INTRODUCTION
Please note that your use of and access to our services (definer below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner
ACCEPTANCE
his website (“Website”) and/or app (collectively the “Service”) is operated by E-SPORTS EVOLUTION, LLC (“Evo”, “we”, “us”, “our”). By using the Service, you agree, without limitation or qualification, to be bound by these terms and conditions of use (the “Terms of Use”) and Privacy Policy (the “Privacy Policy”) incorporated herein by reference. If you have any questions, please send us an e-mail to support@evo.gg.
Where permitted by local law, Evo reserves the right to modify or revise the Terms of Use, in its sole discretion, at any time. By downloading, using, or otherwise accessing the Service, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. Evo recommends that users review the most up-to-date version of the Terms of Use periodically. We do not guarantee that the Service, or the Content (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection or using your device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them. The materials provided on the Service are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.
YOUR EVO.GG ACCOUNT
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Evo of any unauthorized uses of your account or any other breaches of security. Evo will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
PERSONAL INFORMATION
The personal information you submit to Evo and that Evo collects from you is governed by Evo’s Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, the Privacy Policy shall govern. You are responsible for providing information that is accurate, current and complete. If you provide information that is not accurate, current, or complete, or if Evo has reason to believe that information you provided is not accurate, current, or complete, Evo has the right to prohibit you from any and all future use of the Service.
USE RESTRICTIONS AND REQUIREMENTS
The Service and the content on the Service, such as text, graphics, source code, images, videos, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Evo licensors, User Contributions, and other materials (the “Content”) is protected by intellectual property rights under both United States and foreign laws. Ownership of the Content - in other words, ownership of all intellectual property rights in such Content - remains with Evo or our licensors and/or partners, Evo’s parents, owners, subsidiaries, and affiliates. All rights not expressly granted herein are reserved to Evo and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Except as otherwise stated herein, you may not, without Evo’s written permission, “mirror” any Content contained in the Service or any other server and you agree not to reproduce, duplicate, copy, sell, resell, distribute, post, transmit, or exploit for any commercial purpose, any portion of the Service or the Content other than as expressly authorized by Evo in writing. You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse, or otherwise violate the rights of a third party as defined by applicable law. Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use the Service (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms of Use. You agree not to use the Service for anything else.
These Terms of Use also apply to any update or patches which we may release or make available for the Service and any such update or patch shall be deemed part of the Service for the purposes of these Terms of Use. You agree that you will not remove or modify any acknowledgements, credits, or legal notices contained on the Service or in the Content. Where applicable, you shall include the following copyright notice: “Copyright © 2022, E-SPORTS EVOLUTION, LLC. All rights reserved.” Any special rules for the use of other items provided on the Service may be included elsewhere within the Service and are incorporated into these Terms of Use by reference.
The use of the Content on any other site or in a networked computer environment for any purpose is prohibited. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service through hacking, password mining, or any other means. You may not reverse engineer any aspect of the Service or do anything which might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service. You may not attempt to circumvent any content-filtering techniques we employ or attempt to access any area of the Service that you are not authorized to access. You may not develop any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service. Evo reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice. If, for any reason, you create any derivatives, modifications, or improvements to the Content and/or Service (“Derivatives”), all right, title and interest (including existing and future intellectual property rights) in such Derivatives (“Derivative Rights”) vest in Evo immediately upon creation. You hereby assign to Evo with full title guarantee all right, title, and interest in all such Derivative Rights. You represent and warrant that use by Evo or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Evo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this Website, or between users and any third party, you agree that Evo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Evo , its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). Or if you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Service in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you are not authorized to use the Service. We are not responsible for your using the Service in a way that breaks the law.
You represent, warrant, and agree that you will not contribute any Content or User Contributions (defined below) or otherwise use the Service or interact with the Service in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Evo);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, pornographic, obscene, or otherwise objectionable;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Mail list, Listserv, any form of auto-responder or “spam” on the Service or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the infrastructure of the Service);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content; or
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
USER CONTRIBUTIONS
Anything you post, transmit, upload, share, store, or otherwise provide through the Service are your “User Contributions.” In order to display your User Contributions on the Service, and to allow other users to enjoy them (if applicable), you grant us certain rights in those User Contributions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Contributions that are also your personally-identifiable information. For all User Contributions, you hereby grant Evo a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as other devices) and reproduce and otherwise act with respect to such User Contributions, in each case to enable us to operate the Service, as described in more detail below. This is a license only – your ownership in User Contributions is not affected.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (each of the foregoing, a “Public User Contribution”), then you grant Evo the licenses above, as well as a license to display, perform, and distribute your Public User Contribution for the purpose of making that Public User Contribution accessible to all Evo users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Contribution in connection with the Services and/or otherwise in connection with Evo’s business, for any purpose. Also, you grant all other users of the Service a license to access that Public User Contribution, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. Finally, you understand and agree that Evo, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Contributions to conform and adapt those User Contributions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Any information or content publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such content originated, you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We cannot guarantee the identity of any users with whom you interact in using the Service and are not responsible for which users gain access to the Service.
You are responsible for all content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Service.
By making User Contributions available via the Service, you represent and warrant that:
- the downloading, copying and use of the User Contributions will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Contributions, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Contributions;
- you have fully complied with any third-party licenses relating to the User Contributions, and have done all things necessary to successfully pass through to end users any required terms;
- the User Contributions do not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the User Contributions are not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the User Contributions are not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of User Contributions that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Evo or otherwise.
HYPERLINKS FROM THE SERVICE
The Service may contain hyperlinks to other websites and webpages (including websites and webpages on which you may make purchases) (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, applications, and information belonging to or originating from other third parties (collectively, “Third-Party Applications”). Evo does not investigate, monitor, control, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Evo is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Service. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Service does not indicate Evo’s approval or endorsement thereof. If you choose to leave the Service to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. You take full responsibility for using, purchasing, or refraining from purchasing and goods or services contained on such Third-Party Pages or Third-Party Applications. If you do purchase goods or services from such Third-Party Pages or Third-Party Applications, please read their contractual terms carefully before making such purchase. Remember, your contract for those goods or services will be with that third party and not with Evo. When you use Third Party Pages or Third-Party Applications, any personal information you provide will be dealt with under such third party’s Privacy Policy. Some of the links included on our Service might be affiliated links. These links may result in Evo receiving a fee or commission as a consequence of your clicking through to Third-Party Pages or Third-Party Applications or purchasing goods or services from them.
NO RELIANCE ON INFORMATION
The material and Content on the Service are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Service. Although Evo makes reasonable efforts to update the information on the Service, Evo makes no representations, warranties, or guarantees, whether express or implied, that the information and/or Content on the Service is accurate, complete, or up to date.
LIABILITY OF EVO AND ITS LICENSORS AND PARTNERS
The use of the Service and/or the Content is at your own risk. The Content of the Service could include technical inaccuracies or typographical errors. Evo may update the Service and/or may change the Content at any time. However, please note that any of the Content on the Service may be out of date at any given time, and Evo is under no obligation to update it. Evo does not guarantee that the Service, or any of the Content on it, will be free from errors or omissions. Subject to applicable law, Evo, including Evo’s parents, owners, subsidiaries, and affiliates will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Service or use of or reliance on any Content displayed on the Service. Evo will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Service or to your downloading of any Content on it, or on any website linked to it. Except as otherwise expressly permitted herein, you agree not to use the Service for any commercial or business purposes, and subject to applicable law Evo has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance of, the Service. To the extent permitted by applicable law, Evo excludes all conditions, warranties, representation, or other terms that may apply to the Service or any Content on them, whether express or implied. Nothing in these Terms of Use excludes or limits Evo’s liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
PURCHASES
Some of the features in our Service may display items that can be purchased from third parties such as ticketing and merchandise vendors. If you click on any links to purchase such items you will be re-directed to the relevant website to complete your purchase. The contract for the purchase of these items will be between you and the third party and the terms and conditions of the third party shall apply. We accept no responsibility for any purchases made by you from third-party retailers accessed through our Service. When you use third-party webpages or third-party applications, any personal information you provide will be dealt with under such third party’s privacy policy. Some of the links included within our Service might be affiliate links. These links may result in Evo receiving a fee or commission as a consequence of your clicking through to third-party pages or third-party applications or purchasing goods or services from them.
HOSTING AND SUPPORT SERVICES
Optional Hosting and Support services may be provided by Evo under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.
HTTPS
We offer HTTPS as a paid add-on. By signing up and using a custom domain on evo.gg, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
Enterprise Enterprise Hosting services are provided by Evo under the terms and conditions for each such service, which are determined by a customer-specific contract. By signing up for an Enterprise Hosting account you agree to abide by such terms and conditions.
PAYMENT AND RENEWAL
General Terms Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay Evo the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.
AUTOMATIC RENEWAL
Unless you notify Evo before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.
ATTRIBUTION
Evo reserves the right to display attribution links such as ‘Powered by evo.gg’, theme author, and font attribution in your content footer.
INDEMNITY
You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by Evo as a result of: (a) your use of the Service and/or Content other than as permitted under these Terms of Use; and/or (b) your breach of these Terms of Use. You agree to indemnify us in full against any third party liabilities, claims, costs, loss, or damage incurred as a result of any breach by you of these Terms of Use.
GENERAL
Evo makes no claims that the Content and/or Service are appropriate or may be downloaded and/or used outside of the United States of America or the other jurisdictions specifically targeted by Evo (if any). Access to and use of the Service and/or Content may not be legal by certain persons or in certain countries. If you access, use, and/or download the Service and/or Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Evo and its Licensors and Partners, No Reliance on Information, Use Restrictions, Submission of Ideas, Indemnity, Purchases, Viruses, Trademarks, Applicable Laws, Waiver and Severability, and Complete Agreement.
APPLICABLE LAWS
Subject to the provisions of applicable law, these Terms of Use are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and Evo hereby expressly consent to and agree that any and all disputes, claims, controversies, or causes of action arising out of or relating to the Terms of Use or the Privacy Policy or in connection with any matters related to the Service (each, a “Claim”), shall be: (a) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (b) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. If, as required by applicable law, a Claim may not be arbitrated, you and Evo hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any such Claim.
WAIVER AND SEVERABILITY
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICE AND TAKE DOWN PROCEDURES
If you believe the Content (or any part thereof) accessible on or from the Service infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Service by contacting Evo (address identified below) and providing the following information:
- identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
- your name, address, telephone number, and (if available) email address;
- a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
- a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner; and
- a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.
Our address for intellectual property rights issues relating to the Service is as follows:
E-SPORTS EVOLUTION, LLCAttn: Legal CounselAddress: 9 E. Loockerman St., Suite 311, Dover, DE 19901Email: legal@evo.gg
In an effort to protect the rights of intellectual property rights owners, Evo maintains a policy for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.
COPYRIGHT AND TRADEMARKS
Unauthorized use of any of Evo, Evo’s parents, owners, subsidiaries, and affiliates (or any partner or contractor thereof) trademark, service mark or logo is prohibited, and may be a violation of federal and state trademark law.
VIRUSES
We do not guarantee the Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform in order to access and use the Service. You should use your own virus protection software. You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the server on which the Service is stored, or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offense under applicable law. Evo will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
MISCELLANEOUS
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Evo, and you do not have any authority of any kind to bind Evo in any respect whatsoever. You and Evo agree there are no third-party beneficiaries intended under these Terms. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Evo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf Evo on the Service, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Evo with respect to the use of the Service and Content. This Agreement may only be modified by a written amendment signed by an authorized executive of Evo, or by the posting of a revised version by Evo.