Termos de Uso
1. Introduction, Acceptance, Definitions and Modifications
Welcome to THESPIKE.GG! We hope you will enjoy visiting and using our website located at https://www.thespike.gg/, which includes all subdomains and sub-pages, present and future (the "Website"). We are glad that you have chosen to visit our Website for the latest news, results and event coverage from competitive VALORANT, as well as news and guides for other games.
By visiting and using the Website (including but not limited to creating an account on the Website), you accept to be bound by these Terms of Use ("TOU") without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorised to use the Website. The TOU are a legal and binding agreement between you and us.
The Website is owned and operated by Sidledes AB, a company registered in Sweden with organisation number 556965-5128, which operates the Website under the name THESPIKE.GG. Sidledes AB is part of Strafe Esports Group. Where these TOU refer to "THESPIKE.GG", they may refer to Sidledes AB and/or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, representatives, successors and assigns (collectively "Representatives"), depending on the context. Any reference to "we", "our" or "us" in these TOU shall also refer to THESPIKE.GG and/or its Representatives. In these TOU, a Website visitor or account holder may be referred to as "you" or "your". When an account holder is logged in to the Website, he, she or they may be referred to as a "Logged-in User".
THESPIKE.GG may modify or replace any of the TOU at any time. The current version of the TOU can always be found at this URL, and it is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with THESPIKE.GG, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Website or, if you have an account, by email to the email address associated with your account.
Additional definitions are made throughout these TOU and are recognisable as they are capitalised and in quotation marks. Additional definitions may also be found in the Privacy Policy and have the same meaning in these TOU as they do there. The definitions found in these TOU also apply to the Privacy Policy. Both the TOU and the Privacy Policy govern your use of the Website.
2. Contacting Us
If you have any questions about the TOU, the Website or your account, please contact:
THESPIKE.GG Legal Services
Sidledes AB (org. nr 556965-5128)
[email protected]
[email protected] is also our single point of contact for users, authorities in EU member states and the European Commission under the EU Digital Services Act. You can contact us in English or Swedish.
3. About the Website
The Website provides Website visitors and Logged-in Users with news, results, schedules, rankings, and player and team information from professional VALORANT, along with coverage of online and offline VALORANT events worldwide. The Website also publishes news and guides about other games. Logged-in Users can take part in the forums, comment on content and share VALORANT gameplay clips, as described more fully in the section "User Content Policy" below.
THESPIKE.GG is not affiliated with, endorsed by or sponsored by Riot Games or any other game publisher. VALORANT, League of Legends and Riot Games are trademarks or registered trademarks of Riot Games, Inc. All other game titles and trademarks belong to their respective owners.
Advertising and affiliate content. The Website is funded by advertising and contains affiliate links, including advertising and affiliate content for gambling and betting operators. Advertising and affiliate content is clearly marked, and we may earn a commission if you click an affiliate link or sign up with one of our partners. Gambling-related content is intended only for adults aged 18 or over, or the minimum legal gambling age in your country if that is higher. We aim to show gambling content only in countries where the operator in question is licensed and where such advertising is permitted, and we use your approximate location to decide what to show you. THESPIKE.GG is not a gambling operator and does not accept bets. Any account you open or bet you place with a gambling operator is an agreement between you and that operator, subject to its own terms, and THESPIKE.GG is not responsible for it. Please gamble responsibly. If gambling stops being fun, help is available. Support services for your country are shown alongside our affiliate content, for example Stödlinjen (stodlinjen.se) in Sweden or GambleAware (gambleaware.org) in the UK.
THESPIKE.GG shall not be responsible for any actions on the part of Riot Games or any other game publisher, including the content, availability and operation of their games, and disclaims any liability in this regard.
4. General Code of Conduct for Use of the Website
By visiting and using the Website, you agree to:
(i) Not use the Website in any manner that violates these TOU or any other applicable policy posted on the Website by THESPIKE.GG;
(ii) Not use the Website in any manner that violates any intellectual property rights of THESPIKE.GG or any third party;
(iii) Not use the Website to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, or to link to a spam or phishing website;
(iv) Not use the Website to propagate software viruses, Trojan horses, worms or any other malicious or non-malicious computer code, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment, whether belonging to THESPIKE.GG or a third party, or to damage or obtain unauthorised access to any system, data, password or other information (whether personal data or not) of THESPIKE.GG, other Website visitors or account holders, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by THESPIKE.GG in its sole discretion) an unreasonable or disproportionately large load on THESPIKE.GG's (or its third-party providers') infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on or via the Website; (3) bypass any measures THESPIKE.GG may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices or other processes to "crawl" or "spider" any page or portion of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vi) Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website;
(vii) Not use the Website to collect information (whether personal information or not) of any third party, or in violation of our Privacy Policy;
(viii) Not use the Website to advertise or promote products or services that are not expressly approved in advance in writing by THESPIKE.GG, or as permitted by these TOU;
(ix) Not interfere with any third party's use or enjoyment of the Website;
(x) Not take any action that would breach the legal terms of Riot Games or any other game publisher whose content appears on the Website;
(xi) Not do anything or encourage conduct that would constitute a criminal offence or give rise to civil liability, or is in any way unlawful, illegal, fraudulent or harmful to any third party;
(xii) Not attempt to do any of the foregoing; and
(xiii) Use the Website in good faith and in compliance with all applicable local, national and international laws.
5. Accounts
a. Accounts and Passwords
If you would like to take advantage of all the features available on the Website, you have the option to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions outlined elsewhere in these TOU. Accounts may be approved or rejected by THESPIKE.GG at our sole discretion.
As part of the account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorised use of your account or any other breach of security regarding your account.
THESPIKE.GG reserves the right to suspend or terminate your account, as more fully described in sections 6(c) and 9 below.
b. Age Requirements
In order to create an account on the Website, you affirm that you are at least eighteen (18) years of age.
c. Account Information
The information required to create an account is the following: a username that you create, email address, country and time zone. This information may be referred to in these TOU or the Privacy Policy as "Account Information".
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Website, at our sole discretion.
If you are a Logged-in User, we strongly suggest that you log out of your account at the end of every session and do not leave a logged-in account unattended. To the maximum extent permitted by law, THESPIKE.GG and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of a session, an unattended logged-in session, or a third party using the Website with your Account Information and accessing your account through any means.
d. Logging in to the Website via Twitch
Subject to the provisions in section 7 ("External Links") below, you can also log in to the Website using your Twitch account with valid Twitch credentials. By logging in to the Website in this manner, you represent and warrant that you are using your own Twitch account credentials and not those of any third party. Using a third party's Twitch credentials may result in you being banned from using the Website, at our sole discretion.
6. Proprietary Rights and User Content Rights
a. Intellectual Property Rights
You acknowledge that: (a) the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) THESPIKE.GG, its Representatives and/or third parties (via licence) own all right, title and interest in and to the Website and content that may be presented or accessed through the Website (except for User Content as defined below), including, without limitation, all Intellectual Property Rights therein. All rights not specifically granted under these TOU are reserved to THESPIKE.GG and its licensors. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website, or content that may be presented or accessed through the Website, for any purpose, unless otherwise permitted by these TOU, the functionality of the Website or mandatory law; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website; or (iii) remove, obscure or alter THESPIKE.GG's or any third party's copyright notices, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or through the Website.
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML or PDFs) and Computer Code, are proprietary to THESPIKE.GG, either owned or under licence, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of THESPIKE.GG, or as permitted by the functionality of the Website or these TOU. Any unauthorised use of the content, arrangement or layout of the Website, Computer Code, images, logos, videos, audio or trademarks found on the Website, or any portion of or derivative works thereof, may violate civil or criminal laws, including but not limited to intellectual property laws, and THESPIKE.GG may take action accordingly.
The above paragraph also applies to third-party property used as part of the Website, including but not limited to third-party Computer Code. For the purposes of this section, "Computer Code" includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules or any similar files, and related documentation.
b. Submitted Information
If you choose to communicate to THESPIKE.GG (via any means) suggestions for improvements to the Website or any idea or proposal related to THESPIKE.GG or its businesses or properties (collectively, "Feedback"), THESPIKE.GG shall own all right, title and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to THESPIKE.GG and, to the extent permitted by applicable law, waive in favour of THESPIKE.GG, its successors and assigns all your moral rights in the Feedback; and agree to provide THESPIKE.GG such assistance as THESPIKE.GG may require to document, perfect and maintain THESPIKE.GG's rights to the Feedback. You acknowledge and agree that, by providing any Feedback to THESPIKE.GG, you are not entitled to any compensation or reimbursement of any kind from THESPIKE.GG.
c. User Content Policy
As a Logged-in User, you may use the Website to create and submit text, including but not limited to comments and forum posts, and to share video, including but not limited to clips of VALORANT gameplay via embedded YouTube or Twitch links. All of the foregoing shall be deemed "User Content". By creating, submitting and/or uploading User Content, you agree to be bound by THESPIKE.GG's policy for User Content as described in this section ("User Content Policy").
When you submit User Content, you acknowledge and agree to the following:
(i) User Content submitted or displayed by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted or displayed is your own original work, or work for which you have been granted a valid licence to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licences, rights, consents and permissions to use and authorise THESPIKE.GG to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) you have all necessary consents to collect, use and disclose any personal information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these TOU;
(ii) You retain all of your ownership rights in the User Content you submit or display. However, by submitting User Content to THESPIKE.GG, you grant THESPIKE.GG a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to use, edit, translate, reproduce, distribute, display and/or perform and otherwise exploit the User Content in connection with the Website and/or THESPIKE.GG's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, without any compensation to you. You understand and agree that THESPIKE.GG may retain, but not display or distribute, server copies of User Content that has been removed or deleted;
(iii) To the extent permitted by applicable law, you waive any moral rights you may have in your User Content, and you grant other users of the Website a non-exclusive licence to access your User Content and to use, reproduce, distribute, display and/or perform such User Content as permitted through the functionality of the Website and under these TOU;
(iv) The licences granted by you in the previous two paragraphs are perpetual and irrevocable, and apply throughout the world and in any and all media;
(v) You will not upload or display any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, fraudulent, invasive of another's privacy or otherwise unlawful. Furthermore, you will not upload or display any User Content that is racist, sexist, homophobic or otherwise offensive to any minority or group, or that contains any viruses, mass mailing, chain mailing or any other form of spam;
(vi) You will not include in User Content links to any third-party website that is a spam or phishing website, or to any website that may violate any applicable law.
Where you access or download User Content, you acknowledge that any use of User Content accessed or downloaded by you while using the Website is at your own risk, and that you are solely responsible for any damage or loss to you or any third party arising therefrom.
Reporting content. If you believe that any content on the Website is illegal or violates these TOU, please report it to [email protected]. To help us handle your report, please include: (1) a link to the content; (2) an explanation of why you believe the content is illegal or violates these TOU; (3) your name and email address; and (4) a statement that you believe, in good faith, that the information in your report is accurate and complete. We will review reports in a timely, careful and objective manner and let you know what we have decided.
Moderation. User Content may or may not be reviewed, edited or otherwise checked by THESPIKE.GG before it is posted or displayed. THESPIKE.GG may refuse to display, remove, restrict or modify any User Content, and may suspend or terminate accounts, where User Content or conduct violates these TOU or applicable law, or for another legitimate reason. Moderation decisions are made by our staff, who may use automated tools to help detect spam. If we remove or restrict your User Content or your account, we will notify you and explain the reasons for our decision, unless the content is deceptive, high-volume commercial content (spam) or we are legally prevented from doing so. If you disagree with a decision, you can reply to us at [email protected], and you always have the right to take the matter to court.
To the maximum extent permitted by law, THESPIKE.GG and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or from our removal or modification thereof. To the maximum extent permitted by law, THESPIKE.GG assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be found within any User Content.
7. External Links
From time to time THESPIKE.GG may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third-party resources on the internet in this manner, you do so at your own risk. THESPIKE.GG provides those links as a convenience to you and takes no responsibility for your use of those other websites or services, or for the protection of your privacy (including the collection of your personal information) on those other websites or services. We encourage you to check the terms of use and/or privacy policy of any website or service you visit. THESPIKE.GG does not make any claim or warranty whatsoever about the content of those websites or services, or any products or services available through them or the third parties operating them.
To the maximum extent permitted by law, THESPIKE.GG will not be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services linked to from the Website, or the information on them; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with use of or reliance on any content, products or services (whether free or for purchase) available on or through any linked website or service; or (4) for the actions of the operators of any such website or service.
Without limiting the foregoing, the Website features integration with Twitch. THESPIKE.GG shall not be responsible for any actions on the part of Twitch, or any functionality provided by Twitch, and disclaims any liability in this regard.
8. Interruption of Service
From time to time, the Website (or any portion thereof) may be unavailable for brief periods for maintenance and/or modifications. While we will endeavour to keep this unavailability as brief as possible, to the maximum extent permitted by law THESPIKE.GG and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website.
9. Termination of the Website and the TOU
You agree that THESPIKE.GG, in its sole discretion, has the right (but not the obligation) to block your IP address, revoke your account credentials or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without prior notice, if THESPIKE.GG believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy. Where required by applicable law, we will inform you of the reasons for such a decision as described in section 6(c).
THESPIKE.GG may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. To the maximum extent permitted by law, THESPIKE.GG and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from the termination of your access to the Website, or from THESPIKE.GG's termination of the Website or any part thereof.
Termination of the Website or of your access to the Website terminates these TOU as between you and THESPIKE.GG. All provisions of these TOU which by their nature should survive termination shall survive termination, including without limitation intellectual property provisions, disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information on it (whether provided by THESPIKE.GG or third parties), any materials downloaded from it, and any activity arising from your use of it is at your sole risk. The Website, any materials downloaded from it and any third-party materials are provided on an "as is" and "as available" basis.
The information and resources provided through the Website, whether written or produced by THESPIKE.GG staff, freelance writers or other subcontractors engaged by THESPIKE.GG, are intended to be as accurate and up to date as possible at the time of writing or production. However, information may change, and errors or omissions may occur. To the maximum extent permitted by law, THESPIKE.GG and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes, errors or omissions in information on the Website, or from your reliance on such information.
To the maximum extent permitted by law, THESPIKE.GG expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of title and non-infringement; warranties that the Website, the information on it, any materials downloaded from it and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components; and implied warranties of merchantability and fitness for a particular purpose. THESPIKE.GG, its affiliates and their respective Representatives do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects, errors or omissions will be corrected; (iii) any content (whether provided by THESPIKE.GG or third parties) available on or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded from it will meet your requirements.
Some of the content displayed on the Website may include elements that belong to or are provided by third parties. You acknowledge that THESPIKE.GG assumes no responsibility for such content.
11. Limitation of Liability
To the maximum extent permitted by law, THESPIKE.GG shall not be liable and assumes no responsibility for any loss or damage, pecuniary or otherwise, arising from or relating to the information available through or downloaded from the Website, the use of the Website, activities arising from your use of the Website, or any third-party materials on or available through the Website.
To the maximum extent permitted by law, in no event will THESPIKE.GG or its Representatives be liable for any indirect, incidental, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss) arising out of or relating to the Website or your use, misuse or inability to use the Website, even if THESPIKE.GG has been advised of the possibility of such damages. This limitation of liability applies regardless of the form of action, whether in contract, tort, negligence or any other legal theory. If THESPIKE.GG is found liable to pay you any damages in connection with the Website and these TOU, THESPIKE.GG's total cumulative liability to you shall not exceed SEK 1,000.
Nothing in these TOU limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for damage caused intentionally or through gross negligence, or any rights you have as a consumer under mandatory consumer protection law.
12. Indemnity
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless THESPIKE.GG and its Representatives from and against any damages, liabilities, costs and expenses (including reasonable legal fees), claims or demands arising out of: (i) your use of or connection to the Website, the information on it or information downloaded from it; (ii) your participation in any activities arising from the Website, the information on it or information or materials downloaded from it; (iii) your violation of, or failure to perform your obligations under, the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.
13. Governing Law and Jurisdiction
These TOU, their subject matter and their formation (including any non-contractual disputes or claims) are governed by the laws of Sweden. Any dispute arising out of or in connection with these TOU shall be settled by the general courts of Sweden.
If you are a consumer resident in the European Union or the European Economic Area, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may also bring proceedings in the courts of your country of residence.
14. Miscellaneous Provisions
(i) These TOU, together with the Privacy Policy, constitute the entire agreement between you and THESPIKE.GG with respect to your use of the Website and supersede any prior agreements between you and THESPIKE.GG.
(ii) THESPIKE.GG shall not be liable for any failure to perform its obligations under these TOU where such failure results from any cause beyond THESPIKE.GG's reasonable control, including but not limited to mechanical, electronic or communications failure or degradation, or any force majeure event.
(iii) If any provision of the TOU or the Privacy Policy is found by a court of competent jurisdiction to be invalid, you and THESPIKE.GG agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or the Privacy Policy, as the case may be, shall remain in full force and effect.
(iv) The failure of THESPIKE.GG to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision.
(v) The section titles in the TOU and the Privacy Policy are for convenience only and have no legal or contractual effect.
(vi) These TOU and the Privacy Policy are drawn up in the English language.
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