Terms and Conditions
As used in these Terms, "we" (and its variant, "our" and "ours") means and refers to CEVO, LLC ("CEVO"), and "you" (and its variant, "your" and "yours") means and refers to the person who is accessing or using the (“SITE”). THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND CEVO. Please print a copy of this document for your records.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
- 2.Limited License. CEVO owns and retains all proprietary rights in the (“SITE”), and you acknowledge that the (“SITE”) contains the copyrighted material, trademarks, and other proprietary information of ours and our licensors. CEVO hereby grants, and by using the (“SITE”), you thereby accept, a limited, personal, non-exclusive license and right to use the (“SITE”) from a home, work, portable computer, and mobile or portable device. You may not remove any proprietary notices or labels on the (“SITE”) or on any Content (defined in Section 9) without our prior consent. CEVO may deny, at our sole discretion, access to the (“SITE”) to any user--including you--without notice. Without limiting the foregoing, we may decline providing products or services to any user who violates any Terms and Conditions.
- 4.Paladin Match Management Software. BY REGISTERING TO PARTICIPATE IN ANY CEVO GEFORE ESPORTS EVENT, YOU AGREE TO RUN THE PALADIN MATCH MANAGEMENT SOFTWARE (“PALADIN”) AND ALLOW IT TO SCAN YOUR COMPUTER'S GAMING ENVIRONMENT FOR THIRD PARTY PROGRAMS AND FILES ("DATA"). YOUR USE OF (“PALADIN”) IS GOVERNED BY THE (“AUP”). YOU ALSO AGREE TO ALLOW ALL THE DATA TO BE SENT TO OUR CONTENT SERVERS WHERE IT WILL BE ANALYIZED. CEVO WILL NOT SHARE DATA WITH THE PUBLIC, HOWEVER MAY SHARE MARKETING DATA WITH ITS AFFILIATES, SPONSORS, OR OTHER THIRD PARTIES. (“PALADIN”) DOES NOT DOWNLOAD OR INSTALL SPYWARE TO YOUR COMPUTER AND WILL NOT INTERFERE WITH YOUR HARDDRIVE OR ANY FILES CONTAINED ON YOUR COMPUTER. BY PARTICIPATING IN ANY EVENT IN WHICH (“PALADIN”) IS USED, INCLUDING EVENTS SPONSORED BY THIRD PARTIES, YOU ACKNOWLEDGE AND AGREE THAT CEVO IS NOT OBLIGATED TO REVEAL ANY INFORMATION/EVIDENCE COLLECTED BY (“PALADIN”) UNDER ANY CIRCUMSTANCE, INCLUDING THE CIRCUMSTANCE THAT YOU PERSONALLY AND/OR A MEMBER OF A TEAM WITH A PLAYER WHOM HAS BEEN DETECTED CHEATING BY (“PALADIN”) AND SUBSEQUENTLY TERMINATED FROM THE EVENT.
- 5.Events. The Tournament is open all individuals in the following countries that are 18 years of age or older as of September 1st, 2013, and who properly register for the Tournament (each a "Player"): Canada (excluding residents residing in the Province of Quebec) and the United States. Each Player may be required to show proof of age and residence. ALL PLAYERS MUST OWN A WORLD OF TANKS ACCOUNT. IF YOU DO NOT SATISFY THESE REQUIREMENTS, YOU ARE NOT ELIGIBLE TO REGISTER AND/OR PARTICIPATE IN THE TOURNAMENT. Participation in the Tournament is also subject to compliance with the requirements specified below and in the Game Play Rules. Employees of Sponsors and their immediate families (parent, child, sibling and the spouses of each) are not eligible to register for the Tournament. The Tournament is void where prohibited by applicable law.
If we are contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of the (“SITE”), we will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of the (“SITE”), including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file. If you object to your Data and other information being collected or used in the above ways, then do not use or register on the (“SITE”).
- 8.Your Use of the (“SITE”). Your use of the (“SITE”) is subject at all times to the (“AUP”). Without limiting any of the restrictions and obligations in the (“AUP”), you may use the (“SITE”) for your own personal use, and you may not, without our prior permission: Sell or grant a security interest in or transfer reproductions of the (“SITE”) to other parties in any way, nor to rent, lease, or license the (“SITE”) to others; create copied works based on the (“SITE”) use any third-party software to modify any event, including, but not limited to cheats and/or hacks; institute attacks upon a server or otherwise disrupt the (“SITE”); cheat during game play, including but not limited to modification of the game program files; impersonate an official or employee or any other person; disrupt the normal flow of dialogue in a chat room/forum or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting Spam messages on Forums (where “Spam messages” as used herein include, but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement); intentionally, negligently or unintentionally violate any applicable local, state, national, or international law or regulation; modify any (“SITE”) file that CEVO does not specifically authorize you to modify; spam by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area; communicate or post any user's personal information to the (“SITE”); "Frame" or "mirror" any part of the Service or the Web(“SITE”), without our prior written authorization; Use meta tags or code or other devices containing any reference to us or the (“SITE”) in order to direct any person to any other web (“SITE”) for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the (“SITE”) or any software used on or for the (“SITE”) or allow or cause others to do so; or use any reverse compilation, reverse engineering, decompilation or disassembly techniques or similar methods to determine any design structure, concepts and construction method of the (“SITE”) or replicate the functionality of the (“SITE”) for any purpose. If CEVO believes you have violated or may or will violate any of the foregoing provisions, CEVO may, at our option and without limiting any of our remedies available herein or at law, and with or without notice to you, suspend and/or terminate your access to the (“SITE”).
- 9.Content Uploads. You are solely responsible for all of the content that you publish or display (including in bulletin boards, forums and chat rooms) on the (“SITE”) ("post") or transmit to other users (in each case, "Content"). Your use of the (“SITE”), including but not limited to the Content you post or transmit, must be in complete accordance with any and all applicable laws and regulations. You will not post or transmit any defamatory, inaccurate, offensive, threatening, harassing, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity), or post or transmit "junk mail", "chain letters," or unsolicited mass mailing or "spam". You will not provide inaccurate, misleading or false information to us or to any user. If information provided to us, or to a user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. Without limiting the foregoing: You will not express or imply that any statements you make are endorsed by us without our specific prior written consent. You will not use any robot, spider, (“SITE”) search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained on the (“SITE”). You will not interfere with or disrupt the (“SITE”) or the servers or networks connected to the (“SITE”). You will not post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the (“SITE”). You will not harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of the (“SITE”) or another person or entity; You will not transmit or post sexually explicit images or other content which in our sole discretion is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content; You will not post or transmit chain letters, cash bots, or pyramid schemes; unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities; You will not post or transmit comments or content defamatory, libelous, slanderous, disparaging, or otherwise offensive against the organization or its sponsors, products, officials, or players; You understand and agree that we may review and delete Content, in whole or in part, at any time. Such deletion shall be at our sole discretion, and may occur, without limitation, if we believe Content violates or may violate Terms and Conditions, or might be offensive, illegal, or that might violate the rights of others. Use of the (“SITE”) is granted with our permission, which may be revoked at any time, for any reason, in our sole discretion.
- 10.No Endorsements or Recommendations. The (“SITE”) may provide, or third parties may provide, links to other (“SITE”)s or resources. Because we have no control over such (“SITE”) and resources, you acknowledge and agree that we are not responsible for the availability of such external (“SITE”) or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such (“SITE”) or resources. Opinions, advice, statements, offers, or other information or content made available through the (“SITE”), but not directly by us, are those of their respective authors, and should not necessarily be relied upon. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the (“SITE”), or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the (“SITE”). Under no circumstances will we or our affiliates be responsible for any loss or damage resulting, directly or indirectly, from your reliance on information, or other content posted on or transmitted through the (“SITE”), or from goods or services available on or through the (“SITE”).
- 11.Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR AFFILIATES, COMPANIES, LICENSORS, EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS AND OTHER USERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR RELATED TO YOUR USE OF THE (“SITE”), YOUR BREACH OR VIOLATION OF ANY TERMS AND CONDITIONS, YOUR DEALINGS WITH OTHER USERS, AND CONTENT POSTED OR TRANSMITTED BY YOU. CEVO reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section, in which case you shall provide us with such cooperation as is reasonably requested by us.
12.1.CEVO is not responsible for any Content, and is not responsible for the Conduct, whether online or offline, of any user.
12.2.CEVO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications.
12.3.THE (“SITE”), AND ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THE (“SITE”), INCLUDING WITHOUT LIMITATION TOURNAMENTS, ARE EACH PROVIDED "AS-IS", AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS DAMAGE OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES RELATED TO THE (“SITE”), OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE (“SITE”).
12.4.CEVO cannot guarantee and does not promise any specific results from use of the (“(“SITE”)”). CEVO does not warrant that the (“SITE”) (including without limitation products or services available on or through the (“SITE”)) will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the information, data and other materials available on or through the (“SITE”). CEVO is not responsible for the availability or content of other services that may be linked to from the (“SITE”). CEVO reserves the right to correct any errors or omissions in the (“SITE”) with or without notice. Although CEVO intends to take commercially reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to the Service, CEVO does not guarantee or warrant that the (“SITE”) or materials that may be downloaded from the (“SITE”) do not contain such destructive features. CEVO is not liable for any damages or harm attributable to such features. IF YOU RELY ON THE SERVICE OR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE (“SITE”), YOU DO SO AT YOUR OWN RISK.
12.5.CEVO does not guarantee that any games played through the (“SITE”), including without limitation Tournaments, will be free of cheats, hacks, or programming errors that may affect the outcome.
- 13.EXCLUSIONS OF DAMAGES AND LIMITATIONS OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CEVO OR OUR AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THIRD PARTY INFORMATION PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS OR DATA, IN ANY WAY RELATED TO THE (“SITE”) OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO US FOR PRODUCTS OR SERVICES THROUGH THE (“SITE”) DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE DAMAGE.
- 14.Copyright Policy. If you believe that your work has been copied and posted on the (“SITE”) in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the (“SITE”); your address, telephone number, and email address; a written 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send all such notices to email@example.com.
- 15.U.S. Export Controls. Software, applications, widgets, gadgets and other tools made available on the (“SITE”) ("Software") are each subject to United States export controls. No Software may be downloaded from the (“SITE”) or otherwise exported or re-exported (i) into, or to a national or resident of, any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- 16.Termination. You may terminate your access to the (“SITE”) at any time. CEVO may terminate your access to the (“SITE”) and/or products or services made available through the (“SITE”) at any time if you breach any Terms and Conditions. Your outstanding payment obligations, if any, and Sections 6, 7, 11, 12, 13 and 17 of these Conditions, shall survive expiration or termination of your subscription.
- 17.Other Terms. Except for notices under Section 14, all notices and other communications sent by you to us under these Terms shall be in writing, effective upon receipt, and sent to our contact information address as posted on the (“SITE”). These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Those who choose to access this (“SITE”) from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the Terms, and shall not affect the validity and enforceability of any remaining provisions or of any Terms and Conditions. The Terms and Conditions represent the entire agreement between CEVO and you relating to the subject matter herein. CEVO may change the Terms upon such notice, if any, as may be required by law. CEVO shall not be liable to you or any other person or entity for any delay or failure in the performance of these Terms or for loss or damage of any nature whatsoever suffered by such party due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of vandalism, terrorism, lightning, fire, strike or any other causes beyond our reasonable control. CEVO may seek injunctive or other equitable relief, wherever we deem appropriate, to protect or enforce our rights under these Terms. No waiver of these Terms shall be effective unless it is in writing and signed by an authorized representative of CEVO, and any such waiver shall only be applicable to the specific instance referenced in such writing. You shall not be construed to be a third party beneficiary of any agreement between us and any third party.
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