Last Updated: September 9, 2017
Welcome to eSports Amateur Competitors’ League’s (“EACL”, “our”, “us” or “we”) website, www.theeaclopp.com (the “Site”). If you (“you”, “your” “User”) visit or use the products or services offered at the Site (collectively “EACL Service(s)” or the “Service(s)”) you accept these Terms and Conditions. Please read these Terms and Conditions (“Terms”) and EACL’s Privacy Policy carefully (the “Privacy Policy”) before using EACL. Collectively, the Terms and Conditions and Privacy Policy are the “Agreement.”

YOUR USE OF EACL CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY. If you do not agree to be bound by the Terms and Conditions or Privacy Policy in its entirety, then you must immediately stop using EACL Services. 

These Terms and Conditions are subject to change at any time, effective upon posting of the Terms and Conditions on EACL. Your use of EACL after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms and Conditions to see if they have been changed.

Use of the Services on EACL are void where prohibited.

To access or use the other products and Services on the website, or the products and Services found at EACL, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law and/or an authorized representative of a company organization or other entity.

 

 

Export Control Laws

The Services, content and your use of the Services and content are subject to U.S. and international laws, restrictions and regulations that may govern the import, export and use of the Services and content.  You agree to comply with all the laws, restrictions and regulations.

Term and Termination

This Agreement is effective from the date that you first access EACL or submit any information to EACL, whichever is earlier, and shall remain effective until terminated in accordance with this Agreement. We may immediately terminate or change this Agreement, and/or your access to and use of EACL, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use EACL shall immediately cease, and you shall destroy all copies of information that you have obtained from EACL, whether made under this Agreement or otherwise. All disclaimers and all limitations of liability and all our rights of ownership shall survive any termination.

Fees and Payment Policy

EACL may charge fees in relation to Services that we offer. If you choose a Service that charges a fee, you agree to EACL storing your payment card information. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified. Users must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. You agree to reimburse us for all collection costs and interest for any overdue amounts.

You expressly agree that any inquiries or disputes regarding any transaction fee must be made within thirty days after the transaction is made. Notwithstanding such inquiries, you agree and acknowledge that the decision of EACL regarding such transaction fee inquiries is final. You also expressly agree in no event shall EACL be liable for any damages in excess of the amount of the fee that you paid for a Service, if any, nor shall EACL be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of EACL.

EACL is not responsible for your use of payment card Services. You must resolve any disputes directly that you may have with payment card Services directly with the payment card Service provider.

No Refunds

No refunds will be provided once the User’s account has been charged.

At EACL’s sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by EACL.

No Recommendation Or Invitation To Invest

No information on this Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities in EACL and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities. If you are considering an investment you should make your own, independent assessment and take appropriate independent professional advice.

Modifications To The Service

EACL reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information on EACL with or without notice. EACL will not be liable to any party for any modification or discontinuance of its Services.

Online Competitions

If you take part in any competition which is run on or through this Website or any other EACL Site or Server (“Competition”), you agree to be bound by the Terms and Conditions and any other rules specified by EACL from time to time (collectively, the “Competition Rules”) and by the decisions of EACL, which are final in all matters relating to the Competition. EACL reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read on EACL is owned by EACL or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. EACL owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from EACL without EACL’s express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of EACL and/or the relevant right holder.

The service marks and trademarks of EACL, including without limitation EACL and EACL logo are service marks owned by EACL. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, if you believe that your intellectual property rights have been violated, please provide our Copyright Agent (identified below) the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on EACL;
• your address, telephone number, and email 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright infringement can be reached as follows:

By email: info@theeaclopp.com

DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE ARE PROVIDED BY EACL ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EACL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NONINFRINGEMENT. EACL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF EACL.

EACL DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM EACL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EACL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

EACL MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.

EACL MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF ITS SERVICES OR TIMELINESS OF ITS SERVICES.

 

 

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF EACL, THE INTERNET GENERALLY, AND THE CONTENT DOCUMENTS YOU ACCESS ON EACL.

IN NO EVENT SHALL EACL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM:

• (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON EACL;
• (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SERVICES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO EACL;
• (III) THE SERVICES FOUND AT EACL OR ANY SERVICES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO EACL;
• (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
• (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER;
• (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN;
• (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SERVICES OR ANY SERVICES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SERVICE;
• (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SERVICES OR ANY SERVICES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SERVICE; AND/OR
• (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF EACL OR THE SERVICES FOUND AT EACL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT EACL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO EACL OR THE SERVICES FOUND AT EACL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL EACL’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF EACL OR THE SERVICES FOUND AT EACL.

INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS, SUBSIDIARIES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIM, LOSS, EXPENSE OR DEMAND OF LIABILITY, INCLUDING ATTORNEYS’ FEES AND COSTS INCURRED, IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE. EACL RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO YOUR INDEMNIFICATION. YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF EACL.

General Provisions

These Terms and Conditions and the Privacy Policy constitute the entire Agreement between you and EACL with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of EACL, its successors and assigns.

Dispute Resolution; Governing Law; Jurisdiction; Venue; Waiver of Trial by Jury

To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms and Conditions (“Dispute”), you and EACL agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to EACL. Notices should be submitted by email to: info@theeaclopp.com.

If the Dispute is not resolved within thirty (30) business days following notice of the Dispute to the other party, then the Dispute shall be resolved in a binding arbitration proceeding to be held in California. The parties agree that EACL will have sole right to select the arbitrator. The arbitrators may award attorneys’ fees and other related arbitration expenses, as well as pre- and post-judgment interest on any award of damages, to the prevailing party, in their sole discretion. Any award of the arbitrators shall be deemed confidential information for a minimum period of five years, except to the extent public disclosure of such information is required by applicable securities laws or regulations.

These Terms and Conditions shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of these Terms and Conditions shall be brought in the state or federal courts of Orange County, California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Orange County, California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms and Conditions. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. EACL will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms and Conditions.

No Waiver

Failure by EACL to enforce any provision(s) of this User Terms and Conditions will not be construed as a waiver of any provision or right. It will be governed by and construed in accordance with the governing law herein.

Links to Other Web Services

Links (such as hyperlinks) from EACL to other websites on the Web do not constitute the endorsement by EACL of those websites or their content. Such links are advertisements or provided as an information service, for reference and convenience only. EACL does not control any such website, and is not responsible for their content. The existence of links on EACL to such websites (including without limitation external websites that are framed by EACL as well as any advertisements displayed in connection therewith) does not mean that EACL endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites.

The use of any website controlled, owned or operated by third parties is governed by the terms and Terms and Conditions and privacy policies for those third-party websites, and not by EACL’s Terms and Conditions of Service or Privacy Policy. You access such third-party websites at your own risk. EACL expressly disclaims any liability arising in connection with your use and/or viewing of any website or other material associated with links that may appear on EACL. You hereby agree to hold EACL harmless from any liability that may result from the use of links that may appear on EACL.

Titles and Headings; Independent Covenants; Severability

The titles and headings of these Terms and Conditions are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms and Conditions shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms and Conditions to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms and Conditions shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Contact Information

If you have any questions about these Terms and Conditions, please contact us by email at info@theeaclopp.com

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE THAT MY USE OF EACL IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.