LAST MODIFIED: February 8, 2022
1.1 Binding Agreement.
If you are a child (under the age of 18), please review this Agreement with a parent. If you are a parent, please supervise your children’s use of the Services and discuss the rules provided below with them.
1.2 NOTICE OF BINDING ARBITRATION; WAIVER OF CLASS ACTION.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WHICH PROVIDES THAT YOU AND VELOCITY ESPORTS WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU OPT OUT THROUGH THE MECHANISM PROVIDED IN THESE TERMS OR ARE IN A PROVINCE, STATE, OR COUNTRY IN WHICH THE COURTS OR APPLICABLE LAW WILL NOT PERMIT YOU TO CONSENT TO BINDING ARBITRATION. THIS MEANS THAT, IN THE EVENT OF A DISPUTE WITH VELOCITY ESPORTS, YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY, UNLESS AN EXCEPTION APPLIES TO YOU. ADDITIONALLY, YOU ALSO WAIVE YOUR
RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST VELOCITY ESPORTS. PLEASE CAREFULLY READ THIS AGREEMENT.
1.3 Changes to the Terms.
We reserve the right in our sole discretion to modify the terms of this Agreement at any time by posting the amended version on our Website. Such modification will become effective 24 hours after posting. Your continued use of the Services after such 24 hour notice period confirms your consent to and acceptance of such modification. The most current version of this Agreement will govern your use of the Services, including, without limitation, any content made available via the Services. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party. If you do not agree with changes to this Agreement, you must cease using the Services.
2. Use of the Velocity Esports Services
The Services allow Users to register for Velocity Esports Accounts (as defined below) to use the Services, including to participate in Esports Competitions (as defined below). You must be at least 13 years of age to create a Velocity Esports Account and use the Services, and you must use the Services only in compliance with this Agreement and all applicable laws, rules, and regulations within your jurisdiction. Any use of or access to the Services by anyone under thirteen (13) years of age is strictly prohibited and in violation of this Agreement. The Services are not available to any Users previously removed from the Services by Velocity Esports.
2.2 Use by Minors.
If you are a User over thirteen (13) years of age but under eighteen (18) years of age (a “Minor”), you may only use or access the Services with the consent of, and under the supervision of, an individual who has the capacity to form a binding contract and who has parental responsibility over you, whether as a parent, guardian or otherwise (a “Parent”), and only with your Parent’s consent to this Agreement. If you are a Parent, you represent and warrant, by you or your Minor downloading, accessing, or otherwise using the Services, that you: (i) have read and agree to the terms and conditions of this Agreement on yours and your Minor’s behalf; and (ii) that you give your consent to your Minor’s use of the Services. Any access or use of the Services by a Minor without the consent and supervision of their Parent is strictly prohibited and in violation of this
Agreement. If you are a Minor using the Services, then “you” as used herein (unless context requires otherwise) includes both you and your Parent.
2.3 Limited License.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by this Agreement and the features of the Services. Velocity Esports reserves all rights not expressly granted herein in the Services and the Velocity Esports Content (as defined below). Velocity Esports may terminate this license at any time for any reason.
2.4 Changes to the Services.
We may, without prior notice and without liability to you: (i) change the Services; (ii) stop providing the Services or features of the Services, to you or to Users generally; or (iii) create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any or no reason, including, if in our sole discretion, we determine that you have violated any provision of this Agreement. Upon termination for any reason, you continue to be bound by this Agreement.
2.5 Disputes with Other Users.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Velocity Esports shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2.6 Services Location.
The Services are controlled and operated from facilities in the United States. Velocity Esports makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
From time to time, Velocity Esports may provide you with hardware products and equipment to use in connection with the Services (“Equipment”). Equipment is licensed (not sold) to you by Velocity Esports only for your use in connection with the Services. You may not claim title to, or an ownership interest in, any Equipment, and you agree to execute any and all documentation reasonably requested by Velocity Esports in connection with your receipt and use of the Equipment. As between the parties, Velocity Esports retains sole ownership of the Equipment, and no rights are granted to you other than a license to use the Equipment as set forth herein. Your use
of the Equipment is subject to any and all additional terms and conditions, including from any third-party manufacturer of such Equipment, provided to you from time to time in writing. All Equipment is provided “as is”. Promptly upon Velocity Esports’ request, you agree to return the Equipment to Velocity Esports via the method and means made available to you by Velocity Esports for such return. You bear the entire risk of loss and damage related to the Equipment from any cause whatsoever, whether or not insured against, until the Equipment is returned to and received by Velocity Esports.
3. Velocity Esports Accounts
To access and use the Services, including to participate in Esports Competitions (as defined below), you must register for an account on the Services (“Velocity Esports Account”). When creating your Velocity Esports Account, you must provide accurate and complete information, and you must keep this information up to date – any failure to do so may result in the termination of your Velocity Esports Account. To the extent permissible by applicable law, Velocity Esports reserves the right to accept or deny any Users’ registration for a Velocity Esports Account for any reason.
In order to create and maintain a Velocity Esports Account, you must provide, at a minimum, the following information: Username/GamerTag, secure password, email, phone number, date of birth and state and country of residence. For children, parents or legal guardians will be required to provide verifiable parental/legal guardian consent at account creation, as well as the parent/legal guardian’s name, address, email and relationship to the child. Velocity Esports may, in its sole discretion, with or without notice, terminate your Velocity Esports Account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) if it has not received verifiable parental consent and it believes that you are under the age of 13.
Velocity Esports may request additional information from you from time to time. For example, if you win an Esports Competition (as defined below) that includes prize money of more than $600, we will require you to provide a W-9 form and complete mailing address.
You may never use another User’s Velocity Esports Account without the account holder’s express permission. You are solely responsible for the activity that occurs on your Velocity Esports Account, and you must keep your Velocity Esports Account password secure. You must notify Velocity Esports immediately of any breach of security or unauthorized use of your Velocity Esports Account. Velocity Esports will not be liable for any losses caused by any unauthorized use of your Velocity Esports Account.
By providing Velocity Esports your email address, you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages or want to otherwise amend or control your Velocity Esports Account, you may email us at firstname.lastname@example.org or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates,
improvements, or offers; however, opting out will not prevent you from receiving Services-related notices.
4. Esports Competitions
You must have an active Velocity Esports Account to participate in Esports Competitions. Esports Competitions may be held either online through the Services or on-site at Velocity Esports centers. Esports Competitions may be streamed live on Twitch.tv or other streaming platform. Esports Competitions may also be re-produced on YouTube, Facebook Live or other streaming platform, as well as on the Website, after the competition is completed.
4.2 Points and Rankings.
Users will be able to earn points by competing in Esports Competitions depending on how they place in the competitions. These points will contribute to a ranking for the User. There will rankings for each game, as well as an overall ranking across all games for the calendar year. Points and rankings may be reset in Velocity Esports’ sole discretion (for example, at the end of a league’s season).
We further reserve the right to modify the points and ranking systems in our sole discretion, with or without notice to you.
Through the Services, you will be able to participate in esports competitions (“Esports Competitions”). These Esports Competitions, may include, but are not limited to, individual competitions, tournaments and competitive leagues involving titles such as Rocket League, Tekken, and Knockout City. Not all Esports Competitions will be open to all Users. Any given Esports Competition may be limited to Users who meet certain eligibility requirements. For example, some Esports Competitions may be limited to specific age groups, specific geographic locations or other criteria determined in our sole discretion. Eligibility for Esports Competitions may also be limited based on User ranking. Such eligibility criteria will be specified during the registration process for each Esports Competition. We reserve the right to set eligibility requirements for Esports Competitions in our sole discretion.
4.4 Prize Money.
Prize money may be awarded following Esports Competitions, as determined by Velocity Esports in its sole discretion. We may report and withhold any amount from your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to you are your sole liability. Payments of winnings will be made as soon as reasonably possible, but, in no event, no later than thirty (30) days from the date of the Esports Competition in which the winnings are earned. Your acceptance of this Agreement serves as acknowledgement that the Form
1099-Misc may be issued by us by January 31 following the year of the receipt of a prize consisting of cash or merchandise for which a twelve (12)-month accumulated value of six hundred US dollars ($600) or more won by using the Services, which are subject to the IRS regulations.
5.1 Esports Competition Rules.
Any Users participating in the Esports Competitions must adhere to the competition rules and code of conduct currently available at www.velocityesports.com/competition_rules, and as may be updated by Velocity Esports from time to time in its sole discretion. Specific Esports Competitions may also have their own set of rules, which Users also must be adhered to. Failure to adhere to Esports Competition rules and code of conduct may lead to disqualification from or forfeiture of Esports Competitions or possible suspension or cancellation of the offending User’s Velocity Esports Account, as determined in our sole discretion.
5.2 Velocity Esports Services Rules.
You must adhere to any and all Services rules we make available and update in our sole discretion from time to time on or via our Website. In addition, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Velocity Esports servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Velocity Esports grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. Additionally, you are expressly prohibited from accessing any audiovisual content that may be available on the Services for any purpose or in any manner other than as explicitly permitted by the functionality of the Services.
6. User Content
6.1 User Content.
Aspects of the Services may allow Users to post and exchange information and content (such information and content, “User Content”), such as images, text, audio, and video, but Velocity Esports does not screen, edit or review any User Content before it is posted or transmitted. You retain the copyright and any other rights you already hold in User Content. By Submitting User Content when using the Services, you grant Velocity Esports a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) license to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, publish, sublicense, create derivative works from, and distribute your User Content, subject to this Agreement, without any notice or compensation to you or any other person (the “User Content License”). You confirm, represent, and warrant to Velocity Esports that you have all the rights, power, and authority necessary to grant the User Content License and that any User Content you submit to us or otherwise post when using the Services is and shall be your own original work or work which you are authorized to supply to us. When you post any User Content when using the Services, and you are the author of such User Content, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such User Content. Please note that posted or transmitted User Content does not necessarily reflect the views of Velocity Esports, and Velocity Esports disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance through the Services.
You understand that all User Content, whether publicly posted or privately transmitted when posting, sharing, displaying, sending or submitting material using the Services, is the sole responsibility of the person from whom it originated. This means that you, and not Velocity Esports, are entirely responsible: (i) for all User Content that you upload, post, email, transmit, or otherwise make available via the Services; and (ii) for ensuring that all User Content is accurate, lawful, and does not include misleading information or infringe or violate anyone’s rights. Velocity Esports does not control the User Content posted via the Services and, therefore, does not guarantee the accuracy, integrity, or quality of any User Content. YOU THEREFORE AGREE THAT YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS VELOCITY ESPORTS FOR ANY INACCURACIES OR FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT, OR FOR ANY LOSS, INJURY OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON ANY USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
6.3 Removal of Content.
You acknowledge that Velocity Esports does not pre-screen, monitor, or modify User Content, but that Velocity Esports has the right (but not the obligation) to refuse, remove, modify, or delete any User Content that is available via the Services that violates this Agreement, or is otherwise objectionable, as determined in our sole discretion. You acknowledge and expressly consent to Velocity Esports accessing, preserving, and disclosing your Velocity Esports Account information and User Content if required to do so by law or, if in good faith, Velocity Esports believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of Velocity Esports or its affiliates, staff, users, or the public.
6.4 Ownership of Derivative Content.
Velocity Esports owns all data, information, materials, works, and content derived or created from User Content (“Derivative Content”).
We value your use of the Services and welcome any questions, comments or feedback you might have about the Services, this Agreement, the Esports Competitions or any other products or services offered by Velocity Esports (“Feedback”). Please refer to the Contact section of the Website for contact details. That said, any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality, nor shall we be liable for any use and/or disclosure of such submissions. You agree we are free to use your Unwanted Submissions as we see fit without any liability owed to you.
6.6 License to Feedback and Submissions.
If you provide Feedback or Unwanted Submissions, you grant Velocity Esports a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant Velocity Esports the right to use the name you submit with the User Content or Feedback, if any, in connection with Velocity Esports’ rights hereunder.
6.7 Third-Party Rights Warranty.
You represent, warrant, and covenant to Velocity Esports that your User Content, Feedback, and Unwanted Submissions do not violate the privacy rights, intellectual property rights, or any other rights, of any person.
7. Our Proprietary Rights
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Velocity Esports Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Velocity Esports and its licensors (including other Users who post User
Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Velocity Esports Content. Use of the Velocity Esports Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The Services contain data, information, and other content not owned by you, such as reputational or status indicators, in-world currency, and/or fictional property representing virtual achievements (for instance, trophies or powers) (“Velocity Esports Property”). You understand and agree that regardless of terminology used, Velocity Esports Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Velocity Esports’ sole discretion. Velocity Esports Property is not redeemable for any sum of money or monetary value from Velocity Esports at any time. You acknowledge that you do not own the Velocity Esports Account you use to access the Services, nor do you possess any rights of access or rights to data representing or embodying any or all of the Velocity Esports Property. You agree that Velocity Esports has the absolute right to manage, regulate, control, modify and/or eliminate Velocity Esports Property as it sees fit in its sole discretion, in any general or specific case, and that Velocity Esports will have no liability to you based on its exercise of such right. All data on Velocity Esports’ servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, Velocity Esports Account history and Velocity Esports Account content residing on Velocity Esports’ servers may be deleted, altered, moved or transferred at any time for any reason in Velocity Esports’ sole discretion, with or without notice and with no liability of any kind. Velocity Esports does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Velocity Esports’ servers.
8. Grant of Rights
8.1 Media Rights.
Esports Competitions may be streamed live on Twitch.tv or other streaming platform. Esports Competitions may also be re-produced on YouTube, Facebook Live or other streaming platform, as well as on the Website, after the competition is completed.
You hereby grant to Velocity Esports, its affiliates, assignees, transferees and/or licensees, the royalty-free, exclusive, perpetual, worldwide license to use, distribute, transmit, display, exhibit, license, advertise, duplicate, promote, perform, publish, reproduce, adapt, modify, edit, reuse, create derivative works, republish, redistribute or otherwise exploit, advertise, or promote (collectively, to “Produce” or “Production”) the video and/or audio signal of the Esports Competitions over any means, in any form, format or media now known or later developed or created in the future, including, but not limited to, television, cable, radio or over the internet, phone based services, and other digital based services, all without inspection or further consent or approval by you. In addition, you hereby grant to Velocity Esports, its affiliates, assignees, transferees and/or licensees, the royalty-free, non-exclusive, perpetual, worldwide license to use your name, GamerTag, voice, likeness, and/or description in connection with any Production of the Esports Competitions as permitted hereunder. The foregoing shall include, without limitation,
- a. the distribution, performance, display, reproduction, transmission, retransmission or other use of the Works, on a real-time, delayed or archived basis over or on any medium now known or hereafter developed; and
- b. the creation of derivative works of the Works (“Derivative Works”) and the distribution, performance, display, reproduction, transmission, retransmission or other use of the Derivative Works, on a real-time, delayed or archived basis, over or on any medium now known or hereafter developed.
the right to: (i) Produce portions of the Esports Competition (“Clips”); and (ii) Produce the Esports Competitions, from time to time, as filler programming (that is, in less than its entirety).
Notwithstanding any other provision of this Agreement, Velocity Esports shall, both during and following the Term hereof, own all worldwide copyright and other rights, title and interests in any Production of the Esports Competitions (including, without limitation, excerpts thereof), all feeds recorded in connection with the production of such broadcasts, and all other accounts and descriptions of, and other information concerning, Esports Competitions (such broadcasts, excerpts, feeds, accounts, descriptions and other information that are created, produced, distributed or recorded hereunder are collectively referred to herein as the “Works”). Without limiting the generality of the foregoing, Velocity Esports shall own: (i) all rights under the U.S. Copyright Act and Communications Act, the Canadian Copyright Act, state law, and copyright and other laws of other jurisdictions, now or hereafter in effect, with respect to any of the Works, and (ii) the right to receive all royalties or any other amounts paid under copyright or other laws of the United States, Canada and other jurisdictions with respect to the retransmission of the Works.
During and following the Term hereof, Velocity Esports shall have the exclusive, unrestricted and unencumbered right, except as specifically provided in this Agreement, to use and reuse or to assign, license, sell or otherwise exploit, worldwide, in whatever medium and for whatever purpose it chooses, the copyright and other rights, title and interests in the Works. During and following the Term, User shall have no right, title or interest in the Works or the Derivative Works (as defined herein), except as specifically provided in this Agreement, to do and to authorize, and to transfer to any person or entity the rights to do and to authorize:
User shall not contest the validity of Velocity Esports’ ownership of the copyrights or other proprietary rights in the Work(s), nor Velocity Esports’ rights in them. User shall not commit or permit any act or omission by User that may impair Velocity Esports’ copyrights or other proprietary rights in the Works. User shall use commercially reasonable efforts to prevent any person from infringing Velocity Esports’ copyright and other rights in the Works.
User agrees to immediately notify Velocity Esports of any acts of copyright infringement or any other acts in violation of Velocity Esports’ rights in Works of which it becomes aware.
As requested by Velocity Esports and at Velocity Esports’ expense, User shall use commercially reasonable efforts to cooperate with Velocity Esports in the civil or criminal prosecution of any such violations of Velocity Esports’ rights. Velocity Esports shall have the sole right to determine whether or not legal action shall be taken against any such violation and to commence any such action. User shall have neither the right nor the obligation to commence any such legal action;
provided, however, that nothing herein is intended to prevent User from instituting legal action with respect to any violation of any of User’s rights.
8.2 Other Rights
By accepting this Agreement, you also hereby consent to Velocity Esports taking photographs and visual and audio recordings of you during your participation in Esports Competitions and grant Velocity Esports the non-exclusive, worldwide license to use such photographs and recordings of you in marketing materials for Velocity Esports and the Services and any other legal business purposes which Velocity Esports deems appropriate in its sole discretion.
User understands and agrees that the rights granted pursuant to this Section include the right to use, and grant third parties the right to use any depictions of you under this Section to market, promote or endorse the Services and Esports Competitions.
9. Paid Services
9.1 General Payment Policies.
Certain aspects of the Services may be made available (a) at no charge, (b) for a one-time fee (such as to participate in an individual tournament or match), or (c) for a recurring fee on a subscription basis (“Subscription Services”). Pricing for the Services shall be set by Velocity Esports in its sole discretion, and my change at any time for any reason. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion.
If you enroll in any Subscription Services, you agree to a recurring payment program, which will continue for the agreed-upon subscription period and automatically renew for additional subsequent periods, unless and until you cancel the Subscription Services or we suspend, discontinue, or terminate them.
You acknowledge that the amount billed may vary due to promotional offers, changes in your Subscription Services plan and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees. Any discounts provided are applicable only to the then-current term of the Subscription Services, unless otherwise expressly agreed by the parties in writing, and will not be applied to any renewal term. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. We reserve the right in our sole discretion to suspend or terminate your Subscription Services if you fail to make any payments when due.
9.2 Subscription Services Enrollments.
If you enroll in any Subscription Services, you must provide Velocity Esports with a current, valid, accepted method of payment (as updated from time to time, “Payment Method”). We will automatically charge your Payment Method on a recurring basis (depending on the subscription period you choose). Day one of your billing cycle is tied to the date you activate your Subscription Services by pairing them to your Velocity Esports Account. You hereby authorize Velocity Esports to charge the subscription fee to your Payment Method, along with any applicable taxes or additional fees due during the billing period. You must cancel your subscription prior to the end of the then-current subscription period in order to avoid charging of the next subscription period’s subscription fees to your Payment Method. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred.
WHEN YOU PURCHASE SUBSCRIPTION SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) VELOCITY ESPORTS (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SUBSCRIPTION SERVICES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION SERVICES CONTINUE, (B) THE AMOUNT YOU ARE CHARGED AND THE SUBSCRIPTION SERVICES YOU RECEIVE VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR SUBSCRIPTION SERVICES ARE CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SUBSCRIPTION SERVICES IN ACCORDANCE WITH THESE TERMS.
9.3 Cancellations; Refunds.
You may cancel Subscription Services at any time during a subscription period; however, there are no refunds for cancellation for the then-current subscription period. To cancel, email us at email@example.com. You may notify us of your intent to cancel at any time, but the cancellation will become effective only at the end of your current billing period. You will not receive a refund for the then-current subscription period. You will continue to have the same access and benefits of your product for the remainder of the current subscription period.
In the event that Velocity Esports suspends or terminates your Velocity Esports Account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund for any unused portion of the then-current subscription period or subscription fees for any portion of the Services, or any content or data associated with your account, or for anything else.
10. Privacy and Security
We care about the privacy of our Users. You understand that by using the Services, you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data and to having your personally identifiable information collected, used, transferred to and processed in the United States, as set forth in the most recent version of our www.velocityesports.com/privacy, which is incorporated in its entirety by reference herein.
Velocity Esports uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. Further, we cannot guarantee that our security measures can prevent internal security breaches. You acknowledge that you provide your personal information at your own risk and agree to hold harmless Velocity Esports for any damages arising from any security breaches and unauthorized uses of your personal information.
11. DMCA Notice
Since we respect artist and content owner rights, it is Velocity Esports’ policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Velocity Esports’ copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Velocity Esports to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Velocity Esports, Inc.
3838 North Kenneth Avenue
Chicago, IL 60641
Telephone: (224) 369-4362
Under U.S. federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Velocity Esports and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Velocity Esports’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Velocity Esports has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Velocity Esports may also in its sole discretion limit access to the Services and/or terminate the Velocity Esports Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Third-Party Materials and Services
Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Velocity Esports shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
13. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
13.1 DISCLAIMER OF WARRANTIES.
YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VELOCITY ESPORTS HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE SERVICES. WITHOUT LIMITING THE FORGOING, THE SERVICES ARE PROVIDED WITHOUT STATUTORY, IMPLIED, OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT ERRORS, INTERRUPTION, OR DOWNTIME.
13.2 LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VELOCITY ESPORTS OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURERS, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, LOST PROFITS, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF VELOCITY ESPORTS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR GREATER CERTAINTY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VELOCITY ESPORTS AND ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES OR REMEDIES WHICH RESULT FROM:
a) YOUR USE OF OR RELIANCE ON THE SERVICES;
b) YOUR PROVIDING US FALSE INFORMATION WHEN CREATING A VELOCITY ESPORTS ACCOUNT OR USING THE SERVICES;
c) YOUR PARTICIPATION IN ESPORTS COMPETITIONS;
d) YOUR INABILITY TO ACCESS OR USE THE SERVICES DUE TO ANY CAUSE;
e) YOUR RELIANCE ON CONTENT, THIRD-PARTY CONTENT, OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES;
f) THE ACTS OR OMISSIONS OF ANY OTHER USERS OR THIRD PARTIES;
g) ANY ACT YOU MAKE OR FAIL TO MAKE AS A RESULT OF YOUR USE OF THE SERVICES;
h) ANY LOSS, DAMAGE OR MISAPPROPRIATION OF USER PERSONAL INFORMATION, USER CONTENT OR OTHER DATA;
i) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER USERS OR THIRD PARTIES; and
j) ANY OTHER MATTER RELATING TO THE SERVICES.
13.3 Security Breach.
Velocity Esports strives to keep your personal information, User Content, and Velocity Esports Account safe from security breaches; however, we cannot guarantee the safety or security of your personal information, User Content, or Velocity Esports Account. BY USING THE SERVICES, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE AND HOLD HARMLESS VELOCITY ESPORTS AND ITS REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH, FAILURE, OR SHORTCOMING OF THE SERVICES. If you believe that a security breach is occurring, or will occur, you must notify us immediately by emailing us at firstname.lastname@example.org.
13.4 GENERAL INDEMNIFICATION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VELOCITY ESPORTS AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, SUITS, DISPUTES, DEMANDS, THREATS, ACTIONS, OBLIGATIONS, LIABILITIES, COSTS (INCLUDING LEGAL AND ACCOUNTING FEES), DAMAGES, LOSSES, PENALTIES, FEES, EXPENSES AND INJURIES ARISING OR RESULTING FROM:
a) YOUR USE OF OR RELIANCE ON THE SERVICES;
b) YOUR PROVIDING US FALSE INFORMATION WHEN CREATING A VELOCITY ESPORTS ACCOUNT OR USING THE SERVICES;
c) YOUR PARTICIPATION IN ESPORTS COMPETITIONS;
d) YOUR BREACH OF THIS AGREEMENT;
e) ANY ACT YOU MAKE OR FAIL TO MAKE AS A RESULT OF YOUR USE OF THE SERVICES;
f) ANY LOSS, DAMAGE OR MISAPPROPRIATION OF USER PERSONAL INFORMATION, USER CONTENT OR OTHER DATA RESULTING FROM YOUR ACTS OR OMISSIONS;
g) ANY VIOLATION OF ANY RIGHT OF, OR HARM OR LOSS OF, ANY PERSON CAUSED BY YOU WHILE USING THE SERVICES OR PARTICIPATING IN ESPORTS COMPETITIONS; and
h) YOUR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT COMMITTED OR ATTRIBUTABLE TO YOU.
Velocity Esports reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Velocity Esports. You will cooperate as fully as reasonably required in the defense of any indemnified claim under this Section 13.4.
Notwithstanding any other provision of this Agreement, if applicable law limits or prohibits the application of sections 13.1 to 13.4, then Velocity Esports and its Representatives’ liability will be limited and excluded to the maximum extent permissible by law.
13.6 User Dispute.
If you have a dispute with any User, you release Velocity Esports and its Representatives from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You acknowledge and agree that nothing contained in this Agreement constitutes legal, tax, accounting, legal or other professional advice and should not be relied upon as such.
You understand and agree that we are making the Services available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set forth herein and that the same form an essential basis of this contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or
cancellation of your Velocity Esports Account or suspension or termination of use of, or access to, the Services.
14. TERM AND TERMINATION
This Agreement is effective upon your acceptance of this Agreement, as provided herein.
14.2 Termination by Velocity Esports.
Velocity Esports may terminate this Agreement or stop providing the Services at any time in its sole discretion.
14.3 Effect of Termination.
If you cancel or terminate your Velocity Esports Account, you will have thirty (30) days to reinstate your account without any penalties (the “Reinstatement Period”). After the expiration of the Reinstatement Period, any points and rakings earned and associated with your Velocity Esports Account will be forfeited.
15. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
15.1 Governing Law.
This Agreement shall be construed in accordance with the laws of the State of Illinois, notwithstanding any choice of law rules for such state.
If a dispute arises concerning or relating to this Agreement, other than injunctive relief and equitable relief, the dispute shall be submitted to binding arbitration under the Commercial Arbitration Rules and Mediation Procedures (available at http://www.adr.org) of the American Arbitration Association (“AAA”) then in effect. The arbitration shall take place in Chicago, Illinois, United States, and both you and Velocity Esports agree to submit to the jurisdiction of the arbitrator selected in accordance with the AAA rules. This agreement to arbitrate any and all disputes (except as otherwise provided herein) is governed by and is subject to the rules of the Federal Arbitration Act or its successor or replacement statutes. Any decision and findings of the arbitrator shall be final and binding on you and Velocity Esports and held confidential by you and Velocity Esports, and you and Velocity Esports agree to execute all documents necessary to maintain such confidentiality. YOU AND VELOCITY ESPORTS UNDERSTAND AND AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL IN A COURT OF LAW. You
and Velocity Esports shall have the right to be represented by legal counsel at any arbitration proceeding, provided each Party shall bear the cost of their own counsel until the award is issued. The arbitrator shall not grant relief that exceeds in form or amount that allowed by applicable law. Questions of arbitrability shall be decided by the arbitrator. Until the award, you and Velocity Esports shall be equally responsible for all fees associated with the arbitrator’s fee, including associated travel expenses of the arbitrator, the rental of a room to hold the arbitration hearing and similar costs. However, the arbitrator may reapportion attorneys’ fees and arbitration and arbitrator costs and fees in the award in accordance with the AAA rules. The arbitration shall not proceed as a class or collective action and the arbitrator does not have authority to grant class or collective relief of any sort.
15.3 Class Action/Jury Trial Waiver.
You agree to waive any right you may have to commence or participate in any class action against Velocity Esports related to any claim and, where applicable, you also agree to opt out of any class proceedings against Velocity Esports. Where applicable, if a dispute arises between you and Velocity Esports, you knowingly and intentionally waive any right you may have to participate in a trial by jury with respect to that dispute.
Sections 2 (Use of the Velocity Esports Services), 3 (Velocity Esports Accounts), 4 (Esports Competitions), 5 (Rules), 6 (User Content), 7 (Our Proprietary Rights), 9 (Paid Services), 12 (Third-Party Materials and Services), 13 (Disclaimer of Warranties, Limitation of Liability and Indemnification), 15 (Governing Law, Arbitration, and Class Action/Jury Trial Waiver), and 16 (General) and all other provisions of this Agreement which must survive to fulfill their purpose will survive termination of this Agreement.
16.2 Notification Procedures and Changes to the Agreement.
Velocity Esports may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by Velocity Esports in our sole discretion. Velocity Esports reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Velocity Esports is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Velocity Esports may, in its sole discretion, modify or update this Agreement from time to time. Therefore, you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Services after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
16.3 Entire Agreement.
16.4 Supplemental Contracts.
Notwithstanding section 16.3 of this Agreement, your use of the Services is subject to any other written and duly executed contracts you may have with Velocity Esports (a “Supplemental Contract”). In the case of any conflict between this Contract and a Supplemental Contract, the terms of such Supplemental Contract shall prevail.
We may assign this Agreement in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. This Agreement is personal to you, and you may not assign this Agreement, nor your rights, interests, or obligations under this Agreement, to any person.
16.6 Attorneys’ Fees.
If any legal action or arbitration proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, including any appeals, in addition to any other relief to which it or they may be entitled.
16.7 No Waiver.
Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Headings are for convenience only and shall not affect the interpretation of this Agreement.
This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns.
Please contact us at email@example.com with any questions regarding this Agreement.
16.13 Further Assurance.
You agree to provide such further documents or instruments, and take such further actions, reasonably requested by Velocity Esports, to effect the purposes of this Agreement and carry out its provisions.
16.14 Force Majeure.
In no event will Velocity Esports be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent that such failure or delay is caused by any circumstances beyond Velocity Esports’ reasonable control, including, but not limited to, acts of God, flood, fire, earthquake, tsunami, pandemic, epidemic, explosion, war, terrorism, invasion, riot or other civil unrest, cloud services outages, supply chain disruptions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.
16.15 California Residents.
The provider of the Services is Velocity Esports, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.