Welcome, and thank you for your interest in [www.enthusiastgaming.com] (the “Site”) and such other products, services, features and content which may be offered by Enthusiast Gaming Inc. and its affiliates (“us”, “our” and “we”) from time to time (together with the Site, collectively the “Services”).
1. Optional Subscription to Newsletter
A User may subscribe to the newsletter (the “Newsletter”) in order to receive certain information about us. If you proceed to subscribe, you will be asked to enter your First Name, Last Name and Email Address in connection with your subscription. You agree that the information you provide to us, at the time of subscription or otherwise, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
2. Legal Capacity
You represent and warrant that you possess the legal right, capacity and ability to agree to this Agreement and use the Services in accordance with this Agreement. If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you are using the Site on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to this Agreement on behalf of such organization and all references to “you” or “your” throughout this Agreement will include such organization, jointly and severally with you personally.
4. Updates and Modifications
a. Additional Guidelines or Rules. Additional guidelines or rules may be applicable to your use of specific Services and features of the Services. If there is a conflict between the terms and conditions of this Agreement and those of another agreement you may have with us in respect of your use of specific Services and features of the Services, the terms and conditions of the other agreement will apply in respect of your use of such specific Services and features of the Services.
b. Modification of this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement in place at the time the dispute arose.
c. Updates to the Services. In order to provide exceptional service, we regularly will update the Services. You acknowledge and agree that we may update the Services with or without notifying you. Such updates shall be subject to the terms and conditions of this Agreement.
5. User Content
a. All information, material or content submitted by a User, whether publicly or privately posted, e-mailed, transmitted, uploaded or otherwise submitted to us via the Services (“Submitted Content”) is the sole responsibility of the person from which such Submitted Content originated. You acknowledge and agree that you are entirely responsible for all Submitted Content that you post, e-mail, transmit, upload or otherwise submit in connection with or via the Services, including, without limitation, the accuracy of such Submitted Content. Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any Submitted Content, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, e-mailed, transmitted, uploaded or otherwise submitted via the Services.
b. You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any Submitted Content that: (i) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work; (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); or (iv) contains viruses, worms, corrupt files, trojan horses or other forms of corruptive code, or any other content which may compromise the Services.
c. You hereby grant us a perpetual, transferrable, world-wide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, irrevocable right and license to use, copy, distribute, publicly perform, publicly display, print, publish, sell, offer for sale, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works that Submitted Content and any works derived from that Submitted Content, in any form of media or expression (now known or hereafter developed), in the manner in which the Services from time to time permits Submitted Content to be used, and to license or permit others to do so. This license also grants us the right to sublicense your Submitted Content to other Users to permit their use of that Submitted Content in the manner in which the Services from time to time permits Submitted Content to be used.
d. We permit Users to share their Submitted Content with other Users to view. By sharing Submitted Content with other Users you automatically grant those Users an irrevocable and non-exclusive right and license to access and make copies of that Submitted Content for personal use and to license or permit others to do so.
e. You acknowledge and agree that we may preserve Submitted Content and may also disclose Submitted Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of this Agreement; (iii) respond to claims that any Submitted Content violates the rights of third-parties; or (iv) protect our rights, property, or personal safety and those of our users and/or the public.
f. You understand that when using the Services you may be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
g. We are not responsible for and do not endorse content that is posted on the Services, including without limitation any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with such content. We may, but have no obligation to, pre-screen, monitor, edit, or remove any content or accounts containing content that we determine in our sole discretion violates this Agreement.
h. You may delete any of your Submitted Content. You understand that your Submitted Content may persist in backup copies for a reasonable period of time. You agree and understand that any of your Submitted Content that has been shared with other Users may remain with Users who have previously accessed your Submitted Content.
i. We appreciate hearing from our customers and welcome your comments regarding our Services. Please be advised, however, that if you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively, the “Submission”), you grant us a royalty-free, worldwide, perpetual license to use the Submission for any purpose whatsoever, commercial or otherwise. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission.
6. User Conduct
a. The Services are only for your personal and non-commercial use.
b. You may not, directly or indirectly: (i) use the Services for any illegal or unauthorized purpose; (ii) attempt to mislead any person as to your identity or the origin of any communication transmitted through the Services; (iii) collect or harvest any personal information, including account names, from the Services; (iv) attempt to circumvent the security systems of the Services; (v) attempt to gain access to or use the Services in a fraudulent manner; (vi) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (vii) modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by us herein or to the extent the foregoing restriction is expressly prohibited by applicable law; (viii) attempt to gain access to any other User’s account; (ix) frame or mirror any part of any Services; (x) attempt to ascertain any other user’s personal information by any means whatsoever, including without limitation, by use of the Services or any other application or website, or by e-mail communication; (xi) create or submit unwanted e-mail or other messages to any Users of the Services or mass email other Users; or (xii) delete, duplicate or revise any material posted by any other person or entity.
c. You may not use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers” that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser in ordinary and customary usage. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy 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. We reserve the right to revoke these exceptions either generally or in specific cases.
7. Fees and Payments
a. Fees. We may now, or in the future, charge fees for the use and provision of certain Services (“Fees”). All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax) and shipping costs, unless otherwise stated, and you are solely responsible for the payment of any such charges (the “Charges”). Fees and Charges may vary depending on your chosen payment method. The Fees and Charges for our Products and Services will be confirmed to you before you complete a purchase.
b. Payment. When you make a purchase, you agree to pay all specified Fees and Charges by using any of the payment methods which we may accept from time to time. We reserve the right to remove or amend the available payment methods at our sole discretion.
c. Credit Card. You may pay the Fees and Charges by designating a credit card for payment. You authorize us, or any other company that acts as a billing agent for us, to charge the credit card you designate to pay any amounts described herein and authorize us, or any other company that acts as a billing agent for us, to continue to attempt to charge all sums described herein to your credit card until such Fees and Charges are paid in full. If payment is not received by us from your credit card issuer, you agree to pay all amounts due upon demand by us.
d. Changes in Price. We may change the Fees and Charges payable for the purchase of our Products or other Services at any time without any notice to you. We may also institute new Fees or Charges or charge a Fee or Charge for the use of the Services or any part thereof where a Fee or Charge was not previously charged.
8. Third-Party Sites, Applications, Products and Services
9. Ownership and Proprietary Rights
The Services and all contents, including but not limited to, text, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by us (the “Materials”) are protected without limitation, by U.S., Canadian and other foreign copyright, trademark, patent and other intellectual property laws. All Materials contained on the Services are the property of us and/or our subsidiaries and/or affiliated companies and/or our third-party licensors. All trademarks, service marks, and trade names are proprietary to us and/or our subsidiaries and/or our affiliates and/or our third-party licensors. You agree not to sell, license, sublicense, distribute, copy, reverse engineer, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights to the Materials not expressly granted in this Agreement. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
10. Use of Services by Minors
11. Use of Services on Device
Access to the Services requires the use of a personal computer or mobile device, as well as internet connection. You are responsible for any mobile device or internet connection fees or charges associated with use of the Services.
a. Our Remedies. You agree that we may, in our sole discretion, for any reason, subject to applicable law, and without penalty, terminate your use of the Services and remove and discard all or any part of the Submitted Content. We may also in our sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any portion thereof, may be effected without prior notice to you, subject to applicable law, and you agree that we will not be liable to you or any third-party for any such termination. Upon termination for any reason, all licenses and other rights granted to you in this Agreement will immediately terminate and you must cease to use the Services. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. We reserve all rights and remedies against any User who violates this Agreement. YOU ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT MAY CAUSE IRREPARABLE HARM TO US AND YOU AGREE THAT, IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, WE SHALL BE ENTITLED TO SEEK INJUNCTIVE RELIEF AGAINST YOU FOR ANY SUCH VIOLATION WITHOUT HAVING TO POST A BOND.
b. Your Remedies. To the extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Services; (ii) any term of this Agreement; (iii) any policy or practice of ours in operating the Services; or (v) any content or information transmitted through the Services, is to terminate your use of the Services.
You agree to indemnify, defend, and hold us as well as our subsidiary companies and affiliated legal entities and all of our directors, officers, shareholders, agents, licensors and employees harmless from and against all damages, claims, liability, loss, actions or demands, costs and expenses (including reasonable legal fees and costs) arising out of: (i) your breach of this Agreement or misuse of the Services contrary to the terms of this Agreement; (ii) your breach of any applicable law or regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); and (iv) any breach of the representations, warranties, and covenants made herein, by you.
14. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS AND EMPLOYEES DO NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIM ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS AND EMPLOYEES FURTHER DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.
15. Limitation of Liability and Damages
a. We cannot and do not confirm that each User is who they claim to be. In the event you have a dispute with one or more Users, you release us (and our agents and employees) from all claims, demands and damages (actual and consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with us disputes.
b. WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO US, FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (ii) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); OR (iii) ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); OR (iv) ANY CLAIM, DAMAGE OR LOSS (WHETHER DIRECT OR INDIRECT) ARISING FROM OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY UNDER THEIR OWN TERMS OF SERVICE OR ANY THIRD PARTY WEBSITE.
c. IN NO EVENT WILL WE, OR OUR SUBSIDIARY COMPANIES OR AFFILIATED LEGAL ENTITIES OR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS OR EMPLOYEES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED $100 CDN.
d. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
e. YOU AGREE THAT ANY CLAIM ARISING FROM OR RELATED TO THE PRODUCTS AND/OR SERVICES MUST BE BROUGHT BY YOU WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM FIRST COULD BE FILED OR SUCH CLAIM IS PERMANENTLY BARRED.
f. SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THIS AGREEMENT CONSISTENT WITH SUCH PROHIBITIONS.
a. Notice. You agree to receive electronic communications from us addressed to the e-mail address provided in connection to your subscription to the Newsletter. You acknowledge and agree that any communication via e-mail or by postings on the Site satisfies any legal requirement that such communications be made in writing.
b. Force Majeure. We will not be liable for any losses caused directly or indirectly as a result of causes or events beyond our control, including natural disasters, acts of God, war, terrorism, actions or decrees of governmental bodies, exchange or market rulings, failure of the internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of our obligations under this Agreement and providing the Services will be suspended for the duration of such Force Majeure Event.
c. Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.
d. Governing Law. You agree that this Agreement is governed by the laws of Ontario and the laws of Canada applicable in Ontario, excluding any principles of conflicts of laws that would apply a different body of law. You submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario located in the City of Toronto with respect to any matters arising from or related to this Agreement.
e. Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
f. Assignment and Enurement. We may at any time assign our rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement without our prior, written consent. This Agreement will enure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
g. Relationship. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of this Agreement or your use of the Services.
h. Survival. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
i. Interpretation. In this Agreement: (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of this Agreement; (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected; and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).