Terms of use

Terms of Use

This website https://ellipseroleplays.com/ (“Website”) is operated by Ellipsecave OÜ, legal address: Estonia, Harju maakond, Tallinn, Mustamae linnaosa, Ehitajate tee 110, 13517 hereafter the “Company”, “we”, “Ellipsecave”, “Ellipsecave OÜ”, “us”), acting as a commercial agent on behalf and in the interests of OM NEWGEN TECHNOLOGIES PTE. LTD., company number 201825242M, registered address at HONG LIM COMPLEX, 531A UPPER CROSS STREET, #04-95, Postal 051531, Singapore. 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.

In this Terms “you”, “your”, “user” refers to you, the user of our Website.
In this Term User and the Company may also be separately referred to as “party” and/or jointly referred to as “the parties”.
The term “Business Day” used in this Terms means a day (other than Saturday, Sunday or public holiday) when banks and governmental authorities in all the Estonia are open for business at the same day.


By visiting our Website and/ or purchasing something from us, you engage in our “Services” (as defined below) and agree to be bound by the following terms of use (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink here or on the Website. These Terms of Service apply to all users of the Website, 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. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Website in any way, your only recourse is to immediately terminate use of Website.

These Terms of Service and any policies or operating rules posted by us on this Website 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 Website, including without limitation its Services. 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 Website 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, acting as a commercial agent on behalf and in the interests of OM NEWGEN TECHNOLOGIES PTE. LTD., company number 201825242M, registered address at HONG LIM COMPLEX, 531A UPPER CROSS STREET, #04-95, Postal 051531, Singapore.
General queries: [email protected]
Support: [email protected]

Definitions

Game - Grand Theft Auto V (action-adventure game developed by Rockstar North and published by Rockstar Games).

Terms of Use (“Terms of Service”, “Terms”) - these terms and conditions, which 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.

Website – www.ellipseroleplays.com.

Services - means any product or service provided to user pursuant to this Terms.

Personal Data - means any information that relates to an identified or identifiable natural person, also known as a “data subject”.

Privacy Policy – refers collectively to the Privacy Policy and Cookie Policy available on the website. These policies govern the procedures for processing Personal Data followed by Ellipsecave OÜ.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELLIPSECAVE OR ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE WEBSITE, THE CONTENT, SOFTWARE, HYPERLINKS OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM ELLIPSECAVE), 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 ELLIPSECAVE'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 WEBSITE OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE WEBSITE; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (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 ELLIPSECAVE, 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 ELLIPSECAVE HEREUNDER.

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

Confidentiality Definition

For the purposes of this clause, the party providing Confidential Information shall be referred to as the “disclosing party” and the party receiving such Information shall be referred to as the “receiving party”.

“Confidential Information” means any information disclosed by either party to the other party under this Terms of Service, 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 Terms of Service 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 or required by law.

Personal Data Processing

The user of the Website acknowledges that Ellipsecave OÜ, as the data controller, is entitled to process Personal Data to provide its services and for other purposes described in the Privacy Policy. The user confirms having read and understood the Privacy Policy and agrees to the provisions described therein.

User Account

The Company is entitled to verify the data of the User by requesting from the User presentation of proper documents, their copies, scans, etc. In particular, the Company 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 Website 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 Business Day since the day, on which the Company requested providing them from a person intending to use on the Website. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Website 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 calendar 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.

Our Services

Our Website provides the user with access to our unofficial server in Grand Theft Auto V (the “Server”), where users will have opportunities to implement their ideas by visiting in-Game store where they can purchase items for your Game to play in our Server: clothes, accessories, cars, weapons, animals and more.

Server Access

Access to our Server is free. To login into our Game Server you will need to install a licensed copy of the Game and GTA 5 RP launcher (RAGE MP) (the “Launcher”). Launcher can be downloaded from our Website. After installation run the Launcher simply input our Server IP address: https://server.ellipseroleplays.com/ into the search box in the Launcher.

Use of Game Server

The Website owner provides a Game Server for use by users of the Website. The Game Server is provided subject to the terms and conditions of the Game's end user license agreement (EULA). You may not use the game Server in any way that violates the Game's EULA or any applicable laws or regulations. You may not use the game Server in any way that infringes the rights of others, including but not limited to their intellectual property rights. You may not use the Game Server in any way that could damage, disable, overburden, or impair the Game Server or any servers or networks connected to the Game Server. You may not attempt to gain unauthorized access to the Game Server, other accounts, or computer systems or networks connected to the Game Server. The Website owner reserves the right to suspend or terminate your access to the Game Server at any time, with or without notice, for any reason.

Restricted Users/Use

If you are from any of the following countries you cannot use our Website or our Services, including without limitation its Services: Afghanistan, Cuba, Iran, North Korea, Syria, Russian Federation, Belarus, Regions of Ukraine: Crimea, Donetsk and Luhansk, Myanmar (Burma), Central African Republic, China, Congo DR, Lebanon, Libya, Mali, Nicaragua, Somalia, Sudan, Venezuela, Yemen, Zimbabwe.

In addition to other prohibitions as set forth in the Terms of Service, Website users are prohibited from using the Website 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 your usage is continually excessive, unfair, affects other users' enjoyment of our Services, or is not consistent with the usage we would typically expect on your current package, we reserve the right to suspend or terminate your ability to access the Services.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our Website 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, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our Website and Services, your violation of this Terms, or your violation of any rights of a third party. Should legal action be taken by any party to enforce its terms under these Terms, it is agreed that if the Company is the prevailing party as determined by final verdict of a court of competent jurisdiction, the Company 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 Terms 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.

Supplemental Terms

In connection with your use of the Website and our Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of the Website and our Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Website and our Services, unless otherwise expressly stated.


No Waiver

The failure of the Company to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your access to and use of the Website and its Services.

Termination

We reserve the right to suspend, terminate, or restrict your access to our Website or Services at any time, without prior notice or liability, for any reason whatsoever, including but not limited to a violation of these Terms.


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.

Dispute Resolution

Any dispute resulting from the misinterpretations of the present Terms shall be first attempted to be resolved by parties in good faith via negotiation. In case the parties fail to achieve a mutually sufficient resolution of the encountered dispute through negotiations, any dispute, controversy or claim arising out of or in connection with this Terms shall be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Tallinn and language of proceedings shall be English. The arbitral award shall be final and legally binding upon the parties without any further appeal.

Disclaimer of Warranties

The information, products, and services provided on the Website are provided on an "as is" and "as available" basis. The COMPANY makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, products, or services included on this Website.

You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, the Website disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Website does not warrant that this Website, its servers, or email sent from the Website are free of viruses or other harmful components.


In relation to the Company`s Services, the Company 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.

The Company and each user disclaim any warranties for features or goods received through or advertised on the Server or received through any links provided by the Company.

You understand and agree that your use of Server 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 the Server.

Inellectual Property
The Website and all content and materials contained therein, including but not limited to software, images, graphics, video, audio, text and logos, are the property of the Company or its licensors and are protected by intellectual property laws.
You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website without the prior written consent of the Company.
The Company respects the intellectual property rights of others and expects its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at
[email protected] with the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company undertakes to remove any content or materials on its Website that infringe upon the intellectual property rights of others. All trademarks, service marks, trade names, logos, and other designations used on this Website are the property of their respective owners. You may not use any of these marks or logos without the prior written consent of the owner.

Copyright, Trade and Service Marks

The Website (including, but not limited to, text, photographs, graphics, video, audio content, metadata, and computer code) are protected by copyright as collective works or compilation under the copyright laws of applicable law and other countries.

All individual articles, photographs, graphics, video, audio, and other content, or elements comprising the Website are also copyrighted works. All copyrights on the Website are owned by us or by our third-party licensors to the extent permitted under the applicable law and all international copyright laws. Unless expressly authorized by the Company in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Website (including, without limitation, in connection with the training, development, or use of a machine learning and/or artificial intelligence model or tool).

All trademarks, service marks, trade names, product names, and logos appearing on this website are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by this Website, or vice versa.

The Company is not affiliated with or endorsed by Rockstar North, Take-Two Interactive, Rockstar Games or other rightsholders.

Severability

If any provision of these Terms 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 Service will not be affected in any way.

Full Agreement

These Terms constitute the entire agreement between you and us regarding the use of our Website and our Services and supersede any prior agreements or understandings.

Updated 06.01.2024