Last Modified on February 3rd, 2022
Welcome to the High School Esports League! Now that you’re here, we would like to explain some rules for using our website, highschoolesportsleague.com (the “Website”), and any services provided in connection with the Website (collectively with the Website, the “Services”).
1. YOUR DATA PRIVACY AND SECURITY
Unfortunately, we can’t guarantee that unauthorized third parties will never be able to defeat our data security protocols or misuse your personal information. Accordingly, you acknowledge that any personal information you share is provided at your own risk.
2. YOUR HSEL ACCOUNT
You’ll need to create an account with HSEL to use most of our Services, such as participating in HSEL esports tournaments (“Tournaments”). You must register with HSEL as either a student competing in HSEL Tournaments (“Student”), a parent or guardian representing a participating student (“Parent”), or a school coach, supervisor, or another official who supervises Students’ participation in HSEL Tournaments (“School”).
Here are a few other rules about Student, School, and Parent Accounts with HSEL (collectively, “HSEL Accounts”):
A. Account Registration. When registering your HSEL Account, you must provide accurate and complete information. You must also keep this information up to date, and any failure to do so may result in the termination of your HSEL Account. To the extent permissible by applicable law, HSEL reserves the right to accept or deny any Users’ registration for a HSEL Account for any or no reason. The Service is not available to any Users whose accounts have been terminated by HSEL.
B. Account Security. Access to certain features of the Services requires a valid HSEL Account and is subject to payment of the applicable license fee(s). You are responsible for maintaining the confidentiality of your HSEL Account information, password, and username, including logins distributed to authorized Users. You are responsible for all uses of your HSEL Account, and you agree to promptly notify us of any unauthorized use of your HSEL Account. You are responsible for any archiving data back-up for your own purposes. You are also responsible for security and encryption of any confidential or sensitive data.
C. Age Requirement. You must be at least 13 years of age to create an HSEL Account. However, a Parent may create an account on behalf of a child under the age of 13 in order to authorize use of our Service. In all cases, we will not knowingly collect, use, or distribute personal information from children under the age of 13 without prior verifiable consent from a parent or guardian.
D. School Accounts. School officials, including coaches, club administrators, and other faculty, may register for HSEL School Official Accounts (“School Official Accounts”) to manage Students from the School who seek to participate in Tournaments through our Services. If you establish a School Official Account on behalf of a school, organization, or other entity, then (1) “you” includes you and that entity, and (2) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.
To register for a School Official Account, you: (1) must complete a School sign up form and identify your school affiliation, (2) must not be a Minor or a Student, and (3) must be an employee of the School that the Students on your team attend. HSEL may require you to provide evidence of employment with the School that is satisfactory to HSEL, as determined by us at our sole discretion. Once you submit your application for a School Official Account, you will undergo verification of your identity, your educational affiliation, and other criteria that may be determined by HSEL at its sole discretion (the “School Verification Process”). Applications are manually reviewed by HSEL staff and may take up to two (2) business days to be reviewed. HSEL reserves the right to accept or reject your application for a School Account for any or no reason.
Users approved for a School Account (“School Account Administrators”) will be able to exercise certain options to determine the participation of Students in HSEL Tournaments on behalf of the School, including, without limitation, verifying that Students attend the School and adding and removing Students to the roster for the School’s team. School Account Administrators will also be solely responsible for their Students’ compliance with, and enforcing, any requirements imposed by the Students’ School, including, but not limited to, any academic eligibility requirements; provided however, that HSEL reserves the right to remove any Students from a School’s team roster for the Students’ failure to comply with any School requirements, the terms and conditions of this Agreement, or for any other reason that HSEL may determine at its sole discretion, with or without notice to the School or the Student. HSEL disclaims any and all liability arising from any Student’s removal from a School’s team roster or the Service.
E. Student Accounts. To access and use the Service and participate in HSEL Tournaments as a Student, you must register for a Student Account by identifying yourself at the time of registration as a Student and identifying your school affiliation. HSEL reserves the right to require you to provide proof of enrollment in your identified school in any method and manner as may be determined by HSEL at its sole discretion.
Once we verify your Student Account, you will not be able to participate in HSEL Tournaments on behalf of your School unless and until a School Official adds you to the School’s team roster for the relevant Tournament. By creating a Student Account, you acknowledge and agree that HSEL shall have no liability for your denial or removal from any School team roster.
F. Parent Accounts. For students under the age of 13 that wish to participate in HSEL Tournaments, a parent or guardian must sign up on their behalf (“Parent Account”). We do not allow students under the age of 13 to create an account on our platform. HSEL collects certain information about Parents/Guardians, including their name, email, phone, School (name, city, state), and current grade of their participating student. A participating student’s GamerTag may be requested and/or required for participation in specific games. No personally identifying data will be collected on the participating student when under the age of 13.
G. Communication. By providing HSEL with your email address and/or telephone number, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of correspondence via postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and promotional offers. We may use your telephone number to send SMS notifications regarding your match schedule. If you do not want to receive such electronic messages or want to otherwise alter your HSEL Account, please email us at email@example.com. However, opting out may interfere with your ability to receive important messages regarding security updates, new features, and/or Service enhancements.
By using our Services, you agree to the pricing terms set forth on our Website (which may be updated from time to time) or otherwise set forth in an agreement with HSEL. In order to participate in HSEL Tournaments, you must have Internet access and provide us with accurate, complete, valid, and current payment information (and update that information as necessary to keep it current). Fees are due and payable on a per-season basis and become due when you sign up for a season of play in a Tournament. Users may be required to provide a credit card, debit card, or another similar payment method (“Payment Method”) in order to create an HSEL User Account and use the Service. Students can pay for their own licenses, and Schools can pay for their Students.
HSEL will automatically charge your Payment Method for fees when due, and you hereby authorize HSEL to bill such fees and applicable taxes to your Payment Method. If there is no Payment Method associated with your HSEL User Account, we will send you an invoice for the fees due, which you must pay within thirty (30) days of your receipt. You acknowledge that the amount billed may vary due to promotional offers and changes in applicable taxes, and you authorize us to charge your Payment Method or invoice you for the corresponding amounts. Any amounts not paid on time in accordance with this Section will bear interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.
4. YOUR CONTENT
Our Services allow Users to upload, post, and otherwise display content, including documents, images, and various digital content (“User Content”).
By providing or sharing User Content through our Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to HSEL a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and HSEL’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms of Service.
C. Disclaimer of Liability for User Content. HSEL assumes no responsibility or liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over our Services. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that HSEL shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
5. YOUR USE OF OUR SERVICE
B. Minors. Users who are over the age of 13, but under the age of 18 (a “Minor”), may only use or access HSEL’s Services with the consent of, and under the supervision of, an individual who has the capacity to form a binding contract and who has parental responsibility over you, whether as a parent, guardian, or otherwise (a “Parent”). If you are a Parent, you represent and warrant, by you or your Minor accessing or otherwise using the Service, that you: (1) have read and agree to the terms and conditions of this Agreement on your and your Minor’s behalf; and (2) that you give your consent to your Minor’s use of the Service. Any access or use of the Service by a Minor without the consent and supervision of their Parent is strictly prohibited and in violation of this Agreement. If you are a Minor opening a HSEL Account, then “you” as used herein (unless context requires otherwise) includes both you and your Parent.
C. Access to Services. You must provide your own computer hardware and software necessary to connect to the Services, including internet access and, if applicable, a suitable mobile device, according to the optimal use standards and specifications we stipulate from time to time. The Services may experience temporary downtime as we perform routine maintenance or updates. While we try to ensure our Services are available 24 hours a day, we are not liable if, for any reason, our Services are unavailable for any period of time.
D. Third-Party Services. By connecting to HSEL with a third-party service, such as a game provider, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
- Text Messaging. When you opt-in to text messaging services, including SMS and MMS (collectively the “SMS Service”), we will send you an SMS message to confirm your signup. Message frequency varies. You may cancel the SMS Service at any time. Reply “STOP” to cancel. The SMS Service is provided by participating third-party mobile phone/wireless carriers. Message and data rates may apply. If you have any questions regarding your text or data plan, please contact your mobile phone/wireless carrier. Carriers are not liable for delayed or undelivered messages. If you have any questions regarding HSEL’s SMS Service, you may email us at: firstname.lastname@example.org.
E. Tournament Rules. Any Users participating in HSEL Tournaments must adhere to our General Tournament Rules and all applicable game rules (collectively, the “League Rules”). HSEL reserves the right to add, remove, or otherwise alter all rule sets without notice.
6. INTELLECTUAL PROPERTY RIGHTS
A. Our IP Rights. Unless otherwise stated, HSEL and its third-party licensors own any and all intellectual property rights (“IP Rights” and all right, title, and interest in and to the Services (including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users), along with any desktop interface, materials, or documentation (collectively, “HSEL Content”) that accompanies or interfaces with the Services. HSEL owns all right, title, and interest in and to the trademarks HSEL® and other associated marks adopted by HSEL from time to time.
B. Sharing Your Ideas. We love to hear suggestions and ideas from our Users because they can help us grow, improve, and customize our Services. Any unsolicited ideas or other materials you submit to HSEL (not including Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
C. Alleged Infringement. HSEL strives to respond promptly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing content. Accordingly, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify HSEL’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit HSEL to contact you, such as your address, telephone number, and, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
High School Esports League, Inc.
Address: 908 Baltimore, 2nd Floor
Kansas City, MO 64105
8. WARRANTIES AND LIMITATION OF LIABILITY
A. Warranties. Use of our Services is undertaken at your own risk. HSEL’s Services are provided on an “as is” basis without warranties, conditions, or representations of any kind. HSEL expressly disclaims, to the fullest extent permitted by applicable law, any warranty or condition, express of implied, statutory or otherwise, whether arising from trade or course of dealing, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from HSEL or through our Services will create any warranty not expressly stated herein. Without limiting the foregoing, HSEL, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of software bugs, viruses or other harmful components. Any content downloaded or otherwise obtained through the use of our Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of our Services.
B. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall HSEL, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will HSEL be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your HSEL Account or the information contained therein.
To the maximum extent permitted by applicable law, HSEL assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (4) any interruption or cessation of transmission to or from our Services; (5) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party; (6) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services; and/or (7) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall HSEL, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to HSEL hereunder or $100.00, whichever is greater.
You agree to defend, indemnify, and hold harmless HSEL, along with its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to our Services, including any data or content transmitted or received by you; (2) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (3) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (4) your violation of any applicable law, rule or regulation; (5) User Content or any content that is submitted via your HSEL Account including without limitation misleading, false, or inaccurate information; (6) your willful misconduct; or (7) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
10. DISPUTES WITH OTHER USERS
Should you have a dispute with another User of HSEL’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. While you are solely responsible for your interactions with other Users, HSEL reserves the right, but has no obligation, to monitor disputes between you and other Users. You release HSEL from any claims, demands, and damages arising out of your interactions with other Users or third parties.
11. DISPUTES WITH HSEL
We hope to informally resolve any dispute with our Users. If you’re having a problem, you agree to reach out to us at email@example.com prior to taking any formal legal action. If we can’t work it out, any dispute must be resolved in accordance with the provisions below.
A. Governing Law. HSEL is based in Kansas City, Missouri, so this Agreement is governed by the laws of the State of Missouri, without regard to its conflict of laws rules, and the laws of the United States of America.
B. Arbitration. You and HSEL each agree to resolve any claim, dispute, or controversy (excluding certain claims for injunctive or other equitable relief discussed herein) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Kansas City, Missouri, unless you and HSEL agree otherwise.
If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (1) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (2) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (3) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in our informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing HSEL from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
C. Class Action/Jury Trial Waiver. All Claims, whether brought by persons who use the Service for personal, commercial, or other purposes, must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceedings. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and HSEL are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceedings of any kind.
D. Forum. Any legal action against HSEL related to our Services must be filed and take place in Jackson County, Missouri. For any actions not subject to arbitration and/or for any appeals of an arbitration award, you agree to submit to the personal jurisdiction of a state or federal court located in Jackson County, Missouri.
12. LEGAL CLARIFICATION
Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree with the new terms, you must discontinue your use of our Services.
14. CONTACT INFORMATION