April 1, 2021
PLEASE READ AND MAKE SURE YOU UNDERSTAND ALL THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE BATTLEFY SERVICES. THIS IS A BINDING CONTRACT.
1. Amendments and Changes
YOUR SOLE REMEDY IS TO CEASE ACCESSING, BROWSING AND OTHERWISE USING THE SERVICES.
3. Copyrights and Trademarks
The information and materials provided on or through the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Hyperluxe or its licensors. The Services, including all Services software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Hyperluxe Gaming and will remain the exclusive property of Hyperluxe. You acknowledge that the Services are protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials. You shall not challenge, contest or otherwise impair Hyperluxe’s ownership of the Services and the content therein.
The trademarks, logos, and service marks displayed on or in the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of Hyperluxe and Hyperluxe’s advertisers, licensors, suppliers and others. The Trademarks owned by Hyperluxe, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Hyperluxe, in any manner that is likely to cause confusion with customers, or in any manner that disparages Hyperluxe. Nothing contained on or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Hyperluxe, Hyperluxe’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited.
4. Limited License, Access and Accounts
4.3. Account Security: Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify Hyperluxe immediately if you believe that your Account username and/or password have been compromised.
4.4. Rules Related to Battlefy Account Names: When you create an Account, you will have to create a username. Your username may be visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the Services,
including, without limitation, usernames (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If Hyperluxe finds a User Identifier for any type of account, including, without limitation, an individual user account or a tournament organizer account, to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your Account. In particular, you may not use any User Identifier:
1. Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious, including, without limitation,, impersonating any Hyperluxe agent or employee or any other Hyperluxe community user;
2. That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or racially, ethnically or otherwise objectionable;
3. That is subject to the rights of any other person or entity without written authorization from that person or entity;
4. That belongs to a popular culture figure, celebrity or media personality;
5. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
6. Belonging to any religious figure or deity;
7. Related to drugs, sex, alcohol, or criminal activity;
8. Comprised of partial or complete sentences (e.g., “trollu4fun”);
9. Comprised of gibberish (e.g., “fdsjmfidszx”);
10. Uses any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space; or 11. Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).
1. Violate any applicable law, regulation, or contract or use the Services or Materials for any unlawful purpose;
2. Use the Services to run tournaments or competitions for games of chance or to conduct gambling;
3. Offer cash prizes where it is prohibited by law;
4. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including, without limitation, rights of privacy or publicity);
5. Access the Services to participate in a tournament that violates any law where you reside or that you are subject to;
6. Create, distribute or use any third party software, including, without limitation, “mods,” cheats, addons or hacks, designed to change or manipulate tournaments;
7. Misrepresent yourself in any way;
8. Make any false, misleading, or inaccurate statements;
9. Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
10. Commit any actions considered to be unethical;
11. Impersonate any person or entity, including any employee or representative of Hyperluxe;
12. License, create derivative works from, any information, content obtained from the Services;
13. Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
14. Access or attempt to access parts of the Services for which you are not authorized by Hyperluxe, circumvent or attempt to circumvent any security or password protection on or in the Services, access the Services by any means other than through the interface that is provided and authorized by Hyperluxe;
15. Modify any software for the Services in any manner or form, nor use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the Services;
16. Use the Services to harm minors in any way;
17. Engage in spamming or flooding;
18. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
19. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
20. Remove any copyright, trademark or other proprietary rights notices contained on or in the Services;
21. “Frame” or “mirror” any part of the Services;
22. Stalk or otherwise harass another; or
23. Harvest or collect information about Services visitors, users or Account holders without their express consent.
Hyperluxe reserves the right to permanently suspend or terminate your Account and your access to the Services, and/or disqualify you from receiving any prize(s) offered by the tournaments, if it suspects that you have violated any of the User Rules.
4.6 Interruption of Service: Hyperluxe cannot guarantee that your use of the Services will be uninterrupted. You agree not to hold Hyperluxe liable for any interruption of service of the Services.
5. Links to Other Websites
YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY HYPERLUXE, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We operate official pages on social media platforms (including, without limitation, Facebook and Twitter) in relation to the Services (collectively, the “Social Media Pages”). You accept that the Social Media Pages may feature certain of your personally identifiable information (“Publicity Content”). You further acknowledge and agree that we have no responsibility for posts made by third parties on Social Media Pages. You hereby grant us an exclusive, worldwide, irrevocable, sub-licensable, transferable license to edit, distribute and exploit the Publicity Content in all media, including, without limitation, print, television and internet, which media may be used in more than one country. You hereby waive all “moral rights” in any Publicity Content featuring you and give to us all the consents that we need to exploit these items in any media without limitation so far as possible in perpetuity.
7. Fees and Payments
7.1. Fees and Payments: Some aspects of the Services require you to pay a fee. You may also purchase certain subscriptions to the Services and/or digital or physical products through the Services. You agree to pay all fees, payments and applicable taxes incurred by your Account that you use to access the Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Services, you (a) agree to pay the price for such products set forth in the Services, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize Hyperluxe to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
7.2. Return and Refund Policy: All sales on or through the Services are final. Except as provided herein, there are no refunds or returns for the purchase of a subscription to the Services. If you reside in the European Union and you purchase a product or service from Hyperluxe, you may have the right to withdraw from a purchase within fourteen calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. EXCEPT AS SET FORTH HEREIN WTH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, (I) ALL SALES THROUGH THE SITE AND HYPERLUXE SERVICES ARE FINAL; AND (II) YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. EXCEPT AS SET FORTH HEREIN WITH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, WE DO NOT ISSUE ANY REFUNDS OR OFFER ANY EXCHANGES OF ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE.
7.3. Changes to Services, Products and Pricing: Hyperluxe may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Services or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. Hyperluxe reserves
the right to change prices for the Services or any products displayed on or in the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new prices to the Services.
7.4. Order Acceptance/Confirmation: Once we receive your order, we may provide you with an email order confirmation. Any receipt of an order confirmation, however, does not signify Hyperluxe’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Hyperluxe reserves the right at any time after receiving your order to accept or decline your order for any reason. If Hyperluxe cancels an order after you have already been billed, then Hyperluxe will refund the billed amount.
7.5. Shipment of Products: Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of physical products purchased by you through the Services will be delivered within the time period specified for the delivery method you have selected.
7.6. Consumers Only : Hyperluxe sells and ships products to end-user customers only. You may not purchase products on or in the Services for resale, and we reserve the right to refuse or cancel your order if we suspect you are doing so.
8. Rules for Sweepstakes and Other Promotions.
9. Notice for Claims of Copyright Infringement.
If you are a copyright owner or agent thereof and believe that content posted on or in the Services by a Hyperluxe user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you claim has been infringed;
3. The URL of the location on our website containing the material that you claim is infringing;
4. Your address, telephone number, and email address;
5. 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; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached at:
Hyperluxe Gaming LLC
109 North State Street
Jackson, Mississippi 39201
Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
The Services are operated by Hyperluxe in the United States and Canada. Those who choose to access the Services from locations outside the United States and Canada do so at their own initiative and are responsible for compliance with applicable local laws.
11. Tournament Organizers, Prizes and Rewards
We help organizers create and manage competitions for online video game tournaments and help gamers find tournaments to join. Each tournament is different because it is subject to the parameters set by the organizer through the Site, including, without limitation, interactions and rankings among event attendees, communications and the awarding of prizes, if any. By using the Services, you agree to these additional parameters and agree to receive communications from the organizer subject to applicable laws. Further, any communications from organizers, including, without limitation, any representations, content or links supplied or promises of prizes or rewards, are made solely by the organizers .Hyperluxe is not responsible for monitoring organizers’ communications or administering any prizes or rewards. Even if we provide any assistance in the administering of prizes or rewards, the tournament organizer still remains responsible for the determination of eligibility and the distribution of any prizes or rewards.
Hyperluxe cannot guarantee that any tournament organizer who hosts an event through the Services will distribute advertised or promised prizes or rewards. You participate in the Services at your own risk and agree that Hyperluxe is not responsible for any tournament prizes offered by tournament organizers.
12. DISCLAIMER OF WARRANTIES THE SITE, THE MATERIALS AND THE BATTLEFY SERVICES, AND ANY PRODUCT OR SERVICE CONTAINED THROUGH ANY OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERLUXE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BATTLEFY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE, AND/OR THE HYPERLUXE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE HYPERLUXE SERVICES IS AT YOUR SOLE RISK. HYPERLUXE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE HYPERLUXE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SITE OR THE HYPERLUXE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE BATTLEFY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERLUXE DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT HYPERLUXE SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
13. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATTLEFY, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND OTHER BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR THE BATTLEFY SERVICES, EVEN IF HYPERLUXE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HYPERLUXE IS NOT LIABLE FOR ANY INTERRUPTION OF SERVICE OF THE CLIENT GAMES. HYPERLUXE AND/OR THE RELATED PARTIES ARE NOT LIABLE FOR ANY ACTIONS OF TOURNAMENT ORGANIZERS OR THEIR FAILURE TO DISTRIBUTE PRIZES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF HYPERLUXE OR ANY OF THE RELATED PARTIES, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE AND $100 USD.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Hyperluxe and its affiliates shall be limited to the fullest extent permitted by law.
15. Dispute Resolution and Governing Law
16. Binding Arbitration
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Claim (“Notice”). Any Notice to us should be addressed to: CEO, c/o Hyperluxe Gaming, LLC., located at 109 North State Street Jackson, Mississippi 39201 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we and you do not reach an agreement to resolve the Claim within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
16.4 AAA Rules :
16.5 Arbitrability :
16.6 WAIVER OF CLASS-WIDE PROCEEDINGS:
more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason the prohibition on class arbitration in this subsection 16.6 is not or cannot be enforced, then the agreement to arbitrate will not apply.
The arbitration will be conducted in Jackson, MS, unless the parties agree to video, phone and/or internet connection appearances. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the applicable AAA Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted.
16.9 Judicial Process:
This arbitration agreement is not intended to modify or limit the remedies available to either party, including the right to seek interim relief, such as injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.
You and Hyperluxe agree that if any portion this Section is found illegal or unenforceable (except any portion of subsection 16.2), that portion shall be severed and the remainder of the Section shall be given full force and effect. If subsection 16.2 is found to be illegal or unenforceable, then neither you nor Hyperluxe will elect to arbitrate any Claim falling within that portion of subsection 16.2 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Hinds, State of Mississippi, United States of America, and you and Hyperluxe agree to submit to the personal jurisdiction of that court.
17. Term and Termination
18.2 Force Majeure: Hyperluxe shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Hyperluxe, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Hyperluxe’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
18.9 Notices: Hyperluxe may provide you with notices, including those regarding breaches of security, by email, regular mail or postings on or in the Services. All notices from you to Hyperluxe must be sent to Hyperluxe Gaming, LLC. 109 North State Street Jackson, Mississippi 39201 or [email protected], and such notices will be deemed received the next day if sent via email, overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.