1. WHO WE ARE?

We are SPEED MATTERS UAB (“SPEED MATTERS”, “we”, “us”, or “our”), a company registered in Lithuania with legal entity code 306575217 and address J. Tumo-Vaižganto 4-3, 01108 Vilnius, Lithuania.

We develop and own http://speedwinner.com (“Website”) and our reaction game devices (“Products”).

These terms and conditions (“Terms”) govern your use of the Website and form a binding agreement between you and SPEED MATTERS.

In these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and all parties involved in creating, producing, and delivering the Products and Website, and the content accessible there.

By accessing or using the Website, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website and the content accessible therein.

These Terms incorporate by reference our Privacy Policy, which explains how we collect, use, and protect your personal information, and any other terms, conditions, and policies that we communicate to you or that you agree to when using the Website or the Products.

SPEED MATTERS also periodically organizes various games, competitions, promotions, and other campaigns. These may be subject to separate terms and conditions and may also be subject to the rules of the platforms on which they are organized, so please read them carefully before participating.

Our contact details are at the end of these Terms in case you have any questions.

2. REQUIREMENTS WHEN YOU USE THE WEBSITE

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for your communications and interactions through the Website. By posting, uploading, sharing, or otherwise using any content or material on or through the Website, you agree that you will not:

• violate any law, regulation, or contractual obligation;
• infringe any intellectual property right, privacy right, or other right of any person or entity;
• harm, threaten, abuse, harass, defame, libel, deceive, or mislead any person or entity;
• post, upload, share, or otherwise distribute any content or material that is unlawful, obscene, vulgar, pornographic, hateful, discriminatory, or otherwise objectionable;
• send or facilitate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• transmit or introduce any viruses, worms, trojans, or other malicious or harmful code, files, or programs that may damage, disrupt, or interfere with the Website, the Products, or any other software, hardware, or telecommunications equipment;
• impersonate any person or entity, including any of our employees or representatives, or falsely state or otherwise misrepresent your affiliation with any person or entity.

We do not endorse, support, or assume any liability for the content or material posted, uploaded, shared, or otherwise distributed by third-party users of the Website. We do not generally pre-screen, monitor, or edit such content or material, but we reserve the right to do so at our sole discretion and to remove any content or material that, in our opinion, does not comply with these Terms or any other rules or policies that we may establish for the Website, or that is otherwise harmful, objectionable, or inaccurate.

We are not responsible for any failure or delay in removing such content or material. You hereby consent to such removal and waive any claim against us arising out of such removal. You will find below in these Terms the procedure to follow if you believe that any content or material posted on the Website infringes any intellectual property right or other right of any person or entity.

Not all areas of the Website may be available to you or other authorized users of the Website. You may need to register or create an account to access certain features or services of the Website. If you choose to register or create an account, you agree to provide accurate and complete information and to keep it updated. You are responsible for maintaining the confidentiality and security of your account and password and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security.

You acknowledge that we may cooperate fully with investigations of violations of systems or network security at the Website or other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

3. WHAT YOU SEE ON THE WEBSITE IS OUR PROPERTY

In these Terms, “content” and “materials” mean any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by you on or through the Website. This includes, but is not limited to, message boards, chat, and other original content.

By accepting these Terms, you acknowledge and agree that all content and materials presented to you on the Website are protected by intellectual property rights and laws, and are the sole property of SPEED MATTERS and our Affiliates, or are licensed to us by third-party providers. You may only use the content and materials as expressly authorized by us or the specific content provider.

Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining such permission before reusing any copyrighted material that is available on the Website. Any unauthorized use of the content and materials appearing on the Website may violate intellectual property rights and laws and could result in criminal or civil penalties.

Neither we, nor our Affiliates, warrant or represent that your use of content and materials displayed on, or obtained through, the Website will not infringe the rights of third parties. See below for a description of the procedure to follow if you believe that any content or material posted on the Website infringes any intellectual property right or other right of any person or entity.

All custom graphics, icons, logos, and service names visible on the Website are either registered trademarks or other intellectual property of SPEED MATTERS or our Affiliates, or the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, icon, other graphics, and the name of the above entities without our prior written consent or the consent of the respective owner.

4. WHAT TO DO IF YOU SEE UNAUTHORIZED USE OF MATERIALS?

Any communication, data, or material, including, but not limited to, content gathered while using our Products, scans, photos, videos, texts that you transmit to the Website or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communication or material, you grant us and our agents and Affiliates a non-exclusive, royalty-free, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such communication or material for any purpose regardless of the form or medium (now known or not currently known) in which it is used, including, but not limited to, the use for commercial purposes and the right to share this communication or material with third parties.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

SPEED MATTERS respects the intellectual property rights of others, and we ask you to do the same. If you or any user of the Website believes that its copyright, trademark, or other property rights have been infringed by a posting on the Website, you or the user should send a notification to our designated agent for claimed infringement as identified below immediately.

To be effective, the notification must include:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
• A description of the copyrighted work, trademark, or other property right that you claim has been infringed, or other information sufficient to identify the right being infringed;
• A description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it;
• 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 intellectual property right owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the owner’s behalf.

Send the written communication to the following address of our designated agent for claimed infringement:

Contact: SPEED MATTERS UAB

Address: J. Tumo-Vaižganto 4-3, 01108 Vilnius, Lithuania

Email: contact@speedwinner.com

You acknowledge and agree that upon receipt of a notice of a claim of intellectual property infringement, we may immediately remove the identified materials from our Website without liability to you or any other party. All and any claims of the complaining party and the party that originally posted the materials shall be settled directly by the concerned parties.

5. YOU MAY ALSO FIND THIRD-PARTY WEBSITES AND ADS ON THE WEBSITE

The Website may link you to other websites on the Internet, other apps, or otherwise include references to information, documents, software, materials, and services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.

These other sites and parties are not under our control. We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. We kindly recommend you carefully read all terms and conditions and other necessary information presented to you by other parties and act according to it.

Claims, complaints, demands, allegations, observations, questions, or inquiries regarding services of the third parties, the performance of those services, any other actions or inactions do not fall into our limits of responsibility, therefore, must be directly addressed and presented to the third parties providing the specific services.

Also, you may find advertisements offered by third parties on the Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

6. YOUR PRIVACY

If you want to register on the Website, you will need to provide us with your personal data. By doing so, you agree that all information provided to us is true and accurate and that you will maintain and update this information as required. We are not liable for the correctness and expediency of your provided information, therefore, the responsibility for the proper execution of this obligation lies with you.

Our duty is to ensure the protection of the personal information you provided to us. If you want to find out more about it – please view SPEED MATTERS Privacy Policy available on the Website.

7. WE STRIVE TO DELIVER THE BEST PRODUCTS AND SERVICES, HOWEVER…

All materials and services on the Website are provided on an “as is” and “as available” basis without warranty of any kind.

Without limiting the foregoing, we make no warranty that:

• the services and materials will meet your requirements;
• the services and materials will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable;
• the quality of any products, services, or information purchased or obtained by you from the Website from us or our Affiliates will meet your expectations or be free from mistakes, errors, or defects.

The Website could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services at the Website at any time without prior notice. The materials or services at the Website may be out of date, and we make no commitment to update such materials or services. We assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

The use of the services or the downloading or other acquisition of any materials through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. Please note, that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise/services and you.

SPEED MATTERS makes no warranty regarding any transactions executed through, or in connection with the Website, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through the Website from a third party is provided solely by such third party, and not by us or any other of our Affiliates.

You understand and agree that temporary interruptions of the services available through the Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access during the use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

Please note that some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

8. LIMITATION OF OUR LIABILITY

In no event shall we or our Affiliates be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Website or of any web site referenced or linked to from the Website.

Further, we shall not be liable in any way for third party goods and services offered through the Website or for assistance in conducting commercial transactions through the Website, including without limitation the processing of orders, except for the goods and services offered to you directly by SPEED MATTERS.

We are also not liable for any damages suffered by you because of your breach of these Terms or any other documents applicable to your use of the Website.

Please note that some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Also, upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. FORCE MAJEURE

Neither you nor SPEED MATTERS shall be liable for any failure to perform, in whole or in part, any of its obligations under these Terms if it is proved that the party’s failure to perform its obligations was due to circumstances beyond its control and reasonable foreseeability and that it could not have prevented the occurrence of the circumstances or the consequences by the use of its reasonable efforts.

10. COMMUNICATIONS

We may make email, messaging, blogging, or chat services (collectively, “Communications”) directly available to you on the Website. To provide Communications to you we may also use third-party services. We may make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We may employ automated monitoring techniques to protect our users from mass unsolicited communications (known as “spam”) and/or other types of electronic communication.

11. OTHER

These Terms are governed by the laws of the Republic of Lithuania.

Any dispute that might arise between SPEED MATTERS and you shall be resolved by negotiation between us. If the dispute is not resolved within twenty (20) calendar days, then:

• the dispute shall be solved using Online Dispute Resolution, if Online Dispute Resolution as a way of resolving a dispute can be applied to the situation:
  https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
• in all other situations, the dispute shall be solved by the competent court of the Republic of Lithuania.

We may amend these Terms from time to time. We will inform you about such changes via notifications on the Website, or your email address provided during the registration. Your continued use of the Website after such modifications will constitute your acceptance of the modified Terms and agreement to abide and be bound by the modified Terms. Amendments to the Terms will take effect seven (7) calendar days after their publication.

We may also update the Website at any time, at our own discretion.

You may not assign your rights and obligations under these Terms to any third party without our prior written consent.

12. OUR CONTACTS

If you want to contact SPEED MATTERS for any questions, do not hesitate to do so via:

Mail: J. Tumo-Vaižganto 4-3, 01108 Vilnius, Lithuania;

or

Email: contact@speedwinner.com

SPEED MATTERS sends all communications to the email address you provided during registration or any other way in which you can be reached. By agreeing to the Terms, you acknowledge that the existence of a copy of the email or other communication on our server (database or other device storing relevant information) is adequate evidence of the sending of any communication.

Updated: January 21, 2024