1. ABOUT
   1. XBorg DMCC, a company registered and existing under the laws of the United Arab Emirates, provides a community application via its website(s), offered from time to time through the URL https://community.xborg.com/ (collectively, the “App”).
   2. The Service (as defined below) is owned and operated by XBorg DMCC (“Company”).
2. AGREEMENT
   1. These Terms of Service (the “Terms”), are a legally binding agreement by and between the Company and you as a user (the “User”). Company and User may be referred to throughout these Terms collectively as the “Parties” or individually as a .
   2. PLEASE READ THE TERMS CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, THE USER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE PROVISIONS OF THESE TERMS. IF THE USER DOES NOT AGREE TO THESE TERMS, THEY SHALL EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON THE USER’S ACCEPTANCE OF THESE TERMS.
   3. The App is not endorsed by Riot Games, Valve Corporation, and other relevant game developers, and doesn't reflect the views or opinions of such game developers or anyone officially involved in producing or managing game developer properties. Riot Games, Valve Corporation and all associated properties of the game developers are trademarks or registered trademarks of the relevant game developers, including Riot Games, Inc. and Valve Corporation.
3. SERVICE
   1. The Service is a fans loyalty platform that created gamified community-building interactions between players and gaming communities. Through the App, the Company shall provide users various services, which may include, but are not limited to, hosting user profile pages and associated content, and access to and use of the App for all authorized uses (the “Service”).
   2. The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events
   3. The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.
   4. The Company will have no liability whatsoever for any losses, liabilities or damages Users may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.
4. AGE
   1. The Service is meant for those at least thirteen (13) years of age. Use of the Service by anyone under the age of thirteen (13) is a violation of these Terms. Users may not use the Service if the Company has previously banned a User from using the Service or closed a User’s account.
5. INTELLECTUAL PROPERTY
   1. The Company reserves all right, titles and interest in its and any possible affiliates' intellectual property in and to the App, the Services, the Company name, the domain names and any other Company content (the “Company Content”). Intellectual property and all other proprietary rights in relation to the Company content available on or through the App and/or Service (including but not limited to the interface, software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement for the Service) are the exclusive property of the Company or its licensors.
   2. All intellectual property in and to the Company Content not expressly mentioned herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions of the App, Service and Company Content. Any other use of the App, Service and Company Content, including but not limited to the distribution, reproduction, modification, the making available, the communication to the public, public performance, framing, downloading, displaying or transmission, including the creation of any derivative work in whole or in part, without the prior written consent of the Company is strictly prohibited.
   3. Users may not derive or attempt to derive the source code of all or any portion of the App, Service and the associated software (hereinafter referred to as “Software”), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.
   4. The Company shall retain all intellectual property and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the App.
   5. The Company, together with its licensors expressly reserves all intellectual property in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the App and Service. Access to the Service does not confer and shall not be considered as conferring upon anyone any license under any third party's intellectual property rights.
6. LICENSE
   1. Subject to strict compliance with these Terms and for the purpose of using the App and benefiting from the Services, the Company grants Users a limited, non-transferable, non-exclusive, non-sublicensable, revocable license to use the App and benefit from the Service in accordance with their intended purposes, subject to their strict compliance with these Terms, the applicable laws and any of the Company's policies (all together hereinafter referred to as the “Licence”).
   2. The Company is constantly modifying and improving the App and the Services. The Company may at any time introduce new features, change existing features, or remove features from the App and the Services at any time and without notice.
   3. The License granted to Users by the Company will automatically extend to any new feature or Service available on or through the App. In the event that the Company, at its sole discretion, suspends or terminates the possibility of Users to make use of the App or Services, the Licence granted by the Company is immediately revoked without any reservation and with immediate effect.
7. USE
   1. Users may not impersonate someone else, create or use an account for anyone other than themselves, and provide an email address other than their own. If Users use a pseudonym, they shall take care to note that others may still be able to identify the User if, for example, Users include identifying information in their in-App activities, use the same account information on other sites, or allow other sites to share information about User with the Service. The Company shall not be liable for any issues, losses, or disruptions arising from the use of multiple accounts on the App, including but not limited to access restrictions, data inconsistencies, or account suspensions.
   2. Users agree to use the Service only for lawful purposes and that Users are responsible for their use of and communications and content User may post via the Service. Users agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others' intellectual property, impersonates any individual or entity, or otherwise violates any applicable law. Users agree not to solicit personal information from minors. Users agree not to use the Service in any manner that interferes with its normal operation or with any other user's use of the Service.
   3. Users may not do any of the following while accessing or using the Service:
      1. access, tamper with, or use non-public areas of the Service, the Company's computer systems, or the technical delivery systems of the Company’s providers;
      2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
      3. access or search or attempt to access or search the Service by any means other than through the Company's currently available, published interfaces that are provided by the Company, unless Users have been specifically allowed to do so in a separate agreement with the Company;
      4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
      5. disrupt or interfere with the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.
   4. Users may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. Users will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service.
   5. Users further agree that they will not access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of the Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of the Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rules and regulations.
   6. Users agree that they will not access the Service from any territory where its contents are illegal, and that you, and not the Company, is responsible for compliance with applicable law.
   7. Users’ use of the Service is at their own risk, including the risk that User might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
   8. Furthermore, Users herein agree not to make use of the Services for:
      1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
      2. causing harm to minors in any manner whatsoever;
      3. impersonating any individual or entity, including, but not limited to, any Company staff, moderators, and the like, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
      4. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
      5. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
      6. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;
      7. interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to the Company's website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers; or,
      8. collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
   9. Users may not be (a) the target of economic sanctions, financial sanctions, trade embargoes, or export controls administered, enacted, or enforced from time to time by the United States of America (“U.S.”) (including those administered by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Department of Commerce, or the U.S. Department of State), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis a vis the EU).
8. THIRD-PARTY WEBSITES
   1. In the event that the Company includes links via the Service to third-party websites (including advertisements) which may include products, goods, services or information offered therein, these are provided only as a convenience. If a User clicks through using these links to other websites, the User may leave the Company's App. The Company does not control nor endorse any such third-party websites. Users agree that the Company shall not be responsible or liable for any content, products, goods, services or information provided or available via any third-party website or for their use or inability to use a third-party website.
   2. Users will use such links at their own risk. Users are advised that other websites on the Internet, including third-party websites linked from the Company's App, might contain material or information:
      1. that some people may find offensive or inappropriate;
      2. that is inaccurate, untrue, misleading or deceptive; or,
      3. that is defamatory, libellous, infringing of others' rights or otherwise unlawful.
   3. The Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any third-party website or in advertisements or content that third parties may have listed or offered on the Company's App.
   4. Users’ interactions with third parties found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between User and the third parties, except as may be otherwise stated herein. Users acknowledge and agree that Company is not a party to any transactions User may enter into, except as may be stated herein, using the Service and the Company shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Thirty-Party.
9. REWARDS
   1. The Company may, from time to time, offer certain rewards to Users for promotional and other purposes (each, an "Promotion"), starting and ending on the dates specified for each separate Promotion either via email, social media, the App, Discord or any other electronic medium deemed appropriate, in the Company's sole and absolute discretion (the “Promotion Period”) subject to these Terms. The Company may decide, in its sole discretion, to extend the duration of a Promotion Period.
   2. A Promotion may include, but shall not be limited to, perks, discounts, quests, and prizes, and shall be open to eligible participants during a Promotion Period.
   3. Eligible participants are persons who:
      1. have opened a user account on the App; and
      2. during a Promotion Period, have fulfilled any other conditions imposed or have performed any other action required by the Company, as communicated either via email, social media, the App, Discord, or any other electronic medium deemed appropriate, in the Company's sole and absolute discretion, in order to be eligible to participate in a Promotion (the “Eligible Participant”). The requirements and additional terms may vary for each Promotion (the “Promotion Terms”).
   4. Employees of the Company and partner companies that are involved in a Promotion are excluded from entering a Promotion. The use of bots and other similar tools for data mining or the automatic submission and transmission of data is not permitted; and
   5. In each case, by participating in a Promotion, Eligible Participants acknowledge and accept the Promotion Terms. In the event of any express inconsistency or conflict between these Terms and the specific Promotion Terms, the latter shall prevail. Unless stated otherwise:
      1. A Promotion shall only be available for a limited time and quantity, and may expire or be terminated by Company, at its sole discretion, without notice;
      2. A Promotion is subject to availability and may not be available in all locations;
      3. A Promotion is non-transferable and cannot be redeemed for cash or other items;
      4. A Promotion is subject to change, suspension, or termination by Company, at its sole discretion, at any time and without prior notice;
      5. A Promotion is void where prohibited by law;
      6. Use and redemption of any Promotion are also subject to these Terms, and any disputes arising from a Promotion will be resolved in accordance therewith;
      7. A Promotion may be subject to additional terms and conditions, which may be expressly referenced in the corresponding Promotion Terms or on the App where the Promotion is advertised and promoted, and/or that are otherwise applicable in connection with the Promotion or any asset related to the Promotion;
      8. Please note that certain portions of the Promotion may be the responsibility of or subject to additional restrictions by the organization(s) that provide or are otherwise responsible for any part of the Promotions (as applicable);
      9. The Company is not responsible for any errors or omissions in the Promotion or in any of the applicable terms and conditions, and each Promotion is provided on an "as basis without any representations, warranties, or guarantees of any kind or nature;
      10. The Company is not and shall not be liable for any losses or damage arising from any Promotion, including, but not limited to, any indirect, incidental, or consequential loss or damage, loss of data, income, or profit, loss of or damage to any property (whether tangible or intangible), or any personal injury or death;
      11. By redeeming any Promotion, Users expressly release Company and any affiliated companies from any and all liability arising from such Promotion or the use of any products, services, or other items associated with such Promotion.
   6. Each Promotion Terms are subject to change by the Company, at its sole discretion, at any time and without prior notice. The Company has the right to modify, suspend, or terminate any Promotion at any time without notice.
10. PRIVACY NOTICE
    1. Use of the Service is subject to the terms of the Company's Privacy Notice (https://community.xborg.com/privacy-policy) which is hereby incorporated into and made part of these Terms. Please carefully review the Company's Privacy Notice.
    2. By using or accessing the Service, Users agree to be bound by the terms of the Company's Privacy Notice.
11. USER CONTENT
    1. “User Content” means any and all information and content that a User submits to, or uses with, the Services, including but not limited to, content in the User's profile or postings. Users may choose to enter this information manually or, where available, synchronize with a third-party website. The Company does not verify the accuracy or completeness of User Content and these may therefore be subject to errors.
    2. Users are solely responsible for their User Content. Users assume all risks associated with use of their User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of their User Content that personally identifies User or any third party. Users hereby represent and warrant that their User Content does not violate any of the Terms.
    3. Users may not represent or imply to others that their User Content is in any way provided, sponsored or endorsed by the Company. Because Users alone are responsible for their User Content, Users may expose themselves to liability if, for example, their User Content violates these Terms in any way.
    4. The Company does not and is not obligated to backup any User Content, and their User Content may be deleted at any time without prior notice. Users are solely responsible for creating and maintaining their own backup copies of their User Content.
    5. The Company may moderate User Content submissions, but will not pre-screen them prior to publication. The Company reserves the right to remove or refuse to publish User Content at its discretion at any time. Users agree that the Company is not responsible for any financial loss, liability, or damage of any kind that may arise from the removal or refusal to publish User Content
    6. The Company reserves the right, but has no obligation, to review any User Content, and to investigate and/or take appropriate action against User in the Company's sole discretion if User violates these Terms or otherwise create liability for the Company or any other person. Such action may include removing or modifying their User Content, terminating their account, and/or reporting User to law enforcement authorities.
    7. Users understand that the Company is not liable for any third-party communications that User may receive from third parties or affiliates of the Company, in connection with their account. Users are solely responsible for evaluating and verifying the identity and trustworthiness of any correspondence User receives. The Company makes no representations or warranties with regard to the accuracy, trustworthiness or identity of third-party communications.
    8. Users may share App content on social media, however such sharing must include attribution to the App.
12. FEEDBACK
    1. By sending the Company any ideas, suggestions, documents or proposals (“Feedback”), User agree that (i) their Feedback does not contain the confidential or proprietary information of third parties, (ii) the Company are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) the Company may have something similar to the Feedback already under consideration or in development, and (iv) User grant the Company an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and User irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.
    2. Users further agree that any Feedback, including bug report, is provided voluntarily, with no expectation of compensation, commission, or other remuneration. Submission of Feedback does not create any contractual relationship or entitlement to future benefits.
13. TERMINATION
    1. Subject to this section, the Terms herein will remain in full force and effect while User uses the Service. Users may terminate their use of the Service at any time
    2. The Company may suspend or terminate the User’s rights to use the Service (including their account) at any time for any reason, or no reason, at the Company's sole discretion, including for any use of the Service in violation of these Terms.
    3. Upon termination of their rights under these Terms, by User or by the Company, their account and right to access and use the Service will terminate immediately. Users understand that any termination of their account may involve deletion of their User Content associated with their account from the Company's live databases.
    4. The Company will not have any liability whatsoever to User for any termination of their rights under these Terms, including for termination of their account or deletion of their User Content.
14. REPRESENTATIONS
    1. Users expressly acknowledge, represent, warrant, and agree that:
       1. The Company does not warrant or guarantee the suitability or availability of any material or content, including without limitation any data, products or services, found through the Service.
       2. The Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products or services found through the Service.
       3. The Company makes no representations or promises regarding any material or content, and that some of the material or content provided via the Service may be owned or licensed by third parties.
       4. The Company is not a party to any transaction between User and any provider of products or services via the Service except as may be specifically stated herein. Any dispute shall be resolved between User and the provider of such products or services or their customer.
       5. Any information, including any data, Company Content, or content on the App, including on any Company social media profile, are for informational purposes only.
       6. Users assume all risk when using the Service, including all the risks associated with any online or offline interactions with other Users, providers of products and services, and from additional fees or charges from their mobile carrier.
       7. Users are of legal age to form a binding contract and are at least the age as noted earlier herein, or of the age of majority where User reside, or User have the authority of such legal entity to form a binding contract; all registration information User submit is accurate and truthful; User will maintain the accuracy of such information; and User are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
15. INDEMNIFICATION
    1. Users agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Indemnified Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to their use of the Service, any activity related to their account by User or any other person permitted by the User, any User Content that Users submit to, post on or transmit through the Service, their breach of these Terms, their infringement or violation of any rights of another, or termination of their access to the Service.
    2. The Company reserves the right to assume, at the Company's sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and Users agree to fully cooperate with the Company in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Company
    3. Users hereby release and forever discharge the Indemnified Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service users or any third-party sites, including but not limited to: (i) their use of the Service, (ii) any activity related to their accounts by User or any other person, (iii) their violation of these Terms; (iv) their infringement or violation of any rights of another, (v) their violation of applicable laws or regulations, or (vi) their User Content.
    4. Company reserves the right, at its expense, to assume the exclusive defense and control of any matter for which Users are required to indemnify it, and Users agree to cooperate with the Company's defense of these claims. Users agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
16. WARRANTIES AND LIABILITY
    1. Users expressly understand and agree that:
       1. Users’ use of the Service is at their sole risk. The Service and the associated materials and content are provided on an “as is” and “as available” basis. The Company and the Indemnified Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement.
       2. Without limiting the generality of the foregoing, the Indemnified Parties make no warranty that: (i) the Service will meet their requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be accurate or reliable; (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by User directly or indirectly through the Service will meet their expectations or needs; and (v) any errors in the Service will be corrected.
       3. The Indemnified Parties shall not, under any circumstances, be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any 'bug' of the Service; (iii) for any unauthorized access to or disclosure of their transmissions or data; (iv) for statements or conduct of any third party on or via the Service; (v) for any disputes between users of the Service or between a user of the Service and a Third Party; or (vi) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Indemnified Parties of the possibility of such damages. The products, information and services offered on and through the Service would not be provided to User without such limitations.
17. MODIFICATIONS
    1. The Company may, at the Company's sole discretion, modify the Terms with or without notification. The “Last modification” date at the top the Terms indicates when the latest modifications were made to the Terms. By continuing to access and use the Service Users agree to any such modifications. Therefore, Users are responsible for reviewing and should become familiar with any such modifications. Users are encouraged to review these Terms periodically and to check the “Last modification” date at the top of the Terms for the most recent version.
    2. In addition, when using services or features on the Service, Users will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Notice as noted above. All such guidelines or policies are hereby incorporated by reference into these Terms.
18. MISCELLANEOUS
    1. Entire Agreement. These Terms constitute the entire agreement between the Company and each user of the Service with respect to the subject matter of these Terms.
    2. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
    3. Waiver. The failure of the Indemnified Parties to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that Party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms.
    4. Assignment. Users may not assign their obligations or rights hereunder to another entity or individual. The Company may transfer, assign or delegate these Terms and its rights and obligations without their consent.
    5. Force Majeure. The Company shall have no liability to User hereunder if the Company are prevented from or delayed in performing the Company's obligations, or from carrying on the Company's business, by acts, events, omissions or accidents beyond the Company's reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
    6. Relationship. No agency, partnership, joint venture, or employment is created as a result of these Terms and User do not have any authority of any kind to bind the Company in any respect whatsoever.
    7. Limitation. No action arising out of these Terms or their use of the Service, regardless of form or the basis of the claim, may be brought by User more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
    8. Governing Law. Users’ use of the Service shall be governed by the laws of the United Arab Emirates, without regard to the conflict of law provisions thereof. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.