any consequence of usage thereof.
21. WARRANTIES AND WAIVERS
21.1 Each Party warrants that it has the necessary capacity and authority to enter into this Agreement and to undertake all the requirements imposed upon it.
21.2 Each Party shall carry out all its obligations under this Agreement in good faith and in an ethical and fair manner.
21.3 The waiver by any Party of a breach of any of the provisions of this Agreement by the other Party shall not be deemed a waiver of any breach of other provisions of this Agreement or of a subsequent breach of the same or other provisions of this Agreement and the failure to exercise or delay in exercising a right or remedy under this Agreement or at law by any Party shall not constitute a waiver of any breach of any of the provisions of this Agreement by the other Party.
21.4 The failure to exercise or delay in exercising a right or remedy under this Agreement or at law shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies (whether under this Agreement or at law) and no single or partial exercise of any right or remedy under this Agreement or at law shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy (whether under this Contract or at law).
21.5 No right or remedy herein conferred upon or reserved to any Party is exclusive of any other right or remedy herein or by law provided or permitted; but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law, and may be enforced concurrently therewith or from time to time.
21.6 The User further warrants that all documentation and information disclosed is authentic, accurate and shall immediately inform Arena of any changes to the disclosed information.
21.7 The Site services are provided as-is with all faults and as available. Arena is hereby not giving any express warranty, guarantee or conditional warranty to the extent as permitted by law. We exclude aby and all implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
21.8 You shall indemnify Us for any damages losses, whether reputational or monetary, whereby such loss or damage is cause by Your misuse, breach, act, omission, or non-compliance whether direct or indirect, voluntary or involuntary, caused by You.
22. CHANGES IN TERMS
22.1 We may change any these terms, to any extent, without notice at any time.
22.2 The latest version of these terms shall always be available and found on [INSERT LINK], it shall be the User’s sole responsibility to duly review the terms and conditions on a regular basis.
22.3 Any usage of the Application or the Site, or continued usage of the Application or Site after any such change takes place shall be deemed Your acceptance to such changes and consent thereto.
22.4 This provision shall also apply to any document which is deemed to form part of this Agreement by way of reference or applicability.
23. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relation is intended or created by this Agreement.
If any of the provisions of this Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Any lacuna created by means of such unenforceability shall be dealt with according to the provisions of the applicable law, or in case of the law being silent on the matter, in good and equitable faith in accordance with the spirit of this Agreement.
25. ENTIRE AGREEMENT
25.1 These T&C, together with the game rules applicable to each game, together with any updates, any other documents herein referred to and any further terms imposed by the Payment Service Provider shall constitute the entire agreement between the Parties.
25.2 It shall be the sole responsibility of the User to duly read, understand and keep updated with any changes in the Terms and Conditions for the Service herein envisaged, or rules of any particular Challenge or Game.
26. LANGUAGE OF TERMS
The original language of this Agreement is the English language. In case of any discrepancy between the translated copies, the English version shall prevail.
This Agreement is construed, enforced and governed by the laws of the Republic of Malta.
28. DISPUTE RESOLUTION
28.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination, interpretation or validity thereof, between the USER and the OWNER shall be settled by arbitration in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act and the Arbitration Rules of the Malta Arbitration Centre as at present in force. The appointing authority and administrator shall be the Malta Arbitration Centre. The number of arbitrators shall be one. The place of arbitration shall be Malta.
28.2 No Party shall make a motion or dismiss or transfer any case filed in accordance with this Article on the basis of lack of jurisdiction. The Parties any opt for another forum upon mutual consent in writing.
28.3 No class actions shall be brought against Arena World, or the owner of the Site of involved parties. This means that neither You or Us can bring a claim forward as a plaintiff or class in a class action, consolidated action or representative action. The Arbitrator may not combine more than one person’s claim into a single case and cannot preside over any consolidated, class or representative arbitration proceedings (unless agreed to by both Plaintiff and Respondents).
28.4 The Arbitrator’s decision or award in one person’s case shall only be applicable and impact the persons involved in the particular case, and shall not be used to create precedence.
29. DECLARATION AND ACCEPTANCE
The User hereby declares that he/she has read and understood the provisions of this Agreement, and hereby agrees to abide by all the provisions and requirements herein contained.
OPTION TO INCLUDE TERMS AND CONDITIONS OF THE PAYMENT SERVICE PROVIDER IN A LINK.