TERMS OF USE

These Terms of Use (hereinafter referred to as the “Terms”) shall govern the access to and use of the website with URL https://www.nicecactus.gg (hereinafter referred to as the “Website”), published by the company E-SPORT MANAGEMENT, a French simplified joint-stock company with a capital of €1 516 738, 50, registered at the “Registre du commerce et des sociétés” of Grasse under number 829 761 790, and headquartered at WTC2, 120, Route des Macarons – 06560 Valbonne, France (hereinafter referred to as the “Company”). 

 ARTICLE 1 – OBJECT 

The Company is a global online platform https://www.nicecactus.gg dedicated to esport players, teams and organizations. It provides a range of tools to help amateur players move towards professionalization. Through the platform, players can assess their level, get a customized training plan, access training guides and team management tools, as well as participate in tournaments.

The purpose of these Terms and Conditions is to define the conditions under which the user (“You”, “Your”) may use and access the Website.

Therefore, You must agree to the Terms by checking the box “I accept the Terms of Use” upon registration on the Website.

The Company reserves the right to change the Terms at any time by publishing such changes online. The amended Terms should apply upon their publication on the Website. 

ARTICLE 2 – REGISTRATION ON WEBSITE

When You register on the Website, You must enter Your email address, username, password and date of birth. If You are under 16 years of age, You must provide a parental consent duly completed and signed at the time of Your registration. A confirmation email will be sent to the legal representatives.

You are the sole holder of Your account and acknowledge that You are responsible for any problems that may arise and more generally for any action taken through Your account. The creation of Your account is personal and must not affect any third party.

In addition, You agree to provide only accurate information. This information must not contain any sexual or racial connotations. You hereby agree to regularly update Your personal data.

In the event of non-compliance with these Terms, the Company reserves the right to suspend or delete Your user account. You will no longer be able to access Your personal data, Your account, and all the rights You have acquired on the Website will be revoked.

ARTICLE 3 – WEBSITE LOGIN VIA SOCIAL MEDIA NETWORKS

You can log on to the Website via Your social media networks (Facebook, Instagram, Twitter, etc.). 

You agree and acknowledge that the Company shall in no event be liable for the use You make of Your social networks. 

Nor shall the Company be responsible for the information posted on Your social networks. Everything You do or post on Your social networks is subject to the terms and conditions of use of these networks.

ARTICLE 4 – PARTICIPATION IN TOURNAMENTS

4.1. Compliance with tournament rules

For each tournament organized on Our platform, internal regulations containing tournament rules and procedures are posted on the Website. 

Therefore, You agree to abide by the rules of each and every tournament in which You participate. Failure to comply with these rules will be sanctioned in accordance with the procedures provided for in the tournament rules.

4.2.  Participation of minors in tournaments

4.2.1. Participation of minors under 12 years of age

Pursuant to article R321-44 of the French Code of Homeland Security, video game competitions offering monetary rewards are strictly prohibited for children under 12 years of age.

For competitions that do not offer monetary rewards, parental consent is required. This parental authorization must be sent together with the child’s valid ID card and that of his/her legal representative(s).

4.2.2. Participation of minors over 12 years of age

The participation of minors over 12 years of age in video game competitions offering monetary rewards is subject to parental consent. Pursuant to the terms provided for in Article R321-43 of the French Code of Homeland Security, this parental consent must be given in writing and sent together with valid documents proving the identity of the legal representatives and that of the minor.

ARTICLE 5 – INTELLECTUAL PROPERTY

The use of the Website does not grant you any right, of any kind whatsoever, on the elements present on the Website and in particular the texts, photos, videos, data, posters, logos, brands, and other elements reproduced on the Website. All rights associated with these elements are reserved and protected by intellectual property law and remain the exclusive property of the Company and, where applicable, of third parties who have duly authorized their inclusion on the Website. 

In accordance with the Intellectual Property Code, only the private use in a family circle is authorized. Any other use is likely to constitute an act of counterfeiting and may entail a breach of neighboring rights, punishable by this code.

Consequently, you cannot, under any circumstances and in any way, reproduce, represent, distribute, sell, modify, license all or any part of one of the elements reproduced on the Website, and all or part of the Website in general, without the Company’s prior express agreement. 

Any illicit use of any part of the Website (piracy, counterfeiting, etc.) may result in prosecution.

ARTICLE 6 – PERSONAL DATA

The Company complies with the provisions of the European Directive 95/46/EC on the protection of personal data and the French law known as “Informatique et Libertés” n°78-17 dated January 6th, 1978, as amended by law n°2004-801 dated August 6th, 2004 and law n°2006-64 dated January 23rd, 2006. In addition, the Company complies with the provisions of Law No. 2018-493 dated June 20th, 2018 on the protection of personal data.

More specifically, the Company undertakes to collect from You only the personal data that is strictly necessary for the provision of the services it provides.

For Your information, the Company will collect the following personal data concerning You:

  • First name and last name
  • Email address
  • Mailing address
  • Username
  • Date of birth
  • Gaming history
  • Chat history on the Website’s forum
  • Home country for statistical purposes

In accordance with the provisions of Article 8 of the GRDP, if You are a minor under 16 years of age, the express written consent of Your legal representative(s) is required to register on the Website.

Please note that this data will be kept by the Company for the time required to process it and until Your account is deleted.

You have the right to access, rectify and delete any personal data concerning You. You can send Your request to the following email address:  contact@nicecactus.gg.

In addition, specific information is included in each collection form in order to ensure that You are fully informed before any processing of Your personal data.

For more information about the processing of Your personal data, You can check the Company’s Privacy Policy available via the following link: https://nicecactus.gg/en/?open=privacy.

ARTICLE 7 – COOKIES 

When You sign up or log on to the Website, a consent pop-up will appear. It allows You to accept or decline cookies while You are browsing.

If You Accept, the cookies embedded in the pages and contents You have visited will be stored temporarily in a specific file on Your computer. They can be read by their sender only.

However, If you refuse cookies to be stored on Your computer or remove those already stored, You may no longer be able to use all Website features. If this occurs, the Company accepts no responsibility for any consequence resulting from the improper operation of the Website. 

Cookies settings vary from browser to browser. They are described in your browser’s help menu. It will explain how to change your cookie preferences. 

ARTICLE 8 – HYPERTEXT LINKS

The Website may contain hypertext links giving access to other websites managed by third parties.

The Company may not be held liable, directly or indirectly, for any current or future French or European legal or regulatory violation, for a website managed by third parties and for the consequences resulting from such violation.

Consequently, the Company does not, in any way, control or contribute to the development and editing of the contents available on these third-party websites. 

ARTICLE 9 – WARRANTIES AND DISCLAIMER OF WARRANTIES

Subject to the applicable legal and regulatory provisions, You hereby expressly acknowledge and agree that the Website is provided to You by the Company on an as-is and as-available basis, without warranty of any kind, whether express or implied. The use of the Website is at Your own risk and under your sole responsibility.  

The Company makes no warranty that the Website, the contents, and the products available will otherwise meet Your needs or expectations. The Company makes no warranty that the Website will be uninterrupted and without any errors, that these interruptions or errors will be corrected, or that the Website will contain no viruses. Any material downloaded and/or obtained, in any way whatsoever, while using the Website is at your own risk and the Company shall not be held responsible for any damage or loss of data suffered by Your computer or by any other hardware You may be using. 

In addition, the Company reserves the right to modify, suspend, delete or deactivate access to all or part of the Website at any time and without notice and shall not be held liable for any such modification, suspension, deletion or deactivation.

You hereby warrant that Your use of the Website is legal and authorized in all countries where You may log in.

In addition, We hereby inform You that the Website and any related content cannot be translated into all existing languages and is not available in all countries of the world. The Company cannot be held responsible for the inaccuracy of the information displayed on the Website.

Please note that no advice or information, whether written or oral, obtained by you from the Company or while using the Website, shall create any representation, warranty or guarantee not expressly provided for in these Terms. 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE COMPANY FROM ANY CLAIM OR DAMAGES OF ANY KIND WHATSOEVER, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, RELATED TO YOUR PARTICIPATION IN ANY EVENT, TOURNAMENT, USE OF GUIDES OR TRAINING SESSIONS AIMED AT IMPROVING YOUR PERFORMANCE. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

ARTICLE 10 – LIABILITY AND FORCE MAJEURE

In accordance with the applicable legal or regulatory provisions, the Company shall not be liable for any damage or loss of any kind whatsoever (including, but not limited to, direct, indirect and economic losses or damages) that are directly or indirectly related to:

  • the use or inability to use the Website, including, but not limited to, customer attrition, work stoppage, hardware failure or malfunction;
  • the loss or damage of data related to user accounts, statistics, information, stock shortage;
  • service disruptions, including issues related to operating systems, equipment failure, billing system failure, or any other event that may result in the loss or suspension of the services provided on the Website;
  • the Website content;
  • Your use of the Website;
  • any measures taken by competent persons within the Company or outside the Company, with respect to Your or anyone else’s use of the Information;
  • all measures relating to copyright and intellectual property rights
  • any error or omission in the use of the Website’s services
  • any damage to your computer hardware, computer software, or other equipment or technology including, but not limited to, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if such damage could have occurred during the contractual relationship or as the result of tortious liability (including, but not limited to, force majeure, theft or vandalism).

The Company may not be held liable if the indemnification for the damage suffered exceeds the amount paid by You during the 12 months prior to the damage.

ARTICLE 11 – WEBSITE CLOSURE OR SUSPENSION

The Company reserves the possibility, whenever they wish to do so, to modify, temporarily or permanently suspend, all or part of the Website, without prior notice and with no indemnity. 

Therefore, the Company may under no circumstances be held liable to You or to a third party for any modification, interruption or suspension of the Website.

The version of the Terms that You must abide by and that will be enforceable against You in the event of a dispute is the version in effect on the Website.

ARTICLE 12 – RULES OF CONDUCT

By registering on the Website, You agree to abide by the following rules:

  • You shall not participate in any activity that infringes applicable laws and regulations
  • You shall not use the services to which You have access to develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized software, or engage in any form of cheating, boosting or booting
  • You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the Company content, any updates, or any part thereof, for any commercial purpose, including, without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Company; (b) for gathering in-game currency, items or resources for sale to third parties; (c) the sale of accounts, log-in information, or any other confidential information
  • You shall not disable, hack, circumvent or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Company content or materials, without the Company’s express consent
  • You shall not use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Website
  • You must not interfere with or disrupt the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or to interfere with the Website in any way whatsoever
  • You shall not, except as authorized by the Company in writing, host, provide or develop matchmaking services for the Website, or intercept, emulate or redirect the communication protocols used by Company in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks
  • You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Website, servers or networks connected to the Website or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website
  • You shall not scrape, copy, aggregate, redistribute, alter, reproduce or re-use any third-party user’s information accessible through the Website
  • You shall not solicit, collect or use the login credentials or other confidential information of other users of the Website
  • You shall not defame, stalk, bully, abuse, harass, threaten, impersonate, bully, or intimidate people or entities and you must not post private or confidential information via the Website, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses
  • You shall not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability 
  • You shall not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website and your communications, including but not limited to, copyright laws
  • You shall not create or submit unwanted email, comments or other forms of commercial or harassing communications (a.k.a “spam”) to any users.
  • You shall not create accounts on the Website through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper
  • You shall not attempt to restrict another user from using or enjoying the Website and you must not encourage or facilitate violations of these Terms or any other Company terms
  • You shall not infringe any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity
  • You undertake not to promote, in any way whatsoever, any brand that competes with the Company

ARTICLE 13 – REVIEWS AND COMMENTS MODERATION

The Company provides You with a chat system allowing You to communicate with other users on the Website (hereinafter referred to as the “Chat”). If You wish to post messages to this Chat, You must do so in accordance with these Terms. You hereby undertake to:

  • use the Chat in accordance with applicable laws and regulations, and for no illegal purposes
  • not to publish or create any hypertext link that:
    • contains viruses, files or codes designed to interrupt, destroy or limit the Website, collect or store personal information about other users
    • compromises the identity of any third party, or user, or any other company, etc
    • is defamatory, offensive, provocative, hateful, threatening or likely to cause nuisance and disruption
    • infringes or violates the rights of any person, company, corporation, including, but not limited to, privacy rights, intellectual property rights, contractual rights and confidentiality rights
    • promotes discrimination on the grounds of race, sex, religion, nationality, disability, sexual orientation or age
    • contains advertising or any form of unwanted promotional material such as spams
    • not to use the Chat to interrupt or impede the Website’s proper functioning, to alter its content or make it inefficient
    • not to attempt to gain unauthorized access to the Website or its content

The Chat system is not the Company’s responsibility. It only provides You with a means of communication. Consequently, the messages published in the Chat do not reflect in any way the opinion of the Company and engage the sole responsibility of their author.

In addition, the Website features a moderation system for Chat messages. The Company reserves the right to ban any user who does not comply with these rules. You are responsible for the messages You publish on the Website, You agree to indemnify the Company against any claims (such as lawyer’s fees for example) or compensation resulting from the publication of Your messages.

Finally, the Company cannot guarantee the correctness and accuracy of the information provided in the Chat, which is not under its control. If you wish to exercise a right, make a claim or take action against a third party, You shall do so independently and without recourse against the Company.

ARTICLE 14 – DURATION

These Terms are intended to last for an indefinite period of time. You must comply with the Terms from the moment You accept them by ticking the box provided for this purpose, and during the time You use and browse the Website.

ARTICLE 15 – CUSTOMER SERVICE

The Company’s customer service is available from 9:00 AM to 5:00 PM (EU) to answer Your queries and information requests. You can contact the customer service at the following address:

You can also visit the following Company’s social media networks:

ARTICLE 16 – COUNTRY LAWS AND REGULATIONS

You are subject to the laws and regulations in effect in the countries from which You access the Website and use its content. You are solely responsible for compliance with the laws and regulations governing these territories. 

Therefore, You agree that the Company shall not be liable for any laws that may apply to You in such jurisdictions and may limit or forbid Your registration on the Website or Your participation in tournaments. 

In addition, the Company does not guarantee that the content of the Website, the services available or the information displayed are appropriate or available for use outside of the French territory. It is strictly forbidden to access or attempt to access the Website from territories where its use is illegal. If You access the Website from territories outside France, You do so at Your own risk. You are solely responsible for compliance with local laws.

The Company reserves the right to check which country You log in from and to block such access to the Website if it is illegal or restricted.

ARTICLE 17 – APPLICABLE LAW AND DISPUTE SETTLEMENT

These Terms are governed by and interpreted in accordance with French Law.

Any dispute related to or resulting from the validity, enforceability, interpretation or formation of these Terms shall be submitted to the exclusive jurisdiction of the relevant French courts.