Coliseum Terms of Service

VERSION 1.0 | 9 juil. 2024

Legal notice

The platform Coliseum is edited by Immortal Game SAS, a French simplified joint stock company, registered with the trade and companies register of Paris under number 899 891 170, with registered offices located at 29, rue de Clichy (75009) in Paris.

The director of publication is Thomas Zaepffel. Contact: contact@immortal.game

The platform is hosted by Fly.io. Contact: support@fly.io

1. Foreword

  1. By accessing the online service coliseum.org and all other subdomains (the “Platform”) or using the Services (as defined below), You represent that You have the capacity and authority to form a legally binding contract online, either as an individual or on behalf of a legal entity and that You understand and completely agree to abide by these terms of services as amended, schedules included (the “ToS”).

  2. The most current version of the ToS can be reviewed by clicking on the "Terms of Services" link located on the Platform’s homepage. We may modify the ToS from time to time. You will be informed of all significant changes before the new version comes into force. During this period, You may terminate the ToS by any means provided that You complete any commitment to which You have already agreed.

  3. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TOS OR WITH ANY SUBSEQUENT AMENDMENTS OR UPDATES, YOU SHALL IMMEDIATELY STOP USING THE PLATFORM OR THE SERVICE. YOUR NON-TERMINATION OR CONTINUED ACCESS OR USE OF THE PLATFORM OR THE SERVICE AFTER THE EFFECTIVE DATE OR NOTICE PERIOD OF ANY AMENDMENTS OR UPDATES WILL CONSTITUTE YOUR ACCEPTANCE.

2. Definitions

Where drafted in upper case, whether written in singular or plural in the ToS, the words and expressions set out below have the following meanings unless otherwise indicated:

  1. “Account” refers to the User’s dedicated digital account on the Platform thanks to which he/she can access the Services and interact with Us.

  2. “Affiliate” refers to all persons and entities directly or indirectly controlling, controlled by or under the control of a person or entity, where control may be by management authority, equity interest or otherwise.

  3. “Blockchain” refers to permissionless and decentralised protocol supporting a distributed ledger and allowing transfer of digital assets and data.

  4. “Intellectual Property Rights” refers to refers to the inventions, know-how, patents, patents rights, copyrights, droit d’auteur and works of authorship (including without limitation, titles, websites, databases, source and object codes, themes, graphisms, designs, interfaces, UX, images, concepts, and methods of operation and any related documentation), trademarks, trade names, trade secrets and other intellectual property and proprietary rights recognized by French law, applicable foreign and international Laws, treaties and conventions and in any jurisdiction worldwide.

  5. “Law” refers to all applicable laws, ordinances, rules, decrees, orders, regulations or court decisions.

  6. "Personal Data" refers to any information of any kind whatsoever, regardless of the type of medium, including sound and image, relating to an identified or identifiable natural person, as defined and regulated by the French Data Protection Act of January 6, 1978 on the protection of individuals with regard to the processing of personal data and Regulation (EU) 2016/679 of April 27, 2016 (GDPR).

  7. “Platform” refers to the website coliseum.org and all other subdomains operated by Us and on which the Services are provided.

  8. "Terms of Service" or “ToS” refers to the present general terms of use, the purpose of which is to define the conditions under which Clients use the Products including their preamble, annexes, and any other document to which the general terms and conditions refer, as well as any amendment, substitution extension or renewal thereof.

  9. “We”, “Us”, “Our” refers to Immortal Game SAS as identified in the Legal Notice.

  10. “User”, “You”, “Your” refers to any user of the Services described herein.

3. Scope

  1. The purpose of these ToS is to define the conditions under which We provide You with the Services, as well as our mutual rights and obligations. The purpose of the Services is to provide an online gaming tournaments platform backed by a decentralised protocol specifically designed to address cheating.

4. Acceptance and amendment

  1. In order to be able to use the Services, Users agree to fully and unconditionally accept these T&Cs by ticking the relevant case on the Platform. The T&Cs are accessible at any time on the Platform and Users should read these T&Cs carefully before accepting them.

  2. In order to improve their features and quality, We may regularly modify the Platform and the Services. In particular, We may add, remove or replace certain functions at any time.

  3. Therefore, We may modify the T&Cs from time to time. Users will be informed of changes fifteen (15) days before the new version comes into force. During this period, Users may terminate the T&Cs by any means provided that they complete any commitment to which they have already agreed.

5. Access to the Platform

  1. In order to access the Platform:
  • Users must be at least 18 years old;
  • Users must have the capacity to enter into an agreement with Us and as the case may be, with other Users, in accordance with the Laws of the country in which they are located;
  • Users must not be prohibited from accessing the Platform under applicable Laws; and
  • We must not have previously prohibited the User from accessing the Platform for violation of Law or the ToS.
  1. Users must create an Account by providing necessary information (email, surname, name, etc.) and use it in accordance with the ToS.

6. Services

6.1. Tournament

  1. The Platform introduces a novel approach to organising and participating in online gaming tournaments, leveraging Blockchain technology to ensure fairness, transparency, and integrity. Tournaments are accessible to any User under the condition setup by the Tournament Manager, including the Buy-in fee.

6.1.1. Conditions

  1. Tournaments are organised on the supported games indicated on the Platform. The User commits to adhere to the Terms and Conditions governing the supported games.

  2. The conditions under which a Tournament may be organised are specified in the documentation available on the Platform’s Website. These conditions are subject to change at the sole discretion of the Platform and the Tournament Manager.

  3. The User acknowledges understanding and accepting that access to the Tournament is subject to:

  • the creation of an Account in accordance with these Terms;
  • the payment of a Buy-in fee in accordance with the Platform’s ToS and the Tournament Manager;
  • and fulfil the staking to allow the anti-cheat mechanism to work.

6.1.2. Tournament Manager

  1. A Tournament Manager is a community member allowed to organise, manage and rule Tournaments on Coliseum.

  2. Access conditions to a Tournament are determined exclusively by the Tournament Manager. The Platform shall not be held liable to Users with respect to these specific conditions.

6.2. Anti-cheat Platform

  1. This Service refers to an anti-cheating mechanism based on a decentralised voting system that allows Users and the entire community to participate.

6.2.1. Description

  1. The anti-cheating mechanism relies on economic incentives (staking) as well as the collaborative participation of community members and players. We recommend that you familiarise yourself with the operation of this mechanism before participating in the Services.

  2. Comprehensive information about this mechanism is available in the documentation on the Platform's Website.

6.2.2. Third party service providers

  1. The operation of the anti-cheat mechanism relies on third-party service providers entirely independent of the Platform. By using the Service, the User acknowledges understanding and accepting the terms and conditions of these third-party services.

6.2.3. Best endeavours obligation

  1. Considering the nature of this Service, the Company employs its best efforts to ensure the Service is used in accordance with industry standards and the expectations of the Users. However, the User acknowledges understanding and accepting that the Company is only bound by a best endeavours obligation.

6.3. Experience Point System

  1. The Experience Points (XP) System is put in place to be able to measure the commitment level of users towards the platform, which allows us to quantify a user’s past activity. More information is available in the Platform's documentation accessible on the Website.

  2. The User acknowledges and agrees that the points are provided at the sole discretion of the Company. The Company reserves the right to modify, at any time and without prior notice or justification, the conditions for earning points and the benefits associated with them (e.g., Access to new roles, Staking bonus, etc.).

7. Right of withdrawal

  1. In application of Article L.221-28 of the French Consumer Code and the upcoming European regulation, this right of withdrawal does not apply to the provision of the Services.

8. Pricing

  1. In consideration of the Services, You shall pay to Us the fees detailed in the Platform's documentation.

  2. The Service fees may be adjusted at any time at the sole discretion of the Company. Users will be given prior notice within a reasonable period. Continued use of the Service after this period will constitute acceptance of the revised Service fees.

9. Liability

9.1. Our liability

  1. We undertake to provide the Platform and perform the Services with the care normally expected from a professional in this field and to comply with the professional customs in force. We will make our best efforts to make the Services and the Platform available to You and ensure their accessibility and proper operation.

  2. We undertake to ensure that the Platform is accessible 24/7 but We can only be held to an obligation of best endeavour to ensure its accessibility. Indeed, We may suspend the Platform and the Services in the event of:

  • force majeure or unforeseeable and unavoidable events;
  • breakdowns, hacks or malfunctions that are not our responsibility;
  • harmful or unintended consequences of the operation of third party services;
  • unusual or illegal or suspicious use of the Services by a third party or a User;
  • suspensions for the maintenance interventions and updates that are required for the proper operation of the Platform.
  1. We cannot be held liable for any damage resulting from such suspensions.

9.2. Your liability

  1. You agree and guarantee:
  • to comply with the Laws and regulations in force in the country in which You are located;
  • that You are of legal age or have obtain a legal representative authorisation and supervision and have the capacity to enter into an agreement with Us and as the case may be with other Users, in accordance with the Laws of the country in which they are located;
  • to provide information that is truthful, accurate and free from error when interacting in and with the Platform and the Services and to keep this information up-to-date throughout Your time using the Platform and the Services;
  • to use the Platform and the Services in accordance with its intended purpose and objective.
  1. You understand and accept that the following acts are strictly prohibited:
  • all kind of fraudulent activities;
  • any behaviour that disrupts, suspends, slows or prevents the continuity of the Platform and Services;
  • any intrusion or attempted intrusion into Our information systems or infringement of the security and authentication measures;
  • any act infringing Our rights and financial interests, whether commercial or legal;
  • any copying and/or misappropriation of the Platform and more generally any misuse of the Platform;
  • any infringement of Our Intellectual Property Rights.
  1. You are also responsible for complying with the regulations applicable to the contractual relationship to which You are a party.

10. Indemnification

  1. We may only be obliged to the reparation of direct damages caused by a breach related to the provision of the Platform and the Services. We will not be held liable for any other damages and losses suffered by the User, in particular indirect damages (including but not limited to, earning or profit losses, commercial damages, the consequences of complaints, actions, claims of third parties against the User) even where We have been informed of their occurrence.

  2. You guarantee Us and our Affiliates against any complaints, claims, actions and/or demands that We may suffer as a result of Your breach of any of Your obligations under these ToS. You undertake to indemnify Us for any direct damage suffered as a result of such a breach.

11. Duration

  1. The ToS are entered into for an indefinite term, they shall stay in force as long as You access and use the Platform and the Services.

12. Suspension and termination

12.1. Suspension

  1. If You breach the ToS, We may temporarily and without prior notice suspend access to the Platform and the Services.

  2. After an investigation period during which We shall verify the truth of the alleged violations, access to the Platform and/or to the Services may be restored or the ToS may be terminated in accordance with the terms below.

12.2. Termination

12.2.1. Cases

  1. You may terminate these ToS at any time by deleting your Account or sending an email at the contact address indicated in the Legal notice. After doing so, You will not be able to access the Platform and use the Services, unless You accept the ToS again.

  2. We may terminate the ToS unilaterally, without notice (i) in the event of serious or repeated breaches of one or more of the provisions of the ToS, (ii) in the event of an established risks for the Service or the others Users, (iii) if We ceases Our activities or become the subject of insolvency proceedings and the proceedings are not closed within sixty (60) days.

12.2.2. Consequences

  1. The termination of the ToS results in the irreversible deletion of Your data.You hereby acknowledge and agree that you shall forfeit any rights to potential prize pools associated with the Tournaments.

  2. At the date of termination, all of Your rights under these ToS shall be terminated. Termination of the ToS, other than for any breach attributable to Us, will not give rise to any compensation.

13. Hyperlinks

  1. The Platform may contain links or content redirecting to third-party websites or resources, which may be subject to different policies. We are not responsible for the content available through such links and the fact that they are available on Our Platform does not imply any endorsement from Our part of such services or content.

14. Intellectual property

  1. The Platform and the Services are protected by Intellectual Property Rights. Any use, reproduction or representation in any form of the Platform, the Services or any of Our content without express written permission is strictly prohibited.

  2. We grant You under these ToS a non-transferable, non-exclusive, non-sublicensable licence to access and use the Platform for personal, non commercial purpose in order to benefit from the Services, for the duration of the ToS. All rights that are not expressly licensed to You are strictly reserved to Us. The licence is limited to Your use of the Platform and does not extend to any other of Our Intellectual Property Rights.

  3. You may not reverse engineer, decompile, or disassemble the Platform, except and only to the extent that such activity is expressly permitted by applicable Law notwithstanding this limitation.

  4. You may link to the Platform, provided that You do so in a way that is fair and legal and that does not damage Our reputation or take advantage of it. You must not link in a way which suggests any form of partnership, association, approval, or endorsement on Our part without Our prior, express, written consent.

15. Miscellaneous

15.1. No waiver

  1. Except as otherwise provided by Law, and within the limit of any limitation period, a failure or delay to enforce Our rights or to seek for remedy under these ToS or at Law at any time shall not be construed as a waiver of such rights.

  2. Similarly, the partial exercise of Our rights or the partial seek of remedies under these ToS do not prevent Us from exercising any other rights or remedies. All remedies that We seek under these ToS do not prejudice all other remedies that We may have under the Law.

15.2. Severability

  1. If any provision of the ToS is declared null or void by a modification of Law or by a court decision, such provision shall be severed and the rest of the ToS will not be affected and remain in full force.

15.3. Assignment

  1. You may not assign or transfer any of Your rights or obligations under these ToS to a third party without Our prior written consent.

  2. We may transfer Our rights and obligations under these ToS, whether in whole or in part, to any third party without Your prior consent. Whenever possible, We will inform You of such a transfer. However, We do not have any obligation to notify You prior to the assignment.

  3. In particular, in the event of (i) a merger by formation of a new company, contribution, partial contribution of assets, merger by acquisition, asset spin-off, or any other operation entailing a universal transfer of Our assets or (ii) any operation entailing a direct or indirect change of control affecting Us, the contractual relation under these ToS will persist without it being necessary to inform or obtain Your consent.

15.4. Notifications and claims

  1. All claims related to the use of the Services may be submitted to Us using the features available on the Platform.

  2. You may also send an email to the email address indicated in the Legal Notice.

15.5. Evidence

  1. All electronic communications, including claims as set out above, are validly admitted as evidence by Us and by Users.

  2. Unless proven otherwise, the data recorded in Our computer system constitutes proof of all Transactions.

15.6. Disputes, Governing Law and Jurisdiction

  1. Any dispute in relation to the use of the Platform and the Services shall be submitted to Us by sending an email at the contact address indicated in the Legal notice. You must inform Us immediately and provide Us with Your contact details and all information that is necessary to assess the origin and consequences of the dispute.

  2. The ToS are governed by and interpreted according to French laws, except French conflict-of-law rules. For residents of the European Union, consumer rules may contain more favourable provisions, in which case such provisions will apply.

  3. In compliance with article L. 616-2 of the French Consumer Code, consumers may use the EU Commission’s mediation service which has the purpose of collecting claims from EU consumers and transmitting their cases to national mediators: europa.eu/consumers.