User Agreement

This User Agreement (“Agreement”) is an agreement between you (“You” or the “Participant”) and TopCup with its subsidiaries, affiliates and agencies under the name “TopCup” (“Service”), hereinafter collectively referred to as the “Parties” and individually as a “Party”.

TopCup owns and provides the Site and various related services (collectively referred to as the "Service").

This Agreement is an official offer (public offer) by TopCup that provides the Service to any individual person in case accepting this Agreement on the following conditions.

  • 1. Subject matter of the Agreement
  • The Service offers the Participant ability to take part in game of skill cybersport contests (collectively referred to as the “Contests” and individually as the “Contest”) and access information, content, products and promotions that Service may provide on conditions of this Agreement, Terms & Conditions, Service Rules and Privacy Policy.

    Using the Service means that the Participant accepts all of conditions contained in this Agreement, Terms & Conditions, Service Rules and Privacy Policy.

    These conditions constitute a legal agreement between you and TopCup, and shall apply to your use of the Service even after termination.

    It is sole Participant’s responsibility to read all of these conditions carefully.

    This Agreement includes Terms & Conditions, Service Rules and Privacy Policy documents.

    In case of dispute over translation and understanding of User Agreement, Terms & Conditions, Service Rules and Privacy Policy, the English text shall prevail.

  • 2. Rights and obligations of the Parties
  • 2.1. Representations and warranties of the Service
    • During registration, the Participant shall be asked to create a user name (“Username”) and password (“Password”) to use the Service.

      After registration with the Service each Participant shall have the right to access his personal account in Service (collectively referred to as an "Account") by correct logon with Username and Password.

      There is only one way to take part in the Contests that is to be a registered user of the Service with an Account.

      Each registered user of the Service with an Account shall have the right to control the balance of an Account, following named as “Funds of an Account” (collectively referred to as the "Funds").

      The Service maintains confidentiality of personal information and payments in relation to each Participant, which based on the Privacy Policy.

      The Service can be contacted by feedback form available in Service.

      The Service reserves the right in its sole and absolute discretion to deny access to the Service to any Participant who misuses conditions of the Service.

      The Participant grants the right to the Service to send him e-mails and SMS messages.

  • 2.2. Representations and warranties of the Participant
    • Each Participant is only allowed to be once registered and to have single Account of the Service. If the Service finds that the Participant has multiple accounts he can at his discretion suspend or terminate all accounts of this Participant.

      By accessing the Service the Participant represents and confirms that he is at least 18 (eighteen) years of age or 19 (nineteen) years of age if he resides in Alabama, Nebraska, or British Columbia or 21 (twenty-one) years of age if he resides in Massachusetts, and that he is fully able and competent to enter into legally binding this Agreement.

      In order to deposit money to play paid entry contests the Participant represents and confirms that:

      • He is physically located in the country and reside in a jurisdiction in which participation in any contest is not prohibited by applicable law;
      • He shall abide at all times by conditions of the Service;
      • He is not a resident of any of the following states/provinces of the United States of America or Canada: Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington, Prince Edward Island, Quebec, and where otherwise contests prohibited by law;
      • He is not a resident of any other country where contests prohibited by law.

      If the Participant does not meet the eligibility requirements of this section, then he is not authorized to use the Service.

      If the Service finds that the Participant disregards conditions to his representations and warranties, including without limitation age and residence, the Service reserves the right to terminate an Account without notice to the Participant.

      At the time of registration and creating of an Account, the Participant must provide a valid email address and supply a Username and Password to be used to get access to his Account.

      The Participant is responsible for maintaining the confidentiality of his Username and Password, and is fully responsible for all cases of applying of his Username and Password, whether by him or any other person.

      It is strongly prohibited for the Participant to transfer or share his Account with anyone. The Service reserves the right to immediately terminate an Account on suspicion of any unauthorized access, transfer or sharing of an Account.

      The Service is not responsible for any possible damages and losses during using of an Account by any third party.

      The Participant agrees to provide accurate, actual and complete information about himself to the Service. If the Participant provides any information that is inaccurate, not actual or incomplete, or TopCup has reason to suspect that such information is inaccurate, not actual or incomplete, TopCup may deny to the Participant access to areas requiring registration, or terminate his Account, at its sole discretion.

      The Participant may terminate unilaterally his Account. In case of termination the Participant have to contact TopCup via his email with a note to say that he wish to terminate his Account. An Account shall be blocked after full and final settlements for a Participant's Account.

      The Participant agrees that all information to the Participant, including Username, personal dates, photos, music and videos may be used by the Service for marketing purposes.

  • 3. Limitation of games of skill
  • The Contests on the Service are games of skill.

    Winners are determined by the objective criteria on conditions of the Service. Winners are determined among the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the best possible amount of scores according to the corresponding scoring rules.

    The Service shall not be used for any form of gambling, including but not limited to sweepstakes, sport betting or casino.

  • 4. Limitation of liability
  • The Service shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses.

    The Service shall not be liable for the quality of service of his partners, intermediaries and third parties.

    The Participant permits to the Service to collect, store and use his personal information for marketing purposes.

    The Service shall not be liable to you for the handover of your personal information to state agencies by any request.

    The Participant understands and agrees to take all the risks by using of telephone lines, the Internet and other means of communication.

    Registration of the Participant means his agreement with Privacy Policy of the Service.

    The Participant understands and agrees to be verified by the Service for his personal information, including without limitation his age and country of residence, as well as the identification of his personality.

    The Service may suspend or terminate your Account immediately, without prior notice or liability, if you use the Service for any illicit or fraudulent activity, or for any unlawful or fraudulent transaction (including suspicion of money laundering).

    The Service does not provide any opportunity to use the Service for any illicit or fraudulent activity, or for any unlawful or fraudulent transaction.

    All entries in an Account become the property of the Service and shall not be acknowledged or returned.

  • 5. Intellectual Property Rights
  • The content of the Service, including without limitation, the text, software, graphics, photos, sounds, music, videos, interactive features and the like on the Service, are owned by TopCup or licensed to TopCup by third parties.

    Content of the Service is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

    If you download or print a copy of the content of the Service for personal, noncommercial use, you must retain all copyright and other proprietary notices contained therein.

    You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Intellectual Property, including without limitation copyrights, know-how and trademarks, or enforce limitations on use of the Service or the Intellectual Property therein.

    You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein.

    You may not copy, store, republish, rent, license, sell, distribute, modify, add, delete, destruct or disrupt any documents or information of the Service in any form or by any means without prior written permission from the Service or the third parties.

    The Service allows you to download text, audio, video, or other materials (collectively referred to as the "User Submissions") to or through the Service.

    When you provide User Submissions, you grant to TopCup with its subsidiaries, affiliates, and agencies a non-exclusive, worldwide, royalty-free, fully sublicense able license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products.

    You agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of TopCup, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable.

    Posting of any material like that may result for the Participant in an Account suspension or termination by TopCup.

  • 6. Force Majeure
  • The force majeure shall mean any event or circumstance beyond the control of the Parties which has occurred other than through its fault or negligence, which could not be avoided by taking reasonable steps, if the Party has taken all reasonable steps to prevent or mitigate such an event or circumstance.

    Such an event or circumstance leads to the actual and/or legal impossibility to perform one or more of the obligations and arrangements of the Party under this Agreement if such impossibility cannot be prevented or overcome by taking reasonable measures.

    For the purposes of this Agreement, among other things, the following events shall be considered as the force majeure, if they have an impact on the performance of obligations of the Party under this Agreement: strikes, hostile actions by other states, a state of war, floods, hurricanes, earthquakes, ionizing radiation or radioactive contamination from nuclear waste from burning nuclear fuel or radioactive, toxic, explosive or other hazardous substances of any explosive nuclear device or nuclear component of such a device, the shock waves caused by aircraft and other aerial aircraft, moving at sonic and supersonic speeds, fires and explosions, the fall of celestial bodies or any other actions or causes, and requisition or nationalization of the property.

    An occurrence of the force majeure shall release the Party from the liability for any failure or delay in performance of its obligations under this Agreement.

    In case the force majeure lasts for more than 30 (thirty) days, either Party may terminate this Agreement without any penalties set forth in this Agreement, including condition to notice of other Party 15 (fifteen) days before termination.

  • 7. Payments and entry fees
  • If you subscribe to the Service that requires payment of a fee, you agree to pay all fees associated with such Service.

    All payments are carried out within the framework of the Participant's Funds by the Service, which is bound to a Participant’s Account.

    The Participant agrees with all charges of the Service.

    For all charges the Services shall bill your credit or debit card.

    All taxes and other fees associated with the receipt or use of any prize are the sole responsibility of the Participant under jurisdiction of the Participant’s residence.

    The Service is not responsible for any kind of taxation of participants that may arise in the case of receiving of the prize, withdrawal of the Funds from a Participant’s Account.

    You agree to provide to the Service with accurate and complete billing information, including valid credit or debit card information, your name, billing address, residence address (if different), and telephone number, and to provide to the Service with any changes in such information within 7 (seven) days of the change.

    All payments are final and the fact of payment is the available Funds on an Account of the Participant.

    The Service does not provide loans to participants.

  • 8. Modification of conditions
  • The Service reserves the right to change these conditions of this Agreement, Terms & Conditions, Service Rules and Privacy Policy from time to time without notice to you.

    You acknowledge and agree that it is your responsibility to review the Site prior to using the Service and to be aware of any modifications.

    Your continued use of the Service after such modifications shall constitute your acknowledgment and acceptance of any and all modified conditions of this Agreement, Terms & Conditions and Service Rules, Privacy Policy and you acknowledge and agree to abide and be bound by any and all modifications.

    The Service may assign or transfer all or any its rights and obligations of this Agreement to a third party on condition of no modification of conditions for participants.

  • 9. Agreement Termination
  • Termination of this Agreement means that the Service has sent to the Participant the notification of termination, which includes information about final payment between the Service and the Participant.

    Assignment of rights or/and obligations by the Participant to other person under this Agreement is not allowed.