Terms of Service

Last Updated: March 4, 2020

Preamble

By accessing and using the website espl.gg (the “Website”) you agree and fully accept to these Terms of Service (the «Terms») of Esports Pte. Ltd, company, incorporated in the Singapore, registration number 201931405Z, 71 Ayer Rajah Crescent #06-06, Singapore 139951 (hereinafter “ESPL“, “Company” "we", or "us"), including the Privacy Policy which is hereby posted on the Website. If you do not agree to all of these terms, please do not use the Website or any information, links or content contained on the Website. Your access to and use of the Website constitutes your acceptance of and agreement to by each of the terms set forth below. If you are using the Website on behalf of any organization, or entity, or company (Esports Pte. Ltd) you represent and warrant that you are duly authorized to represent and bind the Organization to the Terms and you accept the Terms on behalf of such Organization.

You acknowledge that you are at sufficient age to access the Website and you have carefully read, clearly understood and accepted the Terms to be bound by. You acknowledge that you use the Website and the Company services in accordance with the laws of your country of residence and any other applicable legal requirements.

By continuing, and to the extent permitted by law, you are agreeing not to hold any of the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Team”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the usage of ESPL services, including losses associated with the terms set forth below.

These Terms of Service may be amended, modified and/or changed by the Company at any time on its sole discretion. Any revisions, modifications, changes and amendments will be posted on the Website once occur. It is your covenant to periodically visit the Website to review any changes and/or amendments that may be made to the Terms.

When you use services, purchase goods or service, or receive other type of assets, (hereinafter “ESPL”) from Esports Pte. Ltd you may only do so by accepting the following conditions and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you are acquiring services:

• neither the Company nor any of the ESPL Team member has provided you with any advice regarding use of services;
• you have sufficient understanding of the gaming industry and nature of services provided by ESPL;
• you are legally permitted to use our services in your and any other relevant jurisdiction;
• you will supply us with all information, documentation or copy documentation that we require in order to allow us to provide you with service, goods and other assets (may that be providing it for free, or selling you for fiat money or other type of assets;
• you have not supplied us with information or otherwise which is inaccurate or misleading;
• you will provide us with any additional information which may be reasonably required in order that we can fulfil our legal, regulatory and contractual obligations, including but not limited to any anti-money laundering obligation;
• you will notify us promptly of any change to the information supplied by you to us;
• you are of a sufficient age (if an individual) to legally obtain assets and services from us, and you are not aware of any other legal reason to prevent you from that;
• you take sole responsibility for any restrictions and risks associated with receiving services and or assets;
• by receiving services, acquiring services, products or other assets, you are not making a regulated investment, as this term may be interpreted by the regulator in your jurisdiction;
• you are not obtaining or using assets for any illegal purpose, and will not use assets for any illegal purpose;
• you waive any right you may have / obtain to participate in a class action lawsuit or a class wide arbitration against any entity or individual involved with the provision of services;
• your acquisition of assets and services not involve your acquisition or receipt of shares, ownership or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction.

ESPL provides user with services in the field of competitive gaming, which include but not limited with:

• access to information regarding gaming activities, organised by various industry stakeholders, using our services, or services provided by third-party providers;
• gathering and structuring permitted by users and third-party provider information regarding gaming activities;
• instruments and tools to collect, show and share information related to competitive gaming activities (e.g. tournaments);
• marketplace of goods, services and other assets;
• other services, not listed above.

The company allows to use services, acquire products and other assets companies and physical persons, who are legally allowed to do so.

In order to get detailed information about the project proposition, one should register on the web-site. Only people, who has passed this stage and in case if they are allowed by their legislation, will become users of the platform. We don’t do any public solicitation and share details. Any information regarding services, products and assets besides information listed in documents, publicly available on the Website is considered confidential. Sharing any documents, which include details about business besides that from any other email is prohibited.

ESPL will allow using platform within a legal framework. Use cases as well as timing and possibility are listed on the site. We preserve the right to update this list without additional notice

You may be contacted by email by the Company. Such emails will be informational only. The Company will not request any information from you in an email. See our Privacy Policy available on the Website for additional information

We shall not be liable for (1) any inaccuracy, error, delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from any event beyond our reasonable control, including but not limited to unavoidable casualty, delays in delivery of materials, government orders, acts of civil or military authorities, acts by common carriers, emergency conditions (including weather conditions), security issues arising from the technology used, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond our reasonable control (each, a "Force Majeure Event"). If an event of force majeure occurs, the party injured by the other's inability to perform may elect to suspend the Terms, in whole or part, for the duration of the force majeure circumstances. The party experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.

This Website are provided on an “as is” basis and without any warranties of any kind, either expressed or implied. You assume all responsibility and risk with respect to your use of the Website.

You hereby expressly understand and agree, that:

• ESPL should not accept any liability for any illegal or unauthorized use of this Website;
• ESPL does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components;
• ESPL shall not be liable for the uninterrupted availability of the Website at all times, in all countries and/or all geographic locations, or at any given time;
• it is your’s obligation to ensure compliance with any legislation relevant to his/her country of residency concerning the use of this Website.

This Terms of Service constitutes the entire agreement between you and ESPL and governs your use of the website, superseding any prior agreements between you and ESPL with respect to the website and ESPL services.

You and the Company agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

The failure of the Company to require or enforce strict performance by you of any provision of these Terms or the Company’s failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of the Company's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the ESPL Team shall be deemed a modification of these Terms nor be legally binding.

The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time during the sale by posting the amended Terms on the Website. You will be deemed to have accepted such changes by continuing to use the website. The Terms may not be otherwise amended except by express consent of both you and the Company.

The Company will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions. ESPL strictly follows AML (Anti-Money Laundering), KYC (Know Your Customer) and other banking or government policies and regulations in respective jurisdictions. You fully agree to assist ESPL in fulfilment of the mentioned regulations and provide any necessary information if such is required of you by the authorized authority. Please see our Privacy Policy and for the information regarding how we collect and use information. Privacy Policy is part of these Terms, so please make sure that you read it.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the ESPL Team from and against all claims, demands, actions, damages, losses, costs and expenses including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) that arise from or relate to: (i) your responsibilities or obligations under these Terms; (ii) your violation of these Terms; or (iii) your violation of any rights of any other person or entity.

You are responsible for implementing reasonable measures for securing your ESPL.gg account, including credentials necessary to access your account. If your access credentials are lost, you have to start the account recovery procedure. Instructions can be found at the espl.gg website. The Company is not responsible for any losses, costs or expenses relating to lost access credentials.

Currently, only English versions of any ESPL communications is considered official. The English version shall prevail in case of differences in translation.

ESPL has valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the provision of service and activities generally. Unless otherwise indicated by ESPL, all copyright and other any intellectual property of the ESPL, all content and other materials contained on the Website or provided in connection with ESPL, including, without limitation, the intellectual property rights for ESPL and all text, graphics, interface, visual interfaces, photographs, trademarks, logos, artwork, and computer code, design, structure, selection, methods and algorithms, coordination, expression and other content connected to ESPL (hereinafter – the "ESPL Materials") are the proprietary property of ESPL or our licensors, clients or suppliers and are protected by international copyright laws, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use ESPL Materials for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the ESPL Materials. There are no implied licenses under the Agreement, and any rights not expressly granted to you hereunder are reserved by ESPL. If for the purpose of any intellectual property right registration of ESPL any documentary submission or any other action is required from you, you must provide ESPL with the respective assistance.

The Terms, the arbitration clause contained in them, and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms are governed by, construed, and take effect in accordance with law of the Republic of Singapore. Any dispute or difference arising out of or in connection with these Terms or the legal relationships established by these Terms, including any question regarding its existence, validity or termination (“Dispute”), shall be referred to and finally resolved by arbitration. The number of arbitrators shall be three. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. A dispute arising out of or related to these Terms is personal to you and the Company and will be resolved solely through individual arbitration and will not be hrought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be hrought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Notwithstanding anything contained herein, We reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Website, including (but not limited to) in case of your hreach of these Terms or if ESPL believes you have committed fraud, negligence or other misconduct. You may terminate these Terms without notice by discontinuing use of the Website. All rights granted to you under these Terms will immediately be revoked upon our termination of these Terms or our suspension of your access to the Website. In the event of any Force Majeure Event, hreach of this agreement, or any other event that would make provision of given by us commercially unreasonable for the ESPL, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our services/website. We may terminate your access to the Website in our sole discretion, immediately and without prior notice, and delete all related information and files without liability to you, including, for instance, in the event that you hreach any condition of these Terms.

You or anyone else may send any questions regarding the use of the Website or regarding these Terms via e-mail. Any communication concerning these Terms execution and/or violation should be conducted only via your official emails and official emails of ESPL. The ESPL official email address for communication with you is master@espl.gg. Your official email for communication shall be deemed the email specified by you during the create an account process. We may provide any notice to you under these Terms by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with you. Notices we provide by posting on the Website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with you when we send the email, whether or not you actually receive or read the email.