User Agrement

Protagonist User Agreement

  1. 1 YOUR RELATIONSHIP WITH PROTAGONIST
    1. 1.1 Your use of the Protagonist websites www.protagonist.gg (the "Website") and any Protagonist products, channels, software, data feeds and services, including the content and services provided through the Website (the "Protagonist Platform") provided to you on, from or through the Website by Protagonist (collectively the "Services") is subject to the terms of a legal agreement between you and Protagonist. "Protagonist" means Protagonist s.r.o., whose principal place of business is in Prague, Jungmannova 23/11, postal code 110 00, Czech Republic, Company ID (IČO): 069 31 871.
    2. 1.2 Protagonist Platform is a social network and an online platform available at the Website, aiming to connect the world's game industry professionals to allow them to be more productive and successful. 
    3. 1.3 The Services are designed to promote economic opportunity for our members by enabling you and millions of other game industry professionals to meet, exchange ideas, learn, and find opportunities or employees, work, and make decisions in a network of trusted relationships.
    4. 1.4 This Protagonist User Agreement (the “Agreement”) is a legal document that explains your rights and obligations as a user (the “User”) of the Protagonist Platform. 
    5. 1.5 For an interaction with Protagonist Platform your contractual relationship is concluded with Protagonist except as otherwise indicated at the time of the transaction. Any transactions related to Subscriptions (as defined in Section 3.1 below) you make on the Protagonist Platform are being made from Protagonist (i.e. such as between Protagonist and a third party).
    6. 1.6 When using or otherwise interacting with the Protagonist Platform, you may act as a User or a Subscriber (see below for definitions). Depending on your role, different parts of this Agreement may be relevant to you.

PLEASE READ THIS AGREEMENT CAREFULLY.

    1. 2 REGISTRATION AND ACCOUNT
    2. 2.1 You become a User of Protagonist Platform by completing the registration of a Protagonist user account. This Agreement takes effect as soon as you indicate your acceptance of these terms in the course of the registration process. Registration is free of charge and, subject to statutory limitations or limitations stipulated in this Agreement, available to anyone. When you complete Protagonist registration process, you create a Protagonist account (the “Account”).
    3. 2.2 When you create your Account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use the Protagonist Platform if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Protagonist Platform has been provided to us.
    4. 2.3 Protagonist Platform provides interfaces and tools for you to be able to customize your Account and make your content such as comments, pictures, videos, games, music, books, feedback etc. (the “User Content”) available to other Users and/or to Protagonist. 
    5. 2.4 Your Account may also include billing information you provide to Protagonist for the purchases of Subscriptions, Content and Services (as defined in Section 3.1 below) offered through Protagonist Platform.
    6. 2.5 You may not reveal, share or otherwise allow others to use your password or Account except if otherwise specifically authorized by Protagonist. You are responsible for the confidentiality of your login and password and for the security of your computer system. Accordingly, you agree that you will be solely responsible for all activities that occur under your Account. Protagonist is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify Protagonist via the email address provided in the [link: FAQ section] without any delay.
    7. 2.6 Your Account, including any information pertaining to it (e.g. contact information, billing information, your Account history, transactions and Subscription(s), etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, not may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms or Rules of Use) or as otherwise specifically permitted by Protagonist.
    8. 3 SUBSCRIPTIONS 
    9. 3.1 As a User you may obtain access to certain services and content available exclusively to some Users (the “Subscribers”); such content, updates, downloads or services you access via the Protagonist Platform are referred to in this Agreement as the “Content and Services”; the rights to access and or use any Contents and Services accessible through Protagonist are referred to in this Agreement as the “Subscriptions”. 
    10. 3.2 Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription (the “Subscription Terms”); Subscription Terms are specific terms only applicable to a particular Content and Services. Also, additional terms may apply (for example, payment and billing procedures) within the Protagonist Platform for services (the “Rules of Use”). Rules of Use include the Protagonist Online Code of Conduct (add link) and the Protagonist Refund Policy (add link). The Subscription Terms, the Rules of Use and the Privacy Policy (link) are binding on you once you indicate your acceptance of them or of this Agreement, or otherwise become bound by them as described in the Section 12 (Amendments to this Agreement).
    11. 4 USE OF THE PROTAGONIST PLATFORM
    12. 4.1 General
      1. 4.1.1 You are free to post various User Content to the Protagonist Platform and retain full ownership of such User Content, with all rights associated therewith. You acknowledge that posted User Content shall be considered publicly available and can be freely used for non-commercial purposes by all other users of the Protagonist Platform. 
      2. 4.1.2 Use of the Protagonist Platform for the creation, publishing or other forms of sharing of the content of the following nature is prohibited: pornography, charities, equity related transactions, revenue sharing, offerings of investments, items which claim to diagnose, prevent, cure or treat illness or condition, energy drinks or food, items of physical nature, genetically modified organisms, live animals, alcohol,  drugs, tobacco, vaporizers, weaponry of any kind (as well as replicas and accessories), offerings of any financial, travel, phone or business marketing services, contests, coupons, raffles or any form of gambling, political fundraising, resale or recreation of previously-created products, cyberwarfare, back-up data solutions; Also no forms of racism, bigotry, harassment, hate speech, and discrimination will be tolerated; Protagonist reserves the right to delete any undesirable content at any time. 
      3. 4.1.3 Your online conduct and interaction with other Subscribers should be guided by common sense and basic etiquette. You must at all times comply with the [link to: Protagonist Online Code of Conduct]. 
      4. 4.1.4 You may not use automation software (bots), hacks, or any other unauthorized third-party software, to modify or automate any Protagonist Platform process. 
      5. 4.1.5 You are expressly prohibited from all intentional exploitation of Protagonist’s bugs and from altering or attempting to alter any program code of Protagonist platform.
      6. 4.1.6 You may not use the Protagonist Platform for any purpose other than the permitted access to the Protagonist Platform and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Unless otherwise permitted under this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services accessed via the Protagonist Platform without the prior consent, in writing, of Protagonist.
    13. 4.2 Community Managers
      1. 4.2.1 All Users are free to create and manage community pages. Community pages may be of any kind or nature, provided they abide by the rules laid down in this Agreement, particularly in Section 4.1.2; Users who create and operate their community pages are further referred to as the “Community Managers”.
      2. 4.2.2 Community Managers shall be solely responsible for the management of their community pages. This primary role includes (i) moderation and erasure of posted content which is not compliant with the rules laid down in this Agreement, (ii) reporting Users who post such content and (iii) adoption and enforcement of community page specific rules. Community page rules adopted by Community Managers may, under no circumstances, deviate from the provisions of this Agreement.
      3. 4.2.3 Users are not allowed to create community pages dedicated to content not suitable for those under the age of 18 (e.g. erotic content). 
      4. 5 BILLING AND PAYMENT
    14. 5.1 All charges incurred on Protagonist Platform, and all purchases made with the Protagonist Wallet, are payable in advance and final, except as described in the Protagonist Refund Policy [link to the Refund Policy].
    15. 5.2 Payment authorization 
      1. 5.2.1 Both the payment processing related to the Content and Services purchased on the Protagonist Platform (Subscriptions) and the delivery of such Content and Services is performed by Protagonist.
      2. 5.2.2 When you provide payment information to Protagonist, you represent to Protagonist that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Protagonist to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Tokens (as defined in Section 5.3.1 below) or other fees incurred by you. We may require you to provide your address or other information in order to meet our obligations under applicable tax law.
      3. 5.2.3 If your use of Protagonist Platform is subject to any type of use or sales tax, then Protagonist may also charge you for those taxes. The European Union VAT (“VAT”) tax amounts collected by Protagonist reflect VAT due on the value of any Content and Services.
      4. 5.2.4 You agree that you will not use IP proxying or other methods to disguise the place of your residence to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, Protagonist may terminate your access to your Account. 
      5. 5.2.5 As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account. If you cancel your Account, Protagonist reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before Protagonist will allow you to register again.
    16. 5.3 Protagonist Wallet and Tokens 
      1. 5.3.1 Protagonist may make available an account balance associated with your Account (the “Protagonist Wallet”). The Protagonist Wallet is neither a bank account nor any kind of payment instrument. It functions as a prepaid balance to purchase Content and Services and/or Subscriptions. You may place funds in your Protagonist Wallet up to a maximum amount determined by Protagonist, by credit card, prepaid card or any other payment method accepted by Protagonist. As we feel it necessary, in our sole and absolute discretion, we may limit the total amount of Tokens that may be purchased at any one time, or that may be held in your account in the aggregate. Funds placed in the Protagonist Wallet are referred to in this Agreement as the “Tokens”; Tokens are a currency used on the Protagonist Platform issued and accepted solely by Protagonist which can be used to purchase Content and Services; Tokens can be purchased by credit card, prepaid card or any other payment method accepted by Protagonist.
      2. 5.3.2 In accordance with Section 5.2.1, you may use your Tokens to get access to any Content or Services and/or Subscriptions. In such case you authorize Protagonist, in its own name, to transfer those Tokens from your Account in order to give effect to any trade you make. Any fees will be disclosed to you prior to the completion of the trade.
      3. 5.3.3 You’re solely responsible for verifying that the proper amount of Tokens has been added to or deducted from your account during any given transaction. Please notify us immediately if you believe that a mistake has been made with respect to your Token balance in your Protagonist Wallet. We’ll investigate your claim, and in doing so, may request some additional information to verify it.
      4. 5.3.4 Unless otherwise provided by law or by a particular Service offer, all purchases for Tokens added to the Protagonist Wallet are of a prepaid nature, final and non-refundable. Tokens do not constitute a personal property right, have no value outside Protagonist and can only be used to purchase Subscriptions and Content and Services via Protagonist on the Protagonist Platform. Unless provided otherwise (e.g. for the Community Managers), the Tokens have no cash value and are not exchangeable for cash.
      5. 5.3.5 Expended Tokens are also non-refundable, however, if you execute a transaction using your Tokens and deem such transaction unsatisfactory, you may, within 48 hours of such transaction, submit a complaint to Protagonist via your Account. Your claim will be evaluated and if upheld, you will be awarded a refund of your Tokens. For more information, please see our [link to: Refund Policy].
      6. 6 LICENSES AND PERMISSIONS
    17. 6.1 Content and Services
      1. 6.1.1 Content and Services may include various content which is made available to the Subscribers of the particular Subscription on the Protagonist Platform by other users under the terms of this Agreement and/or Subscription Terms, if applicable (see Section 2 for more information).
      2. 6.1.2 Protagonist does not provide or make available in any way any Content and Services; Content and Services are always provided by Users or other persons who are entitled to publish their content. Protagonist does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the Content and Services offered on Protagonist Platform. User is hereby made aware that there may be risks of dealing with other users acting under false pretences. Protagonist uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Protagonist Platform. However, because User verification on the Internet is complex and problematic, Protagonist cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on Protagonist Platform, as well as common sense, to evaluate with whom you are dealing.
      3. 6.1.3 Content and Services are protected by copyright laws, international treaties, conventions and other laws. The Content and Services contain certain licensed materials and Protagonist, its partners or other vendors may protect their rights in the event of any violation of this Agreement.
      4. 6.1.4 This license shall expire upon termination of (a) Subscription that includes the license or (b) (and in any case no longer than) upon termination of this Agreement. 
      5. 6.1.5 Content and Services are licensed, not sold. Your license confers no permanent title or ownership in the Content and Services. 
    18. 6.2 User Content
      1. 6.2.1 User Content refers to any content made freely available by User on Protagonist Platform, such as comments, pictures, videos, games, music, books, feedback etc. 
      2. 6.2.2 When you upload your User Content to Protagonist Platform to make it available to other Users and/or to Protagonist, you grant Protagonist and a worldwide, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Content, and derivative works of your User Content, for the purpose of the operation, distribution and promotion of the Protagonist Platform and other Protagonist services. This license is granted to Protagonist as the content is uploaded on Protagonist Platform for the duration of the protection of the proprietary rights in the content. The termination of said license does not affect the rights of any sub-licensees pursuant to any sub-license granted by Protagonist prior to termination of the license. Protagonist is the sole owner of the derivative works created by Protagonist from your User Content and is therefore entitled to grant licenses on these derivative works. 
      3. 6.2.3 You represent and warrant to us that you have sufficient rights in all User Content to grant Protagonist and other affected parties the licenses described under section 6.2.2 above. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the User Content. 
      4. 6.2.4 You furthermore represent and warrant that the User Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.
      5. 6.2.5 You grant Protagonist the permission to use your User Content with or without ads, offers, and other sponsored content that we display across Protagonist Platform, to promote Protagonist, its communities and products sold on Protagonist platform, without any compensation to you. 
      6. 6.2.6 Protagonist may also adjust your User Content to the extent necessary to ensure the proper functionality of Protagonist Platform, e.g. by cropping or resizing uploaded pictures.
    19. 6.3 This license ends upon termination of this Agreement. You may also revoke this license by deleting the content it pertains to. 
    20. 6.4 You should know that, for technical reasons, User Content or Content and Services you delete may persist for a limited period of time in the form of backup copies (though it will not be visible to other users). In addition, any content you delete may continue to appear if you have shared it with others and they have not deleted it.
    21. 6.5 Thirds-party sites
      1. 6.5.1 Protagonist may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to Protagonist. Protagonist may also provide access to third-party vendors, who provide content, goods and/or services on the Protagonist Platform or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Protagonist makes no representations or warranties, either express or implied, regarding any third-party site. In particular, Protagonist makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
      2. 7 DISCLAIMER AND LIABILITY
    22. 7.1 Please note that Protagonist acts merely as a provider of a platform designated for sharing and exchange of User Content and Content and Services between its Users. You acknowledge and agree that Protagonist is not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.
    23. 7.2 If anyone brings a claim, cause of action, or dispute against us related to your User Content on Protagonist Platform or your use thereof, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
    24. 7.3 To the maximum extent permitted by law, Protagonist shall not be held liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access, inability to access to or use of Protagonist Platform; (b) any conduct or content of any third party used on Protagonist Platform, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; or (c) unauthorized access, use or alteration of your transmissions or User Content. In no event shall Protagonist’s aggregate liability for all claims relating to the service exceed the amounts paid or payable to the other party for the transaction to which the claim relates.
    25. 7.4 If we cause damage to you and you are a consumer in the European Economic Area, the aforementioned Section 7.3 does not apply. Instead, Protagonist’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of agreement. Protagonist is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or wilful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
    26. 8 TERM AND TERMINATION
    27. 8.1 The term of this Agreement commences on the date your first indicate your acceptance of these terms and will continue in effect until otherwise terminated in accordance with this Agreement or applicable law. 
    28. 8.2 You may cancel your Account at any time. You may cease the use of a Subscription at any time or, if you choose, you may request that Protagonist terminates your access to a Subscription; Subscriptions are not transferable. Your cancellation of your Account or request that access to a Subscription be terminated, will not entitle you to any refund, including of any Subscription fees or your Tokens. Protagonist reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for any charges incurred to third-party content providers before your cancellation.
    29. 8.3 Protagonist may cancel your Account or any particular Subscription(s) at any time in the event that (i) Protagonist ceases to allow the provision such Subscriptions to similarly situated Subscribers generally, or (ii) you breach any terms of this Agreement. In the event that your Account or a particular Subscription is terminated or cancelled by Protagonist due to a violation of this Agreement or improper or illegal conduct, no refund, including of any Subscription fees or of any unused Tokens in your Protagonist Wallet, will be granted.
    30. 9 DATA PROTECTION
    31. 9.1 While using Protagonist Platform and its products and services we may ask you to provide your personal data. We process such personal data according to the terms of our [link: Privacy Policy].
    32. 10 APPLICABLE LAW

This Agreement shall be governed by Czech law.

    1. 11 DISPUTES AND DISPUTE RESOLUTION
    2. 11.1 In the event of a dispute relating to the interpretation, the performance or the validity of this Agreement, an amicable solution will be sought before any legal action. In the event that out-of-court dispute resolutions fail, the disputes shall be resolved by the Czech courts, whereas the court of first instance shall be the District Court for Prague 1 or the Municipal Court in Prague, as applicable. You agree that the laws of the Czech Republic shall exclusively govern any dispute relating to this Agreement and/or the Services.
    3. 11.2 In case of failure, you may, within one year of the failed request, file an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, or on the European Consumer Canter’s website: http://www.europe-consommateurs.eu/index.php?id=2514. 
    4. 11.3 If you are a consumer in the European Union, you are being hereby notified that the Czech Trade Inspection Authority has been the entity ensuring alternative dispute resolution for consumer disputes (ADR). The aim of the ADR scheme is to facilitate an amicable settlement of a dispute and reach agreements for both parties. ADR deals with disputes between consumers and vendors residing or permanently based in any country of the European Union. Consumers can initiate an ADR procedure within the period of 1 year after the first claim is made against the vendor. When initiating an ADR procedure, it is necessary to prove that an unsuccessful attempt to resolve the claim was made. The particular dispute shall not be already decided by a court or any other ADR entity. No fee is required within the ADR procedure. ADR is a notified entity of out-of-court resolution of consumer disputes listed by the European Commission. For further details, see the ADR website https://adr.coi.cz/en/info
    5. 12 MISCELLANEOUS
    6. 12.1 Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement, including any Subscription Terms, Privacy Policy or other codes of conduct pertaining to the Protagonist Platform, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
    7. 12.2 Protagonist may amend this Agreement unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any such amendments to this Agreement made by Protagonist within fifteen (15) days after its entry into force. Your failure to cancel your Account within fifteen (15) days after the Amendment’s entry into force will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, you may cancel your Account and/or cease using the affected Subscription(s). Protagonist shall not have any obligation to refund you any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall Protagonist have any obligation to prorate you any fees under such circumstances.
    8. 12.3 Protagonist retains full right to modify, change or alter Protagonist Platform in any way and at any given time; or to shut Protagonist Platform down completely. 


Protagonist s.r.o., a company established and existing under the laws of the Czech Republic, with registered office at Prague 1, Jungmannova 23/11, post code 110 00, Czech Republic, company Id. No (IČO): 069 31 871, registered in the Commercial Register, kept with Municipal Court in Prague in Section C Entry No. 291570.