Updated on June 30th, 2017

PLEASE READ AND MAKE SURE YOU UNDERSTAND ALL THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE BATTLEFY SERVICES. THIS IS A BINDING CONTRACT.

SECTION 16 OF THIS TERMS OF SERVICE AGREEMENT (THESE “TERMS OF USE”) CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. PLEASE READ IT CAREFULLY.

Welcome to the gohardgaming website (the “Site”). We help organizers create and manage competitions for online video game tournaments and help gamers find tournaments to join. These Terms of Use are between you and Go Hard Gaming, and it governs your access to and use of the Site and related websites, applications, services and mobile applications provided by us (together with the Site, all information and documentation, the “Services”). By using the Services, you agree to comply with and be bound by the following terms of use set forth herein, and all applicable laws and regulations.

1. Amendments and Changes

We may update or modify these Terms of Use from time to time. Modifications to these Terms of Use will be posted on or in the Services. In certain circumstances, we may choose to provide you with additional notice of such modifications by email, in-Service notifications or otherwise. Please review these Terms of Use periodically. In an effort to improve the Services, Go Hard Gaming may also update the Services, including our mobile applications and software, without notifying you.

YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE EFFECTIVENESS OF ANY MODIFICATIONS TO THESE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE MODIFICATIONS. IF ANY MODIFICATION TO THESE TERMS OF USE IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO CEASE ACCESSING, BROWSING AND OTHERWISE USING THE SERVICES.

2. Privacy Policy / Your Privacy Rights

By using the Services, you represent that you have read and consent to our Privacy Policy which is incorporated into these Terms of Use by this reference. Battlefy may revise the Privacy Policy at any time, and the new versions will be available at the above link. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services. Please carefully review our Privacy Policy. You acknowledge and agree that any disputes related to our Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability contained in the Privacy Policy and these Terms of Use.

3. Copyrights and Trademarks

The information and materials provided on or through the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Battlefy or its licensors. The Services, including all Services software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Battlefy and will remain the exclusive property of Battlefy. You acknowledge that the Services are protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials. You shall not challenge, contest or otherwise impair Battlefy’s ownership of the Services and the content therein.

The trademarks, logos, and service marks displayed on or in the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of Battlefy and Battlefy’s advertisers, licensors, suppliers and others. The Trademarks owned by Go Hard Gaming, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Battlefy, in any manner that is likely to cause confusion with customers, or in any manner that disparages Go Hard Gaming. Nothing contained on or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Go Hard Gaming, Go Hard Gaming’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited.

4. Limited License, Access and Accounts

4.1. Limited License . Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable, revocable, limited license, to access and use the Services using a personal computer or a mobile device; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Go Hard Gaming. Use of the Services and Materials for any purpose other than as expressly authorized in these Terms of Use are a violation of our copyrights and other proprietary rights, and is strictly prohibited.

4.2. Eligibility . You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. If you are under the age of 18, your parent or legal guardian must create an Account, and consent to your use of the Services. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO USE ANY OF THE SERVICES AND ARE PROHIBITED FROM SUBMITTING ANY PERSONAL DATA THROUGH THE SERVICES. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH THE SERVICES, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN AGE 13. We encourage parents and legal guardians to play an active role in their children’s online experiences at all time. If you have any concerns about your child’s personal information, please contact us at contact@gohardgaming.com.

4.3. Account Registration; Use of Data . To access certain portions of the Services, you may be required to create an account through the Services (an “Account”). If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. Account information and certain other information about you are subject to the Privacy Policy. Through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including, if applicable, the transfer of this information to the United States for storage, processing and use by Go Hard Gaming and its affiliates. You agree that you shall not create an Account or access the Services if you (i) are under the age of 18, without the consent of your parent or legal guardian, or at all if you are under the age of 13, (ii) if you have previously been removed by Go Hard Gaming or banned from using the Services, (iv) are located in a country embargoed by the United States or (v) are on the U.S. Treasury Department’s list of Specially Designated Nationals.

4.4. Account Security . Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify Go Hard Gaming immediately if you believe that your Account username and/or password have been compromised.

4.5. Rules Related to Go Hard Gaming Account Names . When you create an Account, you will have to create a username. Your username may be visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the Services, including, without limitation, usernames (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If Go Hard Gaming finds a User Identifier for any type of account, including, without limitation, an individual user account or a tournament organizer account, to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your Account. In particular, you may not use any User Identifier:

  1. Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or
    fictitious, including, without limitation,, impersonating any Go Hard Gaming agent or employee or any other Go Hard Gaming community user;
  2. That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or
    racially, ethnically or otherwise objectionable;
  3. That is subject to the rights of any other person or entity without written authorization from that person or entity;
  4. That belongs to a popular culture figure, celebrity or media personality;
  5. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise
    cause confusion;
  6. Belonging to any religious figure or deity;
  7. Related to drugs, sex, alcohol, or criminal activity;
  8. Comprised of partial or complete sentences (e.g., “trollu4fun”);
  9. Comprised of gibberish (e.g., “fdsjmfidszx”);
  10. Uses any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space; or
  11. Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work
    (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).

You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions.

4.6. User Rules . The user rules below are in furtherance, and not in limitation, of the other terms and conditions in these Terms of Use. In connection with your use of the Services, you agree that you will not, nor permit anyone else to, directly or indirectly:

  1. Violate any applicable law, regulation, or contract or use the Services or Materials for any unlawful purpose;
  2. Use the Services to run tournaments or competitions for games of chance or to conduct gambling;
  3. Offer cash prizes where it is prohibited by law;
  4. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, or
    other right of any party (including, without limitation, rights of privacy or publicity);
  5. Access the Services to participate in a tournament that violates any law where you reside or that you are subject to;
  6. Create, distribute or use any third party software, including, without limitation, “mods,” cheats, addons or hacks,
    designed to change or manipulate tournaments;
  7. Misrepresent yourself in any way;
  8. Make any false, misleading, or inaccurate statements;
  9. Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive,
    profane, unlawful, or invasive of another’s privacy;
  10. Commit any actions considered to be unethical;
  11. Impersonate any person or entity, including any employee or representative of Battlefy;
  12. License, create derivative works from, any information, content obtained from the Services;
  13. Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of
    “hacking” or defacing any portion of the Services;
  14. Access or attempt to access parts of the Services for which you are not authorized by Go Hard Gaming, circumvent or attempt to
    circumvent any security or password protection on or in the Services, access the Services by any means other than through the
    interface that is provided and authorized by Go Hard Gaming;
  15. Modify any software for the Services in any manner or form, nor use modified versions of such software, including, without
    limitation, for the purpose of obtaining unauthorized access to the Services;
  16. Use the Services to harm minors in any way;
  17. Engage in spamming or flooding;
  18. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or
    other items of a destructive nature;
  19. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or
    otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
  20. Remove any copyright, trademark or other proprietary rights notices contained on or in the Services;
  21. “Frame” or “mirror” any part of the Services;
  22. Stalk or otherwise harass another; or
  23. Harvest or collect information about Services visitors, users or Account holders without their express consent.

Go Hard Gaming reserves the right to permanently suspend or terminate your Account and your access to the Services, and/or disqualify you from receiving any prize(s) offered by the tournaments, if it suspects that you have violated any of the User Rules.

4.7 Interruption of Service. Go Hard Gaming cannot guarantee that your use of the Services will be uninterrupted. You agree not to hold Go Hard Gaming liable for any interruption of service of the Services.

5. Links to Other Websites

These Terms of Use apply only to the Services. The Services may contain links to other websites not operated or controlled by Go Hard Gaming. If you use these links, you will leave the Services. The terms and conditions described here do not apply to those sites, nor does Go Hard Gaming endorse or review those sites. Go Hard Gaming provides these links to other websites as a convenience. Such links do not imply Go Hard Gaming’s endorsement of information or material on any other site, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. Go Hard Gaming disclaims all liability with regard to your access to and use of such linked websites, and you hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against Go Hard Gaming with respect to such sites.

Battlefy and/or third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. pursuant to our Privacy Policy. Battlefy makes no representation or warranty with respect to the content of any such email messages or any goods or services that may be obtained from such third parties, and you agree that neither Battlefy nor such third party shall have any liability with respect thereto.

YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY GO HARD GAMING, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

6. Publicity

We operate official pages on social media platforms (including, without limitation, Facebook and Twitter) in relation to the Services (collectively, the “Social Media Pages”). You accept that the Social Media Pages may feature certain of your personally identifiable information (“Publicity Content”). You further acknowledge and agree that we have no responsibility for posts made by third parties on Social Media Pages. You hereby grant us an exclusive, worldwide, irrevocable, sub-licensable, transferrable license to edit, distribute and exploit the Publicity Content in all media, including, without limitation, print, television and internet, which media may be used in more than one country. You hereby waive all “moral rights” in any Publicity Content featuring you and give to us all the consents that we need to exploit these items in any media without limitation so far as possible in perpetuity.

7. Fees and Payments

7.1. Fees and Payments . Some aspects of the Services require you to pay a fee. You may also purchase certain subscriptions to the Services and/or digital or physical products through the Services. You agree to pay all fees, payments and applicable taxes incurred by your Account that you use to access the Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Services, you (a) agree to pay the price for such products set forth in the Services, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize Battlefy to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

7.2. Return and Refund Policy . All sales on or through the Services are final. Except as provided herein, there are no refunds or returns for the purchase of a subscription to the Services. If you reside in the European Union and you purchase a product or service from Go Hard Gaming, you may have the right to withdraw from a purchase within fourteen calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. EXCEPT AS SET FORTH HEREIN WTH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, (I) ALL SALES THROUGH THE SITE AND GO HARD GAMING SERVICES ARE FINAL; AND (II) YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. EXCEPT AS SET FORTH HEREIN WITH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, WE DO NOT ISSUE ANY REFUNDS OR OFFER ANY EXCHANGES OF ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE.

7.3. Changes to Services, Products and Pricing. Go Hard Gaming may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Services or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. Go Hard Gaming reserves the right to change prices for the Services or any products displayed on or in the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new prices to the Services.

7.4. Order Acceptance/Confirmation . Once we receive your order, we may provide you with an email order confirmation. Any receipt of an order confirmation, however, does not signify Go Hard Gaming’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Go Hard Gaming reserves the right at any time after receiving your order to accept or decline your order for any reason. If Go Hard Gaming cancels an order after you have already been billed, then Go Hard Gaming will refund the billed amount.

7.5. Shipment of Products . Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of physical products purchased by you through the Services will be delivered within the time period specified for the delivery method you have selected.

7.6. Consumers Only . Go Hard Gaming sells and ships products to end-user customers only. You may not purchase products on or in the Services for resale, and we reserve the right to refuse or cancel your order if we suspect you are doing so.

8. Rules for Sweepstakes and Other Promotions.

In addition to the terms of these Terms of Use, any sweepstakes or similar promotions (collectively, “Promotions”) made available through the Services may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Go Hard Gaming urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.

9. Notice for Claims of Copyright Infringement.

If you are a copyright owner or agent thereof and believe that content posted on or in the Services by a Battlefy user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The URL of the location on our website containing the material that you claim is infringing;
  4. Your address, telephone number, and email address;
  5. A 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; and
  6. A statement by you, made 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 the copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Battlefy a counter-notice. Notices and counter-notices must meet the statutory requirements imposed by 17 USC § 512. Notices and counter-notices with respect to the Services should be sent to Go Hard Gaming’s Copyright Agent. Go Hard Gaming’s Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Services. Please note that these notifications and counter-notifications are legal notices. Go Hard Gaming may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices and counter-notices.