Please read this Terms of Service Agreement (these “Terms”) carefully, as it constitutes legally binding terms and conditions between you, as the user of the Belong Service, and Belong Gaming, LLC and its affiliates (“Belong” “we” “us” or “our”). These Terms apply to your use and access to Belong’s esports retail gaming platform and any Belong-branded websites and applications (collectively, the “Belong Service”), and apply whether you are accessing the Belong Service via a wireless or mobile device, a tablet a personal computer or any other technology or device (each, a “Device”).
If you do not agree to these Terms, then please do not use our Sites or Apps. If you do not agree to be bound by these Terms, you may not access or otherwise use the Belong Services.
Use of the Belong Service is limited to users 13 years of age and older. Certain features of the Belong Service may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18 (or the age of majority under applicable local law), you and your parent or guardian must review this Agreement together, and your parent or guardian must agree to these Terms on your behalf. If you (or, if applicable, your parent or guardian) do not agree to these Terms, then you must not use or access the Belong Service. Please note that some content provided in connection with the Belong Service may not be suitable for individuals under the age of 18 and parental discretion is advised for all users under the age of 18. By using the Belong Service, you represent and warrant that you are over the age of 18 (or the age of majority under applicable local law), or whose parent or legal guardian has accepted and agreed to this Agreement. You also represent and warrant that your use of the Belong Service does not violate any law, rule or regulation to which you may be subject, including any terms, conditions or requirements promulgated by any provider of a Third Party Platform.
As between you and Belong, Belong owns the Belong Service, including all of the content (e.g., audio-visual content, photographs, audio, images, illustrations, graphics, video, copy, software, etc.), code, data and materials displayed on or otherwise made available through the Belong Service, including as contained in any advertisements and the “look and feel” of such content (collectively, “Content”). This includes all intellectual property and proprietary rights in such Content. When you use the Belong Service or download materials from the Belong Service, you do not acquire any ownership of any such Content. The Belong Service is only for your personal, non-commercial use. You may not make any commercial use of the Belong Service, or any Content made available on the Belong Service, unless you have received our prior written permission.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any Content on the Belong Service. The framing or scraping of or in-line linking to the Belong Service or any Content, and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content, other than as expressly authorized by us, is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Belong Service. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, trademark, or other notices contained on the Belong Service, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from the Belong Service. Any unauthorized or prohibited use of any Content may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
We want to keep the Belong Service safe and enjoyable for everyone and the use of the Belong Service for unlawful or harmful activities is expressly prohibited. You agree that, while using the Belong Service, you shall not:
Belong assumes no responsibility for monitoring the Belong Service for inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct.
Belong reserves the right to investigate and take appropriate legal action against anyone who, in Belong’s sole discretion, violates, or is suspected of violating, this Section 5, including, without limitation, reporting you to law enforcement authorities.
Belong is pleased to hear from its visitors and welcomes your comments regarding Belong products and services. If Belong sponsors a contest or sweepstakes that expressly invites users to submit material for consideration and that contest is governed by a set of Official Rules, then to the extent there is a conflict between the terms of this Paragraph and the terms of such Official Rules, the Official Rules will govern the use of material that is submitted as part of the contest or sweepstakes entry mechanic.
Outside of that type of contest or sweepstakes entry mechanic, however, Belong’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback on our services, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials, including but not limited to original ideas, concepts, or artwork. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Belong’s or its affiliates professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, Belong may freely use the submission, in whole or in part, for any purpose without any obligation to you.
Without limiting the generality of the foregoing, if you send or post a submission or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Belong, and Belong shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Belong without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Belong shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Belong Services or Belong, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to the Belong Service and/or Belong will not be acknowledged or returned. You agree and understand that Belong is not obligated to use any Submission you make to the Belong Service or Belong and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Belong is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Belong does not place Belong in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Belong has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by Belong’s own employees. Many ideas may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Belong’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Belong’s actual or alleged exploitation or use of any material you submit to the Belong Service and/or Belong, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any Belong product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Sponsors”) found on or through the Belong Service or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Sponsors and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and any Sponsor or any goods or services you may purchase or obtain from any Sponsor).
Certain of our Apps or Sites may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Belong will not be responsible for any such data access fees and charges in connection with your use of the Belong Service. Further, the use or availability of certain aspects of the Belong Service may be prohibited or restricted by your wireless carrier and/or data access provider, and not all aspects of the Belong Service may work with all wireless carriers, networks, platforms, services or devices.
These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Belong without restriction, notice or other obligation to you.
These Terms shall remain in full force and effect while you use or are registered to use any of the Belong Service. You may terminate your use of or registration for the Belong Service at any time, for any reason, and Belong may terminate your use of or registration to the Belong Service at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.
If you believe that any content or materials appearing on the Belong Service has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
By this filing, Belong seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere in the law.
By using the Belong Service, you agree to indemnify, defend and hold Belong, its affiliates, and parent company, and each of their respective successors and assigns, directors, LLC members, officers, employees, representatives, agents, licensors, advertisers, sponsors, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Belong Service, or (b) your breach or violation these Terms. Belong reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
We may modify these Terms from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We may post or display notices of material changes on the Belong Service and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Belong Service, these changes become effective immediately and if you use the Belong Service after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you.
THE BELONG SERVICE, AND ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BELONG, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, SPONSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE BELONG SERVICE WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE BELONG SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE BELONG SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BELONG, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, SPONSORS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE BELONG SERVICE OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. TO THE EXTENT BELONG MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF BELONG’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
BY ACCESSING THE BELONG SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to limitations set forth in this section. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. The releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE BELONG SERVICE, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT BELONG ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE BELONG SERVICE FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
For assistance with technical issues or customer support inquiries, please send an email to email@example.com.
These Terms were last modified on the date indicated above and are effective immediately.
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