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ESEA Terms of Use
ESEA TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USING ANY PART OF THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE ANY PART OF THIS WEBSITE.

This website (this "Site") is owned and operated by E-Sports Entertainment, LLC ("ESEA" or "our" or "we"). This Site consists of services and content provided by ESEA, our affiliated entities and third parties.

  1. General
    These Terms of Use apply to your use of this Site. By using any part of this Site, you agree, without limitation or qualification, to comply with all of the provisions contained in these Terms of Use. ESEA authorizes you to use this Site only for your personal, non-commercial use. You shall be responsible for protecting the confidentiality of your password(s), if any, and shall be fully responsible for the use of this Site by any other person you permit to access this Site. ESEA shall have the right at any time and from time to time to change or discontinue any aspect or feature of this Site, including, but not limited to, content, hours of availability and equipment needed for access or use.

  2. Changes
    ESEA shall have the right at any time and from time to time to change or modify the Terms of Use applicable to your use of this Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. All such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means determined by ESEA, including, but not limited to, posting on this Site, by electronic or conventional mail or by any other means by which you obtain notice thereof. Any use of this Site by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.

  3. Disclaimer
    THE MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
    ESEA ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THIS SITE. USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER ESEA, ESEA AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "ESEA PARTIES") WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
    THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ESEA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  4. Limitation of Liability
    IN NO EVENT WILL ESEA, THE ESEA PARTIES OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ESEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  5. Your Conduct
    1. You agree to use this Site for non-commercial, lawful purposes only and shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without ESEA's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that, in ESEA's sole discretion, restricts or inhibits any other user from using or enjoying this Site will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to: (i) propagation of computer worms, viruses and other such malicious code, (ii) using (directly or indirectly) this Site or its computer network to make unauthorized entry to any other machine accessible through this Site or its computer network, and (iii) use of this Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on-line services. Without limiting any other rights or remedies of ESEA, violations of the foregoing may result in removal of any prohibited communications and/or termination of your access to this Site.
    2. You understand and agree that access to this Site may result in access to other user's names, screen names, email addresses or other user information (collectively, "User Information"), and you acknowledge and agree that such User Information and any ESEA services and/or any software used in connection with ESEA services ("Software") constitute proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You agree not to disclose or otherwise use any proprietary or confidential information appearing on this Site without the prior written consent of ESEA, whether such information is labeled "confidential" or "proprietary" or could reasonably be regarded as confidential or proprietary.
    3. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Site are copyrighted as a collective work under the United States copyright laws. ESEA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on this Site will be permitted without the express permission of ESEA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
    4. You shall not upload, post, submit or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site, or otherwise submitting materials to ESEA, you automatically grant, or warrant that the owner of such material has expressly granted ESEA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use. Please note that ESEA does not want to receive confidential information from any user and any information received will be deemed NOT confidential or proprietary. It is understood that by appearing and participating in any ESEA competition, you grant ESEA and its assignees and licensees right to review and make public any and all game play, film, photograph and record your name, nickname, pseudonym, persona, picture, biographical material, voice and/or likeness and to use and distribute the same in any manner or media whatsoever, by any and all means, media, devices, processes and technology now or hereafter known or devised anywhere in the universe at anytime in perpetuity, for any lawful purpose whatsoever, including advertising, publicity or trade.

    5. The foregoing provisions of this Section 5 are for the benefit of ESEA, ESEA affiliated companies and its third party content providers, assignees and licensees and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  6. Arbitration
    Any controversy, claim or dispute arising out of or relating to these Terms of Use, its breach or claimed breach shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York, New York, except that, to the extent you have in any manner violated or threatened to violate ESEA's intellectual property or confidentiality rights, ESEA may seek injunctive, monetary or other appropriate relief in any state or federal court in the State of New York (and ESEA may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms and Condition, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant ESEA its reasonable fees and costs (including reasonable attorney's fees) incurred by ESEA in any action to enforce these Terms of Use.

  7. Monitoring
    ESEA shall have the right, but not the obligation, to monitor the content of this Site, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by ESEA and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, ESEA shall have the right to remove any material that ESEA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

  8. Indemnification
    You agree to defend, indemnify and hold harmless ESEA, ESEA affiliated companies and their respective directors, officers, employees, agents, assignees and licensees from and against all claims and expenses, including attorneys' fees, resulting from (i) any breach of these Terms of Use or your negligent and wrongful conduct; (ii) your use and access of this Site, including the posting of any content on this Site by you; and (iii) violation by you of any applicable law, rule or regulation.

  9. Termination
    You may unsubscribe at any time by sending an unsubscribe request to us at cancel (at) esportsea.com and we will process your request within a reasonable time after receipt. Without limiting the foregoing, ESEA shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which ESEA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 3, 4, 5, 6, 8, 11, 12, 13 and 14 shall survive termination of these Terms of Use.

  10. Intellectual Property
    ESEA, ESEA Premium, ESEA Market and other ESEA graphics, logos, designs, page headers, button icons, scripts and service names (jointly referred to as "ESEA Marks") are the exclusive property of E-Sports Entertainment, LLC. All rights reserved. ESEA Marks and trade dress may not be used, including as part of trademarks or domain names, in connections with any product of service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of ESEA.

  11. Third Party Content
    ESEA is a distributor (and not a publisher) of content supplied by third parties and users of this Site. Accordingly, ESEA has no more editorial control over such content than does a public library, bookstore, or newsstand. 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 this Site are those of the respective author(s) or distributor(s) and not of ESEA. Neither ESEA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Refer to Sections 3 and 4 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.

    In many instances, the content available through this Site represents the opinions and judgments of the respective information provider or users not under contract with ESEA. ESEA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site. Under no circumstances will ESEA be liable for any loss or damage caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site.
  12. Terms of Sale
    Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from ESEA through this Site; it is hereby incorporated into these Terms of Use. By ordering products or services from ESEA through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in our sole discretion so you should review the Terms of Sale each time you make a purchase.

  13. Privacy Policy
    ESEA knows that the privacy of your personal information is important to you. Therefore, ESEA has established a Privacy Policy governing the use of this information, which is located here and is hereby incorporated into these Terms of Use.

  14. Copyright Complaints
    ESEA owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Users are prohibited from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper notification under our DMCA Policy, we promptly remove or disable access to the alleged infringing materials and terminate the accounts of repeat offenders. ESEA's DMCA Policy is hereby incorporated into these Terms of Use.

  15. Miscellaneous
    These Terms of Use (which hereby incorporate by reference any other provisions applicable to use of this Site, including, but not limited to, any supplemental terms governing the use of certain specific material contained on this Site and any operating rules for this Site established by ESEA) constitutes the entire agreement of the parties with respect to the subject matter. The provisions of these Terms of Use will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of these Terms of Use, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the intentions of the original provision. These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.


    Last Updated: April 13, 2009