Beam.gg Terms of Service
Last updated: September 20, 2020
Please read these terms and conditions of use as set out below (the “Terms”) carefully before using the beam.gg web site and all content, services, and products available at or through the website, including but not limited to, the beam.gg hosting service (collectively with the web site, the “Service”). These Terms govern your access to and use of this Service, including the messages, information, data, text, software, images and other content that make up this site (the “Content,” which content is part of this Service). These Terms exempt Esports Tickets Inc. (“Esports,” “we,” or “us”) and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of this site.
Please read these terms and conditions of use as set out below (the “Terms”) carefully before using the beam.gg web site and all content, services, and products available at or through the website, including but not limited to, the beam.gg hosting service (collectively with the web site, the “Service”). These Terms govern your access to and use of this Service, including the messages, information, data, text, software, images and other content that make up this site (the “Content,” which content is part of this Service). These Terms exempt Esports Tickets Inc. (“Esports,” “we,” or “us”) and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of this site.
1. TERMS OF USE OF SERVICE
Your use of this Service is conditional on your acceptance of these Terms. By visiting or using this Service you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to this Service. You also agree to comply with our privacy statement available at https://beam.gg/privacy (the “Privacy Statement”).
If you do not agree to abide by these Terms, you cannot use this Service or register to become a member of this Service. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to this Service. It is your responsibility to check these Terms each time you access this Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of this Service immediately. Your continued use of this Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of this Service and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including:
(i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service;
(ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and
(iii) removing, adding, modifying or otherwise changing any Content on this Service.
To register on and use the Service you must be 13 years of age or older. If you use the Services, you affirm you are at least 13 years old.If you are not entering into these Terms as an individual for yourself, you represent that you have the authority to enter into these Terms on behalf of your company or other person on whose behalf you may be entering into these Terms (“Organization”). As an Organization, any reference to “you” within these terms shall also jointly be a reference to your Organization.
2. LIMITED LICENSES
Subject to these terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use this Service, including the Content therein accessible through this Service, solely for informational purposes and solely for your own personal use or your internal business use if you are an Organization (as defined below).You may not, nor may you cause or assist another to:
a. modify, reverse engineer, decompile, create derivative works from, or disassemble this Service for any reason whatsoever, including for the purpose of creating competitive products or services;
b. resell any Content or include any Content in or with any product that you create or distribute;
c. copy any Content onto your own or any other web site or into a database or mobile application;
d. use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including without limitation uploading, posting or otherwise transmitting on this Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service);
e. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Content in whole or in part;
f. use this Service for commercial purposes or activities including without limitation:
i. selling or offering to sell any goods or services;
ii. soliciting for advertisers or sponsors;
iii. soliciting for donations; or
iv. sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
g. use this Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates;
h. post any content (including Organizer Marks) to the Service that may infringe upon any third party copyright, registered patent(s), proprietary rights or Third Party Marks; or
i. interfere with any other persons’ use and enjoyment of this Service or of the Internet generally.
To the extent you are in breach of your obligations under these Terms, Esports may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law. Moreover, Esports reserves the right, exercisable in its sole discretion, to take any action to cure any risk or threat to the Services caused by a breach of your obligations.
3. Description of Service
Our service enables people to create, launch, and manage a community dedicated to an individual, brand, organization, or interest (“Community”) for a fee and allow others to participate in these Communities. People who create and manage these communities (“Admin”) do so to invite in people to connect with each other, to message, and to exchange information and content. Admins tailor their community by the Members they invite, the conversations they organize, their Community’s name, and additional branding they may choose to use.
4. Membership and Accounts
To use the Service, you must register for an account to become a User of the Service. Users of the Service (“User”) include anyone who accesses the Service as an Admin and anyone who accesses the Service for the purpose of participating in a Community (“Members”).
To register for an Admin account:
a. As an Admin, you must register by providing a password, legal name, valid email address, and payment processor information. You must provide complete and accurate information to us and notify us if your information changes. Submission of such registration information does not guarantee that you will be allowed access to use the Service. Any personal information which Esports collects via the Service is subject to our Privacy Statement. You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is with your knowledge and consent.
b. You may not share your password with any other person. You are responsible for all activity occurring under your Admin account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal information. You shall: (A) notify us immediately of any unauthorized use of any password or Admin account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any Admin account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
c. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Service to the extent permitted by law.
d. You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
e. You represent you will use the Services in accordance with Canada’s Anti-Spam Laws and, if necessary, enable Esports to comply with such laws.
To register for a Member account:
a. As a Member, you must register for an account by providing your name, password, and a valid email address. You must provide complete and accurate information to us and notify us if your information changes. Submission of such registration information does not guarantee that you will be allowed access to use the Service. Any personal information which Esports collects via the Service is subject to our Privacy Statement. You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is with your knowledge and consent.
b. You may not share your password with any other person. You are responsible for all activity occurring under your Member account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal information. You shall: (A) notify us immediately of any unauthorized use of any password or Member account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any Member account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
c. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Service to the extent permitted by law.
d. You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
In these Terms, “Postings” refer to the text, images, comments, or other information posted by an Admin or a Member through this Service.
5. Responsibilities of Admins
As an Admin, you agree that you are responsible for maintaining the security of your account and Community and you will oversee, manage, and are fully responsible for all activities that occur under the account and any other actions taken in connection with the Community including the content of any Postings. You must not describe or assign keywords to your Community in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Esports may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Esports liability. You must immediately notify Esports of any unauthorized uses of your Community, your account or any other breaches of security. Esports will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must also remove Postings from the Service that violate these Terms.
If you elect to send an electronic message through this Service (or otherwise) to a Member, you are responsible for the content of such message and compliance with all applicable law, including anti-spam legislation.
You agree and acknowledge that Esports has no control and assumes no responsibility regarding a Member’s obligation to you or your Organization, as applicable, as a result of using this Service.
The downloading, copying and use of the Postings will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
If your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make these available, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Postings;
You have fully complied with any third-party licenses relating to the Postings, and have done all things necessary to successfully pass through to Members any required terms; The Postings do not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The Postings are not spam, are not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Postings are not pornographic, libelous or defamatory, do not contain threats or incite violence towards individuals or entities, and do not violate the privacy or publicity rights of any third party;
Your Community is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other forums and web sites, and similar unsolicited promotional methods;
Your Community is not named in a manner that misleads your readers into thinking that you are another person or company; and
You have, in the case of Postings that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Esports or otherwise.
By submitting Postings to Esports for inclusion in your Community, you grant Esports a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Postings solely for the purpose of displaying, distributing and promoting your Community. If you delete Postings, Esports will use reasonable efforts to remove it from the Community, but you acknowledge that caching or references to these may not be made immediately unavailable.
Without limiting any of those representations or warranties, Esports has the right (though not the obligation) to, in Esports’ sole discretion
(i) refuse or remove any content that, in Esports’ reasonable opinion, violates any Esports policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Esports’ sole discretion.
6. Transaction Terms
Your use of certain services provided within the Service is contingent upon your payment of fees, as such fees are set out in the Service and as amended from time to time. Please note that prices and charges associated with this Service are set out in U.S. dollars.
Esports (or a third party payment processor on our behalf) will invoice you on both a per transaction and subscription basis, as applicable, for fees due with respect to the Service, as well as any processing fee charged to Esports by our third party payment processor, if applicable.
Payments may be processed on behalf of Esports by a third party payment processor using their secure site. Upon submitting your order your information will be sent to the third party payment processor. Personal information that you submit during the payment process is subject to our Privacy Statement.
You are responsible for and agree to pay promptly all charges to your account, including applicable taxes on use by you or anyone you allow to use your account and password to access this Service. You agree and accept responsibility for keeping all your account information current, including your name, address, payment information, telephone number, and email address. Esports will charge applicable fees to any payment method you authorize (“Authorized Payment Method”), and will continue to charge this for applicable fees until the Services are terminated and any and all outstanding fees have been paid in full.
Monthly subscription fees are paid in advance on every first day of the month for the month when the service occurs and is ongoing. Any subscription fees incurred within a month will be charged on a pro rata basis for that month and on the first day of each successive month. By purchasing a monthly subscription, you agree to an initial and recurring monthly subscription fee at the then-current monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. Users have to bring up and settle any fees issues before the first day of the month.
Yearly subscription fee is pre-paid for one year of Service. After one year and annually thereafter, you will be charged a recurring yearly subscription renewal fee at the then-current yearly subscription rate. We will notify you before the renewal fee is charged. Fees will be charged on the day you have purchased the yearly subscription and on that same date annually thereafter until you cancel your subscription.
Any additional fees or other purchases made will be charged from time to time at Esports’ discretion. Fees will appear on an invoice which will be sent to Admins via the email provided.
If we are not able to process payment of fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method after 3 days. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Community for all Users trying to get into your account. You and any Members will not be able to access your Community during any period of suspension. Your Community and account will be reactivated upon payment of any outstanding fees plus any applicable fees to your next billing. If the outstanding fees remain unpaid for 60 days following the date of suspension, Esports reserves the right to terminate your account and Community.
All fees are exclusive of applicable federal, provincial, state, local or other taxes, fees or charges now in force or enacted in the future (“Taxes”). To the extent Esports charges these Taxes, they are calculated using the tax rates that apply based on the billing address provided to us. Such amounts are in addition to any subscription fees and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with appropriate evidence of your exemption. Any exemptions will only apply from and after the date we receive evidence satisfactory to Esports of your exemption. If you are not charged Taxes by Esports, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Esports under these Terms shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Esports to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Esports shall be entitled to charge the full amount of fees stipulated under these Terms to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
Esports reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time without any notice or any liability to you or any other person. Esports reserves the right to limit the Service provided to any user. Esports also reserves the right at any time to reject, cancel or terminate any transaction.If you as an Admin terminate your Service, we will not refund any payment for your unused Service. If we terminate your Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Service.
7. Proprietary Rights
This Service is protected by international copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Esports-Tickets,” constitute trade-marks, trade names, trade dress and associated products and services of Esports or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of Esports suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Esports or such third party, as applicable, is strictly prohibited.
8. Linked Services
Certain links on this Service or in Postings made or shared through this Service may take you to other web sites that are not owned or operated by Esports. Esports provides these links only as a convenience. Esports is not responsible for the content of any such linked web sites. Esports makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply that Esports is endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and Esports without the prior written consent of Esports; (d) misrepresent the relationship of you or any other person with Esports or present false, misleading or otherwise damaging information or impressions about Esports or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will Esports provide any form of remuneration for any links you may make to this Service.
We offer certain functionalities integrated with third party service providers and applications. These third party applications are bound by their own Terms of Service and Privacy Statements.
9. OUR PROPRIETARY RIGHTS
Any personal information which Esports collects via this Service is subject to the Privacy Statement available at https://beam.gg/privacy
When you interact with this Service, you agree that information about you and your use of this Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
10. Admin and Member Communications
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize access, and assess utilization of this Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
11. Admin and Member Submissions (solicited and unsolicited)
a. Subject to any applicable law and the requirements of our Privacy Statement:
i. We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
ii. Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of Esports and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
b. We are not obliged to monitor, screen, police or edit your use of this Service, including any Postings or other content you or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including without limitation use that constitute copyright infringement.
c. Admins and Members may be permitted to create, submit, or share Postings to this Service. In submitting any Postings, you agree:
i. that you are solely responsible for your Postings and any other actions and communications undertaken or transmitted in the course of your usage of this Service, and that you will comply with all laws that apply or may apply to your use of or activities on this Service.
ii. not to post any Postings that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way; (B) involve materials that constitute, depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (C) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including Esports; or (D) disclose any private or personal information about any person without that person’s permission.
d. Comments or opinions expressed in each Posting are those of their respective contributors, and do not represent the views of Esports. Esports has no obligation to screen or censor any of the Postings, although as described above Esports reserves the right to do so from time to time. As a result, Esports has no control over, and disclaims any responsibility and liability for, the content, truth, accuracy, or completeness of any Posting, or the quality, safety or legality of the subject of the Posting. Each person making a Posting is solely responsible for the form, content and accuracy of such Posting. In addition, because user authentication on the Internet is difficult, Esports cannot and does not confirm that each User is who they claim to be. As a result, you acknowledge there may be, and you assume all, risks associated with dealing with other Users with whom you come in contact through this Service, including without limitation risk of harm in dealing with strangers, foreign nationals, underage persons or people acting under false pretenses.
12. Disclaimer
We make no representation or warranty and there are no conditions of any kind regarding this Service, the Content, Postings, Admins or Members, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content, Postings, Admins or Members, including that they are appropriate or available for use at any locations outside Canada. Accessing the Service, the Content, Postings, Admins or Members from locations where the Service, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Content, Postings, Admins or Members obtained from or through the Service contrary to Canadian law is also prohibited. If you access this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
You acknowledge and agree that this Service (including without limitation the Content, Postings, Admins or Members) is provided on an “AS IS” basis and that any use of or reliance on this Service shall be at your sole risk.
We do not screen or censor the Postings, including any Member profiles or the Members. We are not involved in, not party to, and do not control, the actual engagement between Admins and Members. You agree that we are not responsible for the quality, safety, and condition of the Postings or the profiles posted.
ESPORTS AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT, POSTINGS, ADMINS, AND MEMBERS). FOR GREATER CERTAINTY, ESPORTS DOES NOT WARRANT THAT THIS SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE.
13. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL ESPORTS AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “ESPORTS REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE CONTENT, POSTINGS, AND ADMINS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, CONTENT, POSTINGS, ADMINS, MEMBERS, ANY POSTING OF THIRD PARTY MARKS. POSTING OF ANY INFRINGING USER MARKS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT, POSTINGS, ADMINS, MEMBERS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY ESPORTS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT ESPORTS ACTS AS TRUSTEE FOR THE ESPORTS REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF AN ESPORTS REPRESENTATIVE. ESPORTS AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH ESPORTS REPRESENTATIVE.
14. Indemnity
You will indemnify and hold the Esports Representatives harmless from and against any claims brought by third parties arising out of your use of this Service, and any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that the Esports Representatives will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Esports Representatives in connection therewith.
15. Admin Indemnity
You, as an Admin, will indemnify and hold the Esports Representatives harmless from and against any claims arising out of your Community and any agreement or breach of agreement between you and any Members, including by any terms that you include in your Postings. You agree that the Esports Representatives will have no liability in connection with any such activities, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Esports Representatives in connection therewith.
16. Choice of law
You agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.Any dispute between us and you or any other person arising from, in connection with or relating to this Service, these Terms, any transaction through this Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
17. Termination of Use
As an Admin, you may terminate your account at any time by contacting support@beam.gg. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND YOUR SUBSCRIPTION AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND SUBSCRIPTION AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE ANY ONGOING AGREEMENT WITH US.
As a Member, you may delete your account in a Community by selecting to do so in your account settings. If you are banned from the Community due to a breach of Terms or any community rules, you can communicate with your Admin with regards to lifting of the ban and readmittance into the Community. Any Community decisions would be under the discretion of the Community Admin.
If you breach any provision of these Terms, then you may no longer use this Service. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your account with or without notice.
Esports may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, if you have a paid subscription plan or signed agreement with Esports, such account can only be terminated by Esports if you materially breach these Terms or Agreement and fail to cure such breach within thirty (30) days from Esport’s notice to you thereof; provided that, Esports can terminate your Community immediately as part of a general shut down of our service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. Any outstanding balance owed to Esports for your use of the Service through the effective date of such termination will immediately become due and payable in full.
18. General
These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. Notwithstanding the foregoing, if you and Esports agree to a written agreement and such agreement expressly overrides these Terms, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Esports. You and Esports are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and Esports and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
19. Notices
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at support@beam.gg. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
20. Language
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.
Your use of this Service is conditional on your acceptance of these Terms. By visiting or using this Service you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to this Service. You also agree to comply with our privacy statement available at https://beam.gg/privacy (the “Privacy Statement”).
If you do not agree to abide by these Terms, you cannot use this Service or register to become a member of this Service. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to this Service. It is your responsibility to check these Terms each time you access this Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of this Service immediately. Your continued use of this Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of this Service and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including:
(i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service;
(ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and
(iii) removing, adding, modifying or otherwise changing any Content on this Service.
To register on and use the Service you must be 13 years of age or older. If you use the Services, you affirm you are at least 13 years old.If you are not entering into these Terms as an individual for yourself, you represent that you have the authority to enter into these Terms on behalf of your company or other person on whose behalf you may be entering into these Terms (“Organization”). As an Organization, any reference to “you” within these terms shall also jointly be a reference to your Organization.
2. LIMITED LICENSES
Subject to these terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use this Service, including the Content therein accessible through this Service, solely for informational purposes and solely for your own personal use or your internal business use if you are an Organization (as defined below).You may not, nor may you cause or assist another to:
a. modify, reverse engineer, decompile, create derivative works from, or disassemble this Service for any reason whatsoever, including for the purpose of creating competitive products or services;
b. resell any Content or include any Content in or with any product that you create or distribute;
c. copy any Content onto your own or any other web site or into a database or mobile application;
d. use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including without limitation uploading, posting or otherwise transmitting on this Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service);
e. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Content in whole or in part;
f. use this Service for commercial purposes or activities including without limitation:
i. selling or offering to sell any goods or services;
ii. soliciting for advertisers or sponsors;
iii. soliciting for donations; or
iv. sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
g. use this Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates;
h. post any content (including Organizer Marks) to the Service that may infringe upon any third party copyright, registered patent(s), proprietary rights or Third Party Marks; or
i. interfere with any other persons’ use and enjoyment of this Service or of the Internet generally.
To the extent you are in breach of your obligations under these Terms, Esports may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law. Moreover, Esports reserves the right, exercisable in its sole discretion, to take any action to cure any risk or threat to the Services caused by a breach of your obligations.
3. Description of Service
Our service enables people to create, launch, and manage a community dedicated to an individual, brand, organization, or interest (“Community”) for a fee and allow others to participate in these Communities. People who create and manage these communities (“Admin”) do so to invite in people to connect with each other, to message, and to exchange information and content. Admins tailor their community by the Members they invite, the conversations they organize, their Community’s name, and additional branding they may choose to use.
4. Membership and Accounts
To use the Service, you must register for an account to become a User of the Service. Users of the Service (“User”) include anyone who accesses the Service as an Admin and anyone who accesses the Service for the purpose of participating in a Community (“Members”).
To register for an Admin account:
a. As an Admin, you must register by providing a password, legal name, valid email address, and payment processor information. You must provide complete and accurate information to us and notify us if your information changes. Submission of such registration information does not guarantee that you will be allowed access to use the Service. Any personal information which Esports collects via the Service is subject to our Privacy Statement. You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is with your knowledge and consent.
b. You may not share your password with any other person. You are responsible for all activity occurring under your Admin account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal information. You shall: (A) notify us immediately of any unauthorized use of any password or Admin account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any Admin account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
c. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Service to the extent permitted by law.
d. You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
e. You represent you will use the Services in accordance with Canada’s Anti-Spam Laws and, if necessary, enable Esports to comply with such laws.
To register for a Member account:
a. As a Member, you must register for an account by providing your name, password, and a valid email address. You must provide complete and accurate information to us and notify us if your information changes. Submission of such registration information does not guarantee that you will be allowed access to use the Service. Any personal information which Esports collects via the Service is subject to our Privacy Statement. You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is with your knowledge and consent.
b. You may not share your password with any other person. You are responsible for all activity occurring under your Member account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal information. You shall: (A) notify us immediately of any unauthorized use of any password or Member account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any Member account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
c. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Service to the extent permitted by law.
d. You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
In these Terms, “Postings” refer to the text, images, comments, or other information posted by an Admin or a Member through this Service.
5. Responsibilities of Admins
As an Admin, you agree that you are responsible for maintaining the security of your account and Community and you will oversee, manage, and are fully responsible for all activities that occur under the account and any other actions taken in connection with the Community including the content of any Postings. You must not describe or assign keywords to your Community in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Esports may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Esports liability. You must immediately notify Esports of any unauthorized uses of your Community, your account or any other breaches of security. Esports will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must also remove Postings from the Service that violate these Terms.
If you elect to send an electronic message through this Service (or otherwise) to a Member, you are responsible for the content of such message and compliance with all applicable law, including anti-spam legislation.
You agree and acknowledge that Esports has no control and assumes no responsibility regarding a Member’s obligation to you or your Organization, as applicable, as a result of using this Service.
The downloading, copying and use of the Postings will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
If your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make these available, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Postings;
You have fully complied with any third-party licenses relating to the Postings, and have done all things necessary to successfully pass through to Members any required terms; The Postings do not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The Postings are not spam, are not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Postings are not pornographic, libelous or defamatory, do not contain threats or incite violence towards individuals or entities, and do not violate the privacy or publicity rights of any third party;
Your Community is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other forums and web sites, and similar unsolicited promotional methods;
Your Community is not named in a manner that misleads your readers into thinking that you are another person or company; and
You have, in the case of Postings that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Esports or otherwise.
By submitting Postings to Esports for inclusion in your Community, you grant Esports a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Postings solely for the purpose of displaying, distributing and promoting your Community. If you delete Postings, Esports will use reasonable efforts to remove it from the Community, but you acknowledge that caching or references to these may not be made immediately unavailable.
Without limiting any of those representations or warranties, Esports has the right (though not the obligation) to, in Esports’ sole discretion
(i) refuse or remove any content that, in Esports’ reasonable opinion, violates any Esports policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Esports’ sole discretion.
6. Transaction Terms
Your use of certain services provided within the Service is contingent upon your payment of fees, as such fees are set out in the Service and as amended from time to time. Please note that prices and charges associated with this Service are set out in U.S. dollars.
Esports (or a third party payment processor on our behalf) will invoice you on both a per transaction and subscription basis, as applicable, for fees due with respect to the Service, as well as any processing fee charged to Esports by our third party payment processor, if applicable.
Payments may be processed on behalf of Esports by a third party payment processor using their secure site. Upon submitting your order your information will be sent to the third party payment processor. Personal information that you submit during the payment process is subject to our Privacy Statement.
You are responsible for and agree to pay promptly all charges to your account, including applicable taxes on use by you or anyone you allow to use your account and password to access this Service. You agree and accept responsibility for keeping all your account information current, including your name, address, payment information, telephone number, and email address. Esports will charge applicable fees to any payment method you authorize (“Authorized Payment Method”), and will continue to charge this for applicable fees until the Services are terminated and any and all outstanding fees have been paid in full.
Monthly subscription fees are paid in advance on every first day of the month for the month when the service occurs and is ongoing. Any subscription fees incurred within a month will be charged on a pro rata basis for that month and on the first day of each successive month. By purchasing a monthly subscription, you agree to an initial and recurring monthly subscription fee at the then-current monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. Users have to bring up and settle any fees issues before the first day of the month.
Yearly subscription fee is pre-paid for one year of Service. After one year and annually thereafter, you will be charged a recurring yearly subscription renewal fee at the then-current yearly subscription rate. We will notify you before the renewal fee is charged. Fees will be charged on the day you have purchased the yearly subscription and on that same date annually thereafter until you cancel your subscription.
Any additional fees or other purchases made will be charged from time to time at Esports’ discretion. Fees will appear on an invoice which will be sent to Admins via the email provided.
If we are not able to process payment of fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method after 3 days. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Community for all Users trying to get into your account. You and any Members will not be able to access your Community during any period of suspension. Your Community and account will be reactivated upon payment of any outstanding fees plus any applicable fees to your next billing. If the outstanding fees remain unpaid for 60 days following the date of suspension, Esports reserves the right to terminate your account and Community.
All fees are exclusive of applicable federal, provincial, state, local or other taxes, fees or charges now in force or enacted in the future (“Taxes”). To the extent Esports charges these Taxes, they are calculated using the tax rates that apply based on the billing address provided to us. Such amounts are in addition to any subscription fees and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with appropriate evidence of your exemption. Any exemptions will only apply from and after the date we receive evidence satisfactory to Esports of your exemption. If you are not charged Taxes by Esports, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Esports under these Terms shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Esports to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Esports shall be entitled to charge the full amount of fees stipulated under these Terms to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
Esports reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time without any notice or any liability to you or any other person. Esports reserves the right to limit the Service provided to any user. Esports also reserves the right at any time to reject, cancel or terminate any transaction.If you as an Admin terminate your Service, we will not refund any payment for your unused Service. If we terminate your Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Service.
7. Proprietary Rights
This Service is protected by international copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Esports-Tickets,” constitute trade-marks, trade names, trade dress and associated products and services of Esports or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of Esports suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Esports or such third party, as applicable, is strictly prohibited.
8. Linked Services
Certain links on this Service or in Postings made or shared through this Service may take you to other web sites that are not owned or operated by Esports. Esports provides these links only as a convenience. Esports is not responsible for the content of any such linked web sites. Esports makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply that Esports is endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and Esports without the prior written consent of Esports; (d) misrepresent the relationship of you or any other person with Esports or present false, misleading or otherwise damaging information or impressions about Esports or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will Esports provide any form of remuneration for any links you may make to this Service.
We offer certain functionalities integrated with third party service providers and applications. These third party applications are bound by their own Terms of Service and Privacy Statements.
9. OUR PROPRIETARY RIGHTS
Any personal information which Esports collects via this Service is subject to the Privacy Statement available at https://beam.gg/privacy
When you interact with this Service, you agree that information about you and your use of this Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
10. Admin and Member Communications
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize access, and assess utilization of this Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
11. Admin and Member Submissions (solicited and unsolicited)
a. Subject to any applicable law and the requirements of our Privacy Statement:
i. We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
ii. Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of Esports and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
b. We are not obliged to monitor, screen, police or edit your use of this Service, including any Postings or other content you or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including without limitation use that constitute copyright infringement.
c. Admins and Members may be permitted to create, submit, or share Postings to this Service. In submitting any Postings, you agree:
i. that you are solely responsible for your Postings and any other actions and communications undertaken or transmitted in the course of your usage of this Service, and that you will comply with all laws that apply or may apply to your use of or activities on this Service.
ii. not to post any Postings that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way; (B) involve materials that constitute, depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (C) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including Esports; or (D) disclose any private or personal information about any person without that person’s permission.
d. Comments or opinions expressed in each Posting are those of their respective contributors, and do not represent the views of Esports. Esports has no obligation to screen or censor any of the Postings, although as described above Esports reserves the right to do so from time to time. As a result, Esports has no control over, and disclaims any responsibility and liability for, the content, truth, accuracy, or completeness of any Posting, or the quality, safety or legality of the subject of the Posting. Each person making a Posting is solely responsible for the form, content and accuracy of such Posting. In addition, because user authentication on the Internet is difficult, Esports cannot and does not confirm that each User is who they claim to be. As a result, you acknowledge there may be, and you assume all, risks associated with dealing with other Users with whom you come in contact through this Service, including without limitation risk of harm in dealing with strangers, foreign nationals, underage persons or people acting under false pretenses.
12. Disclaimer
We make no representation or warranty and there are no conditions of any kind regarding this Service, the Content, Postings, Admins or Members, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content, Postings, Admins or Members, including that they are appropriate or available for use at any locations outside Canada. Accessing the Service, the Content, Postings, Admins or Members from locations where the Service, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Content, Postings, Admins or Members obtained from or through the Service contrary to Canadian law is also prohibited. If you access this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
You acknowledge and agree that this Service (including without limitation the Content, Postings, Admins or Members) is provided on an “AS IS” basis and that any use of or reliance on this Service shall be at your sole risk.
We do not screen or censor the Postings, including any Member profiles or the Members. We are not involved in, not party to, and do not control, the actual engagement between Admins and Members. You agree that we are not responsible for the quality, safety, and condition of the Postings or the profiles posted.
ESPORTS AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT, POSTINGS, ADMINS, AND MEMBERS). FOR GREATER CERTAINTY, ESPORTS DOES NOT WARRANT THAT THIS SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE.
13. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL ESPORTS AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “ESPORTS REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE CONTENT, POSTINGS, AND ADMINS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, CONTENT, POSTINGS, ADMINS, MEMBERS, ANY POSTING OF THIRD PARTY MARKS. POSTING OF ANY INFRINGING USER MARKS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT, POSTINGS, ADMINS, MEMBERS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY ESPORTS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT ESPORTS ACTS AS TRUSTEE FOR THE ESPORTS REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF AN ESPORTS REPRESENTATIVE. ESPORTS AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH ESPORTS REPRESENTATIVE.
14. Indemnity
You will indemnify and hold the Esports Representatives harmless from and against any claims brought by third parties arising out of your use of this Service, and any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that the Esports Representatives will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Esports Representatives in connection therewith.
15. Admin Indemnity
You, as an Admin, will indemnify and hold the Esports Representatives harmless from and against any claims arising out of your Community and any agreement or breach of agreement between you and any Members, including by any terms that you include in your Postings. You agree that the Esports Representatives will have no liability in connection with any such activities, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Esports Representatives in connection therewith.
16. Choice of law
You agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.Any dispute between us and you or any other person arising from, in connection with or relating to this Service, these Terms, any transaction through this Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
17. Termination of Use
As an Admin, you may terminate your account at any time by contacting support@beam.gg. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND YOUR SUBSCRIPTION AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND SUBSCRIPTION AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE ANY ONGOING AGREEMENT WITH US.
As a Member, you may delete your account in a Community by selecting to do so in your account settings. If you are banned from the Community due to a breach of Terms or any community rules, you can communicate with your Admin with regards to lifting of the ban and readmittance into the Community. Any Community decisions would be under the discretion of the Community Admin.
If you breach any provision of these Terms, then you may no longer use this Service. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your account with or without notice.
Esports may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, if you have a paid subscription plan or signed agreement with Esports, such account can only be terminated by Esports if you materially breach these Terms or Agreement and fail to cure such breach within thirty (30) days from Esport’s notice to you thereof; provided that, Esports can terminate your Community immediately as part of a general shut down of our service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. Any outstanding balance owed to Esports for your use of the Service through the effective date of such termination will immediately become due and payable in full.
18. General
These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. Notwithstanding the foregoing, if you and Esports agree to a written agreement and such agreement expressly overrides these Terms, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Esports. You and Esports are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and Esports and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
19. Notices
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at support@beam.gg. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
20. Language
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.
