TERMS & CONDITIONS
TERMS & CONDITIONS
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ACCEPTANCE OF THESE TERMS
eSports Ad Bureau ("we," or "us") provides the information, content, tools and information services that are accessible via eSports-adbureau.com and the associated URLs owned or controlled by us (collectively, the "Sites") to you ("you") subject to the terms of service below ("Terms of Service") and subject to our privacy policy ("Privacy Policy"). Access to the Sites, and the information, content, tools and information services that are accessible via the Sites, are collectively the "Services." To use the Services you must agree to the Terms of Service and Privacy Policy (collectively, the "Terms"). Your use of the Services (or any part thereof) constitutes your agreement to the Terms. If you do not agree with the Terms you may not use the Services. By using the Services you represent that you are of legal age in your jurisdiction to enter into a binding agreement with us. If you are not able to make the representations in the preceding sentence you are prohibited from using the Services, however, any unauthorized use of the Services by you shall be subject to these Terms until such unauthorized use has been terminated. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services represents such third party's acceptance of the Terms.
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CHANGES TO THE TERMS
We may periodically modify or supplement these Terms in our sole discretion and without notice to you. All amended Terms become effective when they are posted on the Sites and your use of the Services after such revisions have been posted constitutes your agreement to such amended Terms. If you do not agree with any changes to the Terms you must cease using the Services.
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PROVISION OF THE SERVICES
We may modify or cease providing all or part of the Services at any time, including adding or deleting content or features or disabling certain aspects of the Services. Any modification or elimination of all or part of the Services will be done in our discretion and without any ongoing obligation or liability to you.
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HOW YOU MAY USE OUR MATERIAL
You may not data mine, scrape, crawl, or use any robot other automatic device, script, technology or processes that send automated queries to the Sites, or use other similar methods or tools, to gather or extract information, content, tools or other tangible or intangible materials related to the Services (collectively, the “Materials”) from the Sites. In addition, you may not use the Services to compile data (or any other portion of the Materials) in a manner that is used or usable by a product or service that competes with us. Without our prior express written consent you may not link to the Sites or any portion of the Services (including deep linking to a specific portion of the Sites or framing Materials in any way) and you may not employ script searches or search results from the Sites in a manner that results in the display of any Material on a third party website or elsewhere. You may not modify the manner in which the Sites are displayed or the Services are used, including framing, scraping or any other technique that would alter the display of the Sites or the visual display of the Services, including the Material. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Sites and proper operation and usage of the Services by any other users or third parties. When accessing the Sites or otherwise using the Services you must use and comply with security procedures (if any) maintained by us to confirm that only authorized users have access to the Services and to otherwise limit use of the Services. You may not use alter-egos or other disguised identities when accessing the Sites or otherwise using the Services. All forms of indirect access are strictly prohibited. You may not attempt to access portions of the site which are not made publicly available by us and you may not use any information obtained from non-public portions of the Sites.
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INTELLECTUAL PROPERTY AND CONTENT
The Services, including the Sites, the Materials, and the design, text, graphics, images, video, information, applications, tools, results, software, music, sound, and any files contained therein or related thereto, and the arrangement thereof, including the eSports-adbureau.com names and logos and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorships, know-how, publicity rights, trademarks, trade-dress, and trade secrets and all intellectual property and proprietary rights related thereto, are as between you and us the sole property of eSports-adbureau.com. Except as expressly provided in these Terms, we do not grant to you any express or implied rights to any of our Content and all such rights are retained by us. All copies that you make of the Material or the Sites must retain any copyright, trademark or other proprietary notice located on the Sites that pertains to the Material being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein. You are solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all other damages resulting from your use of or access to the Services, including the Sites and the Materials. Except as expressly provided in these Terms, you may not copy, reproduce, modify, reformat, lease, loan, sell, create derivative works from, upload, transmit, or distribute our content or the Materials in any way without the express written consent of from us. Without the prior express written consent from us, you are not authorized to (1) use any of our names or marks, and related names and marks in any advertising, publicity or in any other commercial manner, (2) use any meta tags or any other "hidden text" utilizing any of our names or marks, and related names and marks, or (3) use our domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service.
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PRIVACY POLICY
Use of the Services and any personal information or other information about you collected by us through, or in connection with, the Services is subject to our Privacy Policy, which Privacy Policy is incorporated into these Terms.
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WARRANTY DISCLAIMER
Any use of the Services, including any reliance upon any of the information therein, shall be at your sole risk. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Materials accessible by use of the Services. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES (INCLUDING THE SITE AND THE MATERIALS) ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, "OUR PARTIES") DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, COMPLETENESS, ACCURACY AND PERFORMANCE OF THE SERVICES. OUR PARTIES DO NOT WARRANT OR COVENANT THAT ANY DEFECTS OR ERRORS ASSOCIATED WITH THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
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LIMITATION OF LIABILITY
USE OF THE SERVICES IS AT YOUR RISK. IN NO EVENT SHALL WE BE LIABLE TO ANY USER IN CONNECTION WITH THE SERVICES FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE SERVICES IS LIMITED TO THE LESSER OF (1) THE AMOUNTS, IF ANY, YOU PAID TO US FOR THE SERVICE OR MATERIALS GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE CLAIM, OR (2) $100. Some jurisdictions do not permit certain disclaimers of warranties or exclusions of damages, in which case such disclaimers and exclusions may not apply to you to the extent they are not permitted.
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INDEMNIFICATION
You agree to indemnify and hold us and Our Parties harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (1) your breach of these Terms and any use of the Services (including the Sites and any Materials) other than as expressly permitted in these Terms; (2) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property or other proprietary or contract right of any person or entity; or (3) your use of, or conduct on, any website other than the Sites. The foregoing indemnity obligations will survive any termination of the Terms or your use of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of us.
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TERMINATION AND SUSPENSION
We may terminate these Terms, or terminate, suspend or restrict your access to the Services or the Materials, in the event that you violate any of the Terms or for any other reason, with or without notice or cause. Upon termination or suspension, your right to access the Sites and use the Services and Materials will immediately cease. We may discontinue, temporarily or permanently, all or part of the Services with or without notice. If your access to the Services is suspended or terminated by us you agree that you will not attempt to access the Services by any alias or other disguised or fraudulent identity or otherwise without our prior express written approval.
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VIOLATIONS AND COMPLAINTS
Without limiting our rights or remedies under these Terms or at law or in equity, we may investigate complaints related to your use of the Services and alleged violations of these Terms and take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations. You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
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GENERAL
You may not assign these Terms or otherwise transfer this Agreement, in whole or in part, and any attempt to do so shall be void. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect and remain fully enforceable. You will comply with all applicable laws, regulations and ordinances related to your use of the Services, including compliance with applicable laws in jurisdictions other than the United States. These Terms will be governed by and construed in accordance with the laws of the State of New York and you agree to submit to the personal jurisdiction of the courts located in New York. Except as expressly stated herein, the Terms constitutes the entire agreement between you and us with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and us with respect to the Services or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and us. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
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Disclaimer
Although we strive for 100% accuracy, it is an unachievable goal. If the Sites contain any information about any third parties, including without limitation any third party that is a member or business partner of eSports Ad Bureau, you should always confirm that information with the third party. In addition, we make no representations about any third-party business practices or reliability.
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PRIVACY POLICY
This privacy policy describes how eSports-adbureau.com and operators of eSports Ad Bureau ("we," or "us") collect and use personal information collected via eSports-adbureau.com and the associated URLs (collectively, the "Sites"). Please read this privacy policy and the associated Terms of Service before using the Sites or submitting any personal information. To use the Services (as defined in the Terms of Service) you must agree to the Terms of Service and this Privacy Policy (collectively, the "Terms"). Your use of the Services (or any part thereof) constitutes your agreement to the Terms. If you do not agree with the Terms, you may not use the Services. The privacy practices set forth in this privacy policy are applicable only to the Sites. If you link to other websites from the Sites, please be aware that we do not control the privacy practices of such websites.
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Collection of Information
We may collect personal information, such as names, email and physical addresses, demographic information, and similar information when you submit such information via the Sites. We may also collect information such as your IP address and similar information when you are browsing the Sites.
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Tracking Technology
eSports-adbureau.com may use tracking and analytics technology, including cookies, for gathering non-personal information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Personal information is not collected via tracking technology; however, if you previously provided personal information, your IP address may be tied to such information (e.g., we may be able to associate an inquiry with a name). We may share aggregate tracking information with third parties and otherwise use such information in any manner.
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Use of Personal Information
Personal information we collect from you will be used in accordance with the instructions and descriptions specified on our Site at the time you submit such information. We may also use such personal information to contact you regarding the Services and to make available offers from third parties that are related to the Services. If you do not wish to receive such third party offers, you may opt out of receiving such offers using the opt-out mechanism we provide in connection with such offers.
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Disclosure of Personal Information
We may disclose your personal information to our third party business partners who provide media services and other offers to enable you to take advantage of such services and offers. We may disclose your personal information to law enforcement officials, regulators, or other third parties in our discretion in connection with any alleged violations of the Terms of Service or violations of law. If eSports-adbureau.com is acquired by a third party, we will provide your information to the party acquiring such assets and such acquirer will have the right to use such information subject to the terms of this Privacy Policy and the Terms of Service.
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Data Security
We use reasonable efforts to keep your personal information secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential), and other parties described in this Privacy Policy, have access to this information.
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Privacy Contact Information
If you have any questions, concerns, or comments about our privacy policy, or if you would like to delete or modify any personal information we may have collected from you, you may contact us at stuart@esports-adbureau.com. We may modify this Privacy Policy in accordance with the provision of the Terms of Service titled "Changes To The Terms."
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