Terms & Conditions
GENERAL TERMS AND CONDITIONS
READ AND MAKE SURE YOU UNDERSTAND ALL THE FOLLOWING GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING DUELMASTERS’ SERVICES. THE TERMS AND CONDITIONS ARE PART OF A BINDING CONTRACT ON THE USE OF DUELMASTERS’ SERVICES.
Please be advised that Duelmasters (as defined below) is not endorsed by, directly affiliated with, maintained or sponsored by Electronic Arts, Activision Blizzard, Epic Games, Microsoft, Xbox, Sony, PlayStation or Valve. All content, game titles, trade names, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.
If you are not of legal age as determined by the law of the country that you live in or are for any other reason not considered fully legally competent, please carefully note this information.
PART 1 GENERAL INFORMATION
Definitions
“Duelmasters” means, Duelmasters LLC, a company established by US law seated Suite 220, 17350 State Highway 249, Houston, TX, 77064-1132
“Platform” means the internet-platform called “Duelmasters” operated by Duelmasters under various domains including all functionalities provided by Duelmasters via such platform.
“Platform-Content” comprises all content made available by Duelmasters via the Platform including without limitation any titles, computer code, themes, frontend-Design, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, chat transcripts, recordings of games played using a Duelmasters platform and server software.
“Services” mean any website, the Platform, the Platform Content, and other related products and services provided by Duelmasters including any and all functionalities made available to Users. In no case do the Services include the operation of online games or the hosting or otherwise the technical enabling of online games. Online gaming on or via the Platform is not possible.
“User” or “You” is the person who registers on the Platform.
“GTC” means these General Terms and Conditions.
“User Agreement” means the legally binding agreement concluded between Duelmasters and You upon completion of Your registration on the Platform according to these GTC. The GTC constitutes a binding and integral part of the User Agreement.
“User Account” means the area of the Platform individually accessible to You following registration and conclusion of the User Agreement. The User Account is password-protected and enables You to make certain personalisation and use certain functions of the Platform.
“User Content” means the content uploaded to the Platform by the Users ore created or published on the Platform by Users. Duelmasters does not and cannot influence or check User-Content or its creation, transmission or use and therefore considers such content as being of a third-party nature.
“Games” means the online-games shown on the Platform. Games are provided by third parties on various online-based gaming-platforms. All Games are skill-based and are only referenced on the Platform rather than being accessible or playable on/via the Platform.
“Player Event” means skill-based Matches, Challenges and Tournaments made available on the Platform.
“Wallet” means your virtual account to which You can transfer money which can then be used for placing stakes, to pay fees to Duelmasters and to which prize-money and profits form participations in Player Events are being transferred.
Application of these GTC
These GTC are binding and integral part of the User Agreement concluded between You and Duelmasters upon completion of registration on the Platform and apply to all Services provided by Duelmasters via the Platform.
Please note: If You are unsure of any aspects of the following GTC You should seek independent advice before registering.
Terms and conditions introduced by You do not apply and are not accepted by Duelmasters. This shall apply even if You make reference to any such terms and conditions (written or electronic) and Duelmasters does not expressly reject those terms and conditions. Even if Duelmasters refers to any of Your messages that contains or makes reference to terms and conditions introduced by You, this shall not be construed as acceptance of the applicability of those terms and conditions. The inclusion of such terms and conditions is hereby proactively rejected.
Subject Matter of the Services
The subject matter of the Services and thus the User Agreement is the provision of certain functionalities via the Platform by Duelmasters to You. The Services enable You to wager funds on yourself against other Users on the outcome of skill-based Player Events in which you and one or more other Users participate in a form of “sporting competition” between humans (esports). The stakes can – depending on the participation terms of the relevant Player Event – consist of either a Platform’s own (unreal) play money or real money.
The Services are only addressed to those Users with which Duelmasters has entered into a User Agreement according to these GTC. No third-persons are entitled to any Services.
The following is not part and thus not subject matter of the Services:
• The playing of the Games;
• The warranty or assurance of any success or profit of the Users in any kind or form;
• Warranties or assurances of any kind regarding User-Content, including without limitation its completeness, accuracy, legality or validity.
Duelmasters provides the Platform on its own servers for access via the internet. The provision of all further hardware and software and connections (PC, internet-Access etc.) required for the use of the functionalities of the Platform is not subject matter of the Services or the User Agreement. You are responsible for this and You are aware that You may incur costs for this.
PART 2 REGISTRATION ON THE PLATFORM, USER AGREEMENT
Requirements for Registration
You may ONLY register on the Platform and/or use the Services if You are
• of legal age and considered fully legally competent as determined by the law of the country that you live in OR
• You are at least 18 years old;
You may NOT register on the Platform and/or use the Services if
• You have already created a User Account at the Platform;
• You have previously been banned or prohibited to use the Services or Your previous User Account has been blocked or Duelmasters has previously terminated a User Agreement with You for cause;
• You are prohibited to use the Services, according to any applicable law of the jurisdiction of the country that you live in. Please note: Some jurisdictions may determine wagering funds on yourself against others on the outcome of skill-based online-gaming as illegal. Duelmasters does not intend that anyone uses the Services where such use is illegal. The availability of the Services does not construe an offer or invitation by us to use the Services in any country in which this is illegal. YOU MAY NOT USE THE SERVICES WHEREVER THIS IS PROHIBITED BY ANY APPLICABLE LAW. You accept sole responsibility for determining whether your use of our Services is legal in the country that you live in and may only register where such use is not illegal. Please find supporting information here.
Account Limitations
Each user is allowed to have only one account, which may be used on one device and from one IP address. Regardless of the circumstances, including the use of a single device or IP address by multiple individuals (e.g., family members), only one account may be used on one device and/or from one IP address. Violation of this rule will result in the banning of all associated accounts without the possibility of recovery.
Registration, Conclusion of the User Agreement, Storage of Contract Text
Your registration on the Platform is required for the conclusion of the User Agreement.
You shall truthfully and completely provide all data required for the registration process on the Platform. By clicking the “Sign-Up”-button, You submit an offer to conclude the User Agreement according to the provisions of these GTC. The User Agreement comes into existence through acceptance of this offer by Duelmasters according to the following paragraph. You cannot demand the conclusion of a User Agreement.
Duelmasters’ acceptance of your offer to conclude a User Agreement will be submitted by means of a separate email that contains the contractual terms and conditions including these GTC.
The conclusion of the User Agreement itself is free of charge. The participation in User Events subject to fees.
Any use of the Services is at your sole option, discretion and risk. By registering you acknowledge that you do not find the Service to be offensive, objectionable, or indecent in any way and are not knowingly breaking any laws of the country that you live in.
General User Obligations and Responsibilities
Taxes
If you are a United States resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your prizes total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your prizes any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but at all times you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws in your state, country, and jurisdiction.
The Platform enables You to use certain functions. In doing so, the applicable legal and contractual regulations must be observed. You are therefore obliged to observe the applicable legal provisions when using the platform and not to infringe any rights of third parties. In particular, you represent and warrant that you will not use the Services, the Platform or any of its functionalities for any illegal acts such as (but not limited to) money laundering, fraudulent actions, insults or any racist, offending or abusing actions, sending SPAMs, provide or consume illegal content.
Duelmasters holds the right to check and verify the requirements for a registration at any time and without giving any reason. For this purpose, you are obliged to cooperate, in particular by providing suitable proof (i.e. supporting documents) when requested by Duelmasters.
You are obliged to keep your data that you have provided in the course of registration or subscription of Services or functions at all times. In case any data changes, You will without delay update the current data or – if this is not possible – inform Duelmasters of the change by email to [email protected].
Term, Termination of the User Agreement
The User Agreement is concluded for an indefinite period of time.
You may terminate this User Agreement at any time in text form without giving reasons. The termination will be effective immediately except in the cases as stated in paragraph (3) below. In order to terminate the User Agreement, You may apply the function “Delete account” in Your User Account.
Duelmasters reserves the right to terminate this User Agreement at any time in text form without giving reasons. Duelmasters will submit termination notice to you via email.
If you are participating in a Player Event at the time of termination notice by You or by Duelmasters then the termination will be effective not earlier than at the ending of such Player Event in accordance with the provisions of Section 16 of these GTC and the terms of the User Agreement remain fully effective for the duration of such Player Event.
Upon termination notice You cannot enter into any further Player Events.
The right to termination with immediate effect for good cause of both parties remains unaffected. From the perspective of Duelmasters, good cause will be deemed to be on hand especially (but not limited to) if You
• are in default with an agreed payment of fees and do not without delay end this state of default after You have been sent a reminder;
• violate or breach breaches one or several of your obligations set forth in section 6, section 10, section 11 para. (2), section 12 or section 16 para. (7),
• have registered on the Platform in violation of section 4 or
• have submitted incorrect or falsified documents or information to Duelmasters.
The termination of the User Agreement has the following consequences:
• The User Account – will be irrevocably closed.
• A possibly existing balance on Your Wallet will be refunded in accordance with Section 20 below.
• All User Content and all data and settings which you have implemented will be deleted except for the data for which Duelmasters is subject to retention obligations.
PART 3 PLATFORM FUNCTIONALITIES, TERMS OF USE
Availability of the Platform
The availability of the Internet Platform is determined as follows:
• Duelmasters will perform the required maintenance work on the Platform during Maintenance Window which will be announced in advance. During Maintenance Windows, the Platform may be temporarily unavailable on the internet, either entirely or with respect to certain Services.
• Duelmasters makes the Platform available on the Internet for at least 99 percent of the time per calendar quarter. The times of the Maintenance Windows shall not be included in the calculation of the availability.
• Duelmasters may limit the access to the Platform even outside the Maintenance Windows if this should be necessary for the security of the Platform operation or the preservation of the network integrity or user data, especially to avoid serious malfunctions of the network, the software or stored data.
• Duelmasters reserves the right to end activity at any time for any reason. In this case, users will have 90 days to withdraw all their funds.
The point of handover/delivery of the Platform-functionalities is the interface between the servers on which the Platform is hosted and the Internet.
Updates, Changes of Platform Functionalities
In the interest of all Users, Duelmasters endeavours to continuously improve the Platform and expand it in a meaningful way in order to continually increase its benefits for its Users. Therefore, Duelmasters expressly reserves the right to further develop the Platform during the term of the User Agreement. Within the scope of the further development, Duelmasters may, for example, change the appearance of the frontend or backend, modify, add and remove functions, and change designs, input screens and other elements of the frontend and backend (collectively referred to as “Platform Updates”). You shall not have any claim to Platform Updates or to continued use of a certain version of the Platform. You cannot derive any claims against Duelmasters due to the implementation of Platform Updates if and insofar (i) no functions which are contractually guaranteed to you are cancelled or impaired significantly by the Platform Updates and (ii) You do not suffer any unacceptable disadvantages due to Platform Updates.
Obligations in Connection with the User Account and Username
In the context of the registration to the Platform, You shall select a secure access password for your User Account. You shall keep the password secret and shall take all necessary measures to protect it from unauthorised access. Should You learn of any abusive access to your password or to your User account or if the facts give rise to reasonable suspicion in this regard, You shall without delay inform Duelmasters of this. Duelmasters will not be responsible to you for any loss or harm that results from an unauthorized person accessing Your User Account except where Duelmasters has caused such unauthorized access.
Your User Account may only be used by Yourself. You may not allow any third party to use your User Account. Duelmasters may at its discretion block Your User Account if someone else uses it.
Upon registration, You have to decide on and enter a username which will then be visible for all Users throughout the Platform. You are obliged to choose a user-name which does not violate any laws, moral standards or third-party rights.
Obligations and Liability in Regard to User Content, Rights of Use
Duelmasters operates the Platform as a technology service provider in the form of a software-as-a-service (SaaS) offer. Duelmasters will not and cannot influence or check User Content or their creation, transmission, publication and use and therefore considers such content as being of a third-party nature.
You are obliged to
• only upload User Content to the Platform or create or publish such content on the Platform that does not infringe applicable legislation and does not violate the rights of any third parties;
• ensure that Your User Content and the granting of rights of use pursuant to paragraph (3) below does not violate any third-party rights.
To enable Duelmasters to perform the Services, You hereby grant Duelmasters and Duelmasters accepts a non-exclusive right without any regional restriction to store, copy, make publicly available and sublicense your User Content, limited in time to the term of the User Agreement and any retention obligations of Duelmasters, to the extent that this is required for the performance of the contractual obligations of Duelmasters vis-à-vis the Users on the basis of these GTC.
The Platform expressly does not serve the purpose of storing or managing of users’ data. You shall have copies of Your User Content stored on Your computer and/or systems at all times. Duelmasters is not responsible and is not liable for any User Content including User statements towards other Users and expressly does not adopt them as its own. If a User has identified illegal or inappropriate User Content, he is requested to report this to Duelmasters by email: [email protected].
All Users are obliged to use the Platform in accordance with the law and the provisions of the User Agreement, to treat other Users of the platform fairly and not to infringe any third-party rights.
Rules of Conduct – “Netiquette”
You are particularly prohibited from:
• The intentional communication of wrong or incomplete information at the registration process or thereafter vis-à-vis Duelmasters or any User;
• Inappropriate, insulting or unrespectful communications with other Users or deception of other Users and from make statements which constitute a crime or violate any third-party rights
• The use of multiple User Accounts and from providing their User Accounts for third-party use;
• Any manipulation of results of Player Events, for instance by using cheats or other inadmissible means;
• Undertaking actions that may harm the Platform, Duelmasters’ systems or any data or content on the Platform (e.g. by using or distributing malicious software/malware, or by hacking).
• conducting or forwarding any surveys, contests or chain letters and from advertising or offer any goods or services in the course of communications via the Platform.
PART 4 PLAYER EVENTS
Characteristics of Player Events
No gambling is allowed within the Services. The Player Events utilize skill-based games, meaning the outcome of all relevant games are based predominantly upon the skill of participating Users, not chance. Therefore, when playing with or against other Users, it is Your skill in playing that is assessed against each other, and the winners will be the Users who, through skill and judgment, are most successful in the relevant Game. You should ensure that you are familiar with a Game before entering.
Duelmasters does not have knowledge of the probability of any particular participating User winning a Match, and makes no representations about an individual User’s chances of winning.
If and insofar Duelmasters provides a list or ranking of Users, this shows a statistical evaluation of the previous gaming results of the Users named there, based on the results communicated to Duelmasters. Duelmasters expressly makes no representation or warranty as to the accuracy or completeness of the information on which the list is based or which are displayed in the list. In particular, Duelmasters does not warrant, represent or even assess the likeliness that a User named in the list may win or lose or otherwise achieve or fail to achieve a certain performance when participating in Player Events.
Duelmasters offers participation in Player Events as part of the Services in its function as a technical service provider and neither influences the course of events nor does Duelmasters participate in Player Events or place money bets/stakes.
Participation in Player Events
You can apply for participation in Player Events via your User Account by registering for the respective events or by inviting respective users of platform to duel. The participation process is deemed successfully completed once You have been added to the Player Event.
In the course of a Players Event, Duelmasters will match You with other Users, provide technical functionalities of the Platform allowing the participating Users to communicate and to wager on yourself as part of the Services. Duelmasters is NOT party to any Agreement between the Users regarding money bets (see Section 17 below). The fulfillment of the Services towards a User in connection with a Players Event begins with the admittance of the User to the event and ends with its ending or termination according to Section 16 below.
Participation in Player Events is only permissible if Your Wallet contains a balance equaling the wagering amount to be placed plus the fees incurred for the participation in the Player Event (“Event-Fee”) to be paid to Duelmasters.
Rules of Player Events, Fees and Wagers
Insofar specific rules apply to a Player Event such rules will be presented to the Users and the User has to accept those rules in the course of the participation process as stated in Section 15 above. If not explicitly stated otherwise in the specific rules, the following provisions also apply to all Player Events:
The wager amount is immediately deducted from the virtual account balances of the Wallets of the participating Users.
The Event-Fee is calculated using a percentage of the respective stake amount of the User placed for the Player Event which is shown to the User at the beginning of the participation process. The Event-Fee is due for payment to Duelmasters immediately after completion of the participation process and is deducted automatically from the virtual account balances of the Wallets of the participating Users. The Event-Fee shall be due regardless of the outcome of the Player Event and the sake of the stakes. The rules of the respective Player Event and the provisions of Part 5 of these GTC shall apply.
The terms of calculation of the prize-money for the Player Event is displayed at the beginning of the participation process to the User.
The gaming phase of a Player Event is completed once all Game-results have been reported by all participating Users to Duelmasters via platform.
After completion of the Player Event, the winner(s) is/are credited the prize-money to his/her Wallet, ONLY if the outcome(s) of the Game(s) have been reported properly to Duelmasters. A proper reporting means that all participating Users must have reported the results without any contradictions i.e. all reports must consistently state the winner(s) of the Game(s).
In the event of a non-proper or contradictory reporting or else a dispute regarding the outcome of one or more Games, Duelmasters may at its discretion EITHER refund each stake amount back to each participating User’s Wallet OR request that participating Users provide additional evidence, including but not limited to photo or video evidence of Game results. In the latter case, paragraph (4) will apply if the game results are now reported properly. If this is not the case, Duelmasters will refund each stake amount back to each participating User’s Wallet.
If a User believes there has been a mistake with respect to any distribution of the prize-money he/she may contact Duelmasters via email: [email protected].
Users are forbidden from reporting false or incorrect information to Duelmasters. In case of false or incorrect reports, using cheats, Duelmasters reserves the right to ban the respective User and to terminate the User Agreement for cause. Funds in Wallet may be transferred to previous opponents of user who used cheats.
If a User does not show up to a Game or cancel or leave a Game before the end of the gaming phase of a Player Event, the respective Game(s) is/are considered to pay 25 percent fee of prize pool plus platform fees.
The Player Event has ended once the prize-money has been transferred to the winner(s) according to para. (4) or the take amounts have been refunded according to para. (5).
If a technical failure, which is not caused by Duelmasters leads to an early cancellation of a Game (e.g. caused by the Game provider or a User), then the stake amounts are refunded to the Wallets of the Users. The Event-Fee will remain due in these cases.
Duelmasters does not provide or hold or host Games and is in no case in any form responsible for Games to take place properly or for Users to take part in Games or report the results properly in the course of Player Events.
Participation of other Users, Legal Relationship
Duelmasters is not party to any contractual agreements made between Users in the course or connection with Player Events.
Duelmasters will not be liable to the Users for the behavior of other Users. In particular (but not limited to), Duelmasters will not be liable for any failure of Users to comply with contractual obligations including payment obligations towards other Users or towards Duelmasters.
Duelmasters expressly makes no assurances whatsoever to the Users with regard to the solvency, player qualities, contractual compliance or other characteristics or actions of other Users.
PART 5 TERMS REGARDING WALLETS
Wallet Top-up and Money Transfers
You may Top-up your Wallet at any time during the term of the User Agreement by sending the desired amount of money via a payment method authorised by Duelmasters. DUELMASTERS may determine reasonable minimum and maximum amounts for such payments. Following the receipt of the payment on the administration-account, the User is credited the according virtual amount on his Wallet.
The deposit on your Wallet is not subject to fees.
The transfer of money to and from the Wallet is executed by Duelmasters, blockchain technology and payment on-/off- ramp.
Wallet Balance, Costs
Once the money on Your Wallet has been credited according to the provisions of section 18, You are enabled to use it exclusively for the Services (i.e. as a wagering funds for Player Events or for other Event-Fees). A use of the money for any other purpose is not possible.
All of Your transactions will be registered within the Wallet account. This means that all wagering funds for Player Events, Event-Fees and possible additional fees for Duelmasters’ Services (such as fees for Premium Accounts) are deducted and prize-money and possible participation in certain Player Events profits will be credited to the Wallet.
Changes within your Wallet balance lead to corresponding reallocations within the respective administration account assigned to the Wallet.
The balance of Your Wallet is limited to an amount of money in USD.
PART 6 GENERAL LEGAL TERMS
Gaming Laws
You understand and agree that laws and regulations regarding payment of prizes, participation in competitions, and playing on the Duelmasters platform vary between the various states in the United States and among the different countries of the world. At this time, we do not permit players to access or play any real-money entry fee competitions or receive any prizes from the following jurisdictions: Arizona, Louisiana, Montana, South Carolina, and South Dakota. (“Restricted Jurisdictions”). You agree that you will not access or play any real-money entry fee competitions or receive any prizes (or assist any other person in doing so) from a Restricted Jurisdiction. We do not make any representation or guarantee that your ability to access the Services or the App (or to pay entry fees or receive prizes) from outside the Restricted Jurisdictions complies with all applicable laws. It is your sole responsibility to determine your own compliance with all applicable laws.
Also users from countries under sanction US list can’t participate in the games of Duelmasters platform which are: Cuba, Iran, North Korea, Russia, Syria and certain conflict regions of Ukraine.
Intellectual Property
The information and materials provided on the Platform or through the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links are owned exclusively by Duelmasters or its licensors. The Services, including all software, databases, proprietary information, documentation, software, contents and computer codes (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Duelmasters or its licensors and will remain their exclusive property. You acknowledge that you do not acquire any ownership rights to the Services or the Platform.
The trademarks, logos, and service marks displayed on or in the Services are the registered and unregistered trademarks of Duelmasters and its advertisers, licensors, suppliers and others. Nothing contained on or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Duelmasters, it‘s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited.
Data Protection
Duelmasters strictly complies with the regulations of applicable data protection legislation.
Rights of Duelmasters in the Event of User’s Breach of Obligations, Indemnification
Notwithstanding its other rights, Duelmasters may block Your User Account if,
• pursuant to section 7, Duelmasters is entitled to terminate this User Agreement with immediate effect for good cause;
• Your User Account is accessed by unauthorised third parties without any fault of Duelmasters.
The account will be blocked until the reason for the blocking no longer applies or the User Agreement ends. You cannot derive any claims against Duelmasters due to the blocking of Your User Account according to this paragraph.
Duelmasters reserves rights to have access to user’s chat in platform in order to more accurately validate the results and resolve disputes.
You shall indemnify Duelmasters against any and all third-party claims that are based on a culpable breach of Your obligations as stated in section 7 para. (7) b), c) or d) or on other non-contractual or unlawful use of the Services offered by Duelmasters. This includes the assumption of the costs of legal defence of Duelmasters(including court and legal counsel costs in the statutory amount). If You notice or must reasonably notice the danger of a breach that establishes the claim to indemnification, You shall without delay inform Duelmasters of this. In case of such third-party claims against Duelmasters, You shall – upon first demand – comprehensively, truthfully and without delay provide Duelmasters with all information that is required for the review of the claims, also with respect to indemnity and defence. You have to indemnify Duelmasters against payment obligations arising from settlements with third parties only in cases where You have expressly approved the underlying settlement beforehand.
Duelmasters’ further rights and claims remain unaffected.
Subcontractors, Assignment of Rights and Obligations
Duelmasters may delegate its service obligations from the User Agreement to third parties or sub-contractors and transfer claims against You to third parties. Vis-à-vis You as a User, Duelmasters will remain responsible for the contractual performance.
Transfer of rights and obligations under this User Agreement by You to third parties is subject to the express prior approval of Duelmasters.
Offsetting
You may only offset Duelmasters’ claims against You with undisputed claims or claims legally binding confirmed by a court. This shall not apply to claims that exist vis-à-vis each other within the scope of contracts concluded between Duelmasters and You on the basis of mutuality.
General Limitation of Liability
Duelmasters shall be liable exclusively according to the following regulations, no matter what the legal basis may be.
Duelmasters shall only be liable for intent and gross negligence. In the event of slight negligence, Duelmasters shall be liable only in the case of a breach of a material contractual obligation whose fulfillment is essential to the due performance of the Agreement and on whose fulfillment the User may rely on (cardinal obligation). In this context, Duelmasters shall be liable only for foreseeable damage whose occurrence must typically be expected. This also applies to lost profit and unrealised savings.
The limitation of liability of Duelmasters shall not apply in the event of injury to life, body and/or health.
Duelmasters shall not be liable for any events of force majeure that make the contractual performance impossible, even if such events merely impair the due performance of the Agreement to a significant extent or hinder it temporarily. Force majeure comprises all circumstances that are independent from the will and influence of the contracting Parties, such as terror attacks, embargo, confiscation, natural disasters, strike, official orders, depegging of stablecoins used on platform or other serious and unforeseeable circumstances for which the contracting Parties are not responsible. In this context, a circumstance will be regarded as force majeure only if it occurs after the conclusion of the Agreement.
Moreover, Duelmasters shall not be liable for malfunctions and loss of quality of the data transfer on the Internet for which Duelmasters is not responsible and that impairs or prevents the use of functions of the Platform or Services.
To the extent that the liability of Duelmasters is excluded or limited, this shall also apply to the liability of the employees, other staff members, representatives and agents of Duelmasters .
Amendments to these GTC
Duelmasters may amend these GTC and other applicable contractual provision
• if they need to be adapted to applicable law, especially if the relevant legal situation changes;
• if this is required for Duelmasters to comply with a court order or an official decision that is binding for Duelmasters;
• if the amendments are merely advantageous for You; or
• due to unforeseeable changes that are not caused by Duelmasters and over which Duelmasters does not have any influence and that disturb the balance that existed at the conclusion of the Agreement to an extent that is not insignificant.
Contract Language and Storage of Contractual Provisions, Right of Withdrawal
The contract language is English, all declarations and communication shall take place in English language
Duelmasters will not store the contractual provisions for You.
For information on Your right of Withdrawal please look here.
Miscellaneous
All headings in these GTC shall only serve to facilitate legibility and have no influence on the significance and interpretation of the individual provisions.
As far as this is permitted by the applicable laws, the User Agreement and all contracts concluded between Duelmasters and its Users shall be governed by US law.
If You are a merchant, a legal entity under public law or a special fund under public law disputes arising from or in connection with the platform usage agreement are subject to the exclusive jurisdiction of the courts at the registered office of the Duelmasters .
Should individual provisions of these GTC or of contracts or agreements concluded between the Parties be fully or partially invalid or unenforceable or become invalid or unenforceable after the conclusion of the respective contract, this shall not affect the validity of the other provisions.
Instead, the Parties shall endeavor to agree a substitute regulation that comes as close as possible to the effects of the invalid or unenforceable regulation in a legally permissible and economic way. The aforesaid provisions shall also apply in case regulations should turn out to have gaps.
WE MAKE NO WARRANTY
OUR SITE SERVICES ARE PROVIDED “AS-IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONAL WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
OUR LIABILITY IS LIMITED
As Our maximum liability for any violation of this Agreement, You can recover from Us only direct damages up to an amount equal to Your most recent Duelmasters.io Service Fee. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limited remedy applies to any matter related to the Site even if this remedy does not fully compensate You for any losses, and whether or not We knew or should have known about the possibility of damages.
In the event that You have any right, claim or action against any other User arising from the User’s use of the Site, You agree to pursue such right, claim or action independently of and without recourse to Us, and You release and agree to hold Us harmless from and against any and all claims, liability, damages, losses, costs and expenses including legal fees known and unknown, arising from or in any way connected with such right, claim or action.
We shall not be liable for any acts or omissions made by any Internet Service Provider (“ISP”) with whom Users have contracted to gain access to the server that hosts the Site.