Swarmio Terms of Service
1. AGREEMENT TO TERMS OF SERVICE
UBIQUE Networks Inc. (“UBIQUE”) provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by UBIQUE from time to time without notice to you. The TOS is available for viewing on-line at: https://inside.swarmio.gg/terms-of-service. Notice of changes to the TOS or other matters may be made by providing such notices to you generally. In addition, when using particular UBIQUE services, you agree to abide by the UBIQUE Acceptable Use Policy and any other guides or rules which may be posted by UBIQUE from time to time. All such guides and rules are hereby incorporated by reference into the TOS. Where any inconsistency exists between the TOS and any guide or rule, the TOS will prevail. Additionally, you further agree to be bound by UBIQUE Networks Terms of Service which can be found at http://www.ubiquenet.com/privacypolicy.php. This policy is not included as reference in this document.
2. DESCRIPTION OF SERVICE
UBIQUE provides users with access to a network of computers for the specific purpose of providing an infrastructure by which its users (“the Gamers”) can play computer games against each other either in competition or for pleasure (“the Service”). The Service includes various UBIQUE properties including but not limited to Swarmio™. The infrastructure that is powering the Service consists of a variety of network and computer equipment (“the Servers”). You acknowledge and agree that the Service is provided “AS IS” and that UBIQUE assumes no responsibility for the timeliness of, interruption to, deletion of, mis-delivery or failure to facilitate access to the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). If you provide any information that is untrue, inaccurate, not current or incomplete or UBIQUE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UBIQUE has the right to suspend, terminate or refuse any and all current or future use of the Service (or any portion thereof) by you.
5. YOUR CONDUCT
You are fully responsible for all your activities whilst using the Service. You agree to notify UBIQUE immediately of any unauthorized use of the Service. UBIQUE cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions contained in this section. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not UBIQUE are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. UBIQUE does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will UBIQUE be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mail or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm children in any way;
- Impersonate any person or entity, including, but not limited to, a UBIQUE official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service, the Servers or any other hardware connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- “Stalk” or otherwise harass another; or
- Collect or store personal data about other users.
- Carry out any unlawful act, not otherwise specifically referred to.
6. MANAGEMENT OF CONTENT
You acknowledge that UBIQUE does not pre-screen Content, but that UBIQUE and its servants or agents shall have the right (but not the obligation) in their sole discretion to move or delete any Content that is available via the Service. Without limiting the foregoing, UBIQUE and its servants or agents shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by UBIQUE or available via the Service. You acknowledge and agree that UBIQUE may preserve Content and may also disclose Content: (a) for the purpose of providing the Service to the Gamers and so as to ensure compliance with the standard operating procedures of UBIQUE or its affiliated companies, and/or (b) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (c) comply with legal process; (d) enforce the TOS; (e) respond to claims that any Content violates the rights of third-parties; or (f) protect the rights, property, or personal safety of UBIQUE, its users and the public. You grant UBIQUE permission to run manual and/or automatic systems, at its absolute discretion, to determine compliance with and to enforce the TOS and accept that this limited access to and monitoring of your computer is warranted and lawful. You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. UBIQUE reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
7. INTELLECTUAL PROPERTY RIGHTS OF OTHERS
If you are aware that the intellectual property rights of others or your own intellectual property rights are being or have been infringed on the Service, you agree to immediately provide UBIQUE with:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, and e-mail address;
The Service may provide, or third parties may provide, links to Internet sites or resources. Because UBIQUE has no control over such sites and resources, you acknowledge and agree that UBIQUE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that UBIQUE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. SUPERVISION OF CHILDREN
If you are under the age of 13, you require a parent or guardian to register your account and provide any contact information. Children under the age of 13 may not register without express permission from a parent or guardian.
UBIQUE is concerned about the well-being and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should supervise their access to the Service at all times. By allowing your child access to the Service, they will be able to access other computers on the network (including other Gamers’ computers) and the Internet. UBIQUE has no control over the Content which may be accessed via other Gamers’ computers or the Internet. Accordingly, as the legal guardian, it is your responsibility to determine whether use of the Service and/or the Servers is appropriate for your child. If you under the age of legal majority in your country of residence, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these TOS.
You agree to indemnify and hold UBIQUE and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE
You acknowledge that UBIQUE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You further acknowledge that UBIQUE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. MODIFICATIONS TO SERVICE
UBIQUE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that UBIQUE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that UBIQUE in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if UBIQUE believes that you have violated or acted inconsistently with the letter or spirit of the TOS. UBIQUE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that UBIQUE may immediately deactivate or delete your account and all related information and/or bar any further access to such files or the Service. Further, you agree that UBIQUE shall not be liable to you or any third-party for any termination of your access to the Service.
15. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in the information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by UBIQUE or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. UBIQUE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software.
You expressly acknowledge and agree that:
- Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law UBIQUE disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
- UBIQUE makes no warranty or representation that
- the service will meet your requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from UBIQUE through or from the service shall create any warranty or other obligation not expressly stated in the TOS.
17. LIMITATION OF LIABILITY
You expressly acknowledge and agree that to the fullest extent permitted by applicable law UBIQUE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if UBIQUE has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
Nothing in these TOS shall affect the statutory rights of any consumer, exclude or restrict UBIQUE’s liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of UBIQUE.
18. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and UBIQUE and govern your use of the Service, superseding any prior agreements between you and UBIQUE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and UBIQUE shall be governed by the laws of Canada. You and UBIQUE agree to submit to the exclusive jurisdiction of the Canadian courts. Any failure by UBIQUE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
19. TOURNAMENTS AND PRIZES
These Official Rules (“Rules”) of the Swarmio tournament system (“Swarmio Platform”) apply to each of the teams and individuals competing in Swarmio tournaments (“Players”), including both Starters and Reserve Players, as well as their managers, coaches, players, and other employees (“Participants”). These Rules apply to any and all tournaments (“Tournaments”) organized through the Swarmio platform, including Tournaments organized by third parties (“Tournament Organizers”), such as sponsors, as well as official Swarmio sanctioned Tournaments.
These Rules are designed solely to ensure the integrity of the system established by Swarmio to ensure competitive balance among the teams that play on the Swarmio platform. Standardized rules are designed to benefit all Participants who are involved in Tournaments, whether paid or free, including the teams, players and general managers.
A purchase or payment of any kind will not increase your chances of winning any Swarmio Tournament. Swarmio Tournaments are contests of skill. The odds of winning depend upon the skill of Participants and the number of Participants that enter the Tournament.
- Tournament Participation Eligibility:
- To be eligible to compete in Swarmio Tournaments, each Participant must satisfy the following conditions:
- Player Age: No Player shall be considered eligible to participate in any Swarmio Tournaments before his or her 13th birthday.
- Region Eligibility: Swarmio Tournaments are open to Participants in Canada and the United States, excluding Quebec. The Tournaments and these Rules are void in any jurisdiction where not permitted.
- Swarmio Employees: Swarmio and Ubique Networks employees (“Employees”) may participate in tournaments hosted on the Swarmio platform as owners, managers, coaches, Starters, and Reserve players (“Team Members”), but remain ineligible to collect any prize money from winning or participating in any tournament hosted on the Swarmio Platform. If any Employee places first in a Tournament, that Employee’s team will not be declared the winner and the next eligible team in the tournament standings will be declared winner.
- Tournament Fees: Tournaments organized on the Swarmio platform may require fees to participate. The fee is at the discretion of the Tournament Organizer.
- Swarmio Premium and Elite membership:Tournaments organized on the Swarmio platform may require Swarmio Premium or Elite membership to join. This must be clearly displayed in the Organizer’s Rules (as defined below). Member restrictions are at the discretion of the Tournament Organizer and Swarmio administrators.
- Tournament Organizer Rules
- Every Tournament hosted by a third-party Organizer must publish rules on the Swarmio platform (“Organizer’s Rules”), which include the following:
- Contact Information. Contact information (email or phone number) of the Tournament Organizer.
- Dates and deadlines. The Organizer’s Rules must include the (i) opening and closing dates and times to register for a Tournament, (ii) the date(s) and time(s) that the Tournament is taking place, and, (iii) if applicable, the closing date and time of the Tournament.
- Prizes. The number, approximate value and a description of each prize, as well as any pool distributions.
- Eligibility. Any additional eligibility requirements or restrictions (in addition to those set out above).
- Winner Selection Criteria. Description of how Tournament winners will be selected as well as how and when Winners will be contacted.
- Local Requirements. Any other information required to be disclosed under local or other applicable laws.
- All prizes and prize pool distribution must be clearly stated in the Organizer’s Rules. Prize money and distribution is the responsibility of the Tournament Organizer and must be in accordance with all applicable laws. Swarmio will not arbitrate or prosecute any conflicts arising from prize distribution or false advertising within Tournament Organizer’s Rules on the Swarmio platform.
- Swarmio sanctioned Tournaments will state prize pools and prize distribution clearly in tournament titles or descriptions. Prizes may be in the form of monetary rewards in the currency of USD, or goods and services, as permitted under applicable laws. Upon winning a Swarmio sanctioned Tournament, the winning Participants will be sent a confirmation email within a reasonable span of time indicating how and when the prize will be distributed. Upon confirmation from the Tournament winners, the Tournament prizes will be distributed.
- Rosters and Participation:
- Rosters and Participation in Tournaments created by Swarmio members is within the control and responsibility of the Tournament Organizer. Swarmio will not arbitrate disputes over roster organization or participation for open or closed user created Tournaments. Swarmio will not obligate a Tournament Organizer to include or exclude any Participant within a user created Tournament.
- Swarmio sanctioned tournaments gives Swarmio full authority to invite, ban, and organize rosters and Participants as Swarmio sees fit, in its sole discretion. If a Swarmio member or team would like to dispute the inclusion or exclusion of a member or team within a Tournament, they may use the contact information below to contact Swarmio tournament administrators.
- Competition Conduct:
- The following actions will be considered unfair play and will be subject to penalties at the discretion of Swarmio administrators:
- Hacking. Hacking is defined as any modification of the game client by any player, team or person acting on behalf of a player or a team.
- Spectator Monitors. Looking at or attempting to look at spectator monitors.
- Cheating Device. The use of any kind of cheating device and/or cheat program.
- Intentional Disconnection. An intentional disconnection without a proper and explicitly-stated reason.
- Profanity and Hate Speech. A Participant may not use language that is obscene, foul, vulgar, insulting, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; nor shall Participant promote or incite hatred or discriminatory conduct, in or near the match area, at any time.
- Abusive Behavior. Abuse of Swarmio administrators, opposing Participants, or audience members will not be tolerated. Repeated etiquette violations, including but not limited to touching another player’s computer, body or property will result in penalties. Participants and their guests (if any) must treat all individuals attending a match with respect.
- Responsibility Under Code. Unless expressly stated otherwise, offenses and infringements of these Rules are punishable, whether or not they were committed intentionally. Attempts to commit such offenses or infringements are also punishable.
- Harassment: Harassment of any kind is forbidden. Harassment is defined as systematic, hostile and repeated acts taking place over a considerable period of time, or a singular egregious instance, which is/are intended to isolate or ostracize a person and/or affect the dignity of the person.
- Sexual Harassment. Sexual harassment is forbidden. Sexual harassment is defined as unwelcome sexual advances. The assessment is based on whether a reasonable person would regard the conduct as undesirable or offensive. There is zero tolerance for any sexual threats/coercion or the promise of advantages in exchange for sexual favors.
- Discrimination and Denigration. Participants may not offend the dignity or integrity of a country, private person or group of people through contemptuous, discriminatory or denigrating words or actions on account of race, skin color, ethnic, national or social origin, gender, language, religion, political opinion or any other opinion, financial status, birth or any other status, sexual orientation or any other reason.
- Match-Fixing. No Team Member may offer, agree, conspire, or attempt to influence the outcome of a game or match by any means that are prohibited by law or these Rules.
- Subjection to Penalty. Any person found to have engaged in or attempted to engage in any act that Swarmio believes, in its sole and absolute discretion, constitutes unfair play, will be subject to penalty. The nature and extent of the penalties imposed due to such acts shall be in the sole and absolute discretion of Swarmio.
- Upon discovery of any Player or Participant committing any violations of the rules listed above, Swarmio may issue the following penalties in its sole discretion:
- Verbal Warning(s)
- Prize Forfeiture(s)
- Disqualification and/or Game Forfeiture(s)
- Account Suspension(s)
- Account Ban
- Repeated infractions are subject to escalating penalties. It should be noted that penalties may not always be imposed in a successive manner. Swarmio, in its sole discretion, for example, may ban a player account on first offense if the action of said Participant is deemed egregious enough to be worthy of an account ban.
- Tournament winners may be required to sign a release before being named Tournament Winner and/or claiming a Prize (“Release”). Such Release may include (i) confirmation that the Winner agrees to and complied with the Tournament Rules; (ii) confirmation that the Winner agrees to use their name and other Participant information in Tournament-related publicity (e.g. on the Swarmio platform); and/or (iii) a release by Winner of Swarmio and/or the Tournament Organizer from any liability associated with the Prizes.
- Spirit of Rules
- Finality of Decisions. All decisions regarding the interpretation of these rules, player eligibility, and penalties for misconduct, lie solely with Swarmio administrators, the decisions of which are final. Swarmio decisions with respect to these Rules cannot be appealed and shall not give rise to any claim for monetary damages or any other legal or equitable remedy.
- Rule Changes. These Rules may be amended, modified or supplemented by Swarmio, from time to time, in order to ensure fair play and the integrity of the Swarmio platform. Swarmio will give notice of any such amendments by posting the new Rules on this webpage.
- Governing law. These shall be governed and interpreted by the laws in effect in the Province of Ontario. Any Organizer Rules may be subject to other local, state, provincial, foreign or international laws and regulations.
- Cancellations. Swarmio reserves the right to cancel any Tournament for any reason or for no reason.
Please report any violations of the TOS to UBIQUE via post or e-mail at firstname.lastname@example.org.
21. SWARMIO REFUND POLICY
UBIQUE provides an initial 5 day refund policy. After this, renewal periods are binding and refunds cannot be offered. Please be aware of the following when ordering a server:
- Add-ons / Mods for games may be unstable or feature incomplete which can cause performance issues (aka lag).
- Depending on the quality of the server code and ancillary services provided by the developers and / or publishers; servers may be missing features, not perform as expected and may be unstable / crash, by purchasing a server you agree that such issues are beyond the control of UBIQUE.
21. DIGITAL MILLENNIUM COPYRIGHT ACT
Please note that since we respect game designer, game publisher, music, and other Content (as defined below) owner rights, it is UBIQUE’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the ” DMCA “). If you believe that anything in the UBIQUE Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Designated Agent: General Counsel Address of Designated Agent: 37 Nepean St, Sydney, Nova Scotia B1P 6A2 E-mail Address of Designated Agent: email@example.com Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
22. USE OF CONTENT, GAME PLAY VIDEO AND OTHER MATERIAL
By using the Service, you hereby grant to UBIQUE a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sub licensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Content, Game Play or other material, in any form, format, media or media channels now known or later developed or discovered. You grant UBIQUE and our sub licensees the right to use the name that you submit in connection with that content, if we or they choose.