These Terms of Use (the “Terms”) govern your use of all websites, mobile websites, online video services, applications (e.g., iPhone applications, iPad applications, Android applications, etc.) or other online services owned or operated by Estars Studios LLC (“Company,” “we” or “us”), including, without limitation, the websites currently located at www.estarsstudios.com, www.thedigitalderby.com, and www.wsoe.com in connection with the World Showdown of Esports™ (“WSOE”), and any mobile version of the websites (collectively, the “Site”), and any other interactive features, widgets, products and resources offered by the Company and/or its affiliates, distributors or licensees through traditional Internet websites, mobile devices or other platforms, and all other content included within the Site and accessible via any applications (all of which are collectively referred to as the “Services”). By using the Site or Services, you agree to these Terms.
1. ELIGIBILITY
You must be at least 16 years old to use the Site or the Services.
2. USE OF THE SITE AND SERVICES
You are responsible for your use of the Site and Services. Our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Site or Services, you may not, and you hereby undertake that you shall not:
•use the Site or the Services other than for personal, non-commercial purposes;
•copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit any content you access on the Site or the Services, other than as expressly permitted;
•violate any law or regulation;
•violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
•transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
•send unsolicited or unauthorized advertising or commercial communications, such as spam;
•transmit any malicious or unsolicited software;
•stalk, harass, or harm another individual;
•impersonate or misrepresent your affiliation with someone else;
•use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although the Company may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and the Company reserves the right to revoke these exceptions either generally or in specific cases);
•use automated methods to use the Site or Services in a manner that sends more requests to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
•modify, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Site;
•access or view the Site in order to build a similar or competitive website, product or service to the Site or the Services; or
•interfere with or disrupt the Site or Services.
Your experience using the Site and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection.
3. ACCURACY OF DATA
We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Site or Services. The Company is not liable for any loss or damage that might arise from your reliance on any content available on or through the Site or Services.
4. OWNERSHIP
We own or license the content on the Site and Services, including software, text, visual and audio content (“Content”), Company trademarks, trade names, logos, and brand elements (“Estars Studios Marks”) and the trademarks, trade names, logos and brand elements of third party goods and services that may be offered on the Site or through the Services (“Third-Party Marks”). The Content, Estars Studios Marks and Third-Party Marks are protected under U.S. and international laws. Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any Estars Studios Marks, Third-Party Marks, articles or Content from the Site, without obtaining our prior written consent.
Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view and use the Site and Services solely for personal and non-commercial use. The Site and Services are provided to you on a temporary basis and we reserve the right to withdraw or restrict access to all or any part of the Site or Services at any time.
5. FEEDBACK
We always welcome and appreciate your feedback, ideas, and suggestions (“feedback”) about us, the Site, and the Services. You understand and agree that (i) your feedback is not confidential or proprietary, (ii) we may not respond to or implement feedback, (iii) we are not under any obligations to you because of your feedback, and (iv) we may use, disclose, copy, distribute, display, publish, perform, or create any derivative work from your feedback for any purpose, in any manner, and at any time without attribution or compensation to you.
6. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:
•identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
•identification of the claimed infringing material and information reasonably sufficient to permit the Company to locate the material on the Site;
•information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an email address;
•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;
•a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
•your physical or electronic signature.
Please send all of the above enumerated information via mail or email to the following Company copyright agent:
Estars Studios LLC
Attn: Copyright Manager
3993 Howard Hughes Parkway, Suite 450
Las Vegas, Nevada 89169
Phone: (702) 844-6955
info@estars.com
Please do not send notices or inquiries unrelated to alleged copyright infringement to the Company’s designated agent.
7. PRIVACY
We respect your privacy. Our Privacy Policy, located at http://www.estarsstudios.com/privacy-policy explains how we collect, use, and disclose information about you in connection with the Site and the Services. By using the Site or the Services you agree to the Privacy Policy.
By using the Site and Services, you consent to receiving electronic communications from us related to your use of the Site and Services including, but not limited to, announcements regarding changes to these Terms or our Privacy Policy.
8. LINKS
Our Site and Services may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
9. CHANGES AND CORRECTIONS TO THE SITE OR SERVICES
We enhance and update the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. The Company reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We do not guarantee the continued availability of any content or features of the Site or Services.
10. TERMINATION
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates
11. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, DISTRIBUTORS AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES) OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. THE COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, THE COMPANY AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company’s liability will be the minimum permitted under such law.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including feedback or any other content) that you submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you; (c) the violation of these Terms by you; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the Company in such defense.
13. OTHER PROVISIONS
Under no circumstances will the Company be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Nevada and the laws of the United States of America, without giving effect to any conflict of laws rules or provisions.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding, confidential arbitration of such Dispute. The arbitration shall be initiated and conducted in Clark County, Nevada, by a single arbitrator from Judicial Arbitration & Mediation Services, Inc. (“JAMS”). The rules and procedures for JAMS, including JAMS’ Emergency Relief Procedures, shall govern the proceedings, including the selection of the arbitrator. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable additional terms. The arbitrator shall render a single written decision setting forth an award and stating with reasonable detail the reasons for the decision reached. Any award issued as a result of such arbitration shall be final and binding, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. YOU ALSO HEREBY IRREVOCABLY WAIVE ANY CLAIM THAT LAS VEGAS IS AN INCONVENIENT FORUM, OR THAT EITHER PERSONAL OR SUBJECT MATTER JURISDICTION IS LACKING IN LAS VEGAS, NEVADA. The arbitrator shall not have the power to award punitive damages against any party.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of the Company to enforce any right or provision of these Terms will not prevent the Company from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
All of the covenants, releases, terms and rules that you have agreed to pursuant to your registration for an esports event that are contained in any or all of (a) player releases and participation agreements, (b) tournament rules, and/or (c) any other related documents in connection with a given esports tournament (collectively, the “Tournament Agreements”) are hereby made a part of these Terms to the same extent and with the same force as if fully set forth herein. If there are any conflicts between these Terms and any of the Tournament Agreements, the Tournament Agreements shall govern.
14. CHANGES TO THESE TERMS
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms. If the change is a “material change” that requires us to notify you pursuant to applicable law, we will notify you by email to the email address we have on record at least thirty (30) days before the Revision Date. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services.