Terms of use

This website is owned and operated by ellipseroleplays.com (Legal entity: Ellipsecave OÜ: Harju maakond, Tallinn, Mustamae linnaosa, Ehitajate tee 110, 13517. By using this website you agree to the terms stated on this page. The terms may change at any time and it is your responsibility to review them regularly.

GOVERNING LAW: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Estonian laws.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

ELIGIBILITY

You must be at least 18 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

General Provisions

This website is administrated by Ellipsecave OÜ.

Definitions

Terms and conditions (“Terms of Service”, “Terms”) - These Regulations are the contract of a public offer, a substitute for the written or other form of agreement and have the same legal force of a written contract.

Agreement - any agreement resulting from an Offer or Confirmation, and any agreement incorporating these Terms and Conditions by reference.

Website – www.ellipseroleplays.com

Services - means any product or service provided by Ellipsecave OÜ to Customer pursuant to and as more particularly described in the Agreement.

Personal Data - means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law.

Player - is an Account created by the User and owned by Ellipse Roleplays, which is a set of data the User needs to use the Ellipse RolePlay Products: authorization (authentication) of the User, access to internal values and other similar information.

Server IP - a combination of letters and (or) numbers located before the character ":" (hereinafter - the port), followed by five digits, needed to connect to the Ellipse Roleplays servers.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELLIPSE ROLEPLAYS OR ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM ELLIPSE ROLEPLAYS), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO ELLIPSE ROLEPLAYS'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL ELLIPSE ROLEPLAYS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ELLIPSE ROLEPLAYS HEREUNDER OR WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ELLIPSE ROLEPLAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Confidentiality Definition.

“Confidential Information” means any information disclosed by either party to the other party under this Agreement, either directly or indirectly, in writing, orally or by inspection of tangible objects (including, without limitation, documents, Personal Information, software, facilities, equipment and operating plans).  Confidential Information may also include information disclosed to a disclosing party by third parties.  Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already rightfully in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party's files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or (vi) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure and discloses only so much of the Confidential Information as is required.

Non-use and Non-disclosure.

Each party agrees not to use any Confidential Information of the other party except as expressly permitted in this Agreement or as expressly authorized.  Each party agrees not to disclose any Confidential Information of the other party, to third parties except as provided in Section below.

Terms of Agreement.

 Each party agrees that the specific commercial terms and conditions of this Agreement including but not limited to Price, Dates, Deliverables will be treated as the other parties’ Confidential Information and that no reference to the terms and conditions of this Agreement may be made in any form of press release or public statement without first consulting with the other party; provided, however, that each party may disclose the terms and conditions of this Agreement:  (i) as may be required by law, if such party notifies the other party of such requirement prior to such disclosure in sufficient time to enable the other party to seek a protective order covering such disclosure; (ii) to legal counsel of the parties, provided such counsel is informed of his/her obligation to keep such disclosure in confidence with the same degree of care as the party’s other Confidential Information; (iii) in connection with the requirements of an initial public offering or securities filing provided such party seeks confidential treatment of the terms and conditions of this Agreement as appropriate; (iv) to accountants, banks and financing sources and their advisors, provided such persons and/or entities are informed of the obligation to keep such disclosure in confidence with the same degree of care as the party's other Confidential Information; and (v) in connection with a merger or acquisition or proposed merger or acquisition or the like provided such party seeks confidential treatment of the terms and conditions of this Agreement as appropriate and provided that the person to whom the Confidential Information is disclosed are informed of the obligation to keep such disclosure in confidence with the same degree of care as the party's other Confidential Information.

1. Personal Data Processing

1.1. Ellipsecave OÜ hereby notifies its clients – natural persons,  that it performs processing of personal data in accordance with the GDPR and other personal data protection laws and regulations of the Republic of Estonia and the European Union.

1.2. By accepting this Agreement, customer accepts personal data processing.

2. What is GDPR?

2.1. GDPR or General Data Protection Regulation is the name of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

The aim of the GDPR is to protect privacy of individuals in the European Union and to harmonise the national legislation of the European countries.

2.2. As of 25 May 2018, the GDPR is directly applicable and fully binding for data processing and protection throughout the European Union and in Estonia.

2.3. GDPR was developed with the aim to harmonise the differences in requirements to the processing of personal data between Member States, allowing EU citizens to have better control of their own personal data, including easier access, awareness in case of identity theft, establishment of clearer rights to erasure of personal data (the “right to be forgotten”), the right to object etc.

3. Your Rights

3.1. You have the right to access your own personal data that is processed about you. You also have a right to require that your personal information be corrected if it proves to be incorrect or incomplete. Furthermore, you also have a right to be forgotten, which means that you may require that your personal information be deleted. Unless there is a special legal basis for continued processing of personal data, these will be deleted. It is voluntary to disclose personal data, and consent to the processing of personal data can always be withdrawn. If you wish to contact us, or if you wish to delete or edit any personal information that we process, please contact us: [email protected]

User Account

Ellipseroleplays.com is entitled to verify the data of the User by requesting from the User presentation of proper documents, their copies, scans, etc. In particular, Ellipseroleplays.com may request a scan/picture of an identification document, payment method related documentation, authorization to represent the User, as well as to enter into obligations on his/her behalf for a person registering on the Site and contact data such as phone number or email address. The documents (their scans of copies) confirming the above data shall be provided within 1 working since the day, on which Ellipseroleplays.com requested providing them from a person intending to use on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site or delivering the orders (and refund).

User Account Policy

You are solely responsible for all activities that occur under your account.

You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account.

You agree to notify us immediately of any unauthorized use of your account.

If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of any or all of the features.

We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.

Inactive User Account Policy

We reserve the right to disable or deactivate User accounts that are inactive for more than 30 days. This is a necessary housekeeping policy to ensure our infrastructure runs smoothly for the rest of our Users. In the event of such termination, all data associated with such User account may be deleted. We are not obligated to provide you prior notice of such termination by email.

Restricted Users/Use

You can only use this website if you are 18 years or older or with the involvement of a parent or guardian. If you are from any of the following countries you can not use our website: Iran, Syria, Israel, North Korea, Cuba, Sudan.

In addition to other prohibitions as set forth in the Terms of Service, website users are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Fair Usage Policy

If a member's usage is continually excessive, unfair, affects other users' enjoyment of our feature, or is not consistent with the usage we would typically expect on that member's current package, we reserve the right to suspend or terminate the member's ability to access the features.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order)

Indemnification

You agree to indemnify the website and hold it's owners and employees harmless from any claim or demand made by a third party due to your breach of these terms or any terms included by reference, or your violation of any law or rights of a third party. Should legal action be taken by any party to enforce it's terms under these terms, it is agreed that if the website is the prevailing party as determined by final verdict of a court of competent jurisdiction, the website shall be entitled to full recovery of all costs and fees associated with the legal action in addition to any other compensation granted by court.

Force Majeure

Neither Party shall be liable for delays and/or defaults in its performance under this Agreement due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing: acts of god or of the public enemy; fire or explosion; flood; actions of the elements; epidemics, telecommunication system failure; war; acts of terrorism; riots; embargoes; quarantine; viruses; strikes; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, delivery facilities, or supplies; acts or requests of any governmental authority; or any other cause beyond its reasonable control, whether or not similar to the foregoing.

Information about us

ellipseroleplays.com is a GTA5 roleplay server and website owned and operated by Ellipsecave OÜ, legal address Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152.

Miscellaneous

Ellipseroleplays.com may change these terms and conditions of use at any time, choose to display or remove posts and content on the website and/or close down the website. If the terms and conditions of use change, you will be informed of this by a new version being posted on the website. We therefore ask you to keep updated as regards any new versions of the terms and conditions. The relations between the Users and Ellipsecave OÜ under this Agreement, which are not regulated by the terms of this Agreement, are primarily governed by the rules established by the Ellipsecave OÜ partners, which also includes Settlement of Disputes, Governing Law, Entire Agreement and Changes, Severability and etc.

Disclaimer of Warranties

Ellipse Roleplay is provided on an "as is" and "as available" basis with no warranties whatsoever. Ellipse Roleplay and each user of Ellipse Roleplay disclaim any warranties regarding the security, reliability, timeliness, and performance of Ellipse Roleplay; Ellipse Roleplay disclaims all liability for any claims, damages, losses, costs or expenses (including attorney's fees).

In relation to the Ellipse Roleplay platform Ellipse Roleplay does not warrant that (i) the features will meet your specific requirements, (ii) the features will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the features will be accurate or reliable, (iv) the quality of any products, features, information, or other material purchased or obtained by you through the features will meet your expectations, and (v) any errors in the features will be corrected.

Ellipse Roleplay and each user of Ellipse Roleplay disclaim any warranties for features or goods received through or advertised on Ellipse Roleplay or received through any links provided by Ellipse Roleplay or Ellipse Roleplay.

You understand and agree that your use of Ellipse Roleplay is at your own discretion and risk and that you will be solely responsible for any liability, claim, damages, loss, cost or expense, including, without limitation, loss of data, which results from or arises from your use of Ellipse Roleplay.

Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Use will not be affected in any way.

Disclaimer of trademarks

Ellipse Roleplays is not affiliated with or endorsed by Rockstar North, Take-Two Interactive or other rightsholders.

Any trademarks used belong to their respective owners.

Ellipse Roleplays reserves all rights on rightly owned images and other visual content provided on Ellipse Roleplay server or website.

Full Agreement

You agree that these Terms of Use constitute the entire and completely exclusive agreement between you and Ellipsecave OÜ in regards to Ellipseroleplays.com, and supersedes all prior agreements, whether they were written or oral.