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GENERAL TERMS AND CONDITIONS OF USE

Last Updated May 05, 2016

IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF ESLIVEGAMING

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING ESLIVEGAMING, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

ESLIVEGAMING MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. ESLIVEGAMING MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

USER AGREEMENT

ESLIVEGAMING owns and operates the Website that links to these Terms of Use. We are pleased to offer you access to our Website and the ability to participate in our eSports contests of skill, other content, products, services, and promotions (collectively the "Services") that we may provide from our Website, subject to these Terms of Use (the "Terms of Use", or “Terms”), our privacy policy (the "Privacy Policy") and the Official Rules and Regulations for the applicable contests and promotions (the "Rules" or "Rules and Scoring,".

CONSIDERATION

You agree to these Terms of Use by accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE. These Terms of Use constitute a legal agreement between YOU and ESLIVEGAMING, and shall apply to your use of the Website and the Services even after termination.

Description Of Service

ESLIVEGAMING is a site that enables gamers to set up free or cash based contests in competitive skill games including, but not limited to League of Legends or Fifa16. Participants (and only participants) in such contests will be able to place a pre-agreed amount of money as a Buy in or fee and the winner of the contest wins the total amount placed, minus a commission fee for us. ESLIVEGAMING contest services are categorized as Games of Skill and the cash or prize winnings of any player or team are the result of skill, not chance. Registered users who participate in cash based contests must first have deposited their Buy in’s and/or fee’s with the offered depositing methods to ESLIVEGAMING before the Event started.

GENERAL

ELIGIBILITY

You must be at least 18 years of age to participate in contests with Buy in’s or fee’s offered by the Website. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. You must be a citizen or resident of a country (“Territory”) where skill gaming is legal. You must be physical located in a Territory in which participation in the Service you select, or the Site is unrestricted by applicable laws.

Non-United States: Since you are subject to all laws of the state, province and/or country in which you reside and from which you access the Website, you are solely responsible for obeying those laws. You agree that ESLIVEGAMING cannot be held liable if laws applicable to you restrict or prohibit your participation. ESLIVEGAMING makes no representations or warranties, implicit or explicit, as to your legal right to participate in any contest offered on or through the Website, nor will any person affiliated with or claiming affiliation with ESLIVEGAMING have authority to make any such representations or warranties. At the time these Terms of Use were last updated, territories where participation in “For Cash” tournaments is prohibited (or where we believe it is illegal) included Belgium, The Cayman Islands, Denmark, Iran, Iraq, Israel, Italy, North Korea, Saudi Arabia, Turkey, Tasmania and the Vatican City.

Additional Information for U.S. Citizens and Residents: The laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by each individual state, not by the federal government. As such, ESLIVEGAMING CANNOT, and therefore DOES NOT, offer fee-based contests and tournaments or games with prizes to residents of the following states: Arizona, District of Columbia, Florida, Illinois, Kansas, Kentucky, Maryland, North Dakota, Vermont and Louisiana. Therefore we do not offer paid entry games to residents of those states.

If you open an account and/or participate in any contest offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated and all winnings (if any) voided.

All players may play free or non-prizing contests on the Site. Players from certain Territories may play entry-fee or cash contests. ESLIVEGAMING is under no obligation to, and does not, accept players from all Territories and may at any time refuse players participate in events with no reason.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

To participate in any Event promoted from ESLIVEGAMING, players must be 18 years or older to participate in such events with Buy ins. Free Buy Events are not subject to age limitations. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

ESLIVEGAMING employees may use the Website, and will from time to time do so for the purpose of testing the site user experience, socializing and competing with customers to build community, and other reasonable and fair uses at the discretion of ESLIVEGAMING.

GAMEPLAY / CONDITIONS OF PARTICIPATION

Users will be able to visit the Website and view the games available for entry (the "Contests"). Each individual Contest that is not free to enter has an entry fee listed in EUR. When you select to participate in a Contest and complete the entry process, the listed amount of EUR has to be paid in advance to ESLIVEGAMING to the given payment method.

Posting a contest: You agree to the appointment of ESLIVEGAMING as your agent for communication with respect to posted contests and communications matching your contests. Posting a contest means that the contest is open for acceptance by the Site’s community.

You do not challenge the Site; you only challenge other users who are registered to use the Site’s Services.

The Site will only allow you to post a contest if you are in compliance with the Terms of Use. If the Site allows you to post a contest and subsequently suspects that you are in breach of these Terms of Use.

You are entirely responsible for the information that you provide us concerning the contest you post. We will not inquire into the reasonableness of any contest you may post. We will not be liable for incorrect entries made by you on the Site, including data input errors.

Once you have posted a contest, you agree to leave that contest open for acceptance or you hide the contest as hidden, subject to termination of the offer by us or your valid cancellation/removal of the offer. ESLIVEGAMING may determine, in its absolute discretion, when the Site is open for the posting of contests and may close the Site at any time in its absolute discretion.

Accepted Contests: When accepting a contest posted on the Site, you are not competing with the Site but exclusivly with other registered users using this Site. Your acceptance of a contest indicates your agreement to be bound by the contest terms and your commitment to play in that game. ESLIVEGAMING reserves the right to cancel your match and retain your entry fee if you fail to play your scheduled game.

By entering a Contest, entrants agree to be bound by these Rules and the decisions of ESLIVEGAMING, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:

  • Falsifying personal information required to enter a Contest or claim a prize;
  • Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
  • Colluding with any other individual(s), engaging in any type of syndicate play or play against yourself;
  • Any violation of Contest rules or the Terms of Use;
  • Accumulating points or prizes through unauthorized methods such as automated scripts, bots, or other automated means;
  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
  • Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
  • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
  • Obtaining other entrants information and spamming other entrants; or
  • Abusing the Website in any way.
  • Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent ESLIVEGAMING from pursuing criminal or civil proceedings in connection with such conduct.

By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless ESLIVEGAMING, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. ESLIVEGAMING may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

ESLIVEGAMING is not responsible for: technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game. Any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

ESLIVEGAMING is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of ESLIVEGAMING corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ESLIVEGAMING RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

All entries become the property of ESLIVEGAMING and will not be acknowledged or returned.

To be eligible to enter any contest or receive any prize, the Authorized Player may be required to provide ESLIVEGAMING with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, ESLIVEGAMING will, in its sole and absolute discretion, utilize certain information collected by ESLIVEGAMING to assist in verifying the identity and/or eligibility of such Players.

Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by ESLIVEGAMING of their status as a potential winner and continuing until such time when ESLIVEGAMING informs them that they no longer need to do so that they will make themselves available to ESLIVEGAMING for publicity, advertising, and promotion activities.

ESLIVEGAMING reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by ESLIVEGAMING in its sole discretion.

CONTEST RESULTS & PRIZES

CONTEST RESULTS

Contest results and prize calculations are based on the final scoring results at the completion of the last eSports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed, except in ESLIVEGAMING'' sole discretion.

ESLIVEGAMING reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, ESLIVEGAMING may, in its sole and absolute discretion, invalidate any head-to-head contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

PRIZES

At the conclusion of each Contest, prizes will be awarded within 24 hours after the Event finished, except in circumstances where technical failure or other reasons prevent such timely payout. Prizes won are added to the winning participants account balance.

Guaranteed prizes are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.

PRIZE TABLES

Contest prize payouts will be published with the creation of each new contest. ESLIVEGAMING reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by ESLIVEGAMING to its customers but will not be required.

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Use.

Payment and Withdrawal of Prizes

If a player meets all requirements to a contest or Event  ESLIVEGAMING may, at its sole discretion, charge fees to participating in such events. To join paid contests, you must provide payment information and make an deposit to the given payment options. Payment is processed through a third-party payment processor PayPal. In future other payment options will be available through our third-party payment processor.

You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that ESLIVEGAMING will not be held liable for any user’s failure to complete a transaction entered into through the Website.

When a member participates in a cash-entry contest or tournament (a "Cash Game"), the entry fees for such Cash Games need to be paid immediately from the contestant. Members should also be aware that the total entry fees paid by members in any given Cash Game are not paid out as prizes, as ESLIVEGAMING retains part of the entry fees paid as a service fee on all Cash Games played. This fee allows for the continued operation and maintenance of the Site and the development of additional features and content for the Site in the future. The amount of the prize (or prizes) for each Cash Game is displayed in the "Payout" field of the contest card and varies depending on the Cash Game being played, the size of the entry fees, the number of prizes, and the number of people playing in the Cash Game. At present, the cash prizes in each cash-entry match represent 80% of the entry fees although this is subject to change without further notice to you. So our commission in general is 20% of the contest entry fees.

Entrants may withdraw their cash prize awards as well as cash deposits through the given payment option on the Website. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification. You need to provide us with a valid passport! Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.

Promotional deposits, credits, and other bonuses may not be withdrawn from a ESLIVEGAMING account unless appropriate terms of the promotion are achieved first by the user.

No substitution or transfer of prize is permitted, except that ESLIVEGAMING reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Any withdrawal requests, after approved by ESLIVEGAMING, will be credited back to the same payment method or PayPal account. Bank transfer is also possible by providing your International Bank Account Number (IBAN) in order for ESLIVEGAMING to make a bank transfer within seven (7) days of providing your IBAN.

All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.

OTHER LEGAL RESTRICTIONS

CONTEST OF SKILL

Contests offered on the Website are contests of skill. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant eSports games. Skills games are games where the outcome of any match or round is determined solely by the skill levels of the player(s) involved. Unlike gambling, there is no element of chance or luck involved in determining match outcomes.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, ESLIVEGAMING may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the ESLIVEGAMING Website. ESLIVEGAMING may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

ARBITRATION, CONSENT TO JURISDICTION IN AUSTRIA

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator in Austria.

In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys'' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.

MISCELLANEOUS

These Terms of Use shall be governed by the internal substantive laws of AUSTRIA, without respect to its conflict of laws principles. Any claim or dispute between you and ESLIVEGAMING that arises in whole or in part from the Terms of Use, the Website or any Contest shall be decided exclusively by a court of competent jurisdiction located in AUSTRIA.

Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless ESLIVEGAMING, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "ESLIVEGAMING Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest. The Website may contain links to third party websites that are not owned or controlled by ESLIVEGAMING. ESLIVEGAMING has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ESLIVEGAMING will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ESLIVEGAMING from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and ESLIVEGAMING.

No professional or amateur eSports league or any team associated with any professional or amateur eSports league is associated with ESLIVEGAMING or in any way affiliated or associated with the Contests.

Third-party online publishers that refer users to the ESLIVEGAMING website shall not be responsible or liable for the ESLIVEGAMING website or any of the content, software, or functions made available on, or accessed through, or sent from, the ESLIVEGAMING website.

If any provision of these Terms of Use is deemed invalid by a court of 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 term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ESLIVEGAMING'' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

ESLIVEGAMING reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of ESLIVEGAMING to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

ESLIVEGAMING AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF ESLIVEGAMING IN AUSTRIA AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.