Eezers Network Terms of Service
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 5 BELOW.
Last Revised: Auguest 22, 2017
Certain products, services, and digital content may from time to time be made available to you for purchase through the Company Service. Those purchases are governed by the Terms of Sale, which are incorporated by reference into and made part of this Agreement.
FOR RESIDENTS OUTSIDE NORTH AMERICA: If you are under the age of eighteen (18), please ask your parent or legal guardian to read and accept this Agreement on your behalf before you use the Company Service. If you (or, if applicable, your parent or guardian) do not agree to this Agreement, then you must not use or access the Company Service. You represent and warrant that you are a “natural person” who is over the age of eighteen (18) or whose parent or guardian has accepted and agreed to this Agreement.
(a) Company may at any time change or discontinue any aspect or feature of the Company Service, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(d) We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
(e) You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and Use and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
2. Changes to the Terms of Service and Use:
(b) Except for Section 5 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions to these Terms of Service and Use will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a notice on the Website, updating the date of this Agreement above, by electronic or conventional mail, or by any other means by which you obtain notice thereof.
(c) You should periodically check this webpage for any changes to this Agreement. Any continued use of the Company Service by you after the posting of any such notice will be deemed to constitute your binding acceptance of any such changes, modifications, additions or deletions to these Terms of Service and Use. If any modification, change, addition or deletion to these Terms of Service and Use is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the Company Service.
3. Your Use of the Company Service:
(a) You shall provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms. Accurate records help us create better websites and provide us with opportunities to identify new services or products that may interest you. You agree to update your registration data to keep it current and accurate within a reasonable time after any change to that data. In the event that you fail to provide true, accurate, current and complete information about yourself as requested in the Company's registration forms or fail to update and maintain your current and complete information then the Company may, in its sole and absolute discretion, suspend or terminate your account and you ability to access and use the Company Service.
(b) You shall use the Company Service for lawful purposes in compliance with this Agreement only. The Company Service may include interactive areas or services, such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Company Service. You are solely responsible for your use of such interactive services and shall use them at your own risk.
(c) These content standards apply to the Company Service, any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
(d) You shall not (hereinafter, collectively “Rules of Conduct”):
(i) Post, upload, distribute, publish or otherwise transmit through the Company Service any content or other items that:
(A) may be unlawful, libelous, abusive, defamatory, obscene, profane, offensive, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, inflammatory, fraudulent or otherwise objectionable in any way or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(B) may constitute, encourage or provide instructions for a criminal offense, violate the rights of any party;
(C) may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Company Service). By posting any such content, you hereby represent and warrant that you have all necessary rights to distribute and reproduce any such content;
(D) may violate any party’s right of publicity or right of privacy;
(E) contain personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(F) may be considered threatening, harassing or promoting racism, bigotry, hatred or physical harm of any kind against any group or individual;
(G) contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(H) contain or is an unsolicited offer, advertisement, proposal, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, including, without limitation, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities; or
(I) in the judgment of Company may be objectionable or which restricts or inhibits any other person from using or enjoying the Company Service or which may expose Company or our users to any harm or liability;
(ii) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer any licenses granted in this Agreement;
(iii) Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Company Service, or perform any other similar fraudulent activity;
(iv) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Company Service, features that prevent or restrict use or copying of any content accessible through the Company Service, or features that enforce limitations on the use of the Company Service;
(v) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Company Service or any part thereof;
(vi) Modify, adapt, translate or create derivative works based upon the Company Service or any part thereof;
(vii) Use any robot, spider, scraper, crawler or other automated means to access the Company Service for any purpose or bypass any measures Company may use to prevent or restrict access to the Company Service; or
(viii) Attempt to indicate in any manner that you have a relationship with Company that does not actually exist or that Company has endorsed you or any products or services for any purpose.
The above are examples of prohibited conduct and is not intended to be exhaustive. Any conduct by you that, in Company’s sole and absolute discretion, restricts or inhibits any other user from using or enjoying the Company Service will not be permitted. Company shall have the right, but not the obligation, to monitor the content of the Company Service, including profiles and forums, to determine compliance with this Agreement and any Policies and other operating rules established by Company and to satisfy any law, regulation or authorized government request. Company will make the sole determination as to what content is acceptable in its sole and absolute discretion. Company may include, edit or remove any content at any time without notice, in its sole and absolute discretion. Without limiting any other rights or remedies of Company, any violation of the foregoing shall violate this Agreement and may result in, among other things, removal of the prohibited communications and/or suspension or termination of your rights to use and access the Company Service.
(e) The Website may contain message boards, chat rooms, personal web pages or profiles, social media boards and forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
(f) We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole and absolute discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation filing lawsuits, responding to subpoenas and referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service and Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
(g) You understand that, when using the Company Service, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Company Service. Company does not pre-screen or endorse any third party content and is not responsible or liable under any circumstances for such content.
(i) Company offers its users the opportunity to participate in certain online competitions and tournaments, some of which may have prizes for the winners. If you participate in such online competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you. Eligibility requirements will be disclosed in connection with each online competition and tournament. To collect a prize, you may be required to provide information reasonably requested by Company. Company and/or any vendor or sponsor who provides a particular prize may report the value of the prize to federal and/or state taxing authorities.
(j) The Company Service may include means by which you and other users may share user generated content (“UGC”). To the fullest extent permitted by applicable law, by submitting any UGC you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that Company shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation (but subject to applicable laws), notice or attribution. You waive and agree not to assert against Company or any of its partners, affiliates, subsidiaries or licensees, any moral or similar rights you may have in any of your UGC. To the extent the Company Service permits other users to access and use your UGC, you also grant such users the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Company Service without further notice, attribution or compensation to you. You may only upload your own UGC to the Company Service or any Product not upload anyone else’s UGC. Company reserves the right (but has no obligation) to remove, block, edit, move, or disable UGC for any reason in Company’s sole and absolute discretion. Users of the Company Service create, upload, download and use UGC at their own risk. If you upload or make available to other users your UGC via the Company Service, we do not control, monitor, endorse or own your UGC, and you are commissioning us to host and make available such UGC subject to the above license. Complaints about the content of any UGC must be sent to firstname.lastname@example.org and must contain details of the specific UGC giving rise to the complaint.
(k) The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
4. Linking to the Website and Social Media Features:
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without the Company's express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
5. For residents in North America-- BINDING ARBITRATION AND CLASS ACTION WAIVER:
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or use the Company Service in the United States. These provisions may also apply to you if you are domiciled in and/or use the Company Service from outside the United States. See Jurisdiction And Applicable Law section below for details.
(a) Initial Dispute Resolution. The Company is available to address any concerns you may have regarding the Company Service. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(b) Binding Arbitration. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Company Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(c) Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Cook County, Illinois, and you and Company agree to submit to the personal jurisdiction of any federal or state court in Cook County, Illinois, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
(d) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(e) Exception - Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Company Service under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
(f) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Location," and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: ezLeague Gaming Inc., Attention: Legal, 150 North Michgan Avenue, Suite 1230, Chicago, IL 60601. The notice must be sent within thirty (30) days of purchasing the Company Service (or if no purchase was made, then within thirty (30) days of the date on which you first access or use the Company Service and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Company also will not be bound by them.
(g) Changes to this Section: Company will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
6. Jurisdiction and Applicable Law:
The Company Service is made available subject to the terms of this Agreement. If you use the Company Service from:
(a) For residents in the United States, Mexico, or Canada, then any claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the State of Illinois, without reference to conflict of laws principles. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the Company Service that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Cook County, Illinois to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.
(b) For residents in Europe and the European Union, then the laws of England and Wales govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, data protection and privacy laws and regulations, and in tort, will be subject to the laws of the European Union country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you use the Company Service. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you use the Company Service, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.
(c) For residents in Australia or Japan, then the laws of Australia govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, data protection and privacy laws and regulations, and in tort, will be subject to the laws of the country in which you use the Company Service (being either Australia or Japan). To the extent permitted by applicable law, you agree to the jurisdiction of the courts of New South Wales, Australia.
(d) For residents in the Rest of the World, If you use this Company Service from countries other than those listed in sections A, B and C above, then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless Company from any and all claims, loss, injury, damage, or costs arising from your use of the Company Service to the extent permitted by applicable law. No warranty or representation is made by Company that the Company Service or any use of the Company Service outside of the countries listed in sections A, B and C above complies with any applicable local law. Further your use of the Company Service and all claims arising out of or related to the Company Service or this Agreement will, to the extent permitted under applicable law, be subject to the laws of England and Wales, without reference to conflict of laws principles and you consent to the jurisdiction of the courts of England and Wales.
To the fullest extent permitted by applicable law, if any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.
You are responsible for obtaining and maintaining all telephone, internet, computer hardware, software and other equipment needed for access to and use of the Company Service and all charges related thereto.
8. Company Service:
(a) As a commitment to our users, we currently provide you with access to a rich collection of online resources, including various communication and social networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content and branded programming. Certain services are presently provided free of charge, but it is possible that Company may charge for certain services in the future, subject to applicable laws.
(b) We do our best to make your experience with the Company Service a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. Therefore, you agree that the Company Service are provided on an “AS IS” and “AS AVAILABLE” basis. Company does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings. You agree to waive any liability of the Company related to any disruptions in service, termination of service or other problems related to your use or access of the Company Website or the Company Service.
(c) Company reserves the right to change or discontinue, temporarily or permanently, the Company Service at any time. You agree that Company will not be liable to you or any third party for any modification or discontinuance of the Company Service. You agree to waive any liability of the Company related to any disruptions in service, termination of service or other problems related to your use or access of the Company Website or the Company Service.
(d) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Company Service, are those of the respective author(s) or distributor(s) and not of Company and Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the Company Service and expressly disclaims any and all liability in connection therewith.
(e) Your use of the Company Service is at your own risk.
(f) The Company Service may include hyperlinks to other websites or services solely as a convenience to you (“Third Party Sites”). Company has no control over, does not endorse and is not responsible for any such Third Party Sites or the information, advertising, products, services or materials contained on or accessible through any such Third Party Sites. You agree that Company is not liable for any loss or damage which may be incurred by you as a result of the availability of any Third Party Sites or as a result of any reliance placed by you on the completeness, accuracy or existence of any the information, advertising, products, services or materials contained on or accessible through any such Third Party Sites and your use of any such Third Party Sites or the services provided by them shall be governed by such terms between you and such Third Party sites.
9. Intellectual Property:
(a) The Company Service and each Website are owned and operated by Company. All content, trademarks and other proprietary materials and/or information on the Company Service and each Website, including, without limitation, Company’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). Company (or its subsidiaries or affiliated companies and/or third-party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the Company Service and each Website under copyright laws and Company owns all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the Company Service and each Website as a collective work under copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. All Materials contained in the Company Service are the proprietary property of Company or its subsidiaries or affiliated companies and/or third-party licensors.
(b) ezLeague Gaming Inc., eezers, the ezLeague Gaming logos, the eezers logo and any other ezLeague Gaming or eezers marks and logos (collectively, the “Company Marks”) are the exclusive property of Company and are protected by trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). Company hereby expressly reserves all rights, including, without limitation, all trademark rights, in and to the Company Marks. All other trademarks appearing on the Company Service are the property of Company, affiliates of Company, or their respective owners. Unless you have agreed otherwise in writing with Company, you agree that nothing in this Agreement gives you a right to use any of the Company Marks or any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
10. Disclaimer of Warranty; Limitation of Liability:
(a) USE OF THE COMPANY SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN IS AT YOUR SOLE RISK. NEITHER COMPANY, COMPANY’S AFFILIATED COMPANIES, COMPANY’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) WARRANT THAT THE COMPANY SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY SERVICE, ANY PRODUCT OR INFORMATION, CONTENT OR MATERIALS CONTAINED, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE COMPANY SERVICE OR ANY PRODUCT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE COMPANY SERVICE OR ANY PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL.
(b) COMPANY DOES NOT GUARANTEE THAT ANY PARTICULAR COMPANY SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT COMPANY WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT FEATURES AND RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT FEATURES IN ITS DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE, CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE FO THE ONLINE SERVICE OVER TIME.
FOR RESIDENTS OUTSIDE NORTH AMERICA: SUBJECT TO THE NEXT SENTENCE, COMPANY DOES NOT GUARANTEE THAT ANY COMPANY SERVICE WILL BE AVAILABLE OR ERROR-FREE AT ALL TIMES OR AT ANY GIVEN TIME. COMPANY WARRANTS THAT THE COMPANY SERVICE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL. COMPANY MAY CHANGE AND UPDATE COMPANY SERVICES WITHOUT NOTICE TO YOU (PROVIDED ALWAYS THAT ANY SUCH CHANGES DO NOT RESULT IN MATERIAL DEGRADATION IN THE FUNCTIONALITY OF THE COMPANY SERVICE WHICH HAS BEEN PAID-FOR WITH REAL MONEY). COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF COMPANY SERVICE WHICH ARE FREE (I.E., NOT PAID-FOR WITH REAL MONEY) AND RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THEM IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU, INCLUDING FOR EXAMPLE, FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THEM OVER TIME. COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF IT OBLIGATIONS THAT IS CAUSED BY EVENTS OUTSIDE ITS REASONABLE CONTROL. IF SUCH CIRCUMSTANCES RESULT IN MATERIAL DEGRATION IN THE FUNCTIONALITY OF ANY COMPANY SERVICE THEN YOUR OBLIGATION TO MAKE ANY PAYMENT TO DOWNLOAD, USE OR ACCESS WILL BE SUSPENDED FOR THE DURATION OF SUCH PERIOD. COMPANY IS ENTITLED TO MODIFY OR DISCONTINUE ANY COMPANY SERVICE WHICH IS PAID-FOR WITH REAL MONEY IN ITS SOLE DISCRETION UPON REASONABLE NOTICE TO YOU. THE WARRANTY FOR SUCH COMPANY SERVICE IS PROVIDED IN ACCORDANCE WITH YOUR STATUTORY RIGHTS AS A CONSUMER WHICH WILL ALWAYS PREVAIL.
(d) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, THE COMPANY PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE COMPANY SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT [INCLUDING BUT NOT LIMITED TO NEGLIGENCE] OR OTHERWISE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE COMPANY SERVICE OR ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN.
FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
FOR FRAUDULENT MISREPRESENTATION; OR
FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, BE LIMITED OR EXCLUDED.
(g) TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Company and the Company Parties and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of:
(b) any negligent or wrongful conduct;
(c) your use, misuse and/or access of the Company Service;
(d) a violation by you of any applicable law;
(e) any content you post, store or otherwise transmit in or through the Company Service; and/or
(f) your violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims, at your sole cost and expense.
14. Expectation of Privacy:
Communications made using the Company Service should not be considered private. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any UGC or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.
If you access content protected with Digital Rights Management (DRM), the software may automatically request media usage rights from a rights server online and download and install DRM updates so that you can view the content.
16. Force Majeure:
Company shall not be liable for any delay or failure to perform resulting from causes outside Company's reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company'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.
17. Risk of Loss:
You bear all risk of loss for accessing or completing the download of any Company Service and for any loss of any Company Service that you have accessed or downloaded, including any loss due to a file corruption or device crash. Any Company Service may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific Company Service(s) for access or use). Company Services may become unavailable due to potential content provider licensing restrictions or other reasons; Company will not be liable to you if any Company Service is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
19. For residents in North America-- DMCA Notice:
Company respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the Company Service has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.
Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. §512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.
To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
A. Your name, address, telephone number, and email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of where the alleged infringing material is located;
D. 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;
E. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
F. A statement by you, 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.
Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
20. Waiver and Severability:
21. Entire Agreement:
QUESTIONS: Should you have any questions regarding this Agreement you may contact us through the Website or e-mail support@ezLeagueGaming.com.