Terms and Conditions
Agreement between User and EliteGamerz.co
Welcome to EliteGamerz.co. The
EliteGamerz.co website (the "Site") is comprised of various web pages operated
by Elite Gamerz ("EG"). EliteGamerz.co is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein (the "Terms"). Your use of EliteGamerz.co constitutes your agreement to
all such Terms. Please read these terms carefully, and keep a copy of them for
your reference.
EliteGamerz.co is a Gaming Site.
Elite Gamerz is a competitive site where the best video gamers can compete in
tournaments for money and other prizes. Gamers compete to take the titles of the
best gamers in the world!
Current platforms are PS4, XBOX1 and PC.
Privacy
Your use of EliteGamerz.co is subject to EG's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting EliteGamerz.co or sending emails to EG constitutes electronic
communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically, via email and on the Site, satisfy any legal
requirement that such communications be in writing.
Your Account
If
you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. You may not assign or otherwise transfer your account to any other
person or entity. You acknowledge that EG is not responsible for third party
access to your account that results from theft or misappropriation of your
account. EG and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under
Thirteen
EG does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are under
18, you may use EliteGamerz.co only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your membership at any
time. Any cancellations after game play will not qualify for a refund. Please
email us with any questions.
Links to Third Party Sites/Third Party
Services
EliteGamerz.co may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of EG and EG is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
EG is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by EG of the site or any association with
its operators.
Certain services made available via EliteGamerz.co are delivered by third party
sites and organizations. By using any product, service or functionality
originating from the EliteGamerz.co domain, you hereby acknowledge and consent
that EG may share such information and data with any third party with whom EG
has a contractual relationship to provide the requested product, service or
functionality on behalf of EliteGamerz.co users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted
a non-exclusive, non-transferable, revocable license to access and use
EliteGamerz.co strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to EG that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site
in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Site.
You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All
content included as part of the Service, such as text, graphics, logos, images,
as well as the compilation thereof, and any software used on the Site, is the
property of EG or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. EG content
is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete
or alter any proprietary rights or attribution notices in any content. You will
use protected content solely for your personal use, and will make no other use
of the content without the express written permission of EG and the copyright
owner. You agree that you do not acquire any ownership rights in any protected
content. We do not grant you any licenses, express or implied, to the
intellectual property of EG or our licensors except as expressly authorized by
these Terms.
Use of Communication Services
The Site
may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"). You agree to
use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service.
By way of
example, and not as a limitation, you agree that when using a Communication
Service,
you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded; restrict or inhibit any
other user from using and enjoying the Communication Services; violate any code
of conduct or other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information about others,
including e-mail addresses, without their consent; violate any applicable laws
or regulations.
EG has no
obligation to monitor the Communication Services. However, EG reserves the right
to review materials posted to a Communication Service and to remove any
materials in its sole discretion. EG reserves the right to terminate your access
to any or all of the Communication Services at any time without notice for any
reason whatsoever.
EG reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in EG's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. EG does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, EG specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized EG spokespersons,
and their views do not necessarily reflect those of EG.
Materials
uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials.
Materials Provided
to EliteGamerz.co or Posted on Any EG Web Page
EG does not claim
ownership of the materials you provide to EliteGamerz.co (including feedback and
suggestions) or post, upload, input or submit to any EG Site or our associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting EG, our
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly
perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. EG is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in EG's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
Third Party Accounts
You will be able
to connect your EG account to third party accounts. By connecting your EG
account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not
want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and
administered by EG from our offices within the USA. If you access the Service
from a location outside the USA, you are responsible for compliance with all
local laws. You agree that you will not use the EG Content accessed through
EliteGamerz.co in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify,
defend and hold harmless EG, its officers, directors, employees, agents and
third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or
inability to use the Site or services, any user postings made by you, your
violation of any terms of this Agreement or your violation of any rights of a
third party, or your violation of any applicable laws, rules or regulations. EG
reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you
will fully cooperate with EG in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions, or any provisions
hereof, whether in contract, tort, or otherwise at law or in equity for damages
or any other relief, then such dispute shall be resolved only by final and
binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. The arbitrator's award shall be
final, and judgment may be entered upon it in any court having jurisdiction. In
the event that any legal or equitable action, proceeding or arbitration arises
out of or concerns these Terms and Conditions, the prevailing party shall be
entitled to recover its costs and reasonable
attorney's fees. The parties agree to
arbitrate all disputes and claims in regards to these Terms and Conditions or
any disputes arising as a result of these Terms and Conditions, whether directly
or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any
arbitration under these Terms and Conditions will take place on an individual
basis; class arbitrations and class/representative/collective actions are not
permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE
FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you
and EG agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELITE GAMERZ AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ELITE GAMERZ AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. ELITE GAMERZ AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL ELITE GAMERZ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELITE GAMERZ
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
EG reserves the right,
in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of
Texas and you hereby consent to the exclusive jurisdiction and venue of courts
in Texas in all disputes arising out of or relating to the use of the Site. Use
of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that
no joint venture, partnership, employment, or agency relationship exists between
you and EG as a result of this agreement or use of the Site. EG's performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of EG's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Site or information provided to or gathered by EG with respect
to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and EG with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and EG with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be
written in English.
Non-Gambling Website.
No gambling is allowed within the Services. The tournaments enabled through the Services utilize skill-based games, meaning the outcome of all relevant games are based predominantly upon the skill of Match participants, not chance. Elite Gamerz does not have knowledge of the probability of any particular participant winning a Match, and makes no representations about an individual user's chances of winning.