IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 3 BELOW.
Last Revised: September 12, 2024
TERMS OF USE AND SERVICE AGREEMENT
Welcome and thank you for visiting our network of websites and applications, which includes without limitation esportsagent.gg and any other website or application on which this Terms of Use and Service Agreement appears (each a “Website”). Our Websites are interactive online services operated by Esports Agent Incorporated. (“EsportsAgent”). We are glad you have decided to join our community, and we look forward to your involvement with our Websites. This Terms of Use and Service Agreement (“Agreement”) applies to all of our Websites and all other services offered by EsportsAgent (collectively, the “EsportsAgent Service”). Certain services offered by EsportsAgent may be subject to separate terms of use, in which case, we will let you know what terms will apply to those services.
Certain products, services, and digital content may from time to time be made available to you for purchase through the EsportsAgent Service. Those purchases are governed by the Terms of Sale, which are incorporated by reference into this Agreement and made part of this Agreement.
EsportsAgent knows that the privacy of your personal information is important to you. For more information about EsportsAgent’s data protection practices, please read our Privacy Policy, which for residents in North America is incorporated by reference into this Agreement and made part of this Agreement. The Privacy Policy explains how EsportsAgent processes your personal information, and protects your privacy, when you use the EsportsAgent Service. Your access to and use of the EsportsAgent Service shall be subject to EsportsAgent’s Privacy Policy, and if you are a resident in North America, your agreement to the policies and practices set forth therein.
FOR RESIDENTS IN NORTH AMERICA ONLY: Subject to any applicable restrictions and requirements, the EsportsAgent Service is made available to individuals aged 13 or older. If you are aged 13 but under 18 years of age, you and your parent or guardian must review this Agreement and our Privacy Policy together. Parents/ guardians are jointly and severally liable for all acts (including for purchases and payments) and omissions of their children aged under 18 years when using the EsportsAgent Service. EsportsAgent recommends that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if aged under 13 years of age when online. Additionally, some of the content on the EsportsAgent Service may not be appropriate for individuals under 18 years of age.
FOR RESIDENTS OUTSIDE NORTH AMERICA: If you are under the age of eighteen (18) or the age of majority under applicable local civil law, please ask your parent or legal guardian to read and accept this Agreement on your behalf before you use the EsportsAgent Service. If you (or, if applicable, your parent or guardian) do not agree to this Agreement, then you must not use or access the EsportsAgent Service. You represent and warrant that you are a “natural person” who is over the age of eighteen (18) or the age of majority under applicable local civil law, or whose parent or legal guardian has accepted and agreed to this Agreement. Further members of the states of Arizona, Montana, and South Dakota are PROHIBITED from competing for cash prizes on our platform.
FOR COMPETITIONS WITH PRIZE WINNINGS: All those who enter must be above the age of eighteen (18) years old. If you pay to enter a tournament or cash match you must be above the age of eighteen (18) or the age of majority under local civil law. If the tournament is free to enter, yet with a prize, you must also be above the age of eighteen (18) to participate.
AGENT PICKS
Residents who are 19+ within the States of Alaska, California, Georgia, Illinois, Kentucky, Minnesota, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Washington, Washington D.C, Wisconsin are allowed to participate in Agent Picks competitions. Residents within the States of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Vermont, Virginia, West Virginia, Wyoming are prohibited from competition and if you attempt to circumvent our systems to play you will be immediately banned and all funds seized.
Agent Picks reserves the right to “DNP” (Did Not Play) if a user does not participate in the match (1), or if a line is uploaded incorrectly (2). Incorrect lines are lines that are off by more than 30% of their statistical projection. If a line is off, but under 30% of their statistical projection it will still play for the user.
Lines may also be DNP’d if the match starts and lines are not closed (3). Any wagers placed after the match started are void (there is a 5 minute grace period where wagers will still be considered valid).
DNP wagers on cases (2,3) will often result in refunds which will be credited back to your account. In some cases the lines may play through if the DNP is viewed as negligible to the overall wager. In this case you may still request a refund by contacting support. Case (1) DNP’s will always play through as if the player was not a part of the wager.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE EsportsAgent SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND EsportsAgent. BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE EsportsAgent SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE EsportsAgent SERVICE, YOU ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THIS AGREEMENT AND THE TERMS CONTAINED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE EsportsAgent SERVICE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR USE OF THE EsportsAgent SERVICE. IF YOU REJECT THIS AGREEMENT OR EsportsAgent'S PRIVACY POLICY, YOUR RETURN RIGHTS IN RELATION TO THE EsportsAgent SERVICE ARE GOVERNED BY YOUR STATUTORY RIGHTS IN THE COUNTRY WHERE YOU BOUGHT THE PROGRAM. PLEASE VISIT SUPPORT. NOTHING IN THIS PARAGRAPH SHALL AFFECT YOUR STATUTORY RIGHTS.
1. General:
(a) EsportsAgent may at any time change or discontinue any aspect or feature of the EsportsAgent Service, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(b) When using the EsportsAgent Service, you may be subject to additional posted policies, guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Policies”). All Policies are hereby incorporated by reference into this Agreement and made part of this Agreement, except for the Privacy Policy for residents outside North America.
(c) EsportsAgent only operates tournaments and other events on games of skill. No games of chance are allowed on the EsportsAgent site.
2. Changed Terms:
EsportsAgent reserves the right, at any time and at our sole discretion, to change or modify this Agreement and/or the terms and conditions applicable to your use of the EsportsAgent Service, or any part thereof, or to impose new terms, including, but not limited to, adding fees and charges for use. Except for Section 8 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions 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. You should periodically check this webpage for any changes to this Agreement. Any continued use of the EsportsAgent 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. If any modification, change, addition or deletion to these terms and conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the EsportsAgent Service.
3. 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 EsportsAgent Service in the United States. These provisions may also apply to you if you are domiciled in and/or use the EsportsAgent Service from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.
Initial Dispute Resolution: EsportsAgent’s Customer Support department is available to address any concerns you may have regarding the EsportsAgent 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.
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 EsportsAgent 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.
ARBITRATION
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 Bergen County, New Jersey and you and EsportsAgent agree to submit to the personal jurisdiction of any federal or state court in Bergen County, New Jersey 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.
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 EsportsAgent 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.
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 EsportsAgent 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.
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: Esports Agent Corp., 8 Denison Drive East, Saddle River, NJ 07458. The notice must be sent within 30 days of purchasing the EsportsAgent Service (or if no purchase was made, then within 30 days of the date on which you first access or use the EsportsAgent 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, EsportsAgent also will not be bound by them.
Changes to this Section: EsportsAgent 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.
4. Jurisdiction and Applicable Law:
The EsportsAgent Service is made available subject to the terms of this Agreement. If you use the EsportsAgent 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 New Jersey, 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 EsportsAgent 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 Bergen County, New Jersey 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 EsportsAgent 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 EsportsAgent 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, then the laws of Australia govern the interpretation of this Agreement and apply to claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims) without reference to conflict of laws principles. To the extent permitted by applicable law, you agree to the jurisdiction of the courts of New South Wales, Australia.
D. For residents in Japan, then the laws of Japan govern the interpretation of this Agreement and apply to claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims) without reference to conflict of laws principles. To the extent permitted by applicable law, you agree to the exclusive jurisdiction of Tokyo District Court or Tokyo Summary Court.
E. For residents in the Rest of the World, If you use this EsportsAgent Service from countries other than those listed in sections A, B, C, and D 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 EsportsAgent from any and all claims, loss, injury, damage, or costs arising from your use of the EsportsAgent Service to the extent permitted by applicable law. No warranty or representation is made by EsportsAgent that the EsportsAgent Service or any use of the EsportsAgent Service outside of the countries listed in sections A, B and C above complies with any applicable local law. Further your use of the EsportsAgent Service and all claims arising out of or related to the EsportsAgent 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.
5. Equipment: You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the EsportsAgent Service and all charges related thereto.
6. EsportsAgent 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 EsportsAgent may charge for certain services in the future, subject to applicable laws.
(b) We do our best to make your experience with the EsportsAgent 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 EsportsAgent Service are provided on an “AS IS” and “AS AVAILABLE” basis. EsportsAgent does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.
(c) EsportsAgent reserves the right to change or discontinue, temporarily or permanently, the EsportsAgent Service at any time. You agree that EsportsAgent will not be liable to you or any third party for any modification or discontinuance of the EsportsAgent 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 EsportsAgent Service, are those of the respective author(s) or distributor(s) and not of EsportsAgent and EsportsAgent neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the EsportsAgent Service and expressly disclaims any and all liability in connection therewith.
(e) Your use of the EsportsAgent Service is at your own risk.
(f) The EsportsAgent Service may include hyperlinks to other websites or services solely as a convenience to you (“Third Party Sites”). EsportsAgent 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 EsportsAgent 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.
(g) Some of the EsportsAgent Service provided by EsportsAgent are supported by advertising revenue and may display advertisements and promotions. In consideration for EsportsAgent granting you access to and use of the EsportsAgent Service, you agree that EsportsAgent may place advertising and promotions on the EsportsAgent Service. You further agree that the manner, mode and extent of advertising and promotions by EsportsAgent on the EsportsAgent Service are subject to change without specific notice to you. You also agree that EsportsAgent may make disclosures to advertisers as set forth in the Privacy Policy.
7. Your Use of the EsportsAgent 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.
(b) You shall use the EsportsAgent Service for lawful purposes in compliance with this Agreement only. The EsportsAgent 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 EsportsAgent Service. You are solely responsible for your use of such interactive services and shall use them at your own risk.
(c) You shall not (hereinafter, collectively “Rules of Conduct”):
(i) Post, upload, distribute, publish or otherwise transmit through the EsportsAgent 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 EsportsAgent 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 EsportsAgent may be objectionable or which restricts or inhibits any other person from using or enjoying the EsportsAgent Service or which may expose EsportsAgent or our users to any harm or liability;
(ii) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the 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 EsportsAgent Service, or perform any other similar fraudulent activity;
(iv) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the EsportsAgent Service, features that prevent or restrict use or copying of any content accessible through the EsportsAgent Service, or features that enforce limitations on the use of the EsportsAgent Service;
(v) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the EsportsAgent Service or any part thereof;
(vi) Modify, adapt, translate or create derivative works based upon the EsportsAgent Service or any part thereof;
(vii) Use any robot, spider, scraper, crawler or other automated means to access the EsportsAgent Service for any purpose or bypass any measures EsportsAgent may use to prevent or restrict access to the EsportsAgent Service; or
(viii) Attempt to indicate in any manner that you have a relationship with EsportsAgent that does not actually exist or that EsportsAgent has endorsed you or any products or services for any purpose.
The above are examples of prohibited conduct and are not intended to be exhaustive. Any conduct by you that, in EsportsAgent’s sole discretion, restricts or inhibits any other user from using or enjoying the EsportsAgent Service will not be permitted. EsportsAgent shall have the right, but not the obligation, to monitor the content of the EsportsAgent Service, including profiles and forums, to determine compliance with this Agreement and any Policies and other operating rules established by EsportsAgent and to satisfy any law, regulation or authorized government request. EsportsAgent will make the sole determination as to what content is acceptable in its sole discretion. EsportsAgent may include, edit or remove any content at any time without notice, in its sole discretion. Without limiting any other rights or remedies of EsportsAgent, 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 EsportsAgent Service.
(d) You understand that, when using the EsportsAgent Service, you will be exposed to content from a variety of sources, and that EsportsAgent 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 EsportsAgent Service. EsportsAgent does not pre-screen or endorse any third party content and is not responsible or liable under any circumstances for such content.
(e) You understand that access to the EsportsAgent Service may result in access to other users’ names, screen names, e-mail addresses and other information as set out in the Privacy Policy (“Personal Information”) which is protected by applicable data protection and privacy laws and regulations. You understand, acknowledge and agree that any Personal Information from other users constitute the confidential information of EsportsAgent. You agree not to scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the EsportsAgent Service.
(f) EsportsAgent 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 EsportsAgent. EsportsAgent and/or any sponsor who provides a particular prize may report the value of the prize to federal and/or state taxing authorities.
(g) The EsportsAgent 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) EsportsAgent 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 EsportsAgent 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 EsportsAgent 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 EsportsAgent 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 EsportsAgent Service without further notice, attribution or compensation to you. You may only upload your own UGC to the EsportsAgent Service or any Product not upload anyone else’s UGC. EsportsAgent reserves the right (but has no obligation) to remove, block, edit, move, or disable UGC for any reason in EsportsAgent’s sole discretion. Users of the EsportsAgent Service create, upload, download and use UGC at their own risk. If you upload or make available to other users your UGC via the EsportsAgent 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 support@esportsagent.gg and must contain details of the specific UGC giving rise to the complaint.
(h) You understand and agree that you may not participate in or access EsportsAgent tournaments in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to participate in or access EsportsAgent tournaments under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your participation in or access to EsportsAgent tournaments in such country or region is authorized by U.S. law; and (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo.
8. Intellectual Property:
(a) The EsportsAgent Service and each Website are owned and operated by EsportsAgent. All content, trademarks and other proprietary materials and/or information on the EsportsAgent Service and each Website, including, without limitation, EsportsAgent’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). EsportsAgent (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 EsportsAgent Service and each Website under copyright laws and EsportsAgent owns all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the EsportsAgent Service and each Website as a collective work under copyright laws. EsportsAgent 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 EsportsAgent Service are the proprietary property of EsportsAgent or its subsidiaries or affiliated companies and/or third-party licensors.
(b) EsportsAgent, Esports Agent Inc., the EsportsAgent logos, CODAgent, the CODAgent + EsportsAgent logo, (collectively, the “EsportsAgent Marks”) are the exclusive property of EsportsAgent and are protected by trade dress and trademark laws (intended to file), international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). EsportsAgent hereby expressly reserves all rights, including, without limitation, all trademark rights, in and to the EsportsAgent Marks. All other trademarks appearing on the EsportsAgent Service are the property of EsportsAgent, affiliates of EsportsAgent, or their respective owners. Unless you have agreed otherwise in writing with EsportsAgent, you agree that nothing in this Agreement gives you a right to use any of the EsportsAgent Marks or any of EsportsAgent’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
(c) Unless otherwise expressly stated in writing by EsportsAgent, you are granted a limited, non-exclusive, terminable, non-sublicensable license (i.e. a personal and limited right) to access and use the EsportsAgent Service for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the EsportsAgent Service and/or the Materials by accessing or otherwise using the EsportsAgent Service. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale or commercial use of the EsportsAgent Service or the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the EsportsAgent Service or the Materials, or any portion of them, or in any way exploiting any of the Materials, in whole or in part; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the EsportsAgent Service, the Materials or any information contained in them, except as expressly permitted on the EsportsAgent Service; or (f) any use of the EsportsAgent Service or the Materials except for their intended purposes. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express permission of EsportsAgent 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. Any use of the EsportsAgent Service or the Materials except as specifically authorized in this Agreement, without the prior written permission of EsportsAgent, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in this Agreement, nothing in this Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to you herein may be terminated by EsportsAgent at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by EsportsAgent.
9. Disclaimer of Warranty; Limitation of Liability:
(A) USE OF THE EsportsAgent SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN IS AT YOUR SOLE RISK. NEITHER EsportsAgent, EsportsAgent’s AFFILIATED COMPANIES, EsportsAgent’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 “EsportsAgent PARTIES”) WARRANT THAT THE EsportsAgent 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 EsportsAgent 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 EsportsAgent SERVICE OR ANY PRODUCT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE EsportsAgent 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) EsportsAgent DOES NOT GUARANTEE THAT ANY PARTICULAR EsportsAgent SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT EsportsAgent WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. EsportsAgent 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 OF THE ONLINE SERVICE OVER TIME.
(C) FOR RESIDENTS IN NORTH AMERICA: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EsportsAgent SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE EsportsAgent PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE EsportsAgent SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN. EsportsAgent DOES NOT REPRESENT OR WARRANT THAT THE EsportsAgent SERVICE, ANY PRODUCT OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EsportsAgent OR THROUGH THE EsportsAgent SERVICE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 7, THE TERM “EsportsAgent'' INCLUDES THE “EsportsAgent PARTIES.”
FOR RESIDENTS OUTSIDE NORTH AMERICA: SUBJECT TO THE NEXT SENTENCE, EsportsAgent DOES NOT GUARANTEE THAT ANY EsportsAgent SERVICE WILL BE AVAILABLE OR ERROR-FREE AT ALL TIMES OR AT ANY GIVEN TIME. EsportsAgent WARRANTS THAT THE EsportsAgent SERVICE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL. EsportsAgent MAY CHANGE AND UPDATE EsportsAgent SERVICES WITHOUT NOTICE TO YOU (PROVIDED ALWAYS THAT ANY SUCH CHANGES DO NOT RESULT IN MATERIAL DEGRADATION IN THE FUNCTIONALITY OF THE EsportsAgent SERVICE WHICH HAS BEEN PAID-FOR WITH REAL MONEY). EsportsAgent MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF EsportsAgent 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. EsportsAgent 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 DEGRADATION IN THE FUNCTIONALITY OF ANY EsportsAgent SERVICE THEN YOUR OBLIGATION TO MAKE ANY PAYMENT TO DOWNLOAD, USE OR ACCESS WILL BE SUSPENDED FOR THE DURATION OF SUCH PERIOD. EsportsAgent IS ENTITLED TO MODIFY OR DISCONTINUE ANY EsportsAgent SERVICE WHICH IS PAID-FOR WITH REAL MONEY IN ITS SOLE DISCRETION UPON REASONABLE NOTICE TO YOU. THE WARRANTY FOR SUCH EsportsAgent 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 EsportsAgent, THE EsportsAgent PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE EsportsAgent 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 EsportsAgent SERVICE OR ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN.
(E) IN NO EVENT SHALL ANY AGGREGATE, TOTAL LIABILITY OF THE EsportsAgent PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE EsportsAgent SERVICE OR ANY PRODUCT EXCEED AN AMOUNT EQUAL TO THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE EsportsAgent SERVICE AND/OR ANY PRODUCT AND RETAINED BY EsportsAgent DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100).
(F) FOR RESIDENTS OUTSIDE NORTH AMERICA: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, EsportsAgent’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE EsportsAgent'S LIABILITY TO YOU:
10. Notices: EsportsAgent may provide you with notice by any means, including without limitation via email, postings on the Websites and EsportsAgent Service or changes to this Agreement. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the EsportsAgent Service. All notices to EsportsAgent shall be in writing and shall be sent to Esports Agent Corp. 8 Denison Dr. East, Saddle River, NJ 07458 and shall be effective on actual receipt by EsportsAgent.
11. Indemnification: You agree to defend, indemnify and hold harmless EsportsAgent and the EsportsAgent 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: (a) any violation of this Agreement; (b) any negligent or wrongful conduct; (c) your use, misuse and/or access of the EsportsAgent Service; (d) a violation by you of any applicable law; (e) any content you post, store or otherwise transmit in or through the EsportsAgent 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. EsportsAgent reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EsportsAgent, and you agree to cooperate with EsportsAgent’s defense of these claims, at your sole cost and expense.
12. Termination: You may unsubscribe at any time by sending an unsubscribe request to us at support@esportsagent.gg and we will process your request within a reasonable time after receipt. You may unsubscribe from any prestige subscription membership at any time by going to esportsagent.gg/membership and canceling the auto-renew on your membership. EsportsAgent reserves the right, without limitation, without notice if you are a resident of North America and with reasonable notice elsewhere, and in our sole discretion, to terminate your license to use the EsportsAgent Service and your accounts and passwords to the EsportsAgent Service and to block or prevent your future access to and use of the EsportsAgent Service or your account and passwords, for any reason, including, without limitation, if you are in violation of any provision of the Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement), EsportsAgent is required by applicable law, or EsportsAgent is no longer providing the EsportsAgent Service to users in the country in which you are a resident or from which you use the EsportsAgent Service. The foregoing includes EsportsAgent having the ability to terminate or to suspend your access to any purchased products or services. Your only remedy with respect to any dissatisfaction with (a) the EsportsAgent Service, (b) any term of this Agreement, (c) any policy or practice of EsportsAgent in operating the EsportsAgent Service, or (d) any content or information transmitted through the EsportsAgent Service, is to terminate your account and discontinuing use of the EsportsAgent Service. The introductory paragraphs and Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 16, 17, 18 of this Agreement will survive termination of this Agreement.
13. Expectation of Privacy: Communications made using the EsportsAgent 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. Players who win tournaments may be subject to private PC checks by admins. This goes through no personal information and only looks at names and types of files on the user’s PC. This is essential to the competitive integrity of the site.
14. DRM: 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.
15. Force Majeure: EsportsAgent shall not be liable for any delay or failure to perform resulting from causes outside EsportsAgent's reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond EsportsAgent'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.
16. Risk of Loss: You bear all risk of loss for accessing or completing the download of any EsportsAgent Service and for any loss of any EsportsAgent Service that you have accessed or downloaded, including any loss due to a file corruption or device crash. Any EsportsAgent Service may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific EsportsAgent Service(s) for access or use). EsportsAgent Services may become unavailable due to potential content provider licensing restrictions or other reasons; EsportsAgent will not be liable to you if any EsportsAgent Service is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
17. Miscellaneous: You warrant, represent, acknowledge and agree that you have and understand this Agreement, including, without limitation, the terms and provisions set forth herein. This Agreement (which hereby incorporates by reference any other provisions applicable to use of the EsportsAgent Service, including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Website and any operating rules for the EsportsAgent Service established by EsportsAgent, but excluding the Privacy Policy for residents outside North America) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred and assigned by EsportsAgent without restriction. Any purported transfer or assignment attempted to be made by you in violation of this Agreement shall be void ab initio. The provisions of this Agreement 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 the Agreement, 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 original intentions and economic positions of the parties. The failure by EsportsAgent to partially or fully exercise any rights or the waiver of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by EsportsAgent of any subsequent breach by you of the same or any other term of this Agreement. EsportsAgent’s rights and remedies under this Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit EsportsAgent’s right to exercise any other right or remedy. The section headings used herein are for convenience only and shall not be given any legal import.
18. For residents in North America-- DMCA Notice:
EsportsAgent 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 EsportsAgent 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.
Esports Agent Corp.
8 Denison Drive East
Saddle River, NJ 07458
Attn: Legal
support@esportsagent.gg
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.
19. Payment Partners
EsportsAgent uses two different payment companies to process our sales. Dots Inc. is used to process payments directly for tournaments from the player to EsportsAgent. Players deposit money to their Dots wallet, then that money can be used to purchase tickets to the tournaments hosted on the EsportsAgent website.
For Agent Picks users deposit money via credit or debit card payments only. Payouts are still processed through Dots Inc.
20. Prestige Membership
EsportsAgent reserves the right to terminate, update and/or modify the prestige membership at any time. Notice will be given via our website and through an email to the account a user registered with on esportsagent.gg. This includes price changes, changes to services offered through the membership and additional changes that Esports Agent choose to make to the service.
21. Developers
For the games EsportsAgent operates in, developers and studios are aware of our tournaments and allow them to run. There has been no intervention from developers or game studios to halt any EsportsAgent competitions.
22. Agent Picks Payouts
EsportsAgent reserves the right to hold Agent Picks payouts for up to one week. Users are expected to receive payment within 1 business day of winning, and sometimes sooner. But due to our payments partners and other circumstances, in extreme cases, we reserve the right to hold payments up to 7 business days.
Questions: Should you have any questions regarding this Agreement you may contact us through the Website or e-mail support@esportsagent.gg.
SUPPLEMENTAL TERMS--GERMANY
The following Section supersedes and replaces the corresponding Section above for residents in Germany:
2. Changed Terms: From time to time, EsportsAgent may need to amend this Agreement, for example to reflect or include new products or services, to enhance security for users or because of changes in the law. If EsportsAgent makes such a change to this Agreement we will inform you of the particular changes in advance via e-mail no later than thirty (30) calendar days before such changes come into force and you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt the e-mail notification from us, or (ii) if you use the EsportsAgent Service after the changes have entered into force. In the e-mail notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.
The latest version of this Agreement will always be available on our website, so we recommend that you check for updates to this Agreement each time you use the EsportsAgent Services. Changes to the Agreement shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this Agreement and shall not have retroactive effect.
Once a tournament has started there are absolutely no refunds unless the entire tournament is canceled after start time. A player may request a refund before the tournament has started. Any discrepancy in the start time will be decided by Esports Agent admins.
If a player you lost to is banned for hacking or fft for breaking rules we do not issue refunds. This is because every tournament you enter there is a risk you play an opponent who is hacking. EsportsAgent does not take responsibility for this, however we will do our best to ban any and all hackers.
If any payment from the user to Esports Agent Incorporated is disputed that user is PERMANENTLY banned on the site. We have a zero tolerance policy for disputing payments. Any issues should be communicated to us via our support channels either on Twitter @CallOfDutyAgent or support@esportsagent.gg.
Agent Picks terms of sale. Once a pick is placed, final stats, “do not play”’s, and player winnings are all determined by Agent Picks. If your pick is determined to be statistically correct, you will receive the amount displayed by Agent Picks as long as no glitches or violations of other sections in this TOS were abused.
1. GENERAL
eSports Agent, Inc. ("Company", "we", or "us") values your privacy. We are based in the United States, specifically New Jersey. In this Privacy Policy ("Policy"), we describe how we collect, use, and disclose information that we obtain about users of our website (the "Site"), our esports competition application (App"), and the and related websites, materials, tools, and services that we provide, all of which are referred to as the "Services." By using our Services and laying the App you agree that your information will be handled as described in this Policy. Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, incorporated by reference herein, including its applicable limitations on damages and the resolution of disputes.
2. COLLECTION OF INFORMATION
We collect information directly from you and by automated means as set out below. The type of information that we collect from you depends on your particular interaction with our Services and App, but generally includes the below information.
3. INFORMATION WE COLLECT FROM YOU
A. Account and Registration.
Users may access our App only if they register an Account with us through your Apple ID and Apple Sign In. The personal information shared with us may include your first and last name, email, username, information to confirm your location and/or that you are old enough to use our Services, as well as any information associated with payment processing. We may ask you to submit additional information as part of our prizes. We may also ask you or allow you to submit certain optional information, which may include your updated usernames, preferences, and other profile information.
B. Identification Verification.
We may collect certain personal information, such as first name, last name, shipping address, phone number, and Social Security number, to verify your identity when you deposit or withdraw cash from your account and certain third-party service providers to monitor for fraudulent activity and verify that you can legally participate in competitions and receive prizes.
C. Prizes and Payments.
We collect information to process prize winnings, administer payments, comply with the law (including requiring W9 tax forms when necessary), and maintain records of prizes and payments, which may include your PayPal email, full name, mailing address, Social Security or Taxpayer ID number, and other information necessary to complete a 1099-MISC tax reporting form, and other relevant tax documentation.
D. Feedback.
We collect and maintain records of customer service and other communications with users including survey responses, questions or comments sent to us (including the nature of the nature of the request, name and contact information), resumes provided, or other similar activities. This information may be used to enhance the Services or the App, to market to you or others, and to allow us to make appropriate hiring decisions if submitted for that purpose.
E. Usage Data.
We automatically collect information about your use of our Services and the App through cookies, local storage, analytics tools and other technologies, such as your device ID, location information, device name and model, operating system type, name and version, the length of time that you are using our Services and your activities within our Services ("Usage Data"). We may combine Usage Data with other information that we have collected about you. Please see the section "Analytics and Tracking" below for more information.
F. Interactions and Activities.
We collect information about your activities in the App, such as competitions played, scores, game outcomes, and rankings. We collect your geolocation information for purposes of verifying that you are in state, province, or country where our App and Services are offered, and for our own due diligence and verification purposes.
G. Streaming and Broadcast of Gameplay.
We retain information about and records of your streaming and broadcasting activities related to your gaming as part of competitions or tournaments set up through the App. Additionally, as part of your agreement to the Terms of Service, we may use the footage of your gameplay that you broadcast on Twitch (as part of participating in a competition or tournament), and we may retain such footage, record it, use it, and share it (including on social media) for promotional, marketing, and other purposes associated with our App. If you do not agree to such use, you may not use our App.
H. Chat.
We monitor and store all messages that you send and receive through the App. This includes all message, including those that are sent privately and publicly.
4. USE OF INFORMATION
We use your information, including your personal information, for the following purposes:
A. Providing and Improving Our Services and App.
To provide and maintain our Services and App; to provide troubleshooting; to improve our Services and App; to develop new features, products, or services; to perform technical operations, such as updating software; and for other customer service and support purposes.
B. Marketing and Communications.
To communicate with you about your account and use of our Services via email and push notifications, including to send you product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Please see the Your Choices section for more information about how to change your communications preferences.
C. Research and Analytics.
To better understand how users access and use our Services and play our App, and for other research and analytical purposes, such as to evaluate and improve our services and business operations and to develop additional products, services and features.
D. Protecting Rights and Interests.
To protect the safety, rights, property, or security of our Company, the Services, the App, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that we consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Policy and our Terms of Use.
E. Legal Compliance.
To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
F. General Business Operations.
Where appropriate for the administration of our general business, accounting, recordkeeping and legal functions. As part of our routine business administration, such as employee training, compliance auditing and similar internal activities.
5. DISCLOSURE OF INFORMATION
In general, we may share your information, including personal information, as follows:
A. Users.
User scores, achievements and competition results, as well as username and other user activity within the App may be viewable by other users, such as participation in competitions. Users may also choose to share a game or competition on their personal social media accounts.
B. Service Providers.
We may disclose the information we collect from you to service providers who perform functions on our behalf.
C. Business Transfers.
We may disclose your information to another entity in connection with an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer, including during negotiations related to such transactions.
D. Protecting Rights and Interests.
We may disclose your information to protect the safety, rights, property, or security of our Company, the Services, the App, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity which we, in our sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Policy or Terms of Use.
E. Legal Compliance.
We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.
F. Aggregate and De-Identified Information.
We may share aggregate or de-identified information about users with third parties for research, compliance, or other purposes.
6. ANALYTICS AND TRACKING
To ensure that our Services and App are being used properly and consistent with the Terms of Service, we and our third-party service providers use cookies, local storage objects and other tracking mechanisms designed for mobile apps to track information about your use of our Services and the App. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).
A. Cookies.
Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through the Services for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services and play the App, while others allow us to track your activities in our Services and the App.
B. Local Storage Objects.
We use local storage objects to collect and automatically store information to the local / cached data repository on your mobile device regarding your use of our Services and your preferences, which we use enhance your experience on our Services and the App.
C. Third Party Analytics.
We may use non-affiliated analytics companies (such as Google) to evaluate use of our Services and the App. We use these tools to help us understand use of, and to improve, our Services and the App, performance, ad campaigns, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.
7. EUROPEAN AND CALIFORNIA USERS
If you are a citizen of the European Union ("EU") or the state of California, you may have some or all of the following rights with respect to our processing of your personal data:
A. Updating Your Information.
If you would like to update personal information that you have provided to us, you can do so by accessing your Account and editing your profile.
B. Marketing Communications.
You can opt-out of receiving marketing communications from us by clicking "unsubscribe" in any marketing email communications we send you, or by sending an email to support@esportsagent.gg and explain that you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about any Services you have requested or received from us.
C. Additional Rights for the EEA and Certain Other Territories.
If you reside in certain territories (such as the European Economic Area), you may have the right to exercise certain privacy rights available to you under applicable laws. We will process your request in accordance with the GDPR. We may need to retain certain information for record-keeping purposes, legal purposes, and/or to complete transactions that you began prior to requesting any deletion. You can contact our Data Privacy and Protection office by sending email to support@esportsagent.gg
D. Right Not to Provide Consent or to Withdraw Consent.
We may seek to rely on your consent in order to process certain personal information and to render the Services. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect any actions based on consent before its withdrawal.
E. Right of Access.
You may have the right to access the personal information that we hold about you.
F. Right of Erasure.
In certain circumstances, you may have the right to the erasure of personal information that we hold about you (for example if it is no longer necessary for the purposes for which it was originally collected).
G. Right to Object to Processing.
In certain jurisdictions, you may have the right to request that we stop processing your personal information and/or to stop sending you marketing communications.
H. Right to Correct.
You may have the right to require us to correct any inaccurate or incomplete personal information.
I. Right to Restrict Processing.
You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is not accurate or lawfully held).
J. Exercise of Rights.
If you would like to exercise any of the above rights, please contact us at support@esportsagent.gg so that we may consider your request under applicable law. To protect your privacy and security, we may take steps to verify your identity before complying with the request. You also have the right to lodge a complaint to your local data protection authority at: https://edpb.europa.eu/about-edpb/board/members_en
K. California Privacy Rights.
California Civil Code section 1798.83 requires us to disclose to our California customers, upon request, the identity of any third parties to whom we have disclosed Personal Information within the previous calendar year, along with the type of personal information disclosed, for the third parties direct marketing purposes. Please note that under California law, we are only required to respond to a customer request once during any calendar year. If you are a California resident and would like to make either type of request described above, please contact us at support@esportsagent.gg
8. YOUR CHOICES
We may send periodic informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about any Services you have requested or received from us.
9. MINORS
Our Services and App are for a general adult audience and are not designed for minors under 18, and we do not intentionally collect information on our Services or App from those we actually know are under 18. If we discover that a minor under 18 has provided us with personal information, we will delete such information from our systems.
10. CHANGES TO THIS POLICY
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will attempt to provide you with notice in advance of such change, such as via email or prominent notice within the Services.
11. CONTACT US
If you have questions or concerns about the privacy aspects of our Services, App, or anything else, or would like to make a complaint, please contact us by email at support@esportsagent.gg.
1. All customer support will flow through two primary channels, email and website support. Website support can be found at esportsagent.gg/support. This is best used for existing users who have issues with their wallets, deposits, grading and any other issue in regards to their interaction with the website. Issues regarding account creation or termination can be sent to support@esportsagent.gg.
2. Time for response varies depending on time of day. During our hours listed on the support page, you can expect to receive a response within 10 minutes of sending a message. Support page response after hours varies from 30 minutes to a few hours. Email support can range from a few minutes to 24 hours for a response.
3. We aim to provide the best possible support in order for users to continue to play our website in a fair and easy manner. Any issues specifically with the support team can be escalated to sthorsteinson@esportsagent.gg and you can expect a response within 24 hours to your grievance.