Last Updated: January 4, 2024

Acceptance of the Agreement

By creating an account on GameKhan ("Account"), using the services provided through the GameKhan website ("Website"), or continuing to use such services after being notified of a change to these Terms, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you may not access or use the Service.

01 ABOUT THIS AGREEMENT

1.1. This agreement ("Agreement" or "Terms") is a legal contract between you and Papanis Trading S.R.L. (referred to as "GameKhan", "we", "us", or "our"). By creating an account for GameKhan ("Account"), using the services provided through the GameKhan website ("Website"), or continuing to use such services after notification of a change to these Terms, you are agreeing to be bound by this Agreement. If you disagree with any part of the terms then you may not access the Service.

1.2. IMPORTANT: Section 9 contains a binding arbitration clause and class action waiver. It affects your legal rights. Please read it.

1.3. You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to accept these Terms and create an Account. Minors over the age of 13 must have an Account created by a parent or guardian who agrees to these Terms on their behalf.

1.4. Additional service-specific terms ("Usage Terms") may apply for access to certain services or products. By accessing such services or products, you agree to be bound by the relevant Usage Terms.

1.5. "Tournaments" refer to video game competitions with cash prizes hosted on the GameKhan Website, where users can organize and participate in skill-based contests. Winners in Tournaments are determined by their performance and ranking at the end of each tournament, adhering to specific Tournament Rules set by the host.

1.6. By accepting this Agreement, you confirm that you meet the age requirement and consent to the GameKhan Privacy Policy.

1.7. Breach of this Agreement may result in suspension or termination of your Account.

02 THIRD-PARTY SERVICES

2.1. Third-Party Services may be made available via the GameKhan Website. Usage is subject to this Agreement and any applicable Third-Party Terms.

2.3. "GameKhan Content" encompasses all content available through our Services. Availability may vary by region or device.

03 ACCOUNT CREATION, USAGE, AND SECURITY

3.1. Account Creation with Discord: GameKhan accounts are created using Discord OAuth2. This process may involve collecting data from your Discord account, such as your Discord username, which may be repurposed as your GameKhan username, and you email address, which may be used for transactional emails and marketing emails. This integration is essential for adding users to the GameKhan Discord server, which plays a pivotal role in tournament logistics and communication.

3.2. Use of Discord Data: The data collected from Discord is used to facilitate your participation in tournaments and to coordinate with other participants and hosts within the GameKhan platform. By creating an account and using our services, you consent to this data collection and usage as part of our service provision.

3.3. Provide accurate information when creating an Account. We reserve the right to take action on accounts created with false information.

3.4. One account per individual is allowed. Duplicate accounts may be suspended or terminated.

3.5. You must secure your Account credentials. We are not liable for unauthorized use of your Account.

3.6. We may take action to protect your Account if we believe it's compromised.

04 CODE OF CONDUCT

Respect all users, regardless of their attributes. Engage in sensible and kind interactions. Misuse of the Services will not be tolerated.

05 USER INFORMATION AND CONTENT

5.1. You may share and recommend your game-related information through GameKhan. Consent to use your User Information is given when you share it.

5.2. You grant us the right to use your User Generated Content (UGC) as outlined in the Agreement.

06 CONTENT LICENSE AND RESTRICTIONS

6.1. GameKhan retains all rights to the Services and Content. Use is granted under the limited license provided in this Agreement.


07 VIRTUAL WALLET AND VIRTUAL CURRENCY

7.1. Virtual Wallet: Your Account may have an associated virtual wallet, used to store and manage funds and virtual currency. Funds in your virtual wallet are non-refundable and non-transferable, except where required by law.

7.2. Khan Koins: Khan Koins are a form of virtual currency available on GameKhan. They can be purchased and used for various purposes, including paying entry fees for Tournaments and making purchases in the GameKhan store.

7.3. Withdrawal of Funds: Users may withdraw USD cash reserves from their virtual wallet. Withdrawal requests are subject to the following conditions:

-Withdrawal Timeline: GameKhan reserves the right to process withdrawal requests within a timeframe of up to the 30th day of the next month, the last day of the next month, or 30 calendar days, whichever is greater, following a withdrawal request.

-Account Verification: Withdrawal requests are admitted only after the user has completed the account verification steps and their identity has been verified to the satisfaction of GameKhan’s Know Your Customer (KYC) policies.

-Withdrawal Fees: GameKhan may impose a variable withdrawal fee, which will be communicated at the time of the withdrawal request.

7.4. Non-Refundable and Non-Transferable: Purchases of Khan Koins and any funds added to the virtual wallet are non-refundable and non-transferable, except as required by law.

7.5. Use and Management: Users are responsible for managing their virtual wallet and Khan Koins, including keeping track of their balance and transactions. GameKhan is not responsible for any mismanagement or misuse of the virtual wallet or Khan Koins.

7.6. Minimum Withdrawal Threshold: Users should note that GameKhan reserves the right to impose a minimum withdrawal threshold. This means that in order to initiate a withdrawal from your virtual wallet, your account balance must meet or exceed this predetermined minimum amount. The specific threshold amount may vary and will be communicated to users through the GameKhan platform or updated in these Terms of Service. This measure is in place to maintain the financial stability and operational efficiency of the Service.

08 ACCOUNT SUSPENSION, TERMINATION, AND INACTIVITY

8.1. Inactive Accounts: If your Account has no activity for six (6) months, meaning you have not logged into your Account, entered a Tournament, made a deposit, or withdrawn funds, it will be considered inactive. GameKhan reserves the right to assess a monthly dormancy fee on all inactive accounts until the account is reactivated by logging in, entering a Tournament, making a deposit, or withdrawing funds. You may terminate your account at any time to avoid any dormancy fees, provided that the termination is executed before the account is deemed “inactive”.

8.2. Abandoned Accounts: An Account will be considered abandoned if it remains inactive for the amount of time specified by applicable law. Once an Account is deemed abandoned, GameKhan may remit any funds within the Account to the appropriate state agency as unclaimed property. Additional fees may be charged for the delivery of abandoned funds to the applicable state agency.

8.3. Termination by User: You may terminate your Account at any time by contacting us at [email protected].

8.4. Termination or Suspension by GameKhan: GameKhan reserves the right, in its sole discretion, to suspend, terminate, or restrict your Account at any time, without notice and for any reason, including but not limited to, breach of this Agreement, security concerns, or any other significant reasons. GameKhan is not obligated to provide a reason for the termination or suspension of an Account. This includes the right to terminate or suspend accounts that GameKhan, in its sole discretion, deems to be harmful to its business interests or the interests of other users.

UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, YOU WILL NOT RECEIVE A REFUND FOR ITEMS (INCLUDING VIRTUAL ITEMS, VIRTUAL CURRENCY, AND PRE-PAID PRODUCTS OR SERVICES), VALUE ACCUMULATED ON IN-GAME ITEMS, OR ANY UNUSED BALANCE IN YOUR WALLET, EXCEPT AS REQUIRED BY LAW OR AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

09 BINDING INDIVIDUAL ARBITRATION

9.1. Disputes between you and GameKhan must be resolved through arbitration, not in court.

10 GOVERNING LAW AND JURISDICTION

10.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.

10.2. For users residing in the United States, these Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.


10.3. Notwithstanding the above, GameKhan shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Romanian or U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of GameKhan, such action is necessary or desirable.

10.4. We agree to resolve any disputes through binding arbitration, at the request of either party, in Romania, the United States, or any other location mutually agreed upon by both parties.

10.5. Nothing in this Agreement limits consumer rights under the laws of the user's country of residence which cannot be contractually altered or waived.

11 GENERAL LEGAL

11.1. We may modify these Terms at any time.

12 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

12.1. The Services are provided "AS IS". We limit our liability for your use of the Services.


13. USER-HOSTED TOURNAMENTS

13.1. Tournament Moderation: GameKhan provides a platform for users to host and participate in decentralized tournaments. While we facilitate these tournaments, the actual management, rules, and conduct of these tournaments are the responsibility of the hosting users. GameKhan reserves the right, but not the obligation, to intervene, or moderate in any tournament upon receiving reports of abuse, cheating, fraud, or other violations of these Terms.

13.2. Discretionary Intervention: In cases where GameKhan chooses to intervene, such actions are at our sole discretion and may include measures such as invalidating results, redistributing prize pools, or banning participants from future tournaments.

13.3. No Liability for User-Hosted Tournaments: GameKhan is not responsible for, and expressly disclaims any liability related to, the actions, content, or outcomes of user-hosted tournaments. Participation in such tournaments is at your own risk, and you agree to hold GameKhan harmless from any disputes, claims, losses, or damages arising from or in connection with these tournaments.

13.4. Reporting Issues: Users are encouraged to report any instances of abuse, cheating, or fraudulent behavior in user-hosted tournaments to GameKhan for review.

14 CONTACT INFORMATION

For questions or concerns, please contact us at [email protected].