Esportsontime Inc. Terms of Use

Terms of Use last updated on August 26, 2020

Welcome to Esportsontime. The website www.e-spoapp.com and E-SPŌ app is owned and operated by Esportsontime Inc. (“ES Entity”, “we”, “us”, “our”). By accessing our website, application, servers, content, or utilizing our services (together, “E-SPŌ”), you agree to these terms of use (“Terms”). These Terms explain a contractual agreement regarding your use of E-SPŌ.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS YOUR USE OF E-SPŌ CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THEM.

Do not use or install E-SPŌ if you do not agree with these Terms.

You should visit this page and periodically reread these Terms as we reserve the right at our sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective immediately upon posting, and your continued use of E-SPŌ following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When we change these Terms, we will provide notice by updating the date above.

Your Privacy
Your personal privacy is very important to us. Our Privacy Policy is hereby incorporated into and made a part of these Terms. By using E-SPŌ, you also accept and agree to our Privacy Policy. If you have not already reviewed it, please read our Privacy Policy at https://e-spoapp.com/privacy/ . If we make a change to our Privacy Policy that we reasonably believe may considerably affect how we collect, disclose, or otherwise share your personal information, we will email users (who have provided us with their email address) a notice to that effect with a link to the revised Privacy Policy.

Limited License
We grant you a limited, revocable, non-exclusive, non-transferable license to access E-SPŌ in compliance with these Terms for your personal use. Unlicensed access is unauthorized. You agree not to copy, distribute, make derivative works, display, sell, modify or “frame” content from E-SPŌ without our prior permission.

Use
E-SPŌ is for personal use only. You agree not to: (a) violate any law, rule or regulation; (b) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (c) surreptitiously intercept or expropriate any system, data or personal information; (d) interfere with or disrupt E-SPŌ or networks connected to our website or through the use of E-SPŌ; (e) disobey any requirements, procedures, policies or regulations of networks connected to E-SPŌ or through the use of E-SPŌ, or otherwise interfere with E-SPŌ in any way, including through the use of JavaScript, active or other coding; (f) use robots, spiders, scripts, scrapers, crawlers, data mining software, data gathering and extraction tools or send misleading, unsolicited, unlawful, and/or spam postings/email; (g) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (h) copy, reproduce, alter, modify, or publicly display any information displayed on E-SPŌ (except for information you provide), or create derivative works from our website, to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of ES Entity or any other third party, except with our prior written consent or consent of the appropriate third party; (i) collect users personal and/or contact information; (j) impersonate another person; (k) harass, threaten, embarrass, bully, spam or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, religion, sexual orientation, heritage, etc. Hate speech is not tolerated; or (l) use any information obtained on E-SPŌ to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. E-SPŌ may post additional rules that apply to your conduct.

User Generated Content
You are responsible for your user generated content (“UGC”). You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, these Terms or a third party’s right of privacy or right of publicity.

ES Entity may, in its sole discretion, remove, edit or disable UGC for any reason, including if we reasonably determines that UGC violates these Terms. ES Enity does not assume any responsibility or liability for UGC, for removing it, or not removing it or other content. ES Enity does not pre-screen all UGC and does not endorse or approve any UGC available on E-SPŌ.

When you contribute UGC, you grant to ES Enity, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your UGC on E-SPŌ the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on E-SPŌ or through the relevant services without further notice, attribution or compensation to you.

Subscription/Fees
You authorize us to charge you for purchases made on E-SPŌ, including but not limited to, subscription fees, tournament fees and other in app purchases; tax and transaction fees, if any, are additional. To the extent permitted by law, fees are nonrefundable. By using a third party payment platform you acknowledge that we do not control the transaction, and you bear all risk in connection with the transaction.

Refunds
Refunds of any payment you make to us are subject to applicable law. If you believe any payment to us is in error, you must contact us at info@e-spoapp.com to seek resolution. You should use common sense and be careful in deciding whether to make a payment.

Your Account
You need an E-SPŌ Account to access and use many E-SPŌ services. To create an E-SPŌ Account you must have a valid email address, a valid telephone number and provide truthful and accurate information about yourself (all of which will be subject to our Privacy Policy https://e-spoapp.com/privacy/
Information you provide about league ownership must also be truthful and accurate. If you provide any information that is untrue, inaccurate, not current, or incomplete (or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete), we have the right to revoke, suspend or terminate your access to and use of E-SPŌ and your E-SPŌ Account.

You must be eligible to use the E-SPŌ service for which you are registering. You must be at least 13 years of age to create an E-SPŌ Account. If you are between 13 and 18 years of age (or the age of majority), you and your parent or guardian must review these Terms together. Parents and guardians are responsible for the acts of children under the age of 18 when using E-SPŌ. ES Entity recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.

You are responsible for the activity on your E-SPŌ Account. Your E-SPŌ Account may be suspended or terminated if someone else uses it to engage in activity that violates these Terms. We may terminate your access to, and your use of, E-SPŌ immediately and take any other appropriate legal action if you, or anyone using your E-SPŌ Account, violates these Terms.

You may cancel your account and/or a subscription to a particular E-SPŌ service at any time, for any reason by sending us written notice of cancellation to Esportsontime Inc., 28 Korwel Circle, West Orange, NJ 07052] or by email notice of cancellation to info@e-spoapp.com. To complete your request, ES Entity may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.

Moderating
You agree we may moderate E-SPŌ access and use in our sole discretion, for example by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination.

You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT ES ENTITY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. WE DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS NOR ATTEMPT TO VERIFY THE STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR SKILLS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

Using the E-SPŌ Name, Logo and Intellectual Property
You agree not to use our trademarks, graphics, logos, intellectual property or other content without our prior written permission. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. The
following trademarks are owned by ES Entity: ESPORTSONTIME, E-SPŌ and E-SPŌ (logo).

Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify our agent for notice of claims of copyright infringement (“Agent”), at: info@e-spoapp.com
or
Copyright Agent at Esportsontime Inc.
28 Korwel Circle
West Orange, NJ 07052

Please provide our Agent with the following notice, which shall include each of the following:

• a description of the copyrighted work that you claim has been infringed;
• a description of the material you claim is infringing, with enough detail so that we may locate it;
• your address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you declaring under penalty of perjury that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner; and
• your physical or electronic signature.

Your notice will be subject to The Digital Millennium Copyright Act (DMCA). We may terminate the accounts of repeat infringers.

Information Available on E-SPŌ
We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of the E-SPŌ content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to E-SPŌ. You agree that you must evaluate, and bear all risk associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Links to Third-party Sites
Relevant links to third-party websites may be provided as additional resources for users of E-SPŌ. However, we do not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither ES Entity, nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third-party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these Terms and our Privacy Policy do not apply to your activities on such third-party sites.

Content Posted on E-SPŌ by Third-party Content and Advertising Partners
Some of the content posted on E-SPŌ may be posted by third-parties and advertising partners (“Third-party Content”) with whom we have relationships (“Content Providers”). You hereby acknowledge that (i) We are not responsible and disclaim any and all liability for any aspect of such Third-party Content, (ii) the content provider posting such Third-party Content on E-SPŌ is solely and exclusively responsible for such Third-party Content, (iii) we make no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) we cannot and do not guarantee that Third-party Content complies with these Terms.

Disclaimer of Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE ES ENTITY PROVIDES E-SPŌ ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO E-SPŌ (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ES ENTITY MAKES NO WARRANTIES ABOUT THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, SECURITY, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TO THE FULLEST EXTENT POSSIBLE BY LAW, WE DO NOT WARRANT THAT E-SPŌ OR ANY OF OUR SERVICES WILL OPERATE ERROR-FREE OR THAT E-SPŌ AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, BUGS, HACKING, LOSS, INTERFERENCE OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF E-SPŌ OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE E-SPŌ.

THE CONTENT OF E-SPŌ IS INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING MEDICAL, LEGAL, PROFESSIONAL, FINANCIAL, OR OTHER ADVICE OF ANY KIND. ES ENTITY MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH E-SPŌ. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST. ANY ACTION OR DECISION THAT YOU MAKE REGARDING INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH E-SPŌ IS ENTIRELY YOUR OWN RESPONSIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ES ENTITY, ITS OFFICERS, SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, OR BUSINESS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR E-SPŌ EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON E-SPŌ, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING E-SPŌ.

Indemnity
You agree to defend, indemnify, and hold harmless ES Entity and its owners, principals, affiliates, subsidiaries, licensors and licensees, and their and our directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys’ and expert fees and court costs, that arise from (i) your use or misuse of E-SPŌ; (ii) your violation of these Terms (including any breach of your representations and warranties contained herein); (iii) your violation of any law or third-party right, including without limitation any third party’s patent, copyright, trademark, privacy/publicity, or other proprietary rights; (iv) any claim that any content posted by you caused damage to a third party; and/or (v) any use or misuse of your Access Credentials. We will give you notice in the event of an indemnifiable event. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.

Termination
These Terms will remain in full force and effect while you are a user of E-SPŌ and may be terminated by us at any time with or without notice. In the event of termination, you are no longer authorized to use or access E-SPŌ. You hereby acknowledge that the restrictions imposed on you with respect to any content downloaded from E-SPŌ, the disclaimers and limitations of liabilities, your indemnification obligations, and your payment of any outstanding fees owed to us shall survive the termination of these Terms.

Additional Terms
Certain areas of E-SPŌ may be subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas.

International Use
E-SPŌ is managed in the United States of America. We make no representation that content of, or any services or products available through, E-SPŌ are appropriate or available for use in locations outside the United States. Accessing E-SPŌ from territories where the E-SPŌ content is illegal is expressly prohibited. If you view and/or access E-SPŌ from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.

Deactivation of E-SPŌ
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, E-SPŌ, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of E-SPŌ, or any part or portion thereof.  Nothing in these Terms Of Use shall be construed to obligate us to maintain and support E-SPŌ, or any part or portion thereof, during the term of these Terms Of Use.

Miscellaneous
Governing Law
You hereby agree that these Terms and your use of E-SPŌ shall be governed in all respects by the internal substantive laws of the State of New Jersey, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in Essex County, New Jersey, or all disputes, cases, and controversies regarding E-SPŌ, your use of E-SPŌ, and your relationship with us (except we may seek injunctive remedy anywhere).

Limitation on Claims
YOU AND ES ENTITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF E-SPŌ MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE NOT TO BRING OR TAKE PART IN A CLASS ACTION AGAINST ES ENTITY. TO THE FULLEST EXTENT POSSIBLE BY LAW, E-SPŌ’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH E-SPŌ OR YOUR USE OF THE CONTENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

No Waiver
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Severability
Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of E-SPŌ and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.