Terms of Service

Terms of Service

1. Acceptance of the Terms of Service

The following terms and conditions (collectively, these “Terms of Service“) apply to your use of the Misfits Gaming family of websites (the “Websites“) owned and operated by Esports Now LLC and its affiliates (“Misfits Gaming”, “We” or “Us“), including any content, functionality and services offered on or via such Websites. The Terms of Service also include our Privacy Policy

Please read the Terms of Service carefully before you start using the Websites. By using the Websites you accept and agree to be bound and abide by these Terms of Service.

If you have any questions please contact us at support@misfitsgaming.gg.

2. Changes to the Terms of Service and the Websites

We reserve the right to update the Websites and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Your continued use of the Websites following the publishing of updated Terms of Service means that you accept and agree to the changes.

3. Accessing the Websites, Security and Privacy

We are working hard on improving the Websites, but we can’t guarantee that the Websites will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period, nor for any data loss (see also section 7 below).

To access certain features of the Websites you have to register by entering a unique username and choosing a password as part of our security procedures. Alternatively, you may log in with a number of social media accounts. You must treat such information as confidential, not disclosing it to any third party and only using the Websites in person. As an anti-spam precaution, a small number of features on the website are limited to accounts that are verified as human. 

It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. 

We use SSL encrypted browsing for all users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Websites or any content provided on the Websites are error free. We manage your personal data according to our Privacy Policy.

4. Intellectual Property Rights and Use Guidelines.

The Websites and its original content, features and functionality, are owned by Misfits Gaming and are protected by US, Canadian, and European international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Websites itself. If you have doubts about whether and how to use of material on the Websites, please address your concerns to support@misfitsgaming.gg.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Websites. For the purposes of these Terms of Service, Content also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Websites by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You further represent that you have all rights associated with any Content you upload. You acknowledge that all Content, including User Content, accessed by you using the Websites is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Websites are or will continue to be accurate.

By submitting public User Content through the Websites, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Websites and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Websites a non-exclusive, perpetual license to access your User Content through the Websites, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We do not guarantee that any Content will be made available on the Websites. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Websites.

You are permitted to use the Websites for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Websites in any manner, or violating the Content Standards set below. No right, title or interest in or to the Websites or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Websites not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination. 

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Websites that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Websites or other products or services. 

The Websites may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Websites.

5. User Contributions and Content Standards. Special Disclaimer for legal content.

The Websites contain user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Websites. All User Content must be lawful, non-spam, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  • Not be likely to deceive any person.
  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.

6. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Service.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

7. Law and Copyright Infringement

It is the responsibility of the uploading user to ensure all User Content uploaded to the Websites complies with the terms set forth in this Terms of Service. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless Misfits Gaming and its affiliates from any claims resulting from any action taken by the Misfits Gaming during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information: 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
  5. A statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be addressed to support@misfitsgaming.gg.

8. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of the Websites is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Websites, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Websites. Because the Websites are not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule. 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Websites shall be instituted exclusively in Boca Raton, Florida. 

10. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Misfits Gaming and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

11. Feedback

We welcome any comment, question and communication at support@misfitsgaming.gg

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