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Terms of Service

Web Site Terms and Conditions of Use


Our privacy policy can be found here.
Our Anti-Cheat policy can be found here.
Our Forum policy can be found here.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on CYBERGAMER PTY LTD's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial); *attempt to decompile or reverse engineer any software contained on CYBERGAMER PTY LTD's web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.


This license shall automatically terminate if you violate any of these restrictions and may be terminated by CYBERGAMER PTY LTD at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

CYBERGAMER PTY LTD reserves the right at any time to modify, alter or update these Terms of Use. Your use of the CYBERGAMER PTY LTD following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting CYBERGAMER PTY LTD before the change to learn of changes to the Terms and Conditions since their last visit.

3. Disclaimer
The materials on CYBERGAMER PTY LTD's web site are provided "as is". CYBERGAMER PTY LTD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CYBERGAMER PTY LTD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations
In no event shall CYBERGAMER PTY LTD or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on CYBERGAMER PTY LTD's Internet site, even if CYBERGAMER PTY LTD or a CYBERGAMER PTY LTD authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata
The materials appearing on CYBERGAMER PTY LTD's web site could include technical, typographical, or photographic errors. CYBERGAMER PTY LTD does not warrant that any of the materials on its web site are accurate, complete, or current. CYBERGAMER PTY LTD may make changes to the materials contained on its web site at any time without notice. CYBERGAMER PTY LTD does not, however, make any commitment to update the materials.

6. Links
CYBERGAMER PTY LTD has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CYBERGAMER PTY LTD of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications
CYBERGAMER PTY LTD may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law
Any claim relating to CYBERGAMER PTY LTD's web site shall be governed by the laws of the State of Australia without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Many administrators have the ability to view your IP address and screenshots of your game and computer, and may use these in anti-cheat matters, including sharing your IP with third parties.



Behavior:

CyberGamer is a competitive esports community, as such you are required to act and respond to user and staff content in a constructive and responsible manner. Whilst all users have the right to express their own opinion, it is expected that members will respond to or create content on the CyberGamer system in a mature and non abusive way. By registering to this system you have agreed to not post any abusive, illegal, obscene, vulgar, slanderous, hateful, threatening, racist, or sexually orientated materials whether depicted in media or text. CyberGamer reserves the right to ban/lock/terminate your account for any reason we see fit, or no reason at all. We also reserve the right to remove your forum posts/threads with or without a reason. Uploading any files/images relating to child exploitation or inappropriate materials outlined above will result in you being permanently banned from accessing the website and your posts will be reported to the relevant authorities.

CyberGamer also has many public access areas such as its public ventrilo server, its pickup game bot system and its chatrooms, they are provided for your enjoyment and members who are felt to be ruining the enjoyment of others whilst using these services will be removed for a time period at the sole discretion of the admin team.

Multi Accounting
Users should not have multiple accounts. Users that are found to have two or more accounts will most likely face bans on all of their accounts. Depending on the platform/game a 2nd account is sometimes allowed, you should open a support ticket if you believe you have a valid reason for a second account (An admin will put a public note on your accounts). There is no valid reason to ever have 3 or more active accounts.

Buying/Selling/Trading accounts
Buying, selling and trading of CyberGamer accounts is heavily against our terms and conditions. It is something hackers frequently do. All accounts involved in any such transactions will be removed from the site.

Cheating:

CyberGamer has a strict zero tolerance policy on cheating, members who are caught cheating in any game on any platform are not permitted to compete on our system. As a competitive gaming site we work on a system of trust, once that trust is broken you lose your status as a trusted competitor. We take in evidence from any source as we are bound by no non disclosure agreements so people cheating for the fun of it in a public server will be dealt with no differently than those caught cheating in a match.

The installation of any private cheat is strictly forbidden and will lead to a match ban as seen fit by CyberGamer. If you use a cheat for a legitimate purpose (i.e. to expose a cheating player), it is recommended you use a public cheat and fully uninstall it afterwards.

CyberGamer Anti-Cheat:

In downloading and using CyberGamer Anti-Cheat you hereby agree to the terms as set out in this document. You further acknowledge and accept CyberGamer Anti-Cheat to take screenshots of your game, and in rare cases your desktop, and that it may collect and scan information and files regarding your system for use in anti-cheat matters. You acknowledge that on request private screenshots may be deleted at the discretion of CyberGamer. Any updates to CyberGamer Anti-Cheat that you download or install are bound to this agreement.

CYBERGAMER PTY LTD under no circumstance accept responsibility for any damage or loss to your system caused as either a direct or indirect result to the installation or use of CyberGamer Anti-Cheat.

Harassment:

Any user found to be harassing any member in an inappropriate way on any cybergamer system will be removed and if the offense is serious enough referred to the police.

Sportsmanship:

CyberGamer is a competitive esports community and as such all members joining this system are required to show good sportsmanship when competing in any of its leagues. No team or member of a team has the right to degrade or talk down to another player or team based on its ability or skill level. Breaches of these rules will come with penalties as all members of the CyberGamer communities are welcomed and encouraged to compete at whatever level they can achieve and we expect all members to encourage and support others in achieving the highest standard of competitiveness possible.

We encourage all members of the community to get involved with the system and we request that all of you who get involved do so in a mature and encouraging manner.

Media:

CyberGamer has means for users to submit and display media they have generated based on either their time competing on the CyberGamer system or in general public play. This media is a resource that is valued as it is made with time and care and uploaded for the enjoyment of all members. All users are welcomed to give comments on this media but it is expected to comply with all the rules stated here, slandering and abusive behavior will NOT be tolerated and all users are again reminded to respect the time that users put in to generate content for your viewing pleasure.

Staff:

Staff members including site administrator's ladder administrators and forum moderators are not immune to the rules, they are the guidelines which they operate under. All users are expected to comply with all staff requests immediately and maturely. Abuse of CyberGamer staff will result in an extension of your ban or permanent removal from the CyberGamer system. We are run by a very large team of volunteers and we greatly value their time and expect all members to do so as well. If you feel a staff member acted inappropriately please submit a management support ticket and the issue will be reviewed. Note that interaction with head admins and staff is confidential and no feedback on these outcomes will be given to users.

Gaming Servers:

CyberGamer provides a large amount of gaming servers for use of the competing teams on this system. All users are expected to respect these resources and use them responsibly, any user found tampering with settings on these servers will have their access to these systems removed for a period at the sole discretion of CyberGamer staff.

Sponsorship Media:

CyberGamer also has a long list of sponsors, from time to time it is required that we present media to the CyberGamer users representing these sponsors. Whilst we encourage users to express their opinions directly slandering or abusing sponsors of the CyberGamer system will result in your removal as they help provide the means unto which this system operates. It takes considerable funding to provide these resources and it's all done for you the member so we ask that you show suitable respect to those working to support this system.

System Security:

CyberGamer provides the best means possible to secure your information and any user or person deemed to be attempting to breach the security of the CyberGamer system will either be removed from the system and if deemed to be a serious enough matter reported to the cyber crimes division of the Australian Federal Police. It is inappropriate or unacceptable for any user to give out their system password and signing in with another users password may be detected as a security breach and see your account permanently removed from the system.

Content:

Your submitted content is not illegal, indecent, profane, threatening, or defamatory; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."

Your submitted content does not infringe on the copyright, trademark or other intellectual property rights of any person or entity, or contain any confidential or proprietary information of any person or entity, or otherwise violate the legal rights of any person or entity.

Your submitted content does not contain personally identifiable information about other persons, such as their phone number, identifiable pictures, contact information or email address, or information about that could result in an invasion of their privacy or their harassment.

You grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display content throughout the world for any purpose and in any media (including for advertising or other commercial use).

You grant us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or for any other reason either before or after it is published. We reserve the right (but not the obligation) to remove any content for any reason from the website.

CG Credits
If you win a competition on CyberGamer, your prizemoney will generally be assigned to your CG Credits account, which is a balance linked to your user account.

You may pay other entry fees or withdraw your CG credits balance to a bank account or to paypal.

If you have a non Australian bank account, you agree to absorb any transaction fees that are applied. Paypal fees are absorbed by the user receiving the money as per their terms.

CyberGamer will attempt to complete all CG Credits withdrawals that are $20AUD or larger within 5 business days and withdrawals smaller than $20AUD within 10 business days. If this time expires please open a high priority support ticket and it will be attended to as soon as possible.

CyberGamer Tournaments:
By competing in CyberGamer tournaments you understand and agree to the following:

- Any entry fees paid to CyberGamer will be refunded only if you withdraw from the tournament before the registration close time, or if your team is automatically withdrawn (for not qualifying etc), or is removed by a CyberGamer admin or the tournament is cancelled.
- We reserve the right to cancel any tournament and refund all members their entry fee (if applicable) at any time.
- Refunds will attempt to be made to the source of payment. If this is not possible your CG Credits account will be credited your entry fee.
- Most refunds will be made within 1 hour of the tournament starting, however if there are issues we aim to have all refunds completed within 48 hours.
- Prizemoney for teams eligible will be assigned to each team members CG Credits account within 48 hours of the tournament successfully completing. Withdrawing your prizemoney from your CG credits account can take up to 7 business days and can only be withdrawn to a bank account or paypal currently.
- Teams that win prize money have the winnings split evenly between all members that have had their entry fee paid (regardless who paid the entry fee and even if they were technically a sub that didn't play a match).
- Tournaments that have no entry fee but have a prize will have the winnings split between all members, including subs, regardless whether they competed in a match.
- By signing up to a tournament you agree to the tournament rules posted on the tournaments overview page.
- Various tournaments can go for the entire day, whilst most will go for at least 4 hours. Please check the tournament page for more information.
- You agree to provide all demos of your matches (if applicable) to CyberGamer. Failure to provide a demo will result in you being banned from the tournament system and any prizemoney forfeited.
- You agree that the CyberGamer Admin/Anticheat team will review any disputed matches and may overturn any matches as we see fit. If your match is overturned due to what we believe is cheating, your team will be refunded your entry fees (if applicable) and permanently banned from CyberGamer, you will also be in-eligible to receive any prize money.
- In the event that a match dispute arises that is unlikely to be resolved quickly, CyberGamer reserves the right to refund both teams (if applicable) and withdraw them "mid-tournament".
- Having a stable ISP/internet connection is the responsibility of the individual players, CyberGamer will not refund users/teams that lose matches due to user internet problems.
- If there are significant ISP/internet issues that affect multiple teams we will likely cancel a tournament and refund all users.
- If the CyberGamer servers or website suffer significant issues, the entire tournament will be cancelled at the admins discretion.
- CyberGamer reserves the right to ban any user from competing in our tournaments for any reason.
- All disputable issues that can be known at the start of a match must be resolved before the match starts. For example playing with less players than required or playing with players not on rosters. If you agree to start the match it is assumed you are happy with the match to count. Disputing the match afterwards for such issues will likely result in a lost match and possible bans wasting the admins time and for bad sportsmanship.
- You have confirmed you are legally able to compete in our tournaments in your jurisdiction.


Legal:

The views, opinions or positions expressed by the users and those providing comments are theirs alone, and do not necessarily reflect the views, opinions, or positions of CYBERGAMER PTY LTD or any employee thereof. CYBERGAMER PTY LTD makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
CYBERGAMER PTY LTD reserves the right to delete, edit, or alter in any manner it sees fit entries or comments that it, in its sole discretion, deems to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, or is otherwise unacceptable. We have various "AntiCheat" teams on the website, you agree to accept any "cheating/hacking" bans they may make against you. Additionally they are not required to disclose the evidence they have used in coming to their decisions. You also agree to abide by any additional AntiCheat rules various competitions require.

Any threat to sue or take legal action against CyberGamer will likely result in your account/team being permanently removed from the website, especially if you already have an existing ban.

We reserve the right to refuse service to anyone.


Legal - competitions with entry fees and prizes
You are subject to all laws of the state, province and/or country in which you reside, you are solely responsible for obeying those laws. You agree that CyberGamer cannot be held liable if laws applicable to you restrict or prohibit your participation in our competitions. CyberGamer makes no representations or warranties, implicit or explicit, as to your legal right to participate in any competition offered by CyberGamer, nor shall any person affiliated with or claiming affiliation with CyberGamer have authority to make any such representations or warranties.

Legal - Games of Skill

Competitions that we run involving an entry fee are likely considered "games of skill". You agree that you have confirmed you are legally able to compete in such events in your jurisdiction.

Jurisdiction

All claims or disputes arising out of or relating to these terms will be litigated exclusively in the federal or state courts of Adelaide, South Australia, Australia, and you and CyberGamer consent to personal jurisdiction in those courts.
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