Publication date: 9th June 2023
References to the words “we,” “our,” or “us” (or similar words in meaning) mean the TEN Platform.
References to the words “you” or “yours” (or similar words in meaning) mean our User, the person to whom we provide the Site Services.
USE OF SITE SERVICES IN ANY FORM MEANS ACCEPTANCE OF THESE RULES OF USE AND AGREEMENT TO FOLLOW THEM.
1.1. Business – is a legal entity that belongs to the User, information about which is posted on the Platform Site.
1.2. Business Profile – is a functional part of the Site, with the help of which the Owner can verify, manage the Business profile’s, Business’s activities, add/delete content.
1.3. Business Profile Owner (hereinafter “Owner”) – is a registered User who owns the Business Profile. Business Owner can manage the Business Profile’s actions on the Site, and who can add Business Profile Administrator.
1.4. Business Profile Administrator (hereinafter “Administrator”) – is a special role of the User in a Business Profile, which allows the User to manage the Business Profile’s actions on the Site.
1.5. Business Catalog – is a part of the Site, in the form of a list, which contains Business Profiles that have been added by the User or an employee of the Platform.
1.6. Materials – means images, text, audio and video files or any other files that the User places on the pages of the Platform Site.
1.7. Platform Administrator – an employee of the Platform who performs the functions of interacting with the User, can act on behalf of the Platform Moderator and has all the rights of the Platform Moderator and has the right to apply sanctions to the User and appoint a Platform Moderator, consider Appeal from the User, apply sanctions and edit the content of the Site.
1.8. Platform Moderator – an employee of the Platform who performs the functions of interaction with the User, including: editing Personal and Statistical data; interacting with the User; processing User requests; making any decisions regarding the Business Profile and/or Personal Account or Personal Profile; transfer of roles from one User to another User; application of penalties; adding/removing members of the Business Profile; checking the domain and/or documents for verification; processing requests on behalf of the Business Profile Owner.
1.9. Personal Data – means any information that directly or indirectly allows identifying the User. For example, name, surname, phone number, and IP address.
1.10. Personal Account – an interactive part of the Site, with which the User has the right to create and manage a Business Profile.
1.11. Appeal – is the formulation of the information need of the User, in the form of a written appeal to the employees of the Platform with a description of the request and/or complaint against the actions of another User.
1.12. Site Services – is an algorithm of actions that the Platform performs for the User -and which are indicated by the Platform on the Site as well as other functions of the Site aimed at being of service to the User or Business.
1.13. Statistical Data – is public information about the Business, which is freely available and which the User provides to the Platform.
1.14. TEN Site (hereinafter “Site”) – means a web page or group of web pages on the Internet, which are located at: ten.gg
1.15. Esports Network Limited (hereinafter referred to as the “Platform” or “TEN”) – is a legal entity, registered at: Eden Place, St. Augustine Street, St George’s Bay, St Julian’s STJ 3310, Malta, that provides the User with the Site Services, posts the User’s Personal Data on its Site and the User’s Business Statistical Data on its Site and/or in social networks.
1.16. Third Party – means a natural or legal person, government agency, institution, or body other than the User, Controller, Processor, and persons authorized by the Controller or Processor under their direct supervision to process Personal Data or Statistical Data.
1.17. User – is an individual who registers on the Site, receives the Site Services, and/or provides the Platform with his Personal Data and/or Business Statistical Data.
1.18. User Consent (hereinafter referred to as “Consent”) – means a voluntary, specific, informed, and unambiguous expression of will in which the User, using a statement or a clear positive action, agrees to the processing of his Personal Data and/or the Business’s Statistical Data.
2.1. To receive the Site Services, the User undertakes to register on the Platform Site.
2.2. The User can register in one of the following ways:
2.2.1. by filling out the registration form on the Site;
2.2.2. using a Google account;
2.2.3. using a Linkedin account.
2.3. If the Owner specifies the Administrator, then the Administrator undertakes to register on the Site. If the Administrator refuses to register on the Site, they will not be able to use the Site Services.
2.4. If the User is already registered on the Site, then the User is obliged to log in when re-entering the Site.
2.5. The User can log in in one of the following ways:
2.5.1. by filling out the login form on the Site, specifying your email and password;
2.5.2. using a Google account;
2.5.3. using a Linkedin account.
2.6. After registration, the Platform provides User with access to the Personal Account and to the Site Services.
2.7. The User cannot log in to the Site using an e-mail or Google account or Linkedin account that was not specified by the User during registration on the Site.
3. BUSINESS ADDING
3.1. The procedure for adding a Business to the Business Catalog:
3.1.1. The User must go to the “Add Business” section of the Site;
3.1.2. The User must indicate without fail the Statistical Data provided by the Platform. If the User does not indicate the Statistical Data required by the Platform, then the TEN has the right to refuse the User to add the Business to the Business Catalog. The Platform has the right to change the list of required Statistical Data required for addition to the Business Catalog;
3.1.3. The User specifies the category and subcategory of the Business in the Business Profile;
3.1.4. The Statistical Data provided by the User will be checked by the Platform Moderator, within 5 (five) business days. The Business will be added to the Business Catalog only after approval by the Platform Moderator;
3.1.5. After adding the Business to the Business Catalog, the Platform creates a Profile for the Business.
3.2. To manage some of the functions of the Business Profile of the Business, the Owner is obliged to pass verification using the “Verification” section in the Business Profile settings. If the Owner has not verified his Business, the Platform has the right to refuse the User to place the Business in the Business Catalog.
3.3. Verification is carried out in one of the following ways:
3.3.1. The User confirms the ownership of the domain by confirming the corporate mail, according to the procedure indicated on the Site;
3.3.2. The User confirms the ownership of the Business by providing documents confirming the ownership of the Business in the relevant Business Profile from the Business’s corporate mail to the Platform’s email [email protected]. If the documents provided by the User are accepted by the TEN support service, the Business Profile of such User can be verified by the Platform.
3.4. The User has the right to carry out the following actions in the Business Profile:
3.4.1. The User can add additional Statistical Data;
3.4.2. Add Business Profile members and assign them the Business Administrator role. To exercise his rights and perform functions, the Business Administrator must be registered on the Site;
3.4.3. Post additional information, add the latest news, or examples of the work performed by the Business in the portfolio section of the Business Profile.
4.1. The Platform provides the following Site Services:
4.1.1. Create a Personal Account on the Platform;
4.1.2. Creating Business Profile on the Platform;
4.1.3. Send a request to the Platform employees to add the Business to the Business Directory;
4.1.4. Add and update information about your Business into your Business Profile: Statistical Data; news, portfolio, etc.
4.1.5 To post a job vacancy for your Business. In order to do so, the posting must include all the information required by the Site from time to time. We reserve the right to refuse to include a job vacancy if the necessary required information is not provided adequately.
4.1.6 Add a request for a project on behalf of your Business. In order to do so, the posting must include all the information required by the Site from time to time. We reserve the right to refuse to include a project if the necessary required information is not provided adequately. Furthermore, it is necessary that such requests do not violate Article 6 of these Terms of Business.
4.1.7 Add a service project being offered on behalf of your Business. In order to do so, the posting must include all the information required by the Site from time to time. We reserve the right to refuse to include a service project if the necessary required information is not provided adequately. Furthermore, it is necessary that such requests do not violate Article 6 of these Terms of Business.
4.1.8 Become a candidate for employment through the Site. In order to do so, the posting must include all the information required by the Site from time to time. We reserve the right to refuse to include a candidacy for employment if the necessary required information is not provided adequately. Furthermore, it is necessary that such requests do not violate Article 6 of these Terms of Business.
4.2. The Business’s Site Services are provided exclusively for registered Users, TEN has the right not to provide Site Services to an unregistered User.
4.3. The cost of the paid Site Services of the Platform is indicated in the relevant section of the Site. The User can get acquainted with the cost of the Site Services on the Platform Site. In the event of a change in the cost of the Site Services, the Platform Moderator notifies the User by sending a notification.
5.1. For Users who have registered their Business Profile, the Platform defines the following roles:
5.1.1. Business Profile Owner;
5.1.2. Business Profile Administrator.
5.2. The role of the Owner is automatically granted to the first User who registered the Business, or by adding this User to the Business by the Platform Moderator, in accordance with the User’s request.
5.3. The User can obtain the role of the Owner, by the Business claim procedure: The Business, which was added by the Platform Moderator, can be transferred to the User if he confirms the ownership of the Business’s domain by receiving a confirmation link to an e-mail address with an identical domain to the Business’s domain.
5.4. The Business Owner role can be transferred from the current Owner to another member of the Business in the following way:
5.4.1. The Owner sends a request to the Platform Moderator;
5.4.2. The Owner in the request indicates the Personal Data of the User, his role;
5.4.3. The Platform Moderator, within 5 (five) business days, decides to transfer the role or to refuse such a transfer (in case of doubt, the Platform Moderator has the right to request additional documents for the User who receives the Owner role or go through the verification procedure indicated on the Site).
5.5. The Owner has the right:
5.5.1. send the Platform Moderator a request to change/delete the Business’s Statistical Data;
5.5.2. appoint an Administrator and set his powers;
5.5.3. add additional Statistical Data;
5.5.4. verify the domain that he has indicated as the Business’s website to receive the “Verified” status;
5.5.5. verify the Business using documents confirming its relationship with the Business, using the verification form and upload documents for verification by the Platform Moderator or send to e-mail: [email protected];
5.5.6. interact on behalf of the Business with other registered and listed Businesses from Business Catalog or the Platform Moderator;
5.5.7. send a complaint to the Platform Moderator;
5.5.8. deactivate the Business.
5.6. The Business Administrator has the right:
5.6.1. on behalf of the Business, send a request to the Platform Moderator to change/delete the Statistical Data from his Business Profile;
5.6.2. add or set the permissions of other Business Administrators in his Business Profile;
5.6.3. add additional Statistical Data;
5.6.4. send a complaint to the Platform Moderator;
5.6.5. interact on behalf of the Business with other Users or Businesses, or the Platform Moderator.
6.1. While interacting with the Site, the User can post various Materials on the pages of the Site, including, but not limited to: Personal Account, Business Profile or comments/reviews left on the pages of the Site, or a chat message while communicating with other Users, using the Site function “request a chat”.
6.2. The Platform provides the requirements for the Materials that the User places on the pages of the Site. The User is prohibited from posting the following materials:
6.2.1. violates the intellectual property rights of a Third Party;
6.2.2. unlawful nature;
6.2.3. contains false or incorrect information;
6.2.4. misleads other Users;
6.2.5. contains signs of a pornographic or sexual nature, profanity;
6.2.6. humiliates the honor and dignity of other Users;
6.2.7. incites interracial, interethnic, religious, sexual and political hatred;
6.2.8. violates the rights and/or freedoms of other Users;
6.2.9. contains links to third-party sites that may damage the software of another User;
6.2.10. contains an arbitrary set of characters, does not make sense;
6.2.11. contains links to sites that distribute pornography, unlicensed software;
6.2.12. contains links, is an open advertisement of sites with network marketing, affiliate marketing, pyramid schemes, earnings at home and other types of fraud;
6.2.13. contains links to websites that advertise goods and/or Site Services for adults;
6.2.14. contains links degrading the honor and dignity of other Users;
6.2.15. contains links to escort and dating sites;
6.2.16. contains links to sites that advertise beliefs, personal growth courses, get rich quick, and the like;
6.2.17. contains obscene language;
6.2.18. contains jargon in the amount of more than 30 (thirty) percent of the text of the message, correspondence, gender or topic;
6.2.19. contains flood;
6.2.20. contains various ways to attract potential Users such as “get rich quick”, “build your wealth”, “financial independence”, etc.;
6.2.21. in which the rules of grammar are not observed;
6.2.22. contains links to online trading, trading tips related to the stock markets, including but not limited to message boards;
6.2.23. contains links to the sale of pharmaceutical products, including prescription drugs and counterfeit drugs, nutritional, herbal or drug supplements, or medicines;
6.2.24. contains proposals for loan restructuring and debt relief;
6.2.25. contains links and/or information about mortgages and loans;
6.2.26. contains links to the list of brokers;
6.2.27. contains religious and/or political information;
6.2.28. contains references to political parties and/or organizations;
6.2.29. contains advertising of alcoholic and/or tobacco products;
6.2.30. contains spam;
6.2.31. contains incitement to violence;
6.2.32. contains slander against other Users;
6.2.33. written only in capital letters;
6.2.34. use multiple grouped punctuation marks;
6.2.35. humiliates or insults other Users.
7.1. The User can get answers to his questions by sending an Appeal to the email address: [email protected].
7.2. The User has the right to file an Appeal in the form of a complaint against the actions of another User, the Business, and/or the Materials posted by the User.
7.3. The Appeal in the form of a complaint must contain the following information: the full name of the User and/or the name of the Business; the name of the User or Business against which the User is filing a complaint; a description of the reason for the complaint; evidence of his innocence in any form; a description of the rights that have been violated; description of the Materials that violate the rights of Users.
7.4. The User’s request is considered by the Platform Moderator within 7 (seven) business days from the date of its receipt. The Platform Moderator has the right to satisfy the complaint or refuse the User’s Appeal.
7.5. Based on the Appeal received, the Platform Moderator has the right to apply the following sanctions:
7.5.1. Send a request to the User to clarify the circumstances in respect of which and/or his Business the Appeal was submitted. The User undertakes to respond to the request of the Platform Moderator within 5 (five) business days from the date of its receipt. If the User does not respond to such a request, then the Platform Moderator has the right to apply penalties to the Personal Account or Business Profile;
7.5.2. Issue a warning to the User or Owner about the violation, indicating the period during which the User or Owner must eliminate the violation;
7.5.3. Block access to: Personal Account, Business Profile.
7.5.4. Delete: Personal Data, Statistical Data, Business Profile, Personal Account.
8.1. The User has the right to carry out the following actions in the Business Profile:
8.1.1. indicate the category and subcategory in which the Business operates (the User has the right to indicate several categories and subcategories);
8.1.2. may add additional Statistical Data;
8.1.3. to place his work in the portfolio;
8.1.4. add members of the Business Profile;
8.1.5. assign the User the role of the Business Administrator;
8.1.6. add the latest news of the Business.
9.1. The User has the right to carry out the following actions in the Personal Account:
9.1.1. edit the Personal Data;
9.1.2. create a Business Profile;
9.1.3. communicate with the administration of the Site;
9.1.4. the User has the right to leave reviews on another Business using his Personal Account without registering a Business Profile;
9.1.5. communicate with other Users.
10.1. To delete a Personal Account and/or Business Profile, the User must send a written application to the Platform’s email address: [email protected], indicating the reason for such deletion.
10.2. The Platform Moderator deletes the Personal Account and/or Business Profile within 7 (seven) business days from the date of receipt of such a written application from the User.
11.1. The Site provides additional functions and materials that the User can use.
11.2. Suggest a Business. The User may submit to the Platform the publicly available Statistical Data of a legal entity that is not in the Business Catalog. The Platform can process this information and enter it into the Business Catalog..
11.3. Blog. The Site contains a blog in which the Platform Administrator publishes relevant topics and news for Users.
11.4. Support. To receive support, the User can write to the Platform’s support service by e-mail: [email protected].
11.5. Partners. In the section of the Site, the partners of the Platform are placed in the form of information pages with a description of the TEN partners, a description of their activity (for example the partner holds an exhibition, participants from the industry provided on the Site are invited).
11.6. Request a chat. This is a functional part of the Site, through which Users can chat with other Users. Only moderated Businesses can request a chat with other Businesses, provided that such Business is already registered on the Site by another User and their Business Profile is approved by the Platform Moderator. The User has the right to request chatting, solely on behalf of his Business Profile, but his name will be used to identify the message sender. Access to such a chat will be provided to all members of the Business that participates in the communication.
11.7. Chat initiation mechanism with another Business:
11.7.1. The User creates a request to communicate with another Business;
11.7.2. The User that accepts a communication request can do one of the following:
184.108.40.206. accept communication and start the chat with this Business Profile;
220.127.116.11. add this Business Profile to the Ignore list, in which case all requests from this Business Profile will not be displayed for such a User;
18.104.22.168. add this Business Profile to the Block List, in which case the request will be rejected and members of this Business Profile will no longer be able to send communication requests.
11.7.3. The User has the right to remove Business Profiles from the Ignore List or Block List category.
11.8. Chat messages are stored for 6 months from the moment they are posted. After the expiration of such a period, the Platform will delete such messages in the chat.
12.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, site designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. Notwithstanding the above condition in paragraph 12.1., the Platform has the right to receive part of the Content from free sources without obtaining a license, provided that the owner of such content has provided his consent. Intellectual rights to the Content and/or Marks in a Business Profile belong to the owner of such Business Profile.
12.3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use.
12.4. The User grants the Platform the non-exclusive right to use, copy, process and transmit his Personal Data during the term of use of the Site Services.
12.5. All intellectual rights to Personal Data posted in the Profile belong to the User. The User grants the Platform a non-exclusive right to use, copy, process and transfer their Personal Data during the period of use of the Site Services.
12.6. All intellectual rights to the Statistical Data placed in the Business’s Profile belong to the Owner. The Owner grants the Platform non-exclusive rights to use, copy, process and transfer the Statistical Data during the period of use of the Site Services.
12.7. The User guarantees that the Personal Data and Statistical Data provided by him do not violate the intellectual property rights of a Third Party.
13.1. TEN shall not be liable for any damages incurred by the User as a result of the use of his Personal Data by a Third Party.
13.2. The User must not use the Site Services for commercial purposes. You may not sell, resell, license, sublicense, transfer or distribute the Site Services to Third Parties without the prior express permission of the Platform.
13.3. The Platform is not responsible for the Statistical Data posted in the Business Profile.
13.4. To the extent permitted by law, we provide Site Services “as is.” This means that we do not provide any guarantees, including but not limited to warranties of the commercial quality and suitability of the Site Services for specific purposes.
13.5. THE PLATFORM WILL NOT BE LIABLE FOR EFFECTS CAUSED BY AN ACT OF HACKERS, CRIMINAL SOFTWARE CHANGES, AND OTHER TYPES OF UNAUTHORIZED ACCESS AND USE OF SITE SERVICES.
13.6. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
13.7. TEN reserves the right, but not the obligation to:
13.7.2. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
13.9. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
13.10. The Platform reserves the right to refuse to provide Site Services to the User in the following cases:
13.10.1. violates the law of any EU country;
13.10.2. violates international law;
13.10.3. if the content of the Business website is untrue, inaccurate, or misleading;
13.10.4. if Personal and Statistical Data are unwanted or unauthorized advertising, advertising materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of the petition;
13.10.5. if Personal and Statistical Data are obscene, lewd, dirty, violent, harassing, defamatory, or otherwise unfavorable (as determined by us);
13.10.6. if Personal and Statistical Data are contains harassment or threats (in the legal sense of these terms) to any other person or propaganda of violence against a certain person or class of people;
13.10.7. if Personal and Statistical Data are violates the rights to confidentiality or publicity of any third party;
13.10.9. if Personal and Statistical Data are violates the current legislation related to child pornography or is otherwise intended to protect the health or well-being of minors;
13.10.10. if Personal and Statistical Data are contains offensive comments related to race, national origin, gender, sexual preferences, or physical disabilities
14.1. The User provides his Сonsent to defend, indemnify and hold harmless the Platform, including its subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including fees and expenses incurred any third party in connection with:
14.1.3. your violation of the rights of third parties, including, without limitation, intellectual property rights;
14.1.4. any overt malicious act towards any other User of the Site with whom you have connected through the Site.
14.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you indemnify us, and you agree, at your own expense, to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding to which this indemnity applies as soon as we become aware of it.
15.1. The User confirms that he has reached the age of eighteen and does not use the Site Services for illegal purposes.
15.3. The User provides his Consent to receive promotional messages to his e-mail. The User has the right to refuse to receive such messages by writing to the Platform’s email address: [email protected]
15.4. User Consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications Platform provide to User electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing.
16.APPLICABLE LAW AND DISPUTE RESOLUTION
16.1. All relations between the Platform and the User arising from the fulfillment of the terms of these Site Services for the use and use of the Site Services are governed by the laws of Malta.
16.3. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Malta Arbitration Centre in accordance with the provisions of the Arbitration Act (Chapter 387 of the Laws of Malta). The language of the proceedings shall be English.
16.4. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons