Spin Invest OÜ, registry code 14750124, registered address at A. H. Tammsaare pst 10c-1, 80015 Pärnu, Estonia (hereinafter referred to as MyGames) shall manage the MyGames smartapp and the website www.mygames.ee and the related subdomains, software, databases, updates and other connected and additional components and materials (hereinafter referred to as Application).
The Application will create a digital information exchange environment for tennis players, via which it is possible from one side to find vacancies inside generally closed tennis times and from the other side to find Replacement Players for personal customized tennis schedule (hereinafter referred to as Service).
A User is considered a physical person, who is a registered user of the Application. Upon registration, the User shall confirm to have read carefully the hereby Conditions of Service (hereinafter referred to as Conditions) and shall undertake to agree with and follow these Conditions in full. Upon agreeing with the Conditions, their relationship will become a binding Agreement between MyGames and User (hereinafter referred to as Agreement).
Contents of Service
- To each User there shall be created his/her own account within the Application (Player Profile).
- To create a User Account (Player Profile), the User must provide a personal name, e-mail address and a unique and safe password within the Application.
- It is possible to create the User Account also by registering via a Facebook or a Google account.
- Based on the functions of the Application used by the User, Users are divided, in accordance with different Player Profiles (by definition) into Players and Followers.
A Player is a User, who has created a customized group of tennis schedule or in other words, a Game Profile or has joined in a Game Profile as a regular player (not as a Replacement Player) within the Application. A Follower is a User, who is registered to follow only a Game Profile and who is not a Player of the followed Game Profile.
- A Player shall be invited by a User who has created the respective Game Profile or in other words by an Administrator to join in a Game Profile. Each User who is not a Player of a respective Game Profile has a right to become a Follower of public Game Profiles (by definition), and also to request to follow semi-private Game Profiles (by definition). The Followers may invite to join in all Players of a respective Game Profile.
- The Application enables to find a Replacement Player for a next game related to a Player’s personal Game Profile. Finding a Replacement Player occurs separately for each game related to a Game Profile and is possible to set before each game within a determined period of time within the Application. Upon the activation of a search for a Replacement Player, each Follower of the respective Game Profile shall receive a corresponding notification. A Follower, who reacts first to the search of a Replacement Player within the Application, shall enter once as a Replacement member into a respective Game Profile to play within a game turn of a period closest in time. The Player, that needed a Replacement Player, shall ensure, that the Follower who has become a Replacement Player shall have a possibility to participate in the respective game on a condition, that the Follower shall follow the rules of the game and fulfill other obligations related to the game. The Follower appointed as a Replacement Player, shall undertake to participate in the respective game or find a Replacement Player for himself/herself.
- Participating in a Game Profile as a Follower shall not make the Follower a Player in the sense of the Game Profile nor shall he/she be entitled to any rights or claims related to further games.
- Within the Application, it is possible to create Game Profiles with different levels of privacy. A public Game Profile is visible to all Users and the Users may become Followers. A semi-private Game Profile is visible to all Users, but to become a Follower occurs only by presenting a request and it requires a consent by the Administrator. A private Game Profile is not publicly visible and to become a Follower requires an invitation by a Player of the respective Game Profile.
- The Player and the Follower have an opportunity to leave a Game Profile. Upon a Player’s leave from a Game Profile, the Follower does not have an opportunity to step in for the Player who has left.
- The Administrator has a right to remove permanently or temporarily a Player or a Follower from a Game Profile. The removal of the Follower is not allowed in the part of the game in which he/she is appointed as a Replacement Player.
- The User shall understand and agree with the fact, that MyGames is offering only an environment to create and follow a customized digital Game Profile, which helps Users first to find opportunities to play and secondly, to find replacements or in other words gives an opportunity for Users to interact, exchanging information. MyGames shall not be liable in any case, including the condition of game areas of a Game Profile, attendance of other persons entitled to participate in a game, their conduct and other activities related to this, the rent price of a tennis court, payment terms and other possible financial obligations, management of the game, authorisation of an owner of a tennis court to invite Replacement Players etc.
- MyGames shall not ensure, that a Follower registered as a Replacement Player shall be granted a possibility to participate in the game during the replacement period free of charge or a compensation etc. And that he/she shall not be subject to any additional obligations related to the game. The Follower shall undertake to identify individually all obligations (incl. obligations to pay fees) related to the game and the use of tennis facilities prior to becoming a Replacement Player and to fulfill them.
- The User shall understand and agree with the fact, that by registering in the game via the Application, the Parties of all legal relationships related to the games provided by the Application shall be the Users and in any case MyGames shall not participate in the related legal relationships. MyGames is not liable for the fulfillment of the interdependent legal relationship between the Users, but instead, the Parties of the legal relationship. MyGames shall not be a manager, broker, commissioner, guarantor or similar of the User.
- The legal relationships between Players of a Game Profile shall form in accordance with agreements made between Players and the Application shall not create nor terminate the respective legal relationships (e.g. does not take away the right to participate in a respective customised game time from a Player removed from a Game Profile if the Player has the respective right to participate in a game).
- MyGames is not liable for the financial agreements between the Users nor for their fulfillment nor shall it be a Party of the respective agreements.
Rights and Obligations of the User
- The User shall undertake to:
- Use the Application in compliance with the Conditions and instructions provided for in the Application, legal acts and good practice;
- Provide valid data upon registration, incl. register under his/her valid and full name and use a valid e-mail address and notify MyGames immediately upon changing the data
- Ensure that the data provided for the use of the Application shall not be false, misleading nor unprecise, shall not violate the rights of third party persons nor shall be in contradiction with the valid legislation and good practice;
- Update constantly the data within the Application (Game Profile data and similar), to ensure that the Players and the Users would not obtain false information via the Application (provide immediately a notification on a cancellation of a game or on the termination of a regular customised game time related to a Game Profile or similar);
- Store the set password and username for using the Application in a fashion, that it would not fall into the hands of any third party persons and to notify immediately of a loss of the password or the username of MyGames or if they have fallen into the ownership of a third party person. The User shall understand, that when the password and the username fall into the ownership of third party persons, the latter have a possibility to accept binding obligations for the User, for which the fulfillment shall be liable for the User and MyGames does not bear an obligation to control additionally (besides the password and the username) the identity of the person of the User.
- It is prohibited for the User to:
- Use the Application in contradiction with good practice or for an illegal purpose;
- Upload or forward viruses or other computer programmes and files that interfere with, damage or disturb in any other way a regular use of the Application or that may undermine the functioning of the hardware of other Users;
- Do other, that is contrary to the provisions of the Conditions.
Rights and Obligations of MyGames
- MyGames has a right to limit or cancel the right to use the Application of a User, in case if:
- The User violates the Conditions;
- The User misleads other Users nor does not fulfill the respective obligations;
- There exist any other significant reasons.
- MyGames has a right to cancel or temporarily suspend a Game Profile, relating to which they have a reason to believe, that the respective data provided in the Application is false or obligations have not been fulfilled towards a Follower of a Game Profile.
- MyGames has a right to monitor the activities within the Application and apply respective measures to investigate violations and misuse related to the Application and fulfillment of the Conditions.
- The Application and all of the intellectual property rights related to its contents belong to MyGames. The User shall undertake to ascertain and ensure, that upon the use of the Application, the User shall not violate the right of the intellectual property neither of MyGames nor any third party persons.
- MyGames may replace, improve, cancel and make amendments in any other manner to the functions of the Application, composition of the data, structure, contents, accessibility and other similar within the Application any time according to its own discretion, as well as to change the requirements to the hardware and software necessary for the use of the Application and its Services.
- MyGames has the right to close the Application at any time and to terminate the provision of the Services without any prior notice, while the User shall not be entitled to arise any claims thereof against MyGames.
- MyGames has a right to suspend temporarily the provision of the Services via the Application, if necessary, for the purposes of the provision of the Services, technical changes, updates or maintenance work, in case of replacement, amendment or maintenance work of the public network services or in cases deriving from law or regulations of relevant authorised competent authorities and their decisions.
- MyGames is not liable in any case for the interruption, stoppage or suspension or inaccessibility to the Service in any other similar manner. MyGames shall not ensure the illimited accessibility, use and compatibility between devices of all Users and the Application.
- MyGames is not liable for the authenticity of data provided by the Users to the Application. The User shall be exclusively liable for the authenticity and compliance with law of the respective inserted data by the User.
- The Users are indipendent from MyGames and they are not considered neither managers nor employees of MyGames and they do not have a right to assume any obligations on behalf of MyGames.
- MyGames is not liable for the activity, idleness, promises, liabilities, violations or negligence performed by the User nor any related harm, death, damage, expence or other detrimental consequence of the conduct of the User. MyGames is not liable nor shall it compensate any amounts of money for any delay, cancellation, violation or other similar occurrence outside of the control of MyGames.
- MyGames is not liable for any direct, indirect, punitive, casual or other similar damage or consequence deriving from the use, non-use, delay upon use or related to the use of the Application or nor is it liable for any harm caused by any information obtained via the Application, use of the Services or use of the Application in any other manner.
- The User shall undertake to compensate MyGames all costs and expenses for violation of the Conditions or any legal acts by the User.
- Upon an occurrence of a faulty operation or any questions upon orienting in the solutions proposed by the Application, the User is free to contact MyGames by the e-mail address firstname.lastname@example.org.
- MyGames shall respond to presented enquiries at the earliest opportunity from Monday to Friday during the regular working time (i.e. from 9 AM to 5 PM), excluding public holidays.
Amendments to Conditions
- MyGames has a right to make amendments to the Conditions unilaterally and to improve them, while the User shall undertake to check the Conditions regularly. When using the Application, the User is considered to follow the Conditions valid during his/her use of the Application in compliance with the explanations and instructions provided for in the Application.
Validity of Agreement
- The Agreement, in accordance with the Conditions, shall remain valid indefinitely.
- MyGames has a right to terminate the Agreement without any prior notice, if the User has breached the Agreement and if MyGames considers that it is impossible for the User to continue to use this Application due to the conduct of the User.
- The User and MyGames have the right to terminate periodically this Agreement at any time.
- In the event of the termination of the Agreement, the respective Game Profile shall be deleted.
- To the legal relationship based on the Agreement and the use of the Application between MyGames and the User, the legal acts of the Republic of Estonia shall be applied.
- Disputes between MyGames and the User shall be settled at the Harju County Court.