LAST MODIFIED ON JULY 22, 2022
Welcome to Generation Esports!
The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that Generation Esports discloses. If you are bound to more than one agreement with Generation Esports with respect to the Service, and if those agreement terms vary, then the order of precedence is as follows: an agreement executed by Generation Esports and you that expressly supersedes all other agreements, an electronic version of an agreement accepted pursuant to an amendment or formal written quote, and any other electronic agreement provided with the Service.
YOUR USE OF OUR SERVICE
A. Limited Right of Access. On the condition you comply with your obligations under this Agreement, and subject to additional terms of any third-party licenses applicable to third-party software included in the Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use our Service for your personal, noncommercial use only and as permitted by this Agreement and the features of the Service. Generation Esports reserves all rights and licenses not expressly granted herein in our Service. We may terminate your right of access at any time for any reason or no reason.
B. Modifications. You agree that Generation Esports has the right to change, modify, add to or discontinue or retire any aspect or feature of the Service at any time without any obligation to give you notice of any changes. From time to time and without notice to you, Generation Esports may, but is under no obligation to, release upgrades, fixes or new versions of the Service, although these upgrades may not be consistent across all platforms and devices. Generation Esports may restrict the time the Service is available and may restrict the amount of use permitted at its sole discretion and without prior notice or additional liability to you.
C. Removal of Access. Generation Esports reserves the right to refuse access to the Service to any User. Your access to the Service is provided with no guarantee of future availability. You agree that Generation Esports may immediately suspend or terminate your access to the Service or any part thereof in the event that: (1) you breach or violate this Agreement or other incorporated agreements or guidelines; (2) Generation Esports discontinues or materially modifies the Service; (3) there is an unexpected technical or security issue or problem; or (4) you engage in fraudulent or illegal activities or a material breach of your obligations under the terms of this Agreement. You further agree that such measures may be taken in Generation Esports’s sole discretion and without any liability to you or any third party.
D. Minors. Users who are over the age of 13, but under the age of 18 (a “Minor”), may only use or access Generation Esports’ Service 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 User Account, then “you” as used herein (unless context requires otherwise) includes both you and your Parent.
E. Access to Service. You must provide your own computer hardware and software necessary to connect to the Service, including internet access and, if applicable, a suitable mobile device, according to the optimal use standards and specifications we stipulate from time to time. We are not responsible for the failure of your computer hardware or software to connect to our Service. Generation Esports uses commercially reasonable efforts to maintain the Service, however, Generation Esports is not responsible for any defects or failures associated with the Service, any part thereof, or any damages (either direct or indirect) that may result from any such defects or failures. Generation Esports is not obligated to provide you support for, and shall not be responsible or liable for, any errors of the Service or any damages resulting from your failure to implement the Service on your website(s) in accordance with the Service Documentation. The Service may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which may be undertaken from time-to-time; or (3) causes beyond Generation Esports’s reasonable control or which could not reasonably foreseen. You understand that the Service is provided over the Internet and hosted by a third-party provider, so the quality and availability of the Service may be affected by factors outside of Generation Esports’s control. The Service is not intended to be available 100% of the time and Generation Esports does not make any guarantees regarding the reliability or availability of the Service and will not be liable to you or any third party for damages or losses related to the Service being unavailable.
G. Competition Rules. Any Users participating in Generation Esports Competitions, competitions, online gaming parties, league play, round-robin, elimination, bracket, or other invitational event (collectively, “Competitions”) must adhere to our General Competition Rules and all applicable game rules (collectively, the “Competition Rules”) that are disclosed at the time of participation or otherwise in connection therewith at any time of our choosing. Generation Esports reserves the right to add, remove, or otherwise alter all Competition Rules before start of play without notice.
2. YOUR USER ACCOUNT
You’ll need to create an account with Generation Esports (a “User Account”) to use certain features, functionalities or other offerings made available as part of our Service, such as participating in Competitions.
A. Account Registration. When registering your User 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 User Account. Generation Esports reserves the right to accept or deny any Users’ registration for a User Account for any or no reason. The Service is not available to any Users whose accounts have been terminated by Generation Esports.
B. Account Security. Access to certain features of the Service requires a valid User Account and is subject to payment of the applicable license fee(s). You are responsible for maintaining the confidentiality of your User Account information, password, and username, including logins distributed to authorized Users. You are responsible for all uses of your User Account, and you agree to promptly notify us of any unauthorized use of your User 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 User 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. You are responsible for all activities that occur under your Account and you agree that you shall monitor your Account to restrict use by unauthorized children under the age of 13.
D. User Profiles. Following registration of your User Account, you will be asked to provide information to establish a User profile based on your intended types of use (“User Profile”). The following provides a summary of the User Profiles that may be established on our Service:
- A basic User Profile provides access to the Services and all features, functionalities, and offerings available to a general user (typically a student) without additional administrative privileges. A basic User Profile may involve identification of a particular school you are affiliated with (if you are a student), which may further require certain disclosures confirming the same (e.g., proof of enrollment).
- Other Users may establish a User Profile with elevated privileges based on their relationship to a community of Users or a particular school for which they are affiliated with. For example, if you are a school official such as a coach, club administrator, college recruiter, or other school faculty, you may establish a User Profile that provides you certain administrative access features allowing you to, for example: (i) manage student Users who seek to participate in Competitions through our Service, (ii) verify that student Users attend a particular school and adding and removing student Users to team rosters; (iii) establish and enforce any requirements for student User participation, such as academic eligibility requirements; (iv) access certain performance statistics of Users and observe the performance of Users in a Competition, or (v) contact Users for the purpose of recruiting. Additional information will be requested of you in order to establish this type of User Profile. If you establish User Profile 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. Generation Esports will provide you information regarding the verification and validation process for this type of User Profile at the point of registration, which may include your agreement to additional requirements, restrictions, or limitations regarding your access to Users and their User Content. Applications for elevated User Profiles are manually reviewed by Generation Esports staff and may take up to two (2) business days to be reviewed. We reserve the right to accept or reject your application for a School Account for any or no reason.
- For participants under the age of 13 that wish to participate in Generation Esports Competitions, a parent or guardian must sign up on their behalf as a User and establish a User Profile administered by such parent or guardian. Generation Esports may collect certain information about parents/guardians, including their name, email, phone, school (name, city, state), or current grade of the participant. No personally identifying data will be collected on the participant when under the age of 13. Parents are responsible for all activities that occur under their User Account and parents will accept all responsibility for any unauthorized use of the Service through their User Account by a minor.
E. Communication. By providing Generation Esports 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. You acknowledge that you are not required to consent to receive promotional emails, texts, or calls as a condition of using the Service. We may use your email address to send you other messages, such as changes to features of the Service and promotional offers.
By using our Service, you agree to the pricing terms, conditions, and requirements set forth on our Service or otherwise set forth in an agreement with Generation Esports. Generation Esports reserves the right to change the price of the Service upon notice to you. Such notice may be provided at any time by posting the changes to our website, to your account, or via email. In order to use our Service and to participate in paid events (such as Generation Esports Competitions), 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 in accordance with the payment terms provided at the point of purchase and may include payment options on a per-season basis or based on User profiles. For example, payments may become due when you sign up for a season of play in a Competition. Users will be required to provide a credit card, debit card, or another similar payment method (“Payment Method”) in order to create a Generation Esports User Account and use the Service. The Payment Method may be governed by a separate agreement with a payment provider and you must refer to that agreement, not this Agreement, to determine your rights and liabilities to the payment provider pursuant to your Payment Method. Generation Esports will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Service.
Generation Esports will automatically charge your Payment Method for fees when due, and you hereby authorize Generation Esports to bill such fees and applicable taxes to your Payment Method. If there is no Payment Method associated with your Generation Esports 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. You agree to immediately notify us of any change in your billing address or payment information related to the Payment Method. 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
A. Grant of License. Our Service allows Users to upload, post, create, and otherwise transmit and display content, including documents, images, and various digital content including, but not limited to, Streaming Content (defined below) (collectively, “User Content”). Except as set forth in this Agreement, as between Generation Esports and you, you retain all right, title, and interest in and to User Content. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and right to use such User Content, and you agree that Generation Esports shall not be responsible or liable for the unauthorized access to, alteration of, or deletion, correction, destruction, corruption, damage, loss or failure to secure or store your User Content.
C. Streaming Content. As used in these terms, “Streaming Content” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Generation Esports Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, aggregated, permanently downloaded, or redistributed by the User. For clarity, Streaming Content is defined as part of User Content for purposes of these terms. By submitting Streaming Content through the Service, you hereby acknowledge and agree, in addition to the license grant in Section 4.B. above, that Generation Esports shall have the right and license to commercially exploit the Streaming Content in any medium or media now known or hereafter created and shall owe no compensation to you in any form or format (monetary or otherwise) under any legal or equitable theory, except to the extent expressly agreed to by Generation Esports in a separate agreement.
D. Responsibility for Your User Content. Users are solely responsible for any content uploaded or downloaded through the Service, including any consequences of making User Content available in connection with the use of the Service. By providing or sharing User Content through our Service, you represent, warrant, and covenant that: (1) you have all necessary rights and licenses to grant Generation Esports the rights and licenses set forth herein; (2) you have obtained all consents necessary under applicable law to disclose User Content to Generation Esports; and (3) you will not publish, post, upload, record, or otherwise distribute or transmit any data or other material that: (i) infringes or would infringe any copyright, patent, trademark, trade secret or other Intellectual Property Rights or proprietary right of any party, or any rights of publicity or privacy of any party; (ii) violates any law, statute, ordinance, or regulation; (iii) is inappropriate, profane, defamatory, libelous, obscene, indecent, threatening, harassing, or otherwise unlawful; (iv) is harmful to minors or otherwise pornographic; (v) is materially false, misleading, or inaccurate; and/or (vi) contains information for which you not have the right and license to permit Generation Esports to access and process any User Content.
E. Usage Data. Generation Esports may generate certain data, statistics, and other performance or usage-related information (“Usage Data”) in the course of providing the Service to you. You acknowledge and agree that, as between you and Generation Esports, all Usage Data is and shall remain the property of Generation Esports. Generation Esports may use, aggregate, and share Usage Data for the purposes of providing the Service, conducting research, preparing industry benchmarking reports, product development, troubleshooting, help desk services, error resolution, and other commercial uses subject to applicable law. Such uses may be on a Service-wide basis (in which case, the use is anonymous or on an aggregated basis) or at a User level in connection with the resolution of reported issues or errors in the Service.
F. Feedback. Generation Esports welcomes comments, feedback, information, or materials regarding the Service or any of the other Generation Esports products or services (collectively, “Feedback”). By submitting Feedback to Generation Esports, you agree to assign, and hereby irrevocably assign to Generation Esports, all right, title, and interest, on a worldwide basis, in and to the Feedback and all copyrights, moral rights, and other Intellectual Property Rights embodied in such. Generation Esports will be free to use, copy, distribute, publish and modify the Feedback on an unrestricted basis, without compensation to you.
G. Disclaimer of Liability for User Content. Generation Esports 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 Service. 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 Generation Esports shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
H. Security Measures for User Content. Generation Esports uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Generation Esports does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Generation Esports shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Generation Esports for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY GENERATION ESPORTS HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
5. INTELLECTUAL PROPERTY RIGHTS
A. Our IP Rights. Unless otherwise stated, Generation Esports and its third-party affiliates own any and all intellectual property rights (“IP Rights”) and all right, title, and interest in and to the Service (including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, Usage Data, Feedback, along with any desktop interface, materials, or documentation (collectively, “Generation Esports Content”) that accompanies or interfaces with the Service or is generated by or through the Service. Generation Esports owns all right, title, and interest in and to the trademarks Generation Esports® and other associated marks adopted by Generation Esports from time to time.
B. Alleged Infringement. Generation Esports strives to respond promptly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing content as well as terminating membership privileges to any User who repeatedly infringes copyright. 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 Generation Esports’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 Generation Esports 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
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICE IS UNDERTAKEN AT YOUR OWN RISK. GENERATION ESPORTS’ SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND. GENERATION ESPORTS 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 GENERATION ESPORTS OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GENERATION ESPORTS, 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 SERVICE 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 SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE SERVICE IS OFFERED BY GENERATION ESPORTS FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. GENERATION ESPORTS MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
B. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Generation Esports, its affiliates, agents, directors, employees, agents, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, revenue, 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 Generation Esports be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your User Account or the information contained therein.
To the maximum extent permitted by applicable law, Generation Esports 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 including unauthorized access or alteration of User Content; (4) any interruption or cessation of transmission to or from our Service; (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 Service; (7) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Generation Esports, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs exceeding $100.00.
8. HEALTH AND SAFETY PRECAUTIONS
The below should be reviewed before any game play, including in connection with a Competition or other videogame or User Content made available in connection therewith (as used herein, collectively, a “Game”). If a Game will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of a Game may involve other health and/or safety risks not contained herein. Generation Esports is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of a Game.
A. Children. Adults should monitor children who are using or have used a Game for any of the symptoms described below, and should limit the time children spend using a Game and ensure that they take breaks during use. Prolonged use should be avoided, as it could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of a Game for any decrease in these abilities.
B. Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including a Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing a Game. Parents and guardians should watch their children while playing a Game. Stop playing a Game and consult a doctor if you or your child has any of the following symptoms: Convulsions; Eye or muscle twitching; Loss of consciousness or awareness; Altered vision; Involuntary movements; or Disorientation. Generation Esports is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of a Game. To reduce the likelihood of a seizure or epileptic symptoms do not play a Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing a Game.
C. Motion Sickness. Playing video games (especially virtual reality games), including a Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing a Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing a Game, do not use a Game when you are tired, need sleep, are under the influence, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
D. Repetitive Motion Injuries and Eyestrain. Playing a Game can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:
- Avoid excessive play;
- Adults should monitor children;
- Take a 10 to 15 minute break every 30 minutes while playing a Game;
- If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
- If you continue to have any of the above symptoms or other discomfort during or after playing a Game, stop playing and consult a doctor.
E. Play Area Precautions. Give yourself plenty of room to play a Game. Always be aware of your surroundings when playing a Game. While playing a Game in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged or injured during or immediately after using a Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing a Game should be removed from the play area prior to your or your family members playing a Game. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of a Game. Never handle sharp or dangerous objects while playing a Game.
Due to the immersive nature of a Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing a Game and so as not to damage your hearing. You should not use a Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.
You agree to defend, indemnify, and hold harmless Generation Esports, 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 or inability to use and access to our Service, including any data, User Content, 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 IP Rights; (4) your violation of any applicable law, rule or regulation; (5) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (6) your negligent or 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 Generation Esports’s Service 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, Generation Esports reserves the right, but has no obligation, to monitor disputes between you and other Users. You release Generation Esports from any claims, demands, and damages arising out of your interactions with other Users or third parties.
11. DISPUTES WITH GENERATION ESPORTS
We hope to informally resolve any dispute with our Users. If you’re having a problem, you agree to reach out to us at firstname.lastname@example.org 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. Generation Esports 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 Generation Esports 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 Generation Esports 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 Generation Esports 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 proceeding. 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 Generation Esports 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 proceeding of any kind.
D. Forum. Any legal action against Generation Esports related to our Service 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 Service.
14. CONTACT INFORMATION