Last Updated April 11, 2018
Any new features of our web site, including updates, upgrades, or new services, shall also be subject to these Terms of Service.
In addition, some services offered through our web site may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE. BY ACCESSING, DOWNLOADING, OR USING THE SITE, YOU, INDIVIDUALLY OR BY YOUR PARENT OR LEGAL GUARDIAN (WHERE APPLICABLE) REPRESENT AND WARRANT THAT YOU ARE LEAST 18 YEARS OF AGE OR THAT YOU ARE BETWEEN 16 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU ACCEPTS THESE TERMS HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 16 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE.
To use certain portions of the Site including our online skill based gaming platform (the “Service”), you will need to both register and create a user profile or account (“Account”) and sign up for an account with Twitch (“Twitch Account”). Eligibility is limited to persons over the age of 16 who also satisfy the Twitch terms of service.
You may not share or transfer any Account. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. GamerzArena is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password. You understand and agree that you have no ownership rights in your Account and GamerzArena may stop offering the Service at any time. Further, GamerzArena may cancel your Account and delete all information associated with your Account at any time, without notice, for violation of these Terms. GamerzArena will not be liable for any damages or loss resulting from cancellation of your Account.
You may cancel your Account at any time and cancellation will take effect immediately. GamerzArena reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled. Cancelling your GamerzArena Account will not cancel your Twitch Account, you will need to do that separately at Twitch.
The Site provides individuals that have created an account (“Players”) with the opportunity to enter certain skill-based tournaments and games (“Games”) and, for certain Games, to win prize, rewards, and point (“Prizes”). All Games are subject to the Official Rules and Regulations published in connection with that Game and any other rules and regulations applicable to such Promotion (collectively, “Rules”). If these Terms conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence. GamerzArena reserves the right to add, change, modify, suspend or discontinue any Game at any time in its sole discretion, at any time. In addition, GamerzArena may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability. The Games may include playing certain copyrighted games against other Players. All Games are subject to the protection of all applicable laws
You must have an Account in order to participate in our Service and enter into a contest (each, a “Contest”). In addition, you must make a minimum deposit to fund your account. Once funded you will have the opportunity to enter into any Contest offered through our Service. It is important to recognize that once you commit and enter into a Contest whatever fees you paid become Non-Refundable.
In the event you wish to close your account and withdraw funds you deposited into your account you may do so by contacting us at firstname.lastname@example.org. We will respond and request that you provide certain details in order to confirm your request. Once confirmed we will return your funds within 10 days less an administrative fee to cover our costs as well as any fees we incur in connection with your withdrawal.
You acknowledge that various rules, regulations and laws address and govern your ability to participate in Games and Contests with and without entry fees and/or prizes ("Gaming Laws"), and that Gaming Laws are set up by each individual U.S. state, country, territory, or jurisdiction and are not federal. Therefore, we DO NOT offer Games or Prizes to users participating in any state in which such use or action violates its Gaming Laws ("Prohibited Jurisdiction"). If you are located in any Prohibited Jurisdiction (as defined below) then you may not participate in Games for Prizes.
To abide by these laws, we will monitor the location used to access your account and will use techniques designed to block access from a certain location in our sole discretion. Similarly, if your use was not blocked by us, that is not an endorsement by us that the use of our Services is legal in your jurisdiction or otherwise. Users of our Services may be required to provide proof of residency from time to time as required by us in our sole discretion.
You must comply with the laws that apply to you in the location you access our Services, including, but not limited to, federal, state, and municipal laws governing your participation in Contests, and tournaments with entry fees and/or prizes.
In the United States, as of the "Updated" date above, we DO NOT OFFER CONTESTS REQUIRING A CASH ENTRY FEE TO PLAYERS IN THE FOLLOWING ("PROHIBITED JURISDICTIONS") STATES: ARIZONA, ARKANSAS, CONNECTICUT, DELAWARE, FLORIDA, LOUISIANA, MARYLAND, MONTANA, SOUTH CAROLINA, SOUTH DAKOTA and TENNESSEE. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We will monitor the location from which you access Services, and we will block access from any Prohibited Jurisdiction. Each time you log in to participate in a Contest with a Prize, you must accurately confirm the location from which you are playing. The foregoing restrictions in the Prohibited States do not apply to Games or Prizes with no entry fee. We make no representations or warranties, express or implied, as to the lawfulness of your accessing or participating in a Contest or any other available Services.
The following activities are prohibited within the GamerzArena platform and community. Failure to comply with these rules could result in disqualification from contests, forfeiture of earnings, suspension or disabling of your account, or formal legal action.
Users are prohibited from attempting to attack the internet connection, hardware, or software of another user during a competition. Users will not do anything that could disable, overburden, or impair our site, the appearance of any game, service attack or interference with page rendering or other functionality we provide to our users.
We have no tolerance for any form of harassment. Harassment is prohibited in Discord, a user's stream, and in any other GamerzArena-related communications. Harassment includes, but isn't limited to racism, spamming, unmerited criticism, inappropriate comments, bullying or intimidation.
No user shall discriminate any of user on the basis of sex, race, color, nationality, ethnic or national origin, ancestry, citizenship, religion (or belief, where applicable), age, physical or mental disability, medical condition, sexual orientation, veteran status, marital status, genetic information or characteristics (or those of a family member), or any other category protected under applicable federal, state or local law. If you have experienced discrimination or suspect discrimination on our platform please contact us.
Users will not post content that we in our discretion deem: hate speech, threatening, or pornographic; incites violence; or contains graphic or gratuitous violence.
It is prohibited to use third part tools such as mod menus to alter your gameplay or enhance your score.
Users will not provide any false personal information or create an account for anyone else. Users must have only one account. If we suspend or terminate a user's account such user will not create a new account.
It is prohibited for any person other than the account owner to enter a contest on that account.
Setting up friends, bots, or other people to intentionally help you boost your score is prohibited. Users may not offer to play in contests for other users on their account in return for a portion of the winnings.
Any attempt to intentionally break the contest rules and any attempt to disguise such behavior is prohibited.
Users shall not post unauthorized commercial communications (including but not limited to advertisements).
Users shall not impersonate GamerzArena staff for any reason.
No user shall solicit login information or access an account belonging to another user whether directly or by using automated means (such as harvesting bots, robots, spiders, or scrapers).
We reserve the right to remove a user name if we believe it violates someone else's legal rights or is offensive.
Providing false information, such as incorrectly accusing a user of cheating, making false complaints, etc. is prohibited.
Users may not transfer an account without our consent. In addition, under no circumstances will a user sell his or her GamerzArena account for any remuneration (cash or non-cash).
Users will act within the bounds of applicable laws, rules and regulations of their local jurisdiction and the jurisdiction under which GamerzArena operates.
The Site provides access to Games, videos, audiovisual combinations, music, sounds, graphics, photos, and other content (“Content”).
With respect to the Site itself, as between you and us, GamerzArena is the owner or authorized licensee of all Content and you acknowledge that you are only receiving a limited right to access or use this content. No Content may be used, reproduced, transmitted, distributed or otherwise exploited by you. Games may include the use third party video games belonging to other publishers or studios. GamerzArena makes no claim with respect to ownership of such Games and all Games belong to their respective owners. You may not use a Game or copy, reproduce, distribute, or access any Game. Any unauthorized use of a Game is solely at your own risk.
The name “GamerzArena” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of GamerzArena in the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress.
We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.
The Site may provide forums and/or chat features enabling users to post user observations and comments (“User Content”).
We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (a) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (b) to satisfy any applicable laws or regulations (c) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (d) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (e) in order to protect the rights or property of GamerzArena, including to enforce these Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such web sites.
Our Site uses Skrill to process orders for game credits and tokens (“Tokens”). As with many video games or offline game consoles, tokens are used to purchase entry and use of Games. When you input your credit card information as payment for an order, we direct you to Skrill, who verifies the credit card and remits the payment to us. We never see or store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes.
We may award prizes in several forms, such as crediting Tokens to your Account, branded merchandise, or in certain cases, monetary Prizes. In the event of monetary prizes (“Payouts”), we will use Skrill to remit the Payout to you.
You will be responsible for paying any applicable taxes relating to your Prizes and will indemnify and hold us harmless from your failure to pay any and all taxes.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our web site.
You shall not:
If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site.
The DMCA Notice of Alleged Infringement shall:
GamerzArena 1510 Old Deerfield Road, Suite 222 Highland Park, IL 60035 Email: email@example.com
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY USING THIS SITE, YOU AND GamerzArena ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND GamerzArena AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Neither you nor GamerzArena will be able to have a court or jury trial or participate in a class action or class arbitration. You and GamerzArena each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND GamerzArena ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
OUR GAMES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE, SERVICE, OR GAMES WILL MEET YOUR EXPECTATIONS, OR THAT THE SITE, SERVICE, OR GAMES, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANYTIME WITHOUT NOTICE. THE GAMES ARE PROVIDED FOR ENTERTAINMENT ONLY AND GamerzArena MAKES NO CLAIMS, PROMISES OR GUARANTEES WITH RESPECT TO YOUR CHANCES OF WINNING ANY PRIZE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.
IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE GamerzArena FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST GamerzArena FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF GamerzArena AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
You agree to defend, indemnify and hold harmless GamerzArena and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.
These Terms shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.
By using the Site and providing your contact and other information, you are agreeing that we may send you communications via email regarding our Products and services. You will have the opportunity to “opt out” of receiving any future marketing emails at any time.
If you provide a mobile or residential phone number to us, you expressly consent to receive from GamerzArena and its agents, marketing and advertising phone calls and text messages made using an automatic telephone dialing system or an artificial or prerecorded voice. You also understand that consent is not required to make a purchase. You may revoke your consent at any time. You warrant and represent that you are either the account owner of any mobile or residential phone numbers you provide to GamerzArena or you have the express permission of the account holder to provide such numbers.
We take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms.
GamerzArena is in no way partnered or endorsed by Twitch. GamerzArena is not affiliated with or endorsed or sponsored by any of the studios, developers, or publishers of any game or title included in a tournament. All content, games, and logos are the exclusive property of the applicable owner. All rights are reserved to each owner.