You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. TOURNAMENTKINGS may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload Content intended or designed to cause harm.
You must be at least thirteen (13) years of age to open an account, participate in free tournaments, or win non-cash prizes offered by the Site. You must be eighteen (18) years of age to participate in paid tournaments and win cash prizes offered by the Site. In jurisdictions, territories, and locations where the minimum age for permissible use of the Site is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Iowa, and Louisiana (the “Excluded States”) are eligible to open an account and participate in tournaments offered by the Site. Legal residents of the Excluded States are eligible to open and maintain accounts on the Site for use only in games that do not offer prizes. Legal residents of Canada are eligible to open an account and participate in tournaments offered by the Site.
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any TOURNAMENTKINGS accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any TOURNAMENTKINGS accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any TOURNAMENTKINGS accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any TOURNAMENTKINGS accounts, computer systems or networks without TOURNAMENTKINGS’s express written permission.
If any deposit is charged back, any winnings generated from TOURNAMENTKINGS tournaments shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. TOURNAMENTKINGS reserves the right to close your account – without notice – in the event a deposit is charged back.
TOURNAMENTKINGS employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public tournaments for cash hosted on the Site; provided, however, Employees and Immediate Family Members are permitted to play in the following tournaments on the Site: TOURNAMENTKINGS-sponsored Private tournaments, Private tournaments for cash, or Private tournaments for prizes other than cash. A “Private tournament” is one that is not listed in the Site’s public domain, and is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating. Employees and relatives living in the same household are prevented from competing in any video game tournaments offered by any video game tournament operator in which the operator offers a cash prize.
Professional esport athletes, sports agents, coaches, team owners, team employees, referees or league officials and their immediate family members are not eligible to participate in, and are strictly prohibited from entering, any TOURNAMENTKINGS tournaments in the video game in which they are associated. In the event TOURNAMENTKINGS learns of a violation of this section of the Agreement, any of your winnings generated from TOURNAMENTKINGS tournaments shall be invalidated, forfeited and deducted from your Account balance and your initial deposit will be invalidated, forfeited and deducted from your Account balance.
Users will be able to visit the Site and view the games available for entry (the "tournaments"). Each individual tournament that is not free to enter has an entry fee listed in U.S. dollars. When you select to participate in a tournament and complete the entry process, the listed amount of U.S. dollars will be debited from your TOURNAMENTKINGS account.
Deposits made on our site will appear on your statement as TOURNAMENTKINGS. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
Customers depositing funds using a credit card in some states may see a charge on their credit card statement labeled “international transaction fee” or similar description. The company processing credit card payments for TOURNAMENTKINGS in certain states may operate outside the United States and may impose fees for international transactions.
If you are charged an international transaction fee to deposit funds into your TOURNAMENTKINGS account, you may contact TOURNAMENTKINGS at support@TOURNAMENTKINGS.com and request a full reimbursement of the international transaction fee. To process your reimbursement request, TOURNAMENTKINGS will need the following information: (i) original transaction date and amount deposited; (ii) the amount(s) of the fee(s) assessed on such deposited amount; (iii) date(s) such fee(s) was/were assessed; and (iv) a copy of your credit card statement showing such fee(s). TOURNAMENTKINGS reserves the right to request additional information to process your request. TOURNAMENTKINGS will review your submission and if TOURNAMENTKINGS determines that you have been charged the international transaction fee as a result of depositing funds into your TOURNAMENTKINGS account, TOURNAMENTKINGS will credit such amount back to your Account.
CONDITIONS OF PARTICIPATION
By entering a tournament, entrants agree to be bound by these Agreements and the decisions of TOURNAMENTKINGS, which shall be final and binding in all respects. TOURNAMENTKINGS, at its sole discretion, may disqualify any entrant from a tournament, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information TOURNAMENTKINGS deems to be improper, unfair or otherwise adverse to the operation of the tournament or is in any way detrimental to other entrants. These Terms prohibit entering a tournament if the entrant is:
- Except as otherwise stated in the Eligibility section above, an Employee of TOURNAMENTKINGS or an immediate family member of such employee;
- An employee or operator of any daily video game site including any that charges entrance fees or offers prizes, and any immediate family member of any such person;
- Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants of a tournament and that provides the entrant an advantage in such a tournament, including any information from any daily video game sport site or information from a video game publisher or governing body (e.g., pre-release injury information) (“Pre-Release Data”);
- An employee of a sponsor, consultant, or supplier of TOURNAMENTKINGS or any other daily video game sports tournament provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant’s participation in a tournament;
- An employee, operator or consultant to a video game publisher or governing body where such employee, operator or consultant is prohibited from participating in applicable tournaments by such governing body;
- Breaches any rules or policies of the entrant’s employer, of any esports governing body, or any other professional body of which the entrant is a member, including any rule or policy regarding participation in tournaments or accepting prize money;
- Any person prohibited from participating pursuant to court order;
- Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a tournament from any person who is prohibited from entering a tournament as provided in these Terms.
In addition, conduct that would be deemed improper also includes, but is not limited to:
- Falsifying personal information required to enter a tournament or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a tournament or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Using a single Account to participate in a tournament on behalf of multiple entrants or otherwise collaborating with others to participate in any tournament;
- Using automated means (including but not limited to scripts and third-party tools) to interact with the Site in any way (this includes, but is not limited to: creating a tournament, entering a tournament, withdrawing from a tournament, etc.);
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Site or of any user for any purpose.
- Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
- Tampering with the administration of a tournament or trying to in any way tamper with the computer programs or any security measure associated with a tournament;
- Using any bots or programs that provide an unnatural advantage for game play.
- Obtaining other entrants information and spamming other entrants; or
- Abusing the Site in any way.
ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY TOURNAMENT IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TOURNAMENTKINGS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent TOURNAMENTKINGS from pursuing criminal or civil proceedings in connection with such conduct.
TOURNAMENTKINGS may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
Before making any payment, TOURNAMENTKINGS may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a tournament, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If TOURNAMENTKINGS requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or TOURNAMENTKINGS otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, TOURNAMENTKINGS reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, TOURNAMENTKINGS may pay out any withheld or revoked prizes to the other entrants in the relevant tournament in a manner consistent with the Rules of the tournament.
If you are an entrant residing in Missouri, you can withdraw the funds maintained in your individual account, whether such account is open or closed, within five (5) business days of the request being made, unless TOURNAMENTKINGS believes in good faith that the you engaged in either fraudulent conduct or other conduct that would put TOURNAMENTKINGS in violation of state or Federal law, in which case TOURNAMENTKINGS may decline to honor the request for withdrawal for a reasonable investigatory period until its investigation is resolved if it provides notice of the nature of the investigation to you. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by TOURNAMENTKINGS but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.
All entries become the property of TOURNAMENTKINGS and will not be acknowledged or returned.
TOURNAMENTKINGS is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a tournament), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a tournament; inability to access the Site, or any web pages that are part of or related to the Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or Site or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any tournament or the Site. Winners agree that from the date of notification by TOURNAMENTKINGS of their status as a potential winner and continuing until such time when TOURNAMENTKINGS informs them that they no longer need to do so that they will make themselves available to TOURNAMENTKINGS for publicity, advertising, and promotion activities.
TOURNAMENTKINGS reserves the right to move entrants from the tournaments they have entered to substantially similar tournaments in certain situations determined by TOURNAMENTKINGS in its sole discretion.
ELIGIBILITY FOR TOURNAMENT PRIZES AND PROMOTIONS
To be eligible to enter any tournament or receive any prize, the Authorized Account Holder may be required to provide TOURNAMENTKINGS with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, TOURNAMENTKINGS will, in its sole and absolute discretion, utilize certain information collected by TOURNAMENTKINGS to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Guaranteed prizes are offered in connection with some of the tournaments offered by the Site. Each tournament or promotion is governed by its own set of official rules. We encourage you to read such tournament and promotions rules before participating.
TOURNAMENTS OF SKILL
Tournaments offered on the Site are tournaments of skill. Winners are determined by the objective criteria described in the tournament deadline, roster, rules, scoring, and any other applicable documentation associated with the tournament. From all entries received for each tournament, winners are determined by the individuals who use their skill and knowledge of relevant sports information and video game sports rules to accumulate the most points according to the corresponding scoring rules. The Site and tournaments may not be used for any form of illicit gambling.
TOURNAMENT STATISTICS AND LIVE SCORING
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the TOURNAMENTKINGS Site and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our tournaments. While TOURNAMENTKINGS and the third parties used to provide the TOURNAMENTKINGS Services use reasonable efforts to include accurate and up-to-date information, neither TOURNAMENTKINGS nor its third party providers warrant or make any representations of any kind with respect to the information provided through the TOURNAMENTKINGS Site and related information sources. TOURNAMENTKINGS and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the TOURNAMENTKINGS Site and related information sources, and shall not be responsible or liable for any error or omissions in that information.
Tournament results and prize calculations are based on the final statistics and scoring results at the completion of the last video game match of each individual tournament. Once tournament results are reviewed and graded, prizes are awarded. The scoring results of a tournament will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in TOURNAMENTKINGS' sole discretion.
TOURNAMENTKINGS reserves the right, in its sole and absolute discretion, to deny any tournamentant the ability to participate in head-to-head tournaments for any reason whatsoever. Further, TOURNAMENTKINGS may, in its sole and absolute discretion, invalidate any head-to-head tournament result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
At the conclusion of each tournament, prizes will be awarded by 12:00 NOON EST on the Site on the following day except in circumstances where technical failure, inability of TOURNAMENTKINGS to verify your compliance with these Terms, or other reasons prevent such timely payout. Tournament prizes are ordinarily listed on a prize table list accessible on the Site. Prizes won are added to the winning participants’ account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied. All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of tournaments is challenged by any legal authority, TOURNAMENTKINGS reserves the right in its sole discretion to determine whether or not to award such prizes. No substitution or transfer of prize is permitted, except that TOURNAMENTKINGS reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose). Any withdrawal requests, after approved by TOURNAMENTKINGS, will be credited back to the same credit card or method of payment used to deposit funds on the Site. TOURNAMENTKINGS will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).
Tournament prize payouts may be created from time to time and published on the Site. TOURNAMENTKINGS reserves the right, in its sole discretion, to cancel or suspend the tournaments (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the tournament (or any portion thereof) warrant doing so. Notification of such changes may be provided by TOURNAMENTKINGS but will not be required.
TERMINATION AND EFFECT OF TERMINATION
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE SITE, ANY OF THE SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TOURNAMENTKINGS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE CONTENT. FURTHER, TOURNAMENTKINGS AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
TOURNAMENTKINGS, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TOURNAMENTKINGS LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY SITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
The Content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to TOURNAMENTKINGS, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TOURNAMENTKINGS reserves all rights not expressly granted in and to the Site and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to TOURNAMENTKINGS, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of TOURNAMENTKINGS, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to TOURNAMENTKINGS, may result in account suspension or termination.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to TOURNAMENTKINGS the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
TOURNAMENTKINGS, ITS SERVICE MARKS, DESIGN MARKS AND OTHER TRADEMARKS CONTAINED ON THE SITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF TOURNAMENTKINGS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE SITE.
ARBITRATION, CONSENT TO JURISDICTION IN COLORADO, ATTORNEY’S FEES
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Site (including all commercial transactions conducted through the Site) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and TOURNAMENTKINGS waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Denver County, Colorado, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Colorado, provided that:
The arbitrator shall not have authority to award punitive damages; and
Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and TOURNAMENTKINGS agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Denver County, Colorado (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and TOURNAMENTKINGS waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with TOURNAMENTKINGS or in any way affiliated or associated with the tournaments.
Third-party online publishers that refer users to the TOURNAMENTKINGS Site shall not be responsible or liable for the TOURNAMENTKINGS Site or any of the Content, software, or functions made available on, or accessed through, or sent from, the TOURNAMENTKINGS Site.
RESERVATION OF RIGHTS
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of TOURNAMENTKINGS or a third-party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and TOURNAMENTKINGS reserves the right to terminate the permissions granted to you in these Agreements and/or your use of the Content at any time.