PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED 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.
Effective date: March 3, 2021
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.
USE RESTRICTIONS AND REQUIREMENTS
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.
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
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
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.
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 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
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.
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.
Evo reserves the right to display attribution links such as ‘Powered by evo.gg’, theme author, and font attribution in your content footer.
WAIVER AND SEVERABILITY
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, LLC
Attn: Legal Counsel
Address: 9 E. Loockerman St., Suite 311, Dover, DE 19901
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.
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.