The-Tournament Terms and Conditions
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this website and to any correspondence by e-mail between us and you.
Please read these terms and conditions carefully before using the Site. Using the Site indicates that you accept these terms and conditions
regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Site. This notice is issued by
The-Tournament Admin Team.
I. General
1.1 Binding Nature of Terms and Conditions
Registering for an account and/or participating in any tournament or competition or qualifying round offered on
www.the-tournament.com signifies your knowledge of and agreement to be bound by the
most current version of these Terms and Conditions. The-Tournament Admin Team may modify these Terms and Conditions at any time.
Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible
for reviewing these Terms and Conditions periodically for any such modifications.
The failure of The Admin Team to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to
by The-Tournament Admin in writing.
1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of England and Wales irrespective of any principles
of conflicts of law. By registering for an account, you agree that any dispute that cannot be resolved between the parties shall be resolved
individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only
in the English courts and you hereby irrevocably submit to the exclusive jurisdiction of such courts in respect of any disputes arising between
the parties. Because The-Tournament.com is a venue, in the event that you have a dispute with one or more participants in a tournament or competition,
qualifying round or any competitive play regarding a matter that The-Tournament does not assume express legal responsibility for under these Terms and
Conditions, you (a) hereby acknowledge and agree that you shall look solely to the participants with whom you have a dispute to resolve any claims,
demands or damages relating to any such dispute and (b) hereby release and agree to release The-Tournament (and its officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
1.3 Severability
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and
Conditions and shall not affect the validity and enforceability of the remaining provisions.
1.4 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement
between you and The-Tournament and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person
affiliated, or claiming affiliation, with The-Tournament or the Site. Nothing in this subsection will prevent The-Tournament from modifying the
terms of these Terms and Conditions and posting such modifications on the Site.
II - SERVICE
2.1 Disconnects
Internet connectivity is the responsibility of the member playing. Hence, if there is an interruption of service, unless otherwise proven, it is
fair to assume that loss of connectivity is the fault of the member and any compensation or refund (where applicable) is at the discretion of
The-Tournament Admin. If the member loses connectivity repeatedly (as determined by the admin, in his/her absolute discretion, overseeing the
tournament or competition or event) they have the option to inhibit the member from playing that particular game or any and all games through
The-Tournament for an indefinite period. In this eventuality, the member can contact The-Tournament via
support@the-tournament.com.
The-Tournament is under no obligation to compensate or refund players for loss of connectivity deemed the
responsibility of the player. All appeals will be treated in a discretionary manner. The-Tournament retains the right to terminate any member
account (see section 4.6).
III - CONDITIONS
3.1 General Membership Eligibility
If you are a natural person who has verified all the information submitted on your membership registration form and you own, or are validly
licensed to use, the software required for one or more of the games offered by The-Tournament, you are eligible to participate in competitive
play on The-Tournament in respect of such game or games and utilize all services offered.
3.2 Age Restriction
To participate in competitive play on the Site or utilize any services offered, you must fall within the General Membership Eligibility criteria
set out in Section 3.1 and be at least the minimum age restriction for the game titles that you play in the-Tournament reserves the right to
restrict entry to specific titles based on the age of entrants.
3.3 Additional Persons Not Eligible
Notwithstanding Section 3.2, the following persons are ineligible to receive any prize offered on the Site: paid employees, officers, and directors
(and their immediate family members) of The-Tournament. For purposes of this section, immediate family members include parents, siblings, spouses,
children, or any other person permanently residing in the same household with such employee, officer, or director.
For the avoidance of doubt you are not eligible to participate in any event unless you own, or are validly licensed to use, the software applicable
to the game in which you participate and, by participating in any event, game or tournament, you represent and warrant to the Company that you own,
or are validly licensed to use, the software applicable to that event, game or tournament.
3.4 Legality and Taxes
You agree the Company cannot be held liable if laws applicable to you restrict or prohibit your participation. The Company makes no representations
or warranties, implicit or explicit, as to your legal right to participate in any event offered on The-Tournament nor shall any person affiliated,
or claiming affiliation, with The-Tournament have authority to make any such representations or warranties. If any taxes or other deductions are
required by law to be made by The-Tournament from any payment to you The-Tournament shall be entitled to withhold the same and shall, if so required,
account to the relevant authorities in respect thereof. The Company reserves the right to monitor the location from which you access The-Tournament
and to block access from any jurisdiction in which participation is illegal or restricted.
In the event The-Tournament suspects you are in breach of Section 3.3 or otherwise do not own, or are not validly licensed to use, the software
applicable to any event, game or tournament in which you have participated, or are or will participate in, The-Tournament, in addition to all other
rights it has, may inform the owner and/or licensor of such software of your breach or suspected breach, along with all applicable details in respect
of such breach or suspected breach.
3.5 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any competitive play, offered on The-Tournament, you acknowledge that all information contained
on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights,
and that all such rights are owned by The-tournament or licensed to The-Tournament, or its partners, from other parties.
You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information.
The-Tournament neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties.
While The-Tournament uses reasonable efforts to include accurate and up-to-date information, The-Tournament makes no representations or warranties
as to its accuracy. The-Tournament assumes no liability or responsibility for any errors or omissions in the content of The-Tournament.com.
Any communication or material you transmit to The-Tournament by electronic mail, chat, or otherwise, including any data, questions, comments,
suggestions, or the like, is and will be treated as, non-confidential and non-proprietary and shall become and remain the sole property of
The-Tournament. No submission shall be subject to any obligation of confidence on the part of The-Tournament and The-Tournament shall exclusively
own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you. Anything you transmit or post
may be used by The-Tournament and/or its partners for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, The-Tournament, is free to use any ideas, concepts, know-how or techniques contained in any communication you
send to The-Tournament for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such
information, without any additional compensation to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on The-Tournament, including the names and logos of all games
and software publishers, are registered and unregistered Trademarks of The-Tournament and/or other parties. Nothing contained on The-Tournament
should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on The-Tournament without the
written permission of The-Tournament or such third party that owns the Trademark displayed on The-Tournament. Your use of any Trademark displayed
on The-Tournament, or any other content on The-Tournament, except as provided in these Terms and Conditions, is strictly prohibited. You are also
advised that The-Tournament will aggressively enforce its intellectual property rights to the fullest extent of the law, including pursuing criminal
prosecution where appropriate.
3.6 Use of User Information and Announcements
By registering for an account, you agree that The-Tournament may display your handle/user name (including the handle/user name of any clan which
you are a member of), team name (if any), rank/ladder position and competitive play records. By accepting any prize from The-Tournament,
you agree to allow The-Tournament to print, publish, broadcast and use, worldwide, in any media and at any time, your handle/user name
(including the handle/user name of any clan which you are a member of), picture, voice, likeness, gaming performance (including the gaming
performance of any clan which you are a member of) and/or biographical information for promotional purposes without additional compensation
or payment.
3.7 Information Required
At registration, you are required to submit the following information: a handle that will be your user name, a password, and your e-mail address.
The Tournament reserves the right, in its sole discretion, to change and/or suspend/terminate offensive handles/user names.
Once the account has been created, you are required to submit the following information: the country in which you reside, your date of birth,
your pay pal account details, your XAC anticheat username.
3.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate
information will result in immediate termination of your account.
3.9 Cancellation of Membership
To cancel your membership you must contact The-Tournament via e-mail at
cancellations@the-tournament.com. Please include your
handle/user name and a brief reason why you wish to cancel your membership. Any feedback regarding the site, the running of the site and events would be appreciated.
3.10 Telecommunication Charges
You are responsible for any telecommunication charges incurred while accessing The-Tournament, including but not limited to, long distance charges,
local phone charges, equipment and line costs. Any dispute of these charges is strictly between you and your telecommunication provider.
3.11 Privacy Policy
To view the Company's full privacy policy (which forms part of these Terms and Conditions)
3.12 Chat / Message Board Policy
The following is a summary of the Chat and Message Board Policy for The-Tournament. Any member who violate any of these standards shall be subject
to immediate sanction (as determined by The-Tournament in its sole discretion), including membership termination and blocking of access to
The-Tournament and, if applicable, disclosure to the relevant authorities.
i - The-Tournament reserves the right to remove any posts for any reason.
ii - Profanity, obscenities, or "masking" characters to disguise such words, is not permitted.
iii - Obscene, lewd, slanderous, pornographic, abusive, violent, indecent, threatening, racist and harassing language of any kind will not be tolerated.
iv - Opinions or comments on the subject at hand are welcomed, but attacking or otherwise libelling or defaming individuals, companies or products is not permitted.
v - Advertising or promotion of other companies, products, servers or URLs is not permitted.
vi - No copyrighted materials are allowed in messages.
vii - Information disclosed in The-Tournament chat rooms or message boards becomes property of The-tournament and is revealed to the public. The-Tournament is not responsible for any information you choose to disclose to others.
viii - "Flooding" or “Spamming” of The-Tournament, or any area of The-Tournament, by posting large numbers of messages which contain no substantive content, posting large numbers of messages with little or no content, or any similar activity is not permitted.
3.13 Abuse
Anyone who abuses The-Tournament, including but not limited to, the use of unauthorised or altered software or hardware to assist play, harasses
other participants, posts objectionable material, breaches any of these Terms and Conditions, other provision of The-Tournament or the terms of
any other agreement between you and The-Tournament, or breaches the security of any membership account and/or The-Tournament (collectively, "Abuse")
, shall be subject to immediate sanction (as determined by The-Tournament in its sole discretion), including membership termination and blocking of
access to The-Tournament and, in the case of breach of security or credit card fraud, disclosure to the relevant authorities. Additionally, all
winnings (if any) may be voided at the sole discretion of The-Tournament.
IV - LIMITATION ON LIABILITY
4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT, MEMBERSHIP AND/OR PARTICIPATING IN ANY EVENT, COMPETITIVE PLAY, QUALIFYING ROUND OR TOURNAMENT OFFERED ON
www.the-tournament.com OR OTHERWISE USING OR LOGGING ONTO
www.the-tournament.com,
YOU AGREE THAT THE-TOURNAMENT AND OF THE-TOURNAMENT’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY
OR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS
OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION,
AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE-TOURNAMENT IN ANY WAY (INCLUDING WITHOUT LIMITATION TOURNAMENTS
AVAILABLE VIA
www.the-tournament.com) OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF
www.the-tournament.com, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS
OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR
DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE, WHETHER OR NOT THE-TOURNAMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE-TOURNAMENT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE-TOURNAMENT OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR
AUDIO FROM THE-TOURNAMENT.
4.2 No Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW ALL GOODS AND SERVICES PROVIDED ON THE-TOURNAMENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE COMPANY HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
Nothing in this legal notice shall exclude or limit The-Tournament's liability for -
(a) death or personal injury caused by negligence.
(b) fraud.
(c) any liability which cannot be excluded or limited under applicable law.
If your use of material on the-Tournament results in the need for servicing, repair or correction of equipment, software or data, you assume
all costs thereof.
4.3 Payment Mechanism
You are responsible for paying your fee’s due to The-Tournament on time. You agree that The-Tournament is not liable for any loss caused by any
unauthorized use of your credit card or other method of payment by a third party in connection with your use of The-Tournament.
Any attempt to defraud The-Tournament through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by
you to honour legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which
you are otherwise entitled, and civil and/or criminal prosecution.
4.4 Unauthorized Use and Access
By registering for an account and/or participating in any event, competitive play, qualifying rounds or tournaments offered by The-Tournament,
you agree that The-Tournament is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access
or use of The-Tournament or your account.
Any attempt to gain unauthorized access to The-Tournament's systems or any account, interfere with procedures or performance of The-Tournament,
install or use any cheating mechanisms in game play or deliberately damage or undermine The-Tournament will be reported to the proper law enforcement
authorities and is subject to civil and/or criminal prosecution and will result in immediate termination of your account.
4.5 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of
The-tournament) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access The-Tournament, or
participate in any event using your account information. Your account is not transferable to any other person. By registering and/or participating
in any event offered by The-Tournament, you agree to indemnify, defend, and hold The-Tournament harmless from or for any claims, liability, damages,
and/or costs (including attorneys' fees) arising from any use of your account by any person.
4.6 Account Termination
The-Tournament reserves the right to terminate your account, for any reason, including but not limited to any reasons listed in Sections 3.12 and 3.13.
By registering for an account and/or participating in any event, game or tournament offered by The-Tournament, you consent to allow The-Tournament to
access your account information to investigate complaints or other allegations of abuse.
The-Tournament may terminate any event, game or tournament arranged by them with or without cause at any time, effective immediately upon notice to
you; such notice may be in the form of an electronic mail message, or may be posted within The-Tournament itself prior to termination. The-Tournament
shall not be liable to you for termination of the event, game or tournaments under any theory of law or equity.
4.7 Links
The-Tournament may contain links to other web sites and resources which are provided solely for your convenience. You acknowledge and agree that
The-Tournament does not control, and is not responsible or liable for, the availability or accuracy of such web sites or resources or the content,
advertising, or products on or available from such web sites or resources. The inclusion of any link on The-Tournament does not imply that
The-Tournament endorses, or makes any representation or warranty about, the linked site or resource. If you decide to access any such websites
and resources linked to The-Tournament you do so entirely at you own risk.
4.8 Indemnification
You agree to indemnify and hold The-Tournament, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any claim
or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of The-Tournament (including
without limitation your participation in prize tournaments), your violation of these Terms and Conditions, or the infringement by you or any other
user of The-Tournament using your user name/handle and password (whether or not you are the individual who undertakes such activities).
Violations
PLEASE REPORT ANY VIOLATIONS OF THESE TERMS & CONDITIONS TO
ABUSE@THE-TOURNAMENT.COM.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH
HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE-TOURNAMENT WEBSITE YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND
CONDITIONS.