DISTRICT ONE – USER TERMS OF SERVICE

Last Amended 01/09/2021

District One is an esports tournament and community platform providing Users competitive gaming tournaments. District One also allows brands to host their own Districts which are community areas where Users can join to access a variety of service offerings from esports tournaments and news to a whole host of membership benefits.

Welcome to the world of District One

District One is the brand name of the cloud based esports community platform, which is wholly owned and operated by Dart Frog Gaming (Dartfrog) Limited, a UK limited liability corporation with registration no. 11931796 and with registered address of 42 The Crescent, Farnborough, Hampshire, GU14 7AS, United Kingdom.

The platform is a digital cloud based competitive gaming and community software platform that provides an online presence and platform access for Users and organisations to offer community and tournament esports services to their User community. The platform is available at: https://districtone.gg.

District One provides a single access platform to provide its direct Users or third-party organisations the capability to create and manage esports and gaming communities, known as “Districts”. The platform is a facility to create a fully immersive esports and gaming area with community focused capabilities that allows direct Users or third-party organisations to offer esports and gaming news, services, marketplace and competition services to their communities or groups. It facilitates connection to other Users within a District or other District communities. “District Owners” as they are known are third-party organisers who are responsible for the content on their District in accordance with the terms of this policy document. District Owners may engage Dartfrog to manage their contact and competitions on their behalf as a Managed Service.

By using the District One Platform you agree to these terms and its associated policies which we have highlighted in the text and have links to supplementary pages for convenience. It is important to read these policies carefully and get in contact us if you have questions. We have addressed questions about our data practices and these are explained in our Privacy Policy – link and GDPR Guidelines – link. We are entitled to collect and use your information in accordance with these policies.

What’s What? (Definitions)

Platform Owner – Dart Frog Gaming Limited – a UK limited liability corporation with registration no. 11931796 and with registered address of 42 The Crescent, Farnborough, Hampshire, GU14 7AS, United Kingdom.

District One – (“District One”, “us”, “we”, “our”) – the product name of the cloud based esports community gaming platform, which is wholly owned and operated by Dart Frog Gaming Limited.

District – the fully immersive esports area with community focused capabilities that allows direct User or third-party organisations to post content and offer esports news, services, marketplace and competition service to their communities or groups fully branded as required.

District Owner – the Users, content creators and third-party organisation responsible for owning a District, provided in their own colours and branding, hosting competitions and tournaments for their Users.

User – (“User”, “Player”, “Member”, “You”) – a consumer of the services provided by the Platform, either through service consumed, District Membership or Subscription.

Platform – the platform is a digital, cloud based, competitive gaming and community software platform that provides an online presence and platform access for Users and organisations to offer community and tournament esports services to their User community. The platform is available at : https://districtone.gg

Community – the group of Users who populate a District as consumers or tournament entrants

District Policy – a policy which describes the Platform, its function and responsibilities to District Owners.

Organisers – the District Owners who manage their Districts esports news, services, marketplace and competition services to their communities or groups.

Subscription – a recurring fee payable by a User to access the services within a District or District One itself.

Games Owners – (“Publishers”) Gaming Publishers who own all publishing and media rights of the games on the platform.

The District One Platform

The platform enables registered Users to enter competitive gaming tournaments and leagues on any District they are registered to access. The Platform includes features available for free and other more premium platform features that may be available via subscription. The platform also includes an esports news service run by the Platform Owner offering regular unique gaming and esports articles. The intellectual property of these additional features belongs solely to the Platform Owner. Additional features both gaming and gaming related will be continuously developed and the Platform updated from time to time.

The games available on the platform and all publishing rights belong to the Games Owners (Publishers). Game titles provided on the platform are available to Users and organisers only for the purpose of playing, hosting and organising tournaments. Access to the platform features and competitions are available on both a free to play and subscription basis. By separate agreement, Games Publishers may restrict or limit the competitions offered on the platform and therefore the rules may vary. District Owners tournaments should comply with the latest Publishers community guidelines provided by the Games Owners at all times (see District Owners Policy for further information).

Districts can be hosted by third-party organisations who want to offer gaming services to their customers or followers. Access to the District may be on either a freemium (free to access) basis where free tournaments can be entered or by subscription to unlock additional premium platform features and competitions.

Competitions on the platform are categorised as ‘games of skill’ and the outcome of the competition is solely as a result of the Users skill, not chance.

Upon registering an account, the User will comply with the terms of service contained herewith until terminated. Upon registering an account the User will be granted a licence by the Platform Owner to use the services of the platform outlined above. You are not granted any other licences in respect of the platform or otherwise other than expressly set out herein.

User account eligibility

Users must be at least 13 years old to register for an account. You are responsible for your account and you should not allow anyone else access to your account or allow anyone else to play/enter tournaments on your behalf. When you create an account you must provide us with accurate information in good faith, and you agree to keep your information updated if it changes.

District One reserve the right to introduce and utilise automated Know Your Customer (KYC) tools to help validate account applications.

To join the District One platform you must be at least 18 years old or have your guardian’s permission if you are over 13 years old. To conduct payment transactions, you must provide your guardian’s contact information at registration if you are under 18. You are responsible for anything that occurs when signed in to your account as well as the security of the account. Please contact us immediately if you believe your account has been compromised using our Support Email: DFAdmin@dartfrog.gg

You are only eligible to register one User account per player. The Platform Owner reserves the right to monitor all registrations to identify any multiple User accounts. Any attempt to open more than one User account per player will be a breach of our Terms of Service and will result in the User being removed from the platform and all associated accounts terminated. We reserve the right to deny access to those Users who use proxy servers and/or IP addresses residing in certain geographical areas.

Employees, staff, consultants or affiliates of the Platform Owner are ineligible to participate in any of the tournaments or competitions on the platform other than to test new features and for product development purposes.

Users must comply with the eligibility rules at all times.

You are fully aware of the fact that payments may be charged for membership services, to participate in premium competitions and features, for membership Subscriptions, Marketplace Services or other activities on the Platform are generally non-refundable unless explicitly stated otherwise herein or as required by applicable mandatory law.

Fees

The Platform is offered to the User as a free to use service with some tournaments, services and features supplied as an optional opt-in subscription service.

The fees to access District Owners districts are set by the District Owner and will likely be a combination of free and subscriber only options. The Platform Owner will receive a share of any subscription service fees set at 30%.

A transaction fee for third-party payment provider services upon withdrawals will be applicable. [See Fees and Charges Policy].

Registration Information

Users will be asked to provide the following information to create a User account and comply with the terms of service:

Username or alias
a password
Your email address
birthdate or a confirmation that you are 18 years or older, where such a confirmation is mandatory
If under 18, details of your Guardian’s email for authorisation
full name
permanent residential address
mobile phone number
game related information, such as gamer tag name
credit card or other payment information, if playing in pay-to-enter Competitions or purchasing other Services.

Users must provide accurate and truthful information when registering an account. If the Platform Owner discovers any information is untrue or false information has been provided, we reserve the right to terminate your User account.

Deposits and Payments

Users may transfer funds to be deposited to your User Account or use the funds that have been awarded in prizes by playing competitions. The minimum limit for deposits to your User Account on the platform is £3.00 GBP. No interest is payable on funds. All payments must be made from a bank or payment account for which you are the named account holder unless you are under 18, in which case your nominated Guardians payments details will be required. The Platform Owner reserve the right to validate any or all deposits previously made to your User Account. You acknowledge that in the case of any dispute, your validation may be used by the Platform Owner as evidence.

Deposits are not required to enter free to enter competition on the Platform, however if you choose to upgrade your account to a subscription service to access premium features or competitions, you will be required to deposit sufficient funds to meet the eligibility requirements.

Fraudulent information provided to the Platform Owner through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by the User to honour legitimate charges or requests for payment, or confirmation of deposits, will result in immediate termination of your User Account and forfeiture of any prizes.

Any third-party services acquired through the Platform is an agreement between the User and the third party providing the service. The Platform Owner is not liable or responsible in any way for provision or quality of third-party services to the User.

Paid Services & Subscriptions

As a member of a District on the Platform, Users may receive benefits as a consequence of their District membership. Some of these services and features may be offered free of charge by the Platform Owner, but some premium features will be offered as part of a subscription service, detail of which will be set out by each District Owner.

Users will be asked to set up Subscription fees from a valid bank account. All other payments made on the District One Platform will be deducted from funds you deposit in your User Account by default. These can be deposited from the Platform Owner’s third-party payment provider, or through competition wins and cash prizes distributed to your user account.

Payment Withdrawals

Withdrawals can be made at any time, however new Users must wait a 10 day grace period from creating a user account before funds can be withdrawn. After the grace period, users can withdraw funds at will. A limited minimum payment withdrawal amount of £10 GBP per transaction is applied. Withdrawals will only be ceased if fraudulent activity is suspected on your account, in which case the account will be suspended pending investigation.

All transactions are subject to a third-party transaction fee charged by our payment provider partners. These charges are available in our Fees and Charges Policy.

Any issues or delays in receiving your withdrawals please contact our support admin email DFAdmin@dartfrog.gg.

All users must comply with anti-fraud requirements and provide appropriate ID to our payment providers to validate payments and user accounts. Withdrawals cannot be completed unless this validation process has been undertaken to our satisfaction. We reserve the right to refuse withdrawals if valid ID is not supplied within 10 days of the processing request. In this situation, the Platform Provider will suspend the user account until further verification can be provided by the User.

Account Closure

Users reserve the right to cancel their User Account at any time, please contact DFAdmin@dartfrog.gg to request account closure. If you have funds remaining in a closed or blocked account, please contact DFAdmin@dartfrog.gg.

Inactive Accounts

An inactive User Account is an account that has not been accessed by its User for an uninterrupted period of twelve (12) months.

Once Your User Account is considered inactive, District One will contact you via e-mail to inform you that the User Account may be closed thirty (30) days from dispatching such e-mail, unless you log in. Account closure means that any funds still residing in your account balance may be transferred back to the Platform Owner to be used for promotional purposes, donated to designated charities or otherwise used to further improve the Platform.

Third-party Payment Providers

District One processes deposits and withdrawals into and from User Accounts through third-party electronic payment processors and financial institutions (herein referred to as “Payment Providers”). The deposit and withdrawal of monies from your User Account is governed by these Terms and, if applicable, the terms and conditions of the third-party Payment Provider.

District One designates our Payment Providers to handle your User Account deposits and withdrawals as reasonably required to provide the Platform’s Services and Competitions. These terms of service will assume you authorise all necessary third-party payment processing payments on your user account. You acknowledge that District One is not responsible for any loss resulting from an unauthorised third-party’s use of your credit card or other payment method in connection with your use of the Platform.

Platform Availability

Because the Platform is cloud-based and accessible over the Internet, its actual availability is influenced by variables beyond District One’s control. You agree that District One is not liable for any technical, hardware, or software faults, lost or unavailable network connections, or disconnections from the Platform’s Competitions or Matches or any erroneous or inaccurate results posted on or in connection with a Competition or Match.

Inappropriate User Activity/Cheating

You agree that District One is not liable for any damage, loss, or injury caused by unauthorised access to or use of the Platform or your User Account due to hacking, tampering, or other unauthorised access or use.

You may not:

gain or attempt to gain unauthorised access to the Platform’s systems or other User Accounts or interfere with the Platform’s communications, procedures or performance, or intentionally damage or undermine the Platform.
utilise macros, bots, automated programmes, cheating tools, screen analysis utilities, player collusion, any type of alterations, or otherwise commit fraud in relation to the Platform;
take any action or intervention which might change the human skill component;
purposely play poorly to cheat the skill-based ratings by playing below your skill level to create competitive advantage;
use automatic, macro, programmed bots, or similar methods to participate in any Competition offered on the Platform, or to otherwise commit fraud in relation to the Platform;
attempt to reverse engineer or decompile any software on the Platform or Services.

District One reserves the right, in its sole discretion, to suspend or terminate any User’s User Account for violating any of the restrictions set out above, or for violating these Terms in any other way.

First-time violators of the Terms (including the Rules of Conduct set out below) who are judged unintentional or less serious by District One in its sole discretion may get an initial warning and have their User Account suspended at District One’s discretion. Repeated violations will be considered wilful violations of the Terms. If you are suspected of breaking the Rules of Conduct, District One reserves the right to suspend your User Account, including access to the Platform, as well as the cash in your account and any pending withdrawals, for up to six months while an investigation is conducted.

Any cash balances obtained as a result of a violation of the Terms, District One reserves the right to remove such balances from your User Account upon termination or removal of your User Account and repurpose them for promotional purposes, donations to designated charities, or other improvements to the Platform.

Matches and Matchups

You recognise and agree that the Platform is a mechanism for communicating issued Match requests, their reception by you and other Users, and the outcomes of a Match. District One does not take part in any Matches, although it may offer general Platform-related assistance.

You explicitly agree that you have read and understood the terms and circumstances under which you will engage in the Match by accepting a specific Match request from another User (or by engaging in an automatic matching event (“Matchmaking”) performed on the Platform).

District One uses an automatic matching system to put players or teams together in a Match created by a Matchmaking event. You commit to play the Match to completion with any matched teammates or opponents once you’ve entered a Match, whether by Matchmaking or otherwise.

Specific terms and rules for a given Match may be agreed upon by players and/or admins, and these Terms will be implemented in conjunction with them. If the terms and conditions that apply to each Match contradict with these Terms, the Terms will take precedence.

Unless otherwise specified, matches on District One are organised by individual Users or by Organizers through their Districts. As a result, Users who participate in Matches are participating in activities that have been established or coordinated by other Users or Organizers.

Team Finding

You are able to seek out other Users of the Platform and the various Districts to either join established Teams or start up new Teams. The Team Finder facility will allow you to search for users with similar abilities or interests to join forces with. All users must comply with the Rules of Conduct set out in this terms of service when contacting any other user on the Platform. Any complaints raised by other Users regarding conduct will be investigated by Admin and User Accounts in breach of our Rules of Conduct will have their Accounts terminated.

Abusive conduct

Be responsible and don’t violate our policies. You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others or things that abuses our site in a technical way.

Promotional Services 

You agree that District One may publish your username, gameplay data and statistics, tournament records, and any other information related to your gaming activity on the Platform when you register for a User Account. Furthermore, District One may display on the Platform any Competitions, Districts, logos, or other information relevant to the Services offered by you as an Organizer that you give to the Platform. 

You agree to allow District One to print, publish, broadcast, and use your username, gameplay data and statistics, tournament records, and any other relevant information about your gaming activity or Services on the Platform for promotional, marketing, and related purposes without additional compensation, anywhere in the world, in any media, and at any time. 

When You engage in activities or competitions offered by District One, such information may be shared with Organizers, sponsors, or partners. You consent to such information exchange by accepting these terms. 

Should you submit or transmit audio, video, or text materials to the Platform, including, but not limited to, comments, questions, suggestions, drawings, computer programmes, or other content, you grant District One and its affiliates, partners, and distributors a non-exclusive, worldwide, royalty-free, perpetual, fully sub-licensable licence to use, distribute, edit, display, and distribute that content. You waive any rights to the content. 

You represent and warrant that you have the necessary rights to give District One and its affiliates the licence described above, and that none of your content or messaging is libellous, infringes on third-party rights, including intellectual property rights, or violates relevant laws. 

Competitions

These Terms of Service, in conjunction with the terms and conditions that apply to each Competition, govern competitions. If the terms and conditions of any Competition conflict with these Terms, the Terms will take precedence.

You explicitly agree that you have read and understood the nature of the Competition and the rules under which you will participate by entering a Competition and confirming that you will participate.

Unless otherwise specified, competitions on District One are hosted by individual Users or by Third-Party Organisers through their Districts. As a result, users that participate in competitions or events are participating in activities developed or sponsored by the aforementioned parties.

Competition No-Shows

If a User fails to turn up at the allotted competition time or misses the Platform Alerts issued by District One for the start of their competition, your entry into the competition will be void and any fees, should they have been charged to enter, will be retained by the District Owner.

District One operates a three-strike system, voided entries will be allowed on three occasions within any 6 month period, after that the User will have their account terminated.

Competition Disputes

District One operate a dispute process should there be any disagreement about match outcomes between opponents. The process will require each player to submit a screenshot or record of the result. Adjudication and final decision are made by District One Admin and this decision is final. The dispute process will be conducted via the District One Discord account.

Third Party Organisers and Districts

District One provide the Platform on which third party and Districts Owners provide the competitions and tournaments. Whilst District One might provide a Managed Service to some District Owners creating competitions and managing the administration of tournaments and leagues on their behalf, the Districts Owners retain the responsibility to ensure content and compliance with community guidelines. As such, Users that play in Competitions or participate in Services or activities are entering into arrangements created and organised by these District Owners.

Districts may be either closed or open on the Platform as per the choice of the District Owner. Within a District, District Owners are able to offer other Users various Services including but not limited to, Competitions, gaming experiences, and other esports related Services.

As a User, you may be required to pay the relevant charge to have access to all of the contests and features accessible in the District, depending on the regulations established by the District Owner.

Users who violate the District’s regulations, any relevant aspect of these Terms, or other applicable policies may lose their membership status and be barred from the District. This includes losing access to any District-based services. Any ongoing Subscriptions for that District may also be cancelled. Banned members are not eligible for reimbursements unless the District Owners, in their sole discretion, think it acceptable.

If you discover a District’s particular rules to be in conflict with these Terms or our general policies, please contact us.

For more information on and terms related to Districts and District Owners, please see the Districts Policy.

Prizes and Currency

You will get the whole value of any rewards you win on the Platform. You are solely responsible for any and all national, provincial, state, and municipal taxes owed in connection with any prizes granted.

Whilst entry fees can be charged by a District Owner, these fees and prizes must comply with any applicable Publisher community guidelines in place at that time. District One assumes no responsibility or liability for a District Owner complying with these guidelines.

District Owners and Sponsors that provide rewards to Competition participants are required to deliver such awards, whether monetary or otherwise, to the Competition winners in a timely manner. District One retains the right to remove Organizers who break these guidelines, either temporarily or permanently. To be clear, District One is not obligated to deliver and does not guarantee any prizes, deals, or victories given by third-party Organizers.

The number of players and the skill level of each participant have a direct impact on the result of the matches and competitions. District One makes no predictions or statements concerning your or any other User’s odds of winning or losing.

All monetary Prizes awarded on the Platform are credited to the winner’s User Account as funds. The User Account is retained on the payment providers site, to give the User regular reporting on funds and transactions. The payment providers system is integrated into the District One Platform and is a fully PCI-DSS compliant iFrame solution. All cash and awards are considered to be in British pounds unless otherwise stated. All references to GBP on the Platform relate to the British Pound as a currency. The Payment Provider will convert money denominated in a currency other than GBP if you make a payment in that currency. For such currency conversions, a service fee will be payable based on a percentage determined by the appropriate Payment Provider.

Where required, the hosts of Matches and Competitions (and their administrators or moderators) shall decide the outcomes and rewards of each Match or Competition using real game and server data as well as by the hosts of Matches and Competitions (and their administrators or moderators). These decisions are final and cannot be overturned. You agree to be bound by these decisions by enrolling and/or participating in any Match or Competition.

District One and its administrators may, if necessary, overrule the decisions made by Users and District Owners in the context of Competitions as appropriate or as needed, if District One deems such actions necessary for the good of the Users or the Platform as a whole. It is vital to the ongoing reputation of District One that the competitions are deemed fair and well administered.

Tax

Users will be subject to local taxes on any winnings they receive and it will be the Users responsibility to pay their taxes locally. District One is not liable for any tax payments due by users.

District Owners should refer to the District Policy for tax and VAT rules applicable.

Anti-spam Policy 

The creation and/or use of “Spam” is strictly prohibited by District One on the Platform. District One considers “Spam” to be defined as follows:  : 

i. electronic mailcommunications sentto a receiver with whom the sender has no prior commercial or personal contact, or not sent at the recipient’s request or with his or her express consent;
Off-topic (unrelated to the topic of conversation)messages posted to message boards or chats, communications cross-posted to unrelated message boards or discussion threads, or messages posted in large quantities;

iii. solicitations posted on chat rooms, or to groups or individuals via Internet Relay Chat or Instant Messaging system (such as Skype, Facebook Chat and Twitter). 

If you are reported for sending Spam and the claims are verified by District One, District One may take the following actions, at its sole discretion and without prior notice:

i. Account suspension:If District One receivesa credible and validated complaint, Your User Account implicated in the abuse may be suspended immediately. Suspension serves as a “last” warning, preventing You from engaging in abusive spamming activity in the future.
Account termination:If District One receivesa credible and validated complaint, Your User Account implicated in the abuse will be promptly terminated, and any connected Prizes will be void.

District One will assess each validated abuse event on a case-by-case basis and, at its sole discretion, impose termination or suspension. District One reserves the right, in its sole discretion, to lift Your suspension at any time.

Should You wish to report a violation of District One’s Anti-Spam Policy, please forward all evidence of abuse to dfadmin@dartfrog.gg.  

Rules of Conduct 

District One reserves the right to remove any content or chat content and temporarily or permanently ban Users who violate these rules of conduct, or who in any way; 

i.  misuse or abuse the community feel of the chat or content areas, 

look topost obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind,

iii. seek to impersonate other Users or District Owners or Sponsors or Third Parties, 

postprovocative or contentious opinions or comments that are aimed at individuals, companies or products,

v.  advertise or promote other companies, URLs, and any other kind of advertisement or promotion, 

share personal information (name, phone number, home address, password),in breach of the sites GDPR guidelines, detailed in the Privacy Policy,

vii. post copyrighted or trademarked material or deface said material, 

viii. use any advanced fonts, Java, tables, HTML, or other programming scripts or commands.

District One Privacy Policy

The District One Privacy Policy explains how District One handles personal information that you supply or that District One collects through the Platform.

A copy of District One’s Privacy Policy can be requested at anytime.

District One Complaints Procedure

Any concerns about the Platform, its Services, or Member Services should be addressed to District One via either (i) the Platform chat support channel, (ii) by e-mail to dfadmin@dartfrog.gg or, (iii) by e-mail to the District Owner on their published e-mail address.

To allow District One and the District Owner to respond quickly to your complaint, it must include clear information about your identity as well as any pertinent factors that led to the complaint. District One and the District Owner will make every attempt to remedy a reported issue as soon as possible.

The District One Platform and Publishers

The games available on the platform and all publishing rights belong to the games owners (publishers). Game titles served by the platform are available to users and organisers only for the purpose of playing, hosting and organising tournaments. Access to the platform features and competitions are available on both a free to play and subscription basis. By separate agreement, games publishers may restrict or limit the competitions offered on the platform and therefore the rules may vary. District Owners tournaments should comply with the latest publishers community guidelines provided by the Games Publishers at all times.

Districts can be hosted by 3rd party organisations who want to offer gaming services to their customers or followers. Access to the District may be on either a freemium (free to access) basis where free tournaments can be entered or by subscription to unlock additional premium features and competitions on the platform.

Competitions on the platform are categorised as ‘games of skill’ and the outcome of the competition is solely as a result of the users skill, not chance.

No TV streaming service will be offered on the platform.

In circumstances where a publisher has revoked the right to service a particular game, District One reserve the right to replace said game with an alternative game from a different publisher.

Anti-Money Laundering

District One complies with applicable UK and International law relevant to Money Laundering and associated regulations. District One and its payment partners shall monitor transactions and report any suspicious activities to the appropriate agency.

It is the responsibility of all Users and District Owners to make District One aware of any suspicious activity immediately upon discovery.

District One is entitled to block, suspend or close down your account or district in accordance with AML Law. This includes withholding funds and presentation of evidence to the authorities.

Please refer to the Privacy Policy on the website for further guidance.

Local Law

You are subject to the laws of the province, state, and/or nation from which you access the Platform, and you are solely responsible for abiding by the laws of that jurisdiction. You agree that if applicable law restricts or forbids Your participation or use of the Platform, District One and its affiliates will not be held accountable. District One and its affiliates make no representations or warranties, either implicit or explicit, as to Your legal right to use the Platform, other services, or participate in any Match or Competition offered through the Platform, and no person affiliated with District One and its affiliates has authority to make any such representations or warranties. District One and its affiliates have the right to track where You visit the Platform from and to ban access from any jurisdiction where participation is illegal or restricted.

No Waiver

If at any time District One fails to enforce any of the Terms of service provisions, or should District One fail to require You to perform such provisions, it shall in no way be construed to be a present or future waiver of provisions, nor affect in any way, District One’s right of enforcement on each any every provision thereafter. The express waiver by District One of any provision, condition or requirement of this Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Warranty Disclaimer and Force Majeure

The applicable Service Providers are solely responsible for any Services or Member Services supplied on the Platform. In relation to the usage, outcome, or outcomes of any Services or Member Services, District One makes no representations or warranties.

District One makes reasonable efforts to include accurate and up-to-date information on the Platform, but it expressly disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed on the Platform. Any duty or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material is disclaimed by District One. District One disclaims all responsibility and liability for any injury incurred as a result of obtaining or accessing any information or material from the Internet via the Platform.

Without limiting the foregoing, District One shall not be liable for any delay or failure in performance caused directly or indirectly by acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet outages, computer equipment outages, telecommunication equipment outages, other equipment outages, and electrical power outages.

You are solely responsible for your usage of the Platform. The Platform is made available “AS IS” and “AS AVAILABLE.” District One expressly disclaims any warranties, express or implicit, of any kind, including but not limited to implied warranties of merchantability, fitness for a specific purpose, and non-infringement. District One makes no representations or warranties that:

the Platform will meet your requirements;
the Platform will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Platform will be accurate or reliable;
game publishers will continue to allow their services to be used on the Platform; and
the quality of any products, other services, or information purchased or obtained by You through the Platform will be of satisfactory quality, and
any mistakes will be fixed. You are solely responsible for any damage to Your computer system or loss of data that occurs from the download of any material acquired through the Platform. You will not be able to rely on any advice or information, whether oral or written, obtained from District One, or through or from the Platform, to make any warranty not specifically expressed in this District Policy.

You understand and agree that downloading or otherwise obtaining material or data through the Platform is at Your own risk, and that You will be solely responsible for any damages to Your computer system or loss of data that occurs from such download. District One and its affiliates are not liable for any content posted on the Platform, third-party acts, or any damage to, or virus that may infect, computer equipment or other property.

Limitation of Liability

District One limits its total liability to the District Owner under this Terms of Service, for any damages or losses incurred by the District Owner, as permitted by applicable law, at GBP one thousand (£1000).

District One limits its total liability to You under this Terms of Service, for any damages or losses incurred by You, as permitted by applicable law, at GBP one hundred (£100).

Indemnification

You agree to indemnify, defend, and hold harmless District One, its subsidiaries, affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, or other representatives, and all of their successors and assigns in respect of all claims, costs (including reasonable legal fees and costs), and other liabilities to the extent permitted by applicable law. District One retains the right to assume exclusive responsibility for the defence and control of any indemnification claim. In such instances You agree to work with District One to defend any such claim in such situations. Without District One’s prior written approval, you will not settle any claim covered by this Section and the warranty disclaimer.

District Policy Changes

We reserve the right to change or amend this Terms of Service with future effect, in particular when required by mandatory laws and regulations. We will announce material changes at least thirty (30) days in advance by notification on the Platform.

Severability, Assignment and headings

If any part of the Terms of Service is found to be invalid or unenforceable, that provision will be deemed severable from the rest of the Terms of Service, and the legality and enforceability of the remaining parts will not be affected.

You may not assign or pledge your rights and duties under this Terms of Service, in whole or in part, to any third party without District One’s prior written agreement.

Section headers are included for reference purposes only and have no bearing on the interpretation of this Terms of Service.

Viruses, Malware, and Security

We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

You must not attack Our Site by means of a (DOS) denial of service attack, a (DDOS) distributed denial of service attack, or by any other means.

By breaching these provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

Notices

Unless otherwise agreed between the parties, any notice, request, consent and other communication to be given by a party under this District Policy (henceforth “Notice”) shall be in the English language and deemed to be valid and effective if served on the other party by email to the address set out below:

If to District One: dfadmin@dartfrog.gg
If to District Owner: The e-mail set out in the District Owner’s User Account

Any Notice or other communication shall be deemed to have been served one (1) day after dispatch, provided that the dispatching party does not receive an automatically generated message stating that the email could not be delivered to the receiving party.

If a Notice is given or is deemed to have been given at a time or on a date which is not a business day, it shall be deemed to have been given on the next business day, with business day in this context meaning any such day as the commercial banks are open for business in United Kingdom.

Governing Law and Disputes 

Except for any conflict of law provisions, these Terms will be governed by and construed in accordance with the national laws and provisions of England and Wales. Unless otherwise allowed by obligatory legislation, any dispute or claim arising out of or in connection with these Terms, or their breach, termination, or invalidity, shall be finally decided by English courts. 

District One makes no claim that the Platform is run in compliance with the laws or regulations of other countries, or that it is governed by them. 