Last Updated: December 7th, 2016
eLeague.gg develops, operates and maintains software for tournament organizers to create and manage competitions of skill in connection with online video games (“Client Games”) published by third parties (“Clients”)
1. Amendments and Changes
3. Copyrights and Trademarks
The materials on the Site and the eLeague.gg Services belong to or are licensed to eLeague.gg. The materials are protected by United States and foreign copyright laws. We also own the names we use for our products and services on the Site and eLeague.gg Services, and these names are protected by United States and foreign trademark laws. If you use the materials or trademarks on the Site or eLeague.gg Services in a way that is not allowed by this Agreement, you are violating the Agreement and may also be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Site and eLeague.gg Services. Title to the materials remains with us or with the authors of the materials contained on the Site or eLeague.gg Services. All rights not expressly granted are reserved.
4. Limited License, Access, and Accounts
4.1. Limited License
The eLeague.gg Services are provided for, and eLeague.gg grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein, to access and use the eLeague.gg Services using a personal computer or a mobile device solely in accordance with the terms of this Agreement.
You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. If you are under the age of 18, your parent or legal guardian must create an Account, and consent to your use of the Site and the eLeague.gg Services. Children under the age of 13 are not allowed to use the Site or the eLeague.gg Services or to create an account.
To access certain portions of the Site or the eLeague.gg Services, you may be required to create an account through the Site (an “Account”). If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. You agree that you shall not create an Account or access the eLeague.gg Services if you (i) are under the age of 18, without the consent of your parent or legal guardian, or at all if you are under the age of 13, (ii) if you have previously been removed by eLeague.gg or banned from using the eLeague.gg Services or the Client Game, (iv) are located in a country embargoed by the United States or (v) are on the U.S. Treasury Department’s list of Specially Designated Nationals.
4.4. Account Security
Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify eLeague.gg immediately if you believe that your Account username and/or password have been compromised.
4.5. Rules Related to eLeague.gg Account Names
When you create an Account, you will have to create a username. Your username may be visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the Site or eLeague.gg Services, including, without limitation, usernames (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If eLeague.gg finds a User Identifier to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your eLeague.gg Account. In particular, you may not use any User Identifier:
- Belonging to another individual or entity with the intent to impersonate that individual or entity, including without limitation, impersonating any eLeague.gg agent or employee or any other eLeague.gg community user;
- That incorporates vulgar language or imagery or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
- That is subject to the rights of any other person or entity without written authorization from that person or entity;
- That belongs to a popular culture figure, celebrity or media personality;
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
- Belonging to any religious figure or deity;
- Related to drugs, sex, alcohol, or criminal activity;
- Comprised of partial or complete sentences (e.g., “trollu4fun”);
- Comprised of gibberish (e.g., “ugliugk,kjblh”);
- Uses any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space; or
- Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions.
4.6. User Rules
As a condition of use, you promise that, in connection with your use of the Site or the eLeague.gg Services, you will not:
- Violate any applicable law, regulation, or contract;
- Without limiting the foregoing, use the Site or eLeague.gg Services to run tournaments or competitions for games of chance or to conduct gambling;
- Without limiting the foregoing, offer cash prizes where it is prohibited by law;
- Without limiting the foregoing, make available through the Site or eLeague.gg Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Without limiting the foregoing, access the eLeague.gg Services to participate in a tournament that violates any law where you reside;
- Create, distribute or use any third party software, including without limitation “mods,” cheats, addons or hacks, designed to change or manipulate the Client Games;
- Misrepresent yourself in any way;
- Make any false, misleading, or inaccurate statements;
- Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
- Commit any actions considered to be unethical;
- Impersonate any person or entity, including any employee or representative of eLeague.gg;
- License, create derivative works from, any information, content obtained from the Site or the eLeague.gg Services.
eLeague.gg reserves the right to permanently suspend or terminate your Account and your access to the eLeague.gg Services, and/or disqualify you from receiving any prize(s) offered by the tournaments, if it suspects that you have violated any of the User Rules on the Site or the eLeague.gg Services.
5. Links to Other Websites
The Site and eLeague.gg Services may contain links to websites operated by other parties. eLeague.gg provides these links to other websites as a convenience, and use of those sites is at your own risk. The linked sites are not under the control of eLeague.gg, and eLeague.gg is not responsible for the content available on the other sites. Such links do not imply eLeague.gg’s endorsement of information or material on any other site and eLeague.gg disclaims all liability with regard to your access to and use of such linked websites.
6. Software Updates
In an effort to improve the Service, eLeague.gg may update its eLeague.gg Services, including its Apps and software, without notifying you.
7. Fees and Payments
7.1. Fees and Payments
Some aspects of the Site and eLeague.gg Services require you to pay a fee. You may also purchase certain subscriptions to the eLeague.gg Services and/or physical products through the Site. You agree to pay all fees, payments and applicable taxes incurred by your Account you used to access the eLeague.gg Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Site or eLeague.gg Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Site, you (a) agree to pay the price for such products set forth in the Site, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize eLeague.gg to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in Australian Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
7.2. Return and Refund Policy
All sales on the Site and the eLeague.gg Services are final. Except as provided below, there are no refunds or returns for the purchase of a subscription to the eLeague.gg Services.
(I) ALL SALES THROUGH THE SITE AND eLeague.gg SERVICES ARE FINAL; AND (II) YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. WE DO NOT ISSUE ANY REFUNDS OR OFFER ANY EXCHANGES OF ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE.
7.3. Changes to Products and Pricing
eLeague.gg may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the eLeague.gg Services or any products sold through the Site. The inclusion of any products through the Site at a particular time does not imply or warrant that these products will be available at any other time. eLeague.gg reserves the right to change prices for products displayed on the Site, or the eLeague.gg Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Site.
7.4. Order Acceptance/Confirmation
Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify eLeague.gg’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. eLeague.gg reserves the right at any time after receiving your order to accept or decline your order for any reason. If eLeague.gg cancels an order after you have already been billed, then eLeague.gg will refund the billed amount.
7.5. Shipment of Products
Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of physical products purchased by you through the Site will be delivered within the time period specified for the delivery method you have selected.
7.6. Consumers Only
eLeague.gg sells and ships products to end-user customers only. You may not purchase products on the Site for resale, and we reserve the right to refuse or cancel your order if we suspect you are doing so.
8. Notice for Claims of Copyright Infringement
If you are a copyright owner or agent thereof and believe that content posted on the Site or the eLeague.gg Services by a eLeague.gg user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- the URL of the location on our website containing the material that you claim is infringing;
- your 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; and
- 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.
Our Copyright Agent can be reached by mail at: eLeague.gg, ATTN: Copyright Agent, PO BOX 199, Northbridge, NSW 2063 Australia; or by email at firstname.lastname@example.org. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
The Site and the eLeague.gg Services are operated by eLeague.gg Pty Ltd in Australia. Those who choose to access the Site or eLeague.gg Services from locations outside Australia do so at their own initiative and are responsible for compliance with applicable local laws.
10. Other Third Parties
eLeague.gg cannot guarantee that the Client Games will have uninterrupted service. You agree not to hold eLeague.gg liable for any interruption of service of the Client Games during use of the eLeague.gg Services. eLeague.gg also cannot guarantee that any tournament organizer who hosts an event through the eLeague.gg Services will distribute advertised or promised prizes or rewards. You participate in the eLeague.gg Services at your own risk and agree that eLeague.gg is not responsible for any tournament prizes offered by tournament organizers.
11. DISCLAIMER OF WARRANTIES
THE Site AND eLeague.gg SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. eLeague.gg MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE, AND/OR THE eLeague.gg SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE eLeague.gg SERVICES IS AT YOUR SOLE RISK. eLeague.gg DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE eLeague.gg SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE eLeague.gg SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE eLeague.gg SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
eLeague.gg DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AGREE THAT eLeague.gg SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
12.LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, eLeague.gg, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR THE eLeague.gg SERVICES, EVEN IF eLeague.gg AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. eLeague.gg IS NOT LIABLE FOR ANY INTERRUPTION OF SERVICE OF THE CLIENT GAMES. eLeague.gg IS NOT LIABLE FOR ANY ACTIONS OF TOURNAMENT ORGANIZERS OR THEIR FAILURE TO DISTRIBUTE PRIZES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF eLeague.gg OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of eLeague.gg and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, hold harmless and defend eLeague.gg and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by eLeague.gg arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of personal or confidential information or (b) use or misuse of the Site or the eLeague.gg Services.
14. Term and Termination
This Agreement is effective until terminated. eLeague.gg may terminate this Agreement with or without notice for any reason, or for no reason. You may terminate this agreement by discontinuing your use of the Site or eLeague.gg Services and notifying eLeague.gg in writing.
This Agreement may only be revised in writing by eLeague.gg, or published by eLeague.gg on the Site.
eLeague.gg shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of eLeague.gg, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond eLeague.gg’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and eLeague.gg as a result of this Agreement or your use of the Site or eLeague.gg Services.
eLeague.gg may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without eLeague.gg’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
You hereby agree that eLeague.gg would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.