YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THIS AGREEMENT AND
ALL APPLICABLE LAWS. IN ORDER TO USE THE SERVICES, YOU MUST FIRST
ACCEPT THE AGREEMENT. BY ACCESSING OR USING ANY PART OF THE SERVICES,
YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS AGREEMENT. IF YOU
DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE
SERVICES. THIS AGREEMENT IS SUBJECT TO CHANGE BY ESportcircuit AT ANY
TIME, EFFECTIVE WHEN POSTED ON THE SERVICE. YOUR CONTINUED USE AFTER
SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.
1. General: (A) This Agreement sets forth the terms and conditions that apply to your use of
the Services. Without limitation, by using or accessing the Services, you agree to comply
with all of the terms and conditions hereof. The right to use the Services is personal to you
and is not transferable to any other person or entity. You are responsible and liable for
protecting the confidentiality of your password(s), if any, and are fully responsible for the use
of the Services by any other person you permit to access the Services. Please notify
ESportcircuit immediately of any unauthorized use of your password and account or any
other breach of security.
(B) ESportcircuit may at any time change or discontinue any aspect or feature of the
Services, including, but not limited to, content, hours of availability, and equipment needed
for access or use.
2. Changed Terms: ESportcircuit may at any time change or modify these terms and
conditions applicable to your use of the Services , or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions will be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on the Website, or by electronic
or conventional mail, or by any other means by which you obtain notice thereof. Any use of
the Services by you after such notice will be deemed to constitute your acceptance of such
changes, modifications, additions or deletions. If any modification, change, addition or
change to these terms and conditions is not acceptable to you, your only recourse is to
terminate this Agreement and refrain from using and accessing the Services.
3. Equipment: You are responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of the Services and
all charges related thereto.
4. About Our Services: (A) As a commitment to our users, we currently provide you with
access to a rich collection of online resources, including various communication and social
networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized
content and branded programming. Some Services are presently provided free of charge,
but it is possible that ESportcircuit may charge for certain Services in the future. ESportcircuit
will not charge you for any such Services unless you provide affirmative consent prior to
such charges.
(B) Service Limitations: We do our best to make your experience with the Services a
pleasurable one. However, we cannot always foresee or anticipate technical or other
difficulties. These difficulties may result in loss of data, personalization settings or other
service interruptions. Therefore, you agree that the Services are provided on an “AS IS” and
“AS AVAILABLE” basis. ESportcircuit does not assume responsibility for the timeliness,
deletion, non-delivery or failure to store any user data, communications or personalization
settings.
(C) Service Changes and Discontinuation: ESportcircuit reserves the right to change or
discontinue, temporarily or permanently, the Services at any time without notice. You agree
that ESportcircuit will not be liable to you or any third party for any modification or
discontinuance of the Services.
(D) Sometimes when you use the Services, you may (as a result of, or through your use of
the Services) use a service or download a piece of software, or purchase goods, which are
provided by another individual or company. Your use of these other services, software or
goods may be subject to separate terms between you and such other company or individual.
If so, this Agreement does not affect your legal relationship with such other companies or
individuals.
5. Your Conduct: (A) You shall provide true, accurate, current and complete information
about yourself as requested in the Website’s registration forms. Accurate records help us
create better sites and provide us with opportunities to identify new services or products that
may interest you. Please update your registration data to keep it current and accurate.
(B) You shall use the Services for non-commercial, lawful purposes only. Any other use, or
commercial use, of the Services requires the prior written approval of ESportcircuit.
(C) You shall not post or transmit through the Services anything that contains content that:
· is defamatory, abusive, obscene, profane or offensive;
· infringes or violates another party’s intellectual property rights (such as music, videos,
photos or other materials for which you do not have written authority from the owner of such
materials to post on the Service);
· violates any party’s right of publicity or right of privacy;
· is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
· promotes or encourages violence;
· is inaccurate, false or misleading in any way;
· is illegal or promotes any illegal activities;
· promotes illegal or unauthorized copying of another person’s copyrighted work or links to
them or providing information to circumvent security measures;
· contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; or
· contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation.
These categories of prohibited content are merely examples and are not intended to be
exhaustive. Any conduct by you that, in ESportcircuit’s sole discretion, restricts or inhibits
any other user from using or enjoying the Services will not be permitted. ESportcircuit shall
have the right, but not the obligation, to monitor the content of the Services , including chat
rooms and forums, to determine compliance with this Agreement and any operating rules
established by ESportcircuit and to satisfy any law, regulation or authorized government
request. ESportcircuit will make the sole determinations as to what content is acceptable in
its sole discretion. ESportcircuit may include, edit or remove any content at any time without
notice, in its sole discretion. Without limiting any other rights or remedies of ESportcircuit,
violations of the foregoing may result in removal of the prohibited communications and/or
termination of your access to the Services.
You understand that, when using the Services, you will be exposed to content from a variety
of sources, and that ESportcircuit is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such content. You further understand and
acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or
objectionable. If you do so object, you should not use the Services. ESportcircuit does not
pre-screen or endorse any member content and is not responsible or liable under any
circumstances for such content.
(D) You understand that access to the Services may result in access to other users’ names,
screen names, e-mail addresses, or other user information (collectively, “User Information”),
and you acknowledge and agree that such User Information and any ESportcircuit Services
constitute proprietary and confidential information that is protected by applicable intellectual
property and other laws and treaties. You agree not to data scrape, copy, aggregate,
redistribute, alter, reproduce or re-use for commercial purposes any user’s (whether specific
to any particular user or as an aggregation) information accessible through the Services. You
further agree not to disclose or otherwise use any proprietary or confidential information
appearing on the Services without the prior written consent of ESportcircuit, whether such
information is labeled “confidential” or “proprietary” or could reasonably be regarded as
confidential or proprietary.
(E) The Website contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music and sound. The
entire contents of the Website are copyrighted as a collective work under the United States
copyright laws. ESportcircuit owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original to it. You may not
modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication or commercial or
non-commercial exploitation of material on the Website will be permitted without the express
permission of ESportcircuit and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. You acknowledge that you
do not acquire any ownership rights by accessing or otherwise using copyrighted material.
(F) You shall not upload, post, submit or otherwise make available on the Website any third-
party material protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right and the burden
of determining that any material is not protected by copyright rests with you. You shall be
solely liable for any damage resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting material to any public
area of the Website , or otherwise submitting materials to ESportcircuit, you automatically
grant, or warrant that the owner of such material has expressly granted ESportcircuit the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-
license such material (in whole or in part, through multiple tiers and/or via syndication)
worldwide and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist in such
material. You also permit any other user to access, view, store or reproduce the material for
their personal use. Please note that ESportcircuit does not want to receive confidential
information from any user and any information received will be deemed NOT to be
confidential.
(G) As part of the Services, ESportcircuit may offer you the ability to include certain personal
information in your public ESportcircuit profile. You acknowledge that if you choose to
include personal information your public profile, then you are allowing others to view and
access such information. The ESportcircuit profile functionality may also include the ability to
link your Xbox LIVE and PlayStation Network account information. Such functionality
requires that you provide ESportcircuit your Xbox LIVE and/or PlayStation Network account
login information. By providing such information, you consent to ESportcircuit submitting
such information to Sony and/or Microsoft authentication servers to access and retrieve
information associated with such accounts, including trophy, achievement, and video game
data.
(H) ESportcircuit offers its users the opportunity to participate in certain online competitions
and tournaments, some of which may have prizes for the winners. If you participate in such
online competitions and tournaments, you may be required to sign an Affidavit of
Eligibility/Publicity and Liability Release and report as taxable income the value of any such
prizes received by you. To collect a prize, you may be required to provide a valid Social
Security number or other tax identification number and any other information reasonably
requested by ESportcircuit. ESportcircuit and/or any sponsor who provides a particular prize
may report the value of the prize to federal and/or state taxing authorities.
(I) The foregoing provisions of this Section 5 are for the benefit of ESportcircuit, ESportcircuit
affiliated companies and its third party content providers and licensors and each shall have
the right to assert and enforce such provisions directly or on its own behalf.
6. General Terms of Purchase: The terms in this section relate to items and services
available for purchase through the Services:
(A) The goods sold through the Services are shipped from various states and, therefore, tax
may be charged and collected on all taxable shipments. For all shipments outside of the
United States, the customer is responsible for all taxes, customs, and/or import duties. All
items purchased from ESportcircuit are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our delivery to the carrier. Listed
prices may be changed by ESportcircuit at any time without notice to you. The prices listed
on the Services do not guarantee those purchase prices until payment is made. If an
incorrect price for a product is listed due to typographical or other error, ESportcircuit has the
right to refuse or cancel any orders placed for such products listed at the incorrect price,
whether or not the order has been confirmed or your credit card charged. If your credit card
has already been charged for the purchase and your order is refused or canceled by
ESportcircuit, ESportcircuit will promptly issue a credit to your credit card account in the
amount of
(B) Event Passes: For live ESportcircuit, LLC., ESportcircuit sells various event passes,
including player passes, team passes and spectator passes. All purchases of event passes
are conditioned on your acceptance of the purchase terms, which are presented to you at the
time of purchase. EVENT PASSES (INCLUDING PLAYER PASSES, TEAM PASSES AND
SPECTATOR PASSES) ARE NON-REFUNDABLE. At ESportcircuit's sole discretion, player
passes may be transferred to other users. Player passes, however, may not be resold for
more than the purchase price, and they are not transferable to other live ESportcircuit, LLC..
At ESportcircuits sole discretion, ESportcircuit may allow team passes for events to be
transferred to other events during the same ESportcircuit season; however, a processing fee
will apply to a transfer of a team pass.
(D) ESportcircuit Online Credits: ESportcircuit Online Credits allow you access to a number
of ESportcircuit Services, including paid ladders and online tournaments. You will not be able
to redeem ESportcircuit Online Credits if you have insufficient ESportcircuit Online Credits
for certain ESportcircuit Services. Any items received as a result of a redemption of
ESportcircuit Online Credits may not be exchanged or returned for cash or credit.
ESportcircuit Online Credits are not refundable under any circumstances, including in the
event that your account is terminated or banned by ESportcircuit. You may not assign or
transfer any ESportcircuit Online Credits.
7. Disclaimer of Warranty; Limitation of Liability: (A) USE OF THE SERVICES IS AT YOUR
SOLE RISK. NEITHER ESportcircuit, ESportcircuit’S AFFILIATED COMPANIES,
ESportcircuit’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE
PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR
LICENSORS (COLLECTIVELY THE “ESportcircuit PARTIES”) WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED
THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY YOU THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE ACQUISITION OF SUCH MATERIAL.
(B) ESportcircuit PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ESportcircuit
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL ESportcircuit, THE ESportcircuit PARTIES, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICES, INCLUDING
WITHOUT LIMITATION: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS
OR ACCURACY OF THE INFORMATION ON THE SERVICES; (II) ANY CHANGES WHICH
ESportcircuit MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (III) THE DELETION
OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER
COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR
USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE ESportcircuit WITH
ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR
PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
ASPECTS OF THE SERVICES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ESportcircuit, NOR THE
ESportcircuit PARTIES, WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION,
FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE ESportcircuit PARTIES SHALL BE LIABLE FOR
ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND ANY
AGGREGATE, TOTAL LIABILITY OF THE ESportcircuit PARTIES TO YOU FOR ALL
DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE
USE OF OR INABILITY TO USE THE SERVICESSHALL BE LIMITED TO PROVEN
DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (I) THE
AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES
AND RETAINED BY ESportcircuit OR (II) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ESportcircuit’S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Arbitration: Any controversy, claim or dispute arising out of or relating to this Agreement,
its breach or claimed breach shall be settled by arbitration administered by the American
Arbitration Association in accordance with its Commercial Rules including Emergency Interim
Relief Procedure in Dallas, Texas, except that, to the extent you have in any manner violated
or threatened to violate ESportcircuit’s intellectual property or confidentiality rights,
ESportcircuit may seek injunctive, monetary or other appropriate relief in any state or federal
court in the state of New York (and ESportcircuit may assert both intellectual property causes
of action and other appropriate causes of action in any such action), and you consent to
exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise. The arbitrator is authorized to grant ESportcircuit its
reasonable fees and costs (including reasonable attorney’s fees) incurred by ESportcircuit in
any action to enforce these Terms of Use.
9. Advertisements: Some of the Services provided by ESportcircuit are supported by
advertising revenue and may display advertisements and promotions. In consideration for
ESportcircuit granting you access to and use of the Services, you agree that ESportcircuit
may place advertising on the Services. You further agree that the manner, mode and extent
of advertising by ESportcircuit on the Services are subject to change without specific notice
to you.
10. Indemnification: You agree to defend, indemnify and hold harmless ESportcircuit and the
ESportcircuit Parties from and against all claims and expenses, including attorneys’ fees,
resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii)
your use and access of the Services , including the posting of any content on this Website by
you; and (iii) a violation by you of any applicable law.
11. Termination: You may unsubscribe at any time by sending an unsubscribe request to us
at [email protected] and we will process your request within a reasonable time
after receipt. Without limiting the foregoing, ESportcircuit shall have the right to immediately
terminate any of your passwords or accounts if:
(A) you have breached any provision of the Agreement (or have acted in a manner which
clearly shows that you do not intend to, or are unable to comply with the provisions of the
Agreement); or
(B) ESportcircuit is required to do so by law; or
(C) the partner with whom ESportcircuit offered the Services to you has terminated its
relationship with ESportcircuit or ceased to offer the Services to you; or
(D) ESportcircuit is transitioning to no longer providing the Services to users in the country in
which you are a resident or from which you use the Services.
Sections 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16, 17 and this Section 11 will survive termination of
this Agreement.
12. Intellectual Property ESportcircuit, ESportcircuit, LLC., the ESportcircuit logos,
ESportcircuit Online, and the ESportcircuit Online logo are the exclusive property of
ESportcircuit. All rights reserved. All other trademarks appearing on the Services are the
property of ESportcircuit, affiliates of ESportcircuit, or their respective owners. Unless you
have agreed otherwise in writing with ESportcircuit, you agree that nothing in this Agreement
gives you a right to use any of ESportcircuit’s trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features. You further agree that you shall
not use any trademark, service mark, trade name, logo of any other company or organization
in a way that is likely or intended to cause confusion about the owner or authorized user of
such marks, names or logos.
13. Third Party Content: ESportcircuit is a distributor (and not a publisher) of content
supplied by third parties and users of the Services. Accordingly, ESportcircuit has no more
editorial control over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content expressed or
made available by third parties, including information providers, or any user of the Services ,
are those of the respective author(s) or distributor(s) and not of ESportcircuit. Neither
ESportcircuit nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness for any
particular purpose. (Refer to Section 7 above for the complete provisions governing limitation
of liabilities and disclaimers of warranty.)
In many instances, the content available through the Services represents the opinions and
judgments of the respective information provider or users not under contract with
ESportcircuit. ESportcircuit neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made through the Services. Under no circumstances will
ESportcircuit be liable for any loss or damage caused by your reliance on information
obtained through the Services. It is your responsibility to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content available
through the Services.
14. Other Content: The Services may include hyperlinks to other websites or content or
resources. ESportcircuit has no control over websites or resources that are provided by
companies or persons other than ESportcircuit. You agree that ESportcircuit is not
responsible for the availability of any such external websites or resources, and does not
endorse any advertising, products or other materials on or available from such websites or
resources. You agree that ESportcircuit is not liable for any loss or damage which may be
incurred by you as a result of the availability of those external websites or resources, or as a
result of any reliance placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such websites or resources.
15. Miscellaneous: This Agreement (which hereby incorporates by reference any other
provisions applicable to use of the Services , including, but not limited to, any supplemental
terms governing the use of certain specific material contained on the Website and any
operating rules for the Services established by ESportcircuit) constitutes the entire
agreement of the parties with respect to the subject matter hereof, and supersedes all
previous written or oral agreements between the parties with respect to such subject matter.
The provisions of this Agreement will be deemed severable, and the unenforceability of any
one or more provisions will not affect the enforceability of any other provisions. In addition, if
any provision of the Agreement, for any reason, is declared to be unenforceable, the parties
will substitute an enforceable provision that, to the maximum extent possible under
applicable law, preserves the original intentions and economic positions of the parties. This
Agreement shall be construed in accordance with the laws of the State of New York, without
regard to its conflict of laws rules. Notwithstanding this, you agree that ESportcircuit may still
apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The failure by ESportcircuit to partially or fully exercise any rights or the waiver of any breach
of this Agreement by you, shall not prevent a subsequent exercise of such right by us or be
deemed a waiver by ESportcircuit of any subsequent breach by you of the same or any other
term of this Agreement. ESportcircuit’s rights and remedies under this Agreement shall be
cumulative, and the exercise of any such right or remedy shall not limit ESportcircuit’s right to
exercise any other right or remedy.
The section headings used herein are for convenience only and shall not be given any legal
import.
16. Privacy Policy: ESportcircuit knows that the privacy of your personal information is
important to you. For more information about ESportcircuit a’s data protection practices,
please read our Privacy Policy, which is incorporated by reference in this Agreement. The
Privacy Policy explains how ESportcircuit treats your personal information, and protects your
privacy, when you use the Services. By accessing or using the Services, you agree to the
use of your information in accordance with ESportcircuit’s Privacy Policy.
17. DMCA Notice: ESportcircuit owns, protects and enforces copyrights in its own creative
material and respects the copyright properties of others. Materials may be made available on
or via the Services by third parties not within the control of ESportcircuit. It is our policy not to
permit materials known by us to be infringing to remain on this Site and to terminate
relationships regarding content with third parties repeatedly infringing the copyrights of
others.
18. Other Rights: ESportcircuit reserves the right to restrict or eliminate access to its services
at any time in the event that the user breaks any posted rules, regulations, or terms of
services at any time. In the event of being barred access from services ESportcircuit
reserves the right to freeze any assets on the user's account until that user's ban has been
lifted.
