TERMS AND CONDITIONS
Terms and Conditions
Last updated: July 5, 2018
Welcome to PlayerOneEsports.com. Player One Esports and/or its affiliates (“Player One Esports”) provide website features and other products and services to you when you visit or send payment at PlayerOneEsports.com, use Player One Esports products or services, use Player One Esports applications for mobile, or use software provided by Player One Esports in connection with any of the foregoing (collectively, “Player One Esports Services”). Player One Esports provides the Player One Esports Services subject to the following conditions.
By using Player One Esports Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Player One Esports Services, and sometimes additional terms may apply. When you use an Player One Esports Service (for example, Your Profile, Player One Esports Video, Player One Esports devices, or Player One Esports applications) you also will be subject to the guidelines, terms and agreements applicable to that Player One Esports Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use Player One Esports Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Player One Esports Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Player One Esports Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Player One Esports or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Player One Esports Service is the exclusive property of Player One Esports and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Player One Esports Service are trademarks or trade dress of Player One Esports in the U.S. and other countries. Player One Esports’s trademarks and trade dress may not be used in connection with any product or service that is not Player One Esports’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Player One Esports. All other trademarks not owned by Player One Esports that appear in any Player One Esports Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Player One Esports.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Player One Esports or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Player One Esports Services. This license does not include any resale or commercial use of any Player One Esports Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Player One Esports Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Player One Esports or its licensors, suppliers, publishers, rightsholders, or other content providers. No Player One Esports Service, nor any part of any Player One Esports Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Player One Esports. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Player One Esports without express written consent. You may not use any meta tags or any other “hidden text” utilizing Player One Esports’s name or trademarks without the express written consent of Player One Esports. You may not misuse the Player One Esports Services. You may use the Player One Esports Services only as permitted by law. The licenses granted by Player One Esports terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Player One Esports account to use certain Player One Esports Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Player One Esports does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Player One Esports Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Player One Esports Household. Alcohol listings on Player One Esports are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Player One Esports reserves the right to refuse service, terminate accounts, terminate your rights to use Player One Esports Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Player One Esports reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Player One Esports a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Player One Esports and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Player One Esports for all claims resulting from content you supply. Player One Esports has the right but not the obligation to monitor and edit or remove any activity or content. Player One Esports takes no responsibility and assumes no liability for any content posted by you or any third party.
Player One Esports respects the intellectual property of others.
SANCTIONS AND EXPORT POLICY
You may not use any Player One Esports Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Player One Esports Services.
Parties other than Player One Esports operate stores, provide services or software, or sell product lines through the Player One Esports Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Player One Esports does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PLAYER ONE Esports SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMERICAN PATHWAY ACADEMY SERVICES ARE PROVIDED BY PLAYER ONE Esports ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PLAYER ONE Esports MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLAYER ONE Esports SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLAYER ONE Esports SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLAYER ONE Esports SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, PLAYER ONE Esports DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLAYER ONE Esports DOES NOT WARRANT THAT THE PLAYER ONE Esports SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLAYER ONE Esports SERVICES, PLAYER ONE Esports’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PLAYER ONE Esports ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PLAYER ONE Esports WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PLAYER ONE Esports SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PLAYER ONE Esports SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Player One Esports Service, or to any products or services sold or distributed by Player One Esports or through PlayerOneEsports.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Player One Esports Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Player One Esports.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
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ADDITIONAL PLAYER ONE Esports SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Player One Esports Services (the “Player One Esports Software”).
Use of the Player One Esports Software. You may use Player One Esports Software solely for purposes of enabling you to use the Player One Esports Services as provided by Player One Esports, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Player One Esports Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Player One Esports Software in whole or in part. All software used in any Player One Esports Service is the property of Player One Esports or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Player One Esports Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Player One Esports Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Player One Esports Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Player One Esports Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Player One Esports or third-party terms applicable to any portion of Player One Esports Software, such as open-source license terms, such other terms will control as to that portion of the Player One Esports Software and to the extent of the conflict.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
A 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 upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.