PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Higher Level Gaming LLC (with its affiliates, “Higher Level Gaming”) consisting of the website available at http://www.HigherLevelGaming.com, and its network of websites, software applications, or any other products or services offered by Higher Level Gaming (the “Higher Level Gaming Services ”). Other services offered by Higher Level Gaming may be subject to separate terms.
The Terms of Service apply whether you are a user that registers an account with the Higher Level Gaming Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the Higher Level Gaming Services, you are entering into a legally binding agreement between you and Higher Level Gaming regarding your use of the Higher Level Gaming Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Higher Level Gaming Services.
When using or opening an account with Higher Level Gaming on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
The Higher Level Gaming Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Higher Level Gaming Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Higher Level Gaming Services are also not available to any users previously removed from the Higher Level Gaming Services by Higher Level Gaming. Finally, the Higher Level Gaming Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE HIGHER LEVEL GAMING SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE Higher Level Gaming SERVICES.
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to Higher Level Gaming upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Higher Level Gaming, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Higher Level Gaming reserves all available legal rights and remedies to prevent unauthorized use of the Higher Level Gaming Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify Higher Level Gaming at firstname.lastname@example.org
Access to the Higher Level Gaming Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Higher Level Gaming Services.
Higher Level Gaming may amend any of the terms of these Terms of Service by posting the terms. Your continued use of the Higher Level Gaming Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
The Higher Level Gaming Services are owned and operated by Higher Level Gaming. Unless otherwise indicated, all content, information, and other materials on the Higher Level Gaming Services (excluding User Content, set out in Section 8 below), including, without limitation, Higher Level Gaming’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Higher Level Gaming Services are the property of Higher Level Gaming or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Higher Level Gaming, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Higher Level Gaming Services for your personal use or internal business use only.
Higher Level Gaming reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Higher Level Gaming Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Higher Level Gaming Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Higher Level Gaming Services, the Materials, or any information contained in them, except as expressly permitted on the Higher Level Gaming Services; or (f) any use of the Higher Level Gaming Services or the Materials except for their intended purposes. Any use of the Higher Level Gaming Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Higher Level Gaming, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Higher Level Gaming can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the Higher Level Gaming Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Higher Level Gaming Services; or (c) we are unable to continue providing the Higher Level Gaming Services to you due to technical or legitimate business reasons.
Higher Level Gaming allows users to distribute streaming and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Higher Level Gaming Services (“User Content”).
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Higher Level Gaming or third parties. Higher Level Gaming reserves all rights and remedies against any users who breach these representations and warranties.
Higher Level Gaming uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Higher Level Gaming does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Higher Level Gaming shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against Higher Level Gaming for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY Higher Level Gaming HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Higher Level Gaming Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Higher Level Gaming Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Higher Level Gaming, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Higher Level Gaming Services.
YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Higher Level Gaming Services.
You agree that you will comply with these Terms of Service and Higher Level Gaming’s Community Guidelines and will not:
Higher Level Gaming takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Higher Level Gaming liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Higher Level Gaming Services. Your use of the Higher Level Gaming Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Higher Level Gaming Services will not contain any content that is prohibited by such rules.
Higher Level Gaming is not liable for any statements or representations included in User Content. Higher Level Gaming does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Higher Level Gaming expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Higher Level Gaming reserves the right to remove, screen or edit any User Content posted or stored on the Higher Level Gaming Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Higher Level Gaming Services at your sole cost and expense. Any use of the Higher Level Gaming Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Higher Level Gaming Services.
Higher Level Gaming respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Higher Level Gaming Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.
Higher Level Gaming, the Higher Level Gaming logos, and any other product or service name, logo, or slogan used by Higher Level Gaming, and the look and feel of the Higher Level Gaming Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Higher Level Gaming, and may not be used in whole or in part in connection with any product or service that is not Higher Level Gaming’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Higher Level Gaming, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Higher Level Gaming may provide you from time to time.
All other trademarks referenced in the Higher Level Gaming Services are the property of their respective owners. Reference on the Higher Level Gaming Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
In addition to the User Content, Higher Level Gaming may provide other third party content on the Higher Level Gaming Services (collectively the “Third-Party Content”). Higher Level Gaming does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the Higher Level Gaming Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the Higher Level Gaming Services (“Reference Sites”). Higher Level Gaming does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Higher Level Gaming Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Higher Level Gaming or its employees, you acknowledge and agree that Higher Level Gaming shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
To the fullest extent permitted by applicable law, Higher Level Gaming reserves the right, without notice and in our sole discretion, to terminate your license to use the Higher Level Gaming Services (including to post User Content), and to block or prevent your future access to and use of the Higher Level Gaming Services, including where we reasonably consider that: (a) your use of the Higher Level Gaming Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Higher Level Gaming Services; or (c) we are unable to continue providing the Higher Level Gaming Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions, Higher Level Gaming Prime or Turbo accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Higher Level Gaming Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Higher Level Gaming in operating the Higher Level Gaming Services, or (iv) any content or information transmitted through the Higher Level Gaming Services, is to terminate your account and to discontinue use of any and all parts of the Higher Level Gaming Services.
You agree to indemnify, defend, and hold harmless Higher Level Gaming, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Higher Level Gaming Services, any User Content you post, store or otherwise transmit in or through the Higher Level Gaming Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Higher Level Gaming reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Higher Level Gaming, and you agree to cooperate with Higher Level Gaming’s defense of these claims. Higher Level Gaming will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE HIGHER LEVEL GAMING SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HIGHER LEVEL GAMING; (B) HIGHER LEVEL GAMING, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“HIGHER LEVEL GAMING PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE HIGHER LEVEL GAMING SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) HIGHER LEVEL GAMING DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE HIGHER LEVEL GAMING SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) HIGHER LEVEL GAMING IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE HIGHER LEVEL GAMING ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE HIGHER LEVEL GAMING SERVICES SAFE, HIGHER LEVEL GAMING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE HIGHER LEVEL GAMING SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIGHER LEVEL GAMING OR THROUGH THE HIGHER LEVEL GAMING SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “HIGHER LEVEL GAMING” INCLUDES Higher Level Gaming’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HIGHER LEVEL GAMING OR THE HIGHER LEVEL GAMING PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE HIGHER LEVEL GAMING SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HIGHER LEVEL GAMING, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HIGHER LEVEL GAMING’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HIGHER LEVEL GAMING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE HIGHER LEVEL GAMING SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HIGHER LEVEL GAMING SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HIGHER LEVEL GAMING AND RECEIVED THROUGH OR ADVERTISED ON THE HIGHER LEVEL GAMING SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT HIGHER LEVEL GAMING HAS OFFERED THE HIGHER LEVEL GAMING SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HIGHER LEVEL GAMING, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HIGHER LEVEL GAMING. HIGHER LEVEL GAMING WOULD NOT BE ABLE TO PROVIDE THE HIGHER LEVEL GAMING SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Higher Level Gaming without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.