Terms & Condition for
ULTIMATE TOURNAMENT PRODUCTS
Ultiamte Tournament Inc. provides a suite of products including but not limited to:
- * Ultimate Tournament eSportsbook™
- * Ultimate Tournament Social eSportsbook™
ULTIMATE TOURNAMENT ESPORTSBOOK™
The Ultimate Tournament eSportsbook™ is the platform that designed and designated Real Money wagering platform in a compliant manner on select eSports events.
ULTIMATE TOURNAMENT SOCIAL ESPORTSBOOK™
The Ultimate Tournament Social eSportsbook™ is the Simulated Betting version of the Ultimate Touranment eSportsbook™ branded with Ultimate Tournament content. This platform DOES NOT PROVIDE ANY ABILITY TO WAGER, BET, DEPOSIT, WITHDRAW, TRANSACT, OR IN ANY WAY UTILIZE REAL MONEY TO FACILITATE GAMBLING IN ANY FORM.
- 1. Follow the Law, Ultimate Tournament’s Terms of Service, Platform Terms of Service, and These Rules You acknowledge and agree that: All bets, wagers, or predictions placed through the apps are not represented by any real dollar values, real money gambling or the use of any legal tender. All bets, wagers, or predictions placed through the apps are for social betting only. Social betting is strictly for entertainment purposes. All representations of dollar values are purely for entertainment purposes and have no real world value. These values do not represent real dollar values, real money or any legal tender and are not redeemable through any means. These values are strictly virtual goods to be used on the Ultimate Tournament Social eSportsbook platform. You will not, in any way, attempt to utilize the app to facilitate real money wagering or in any way use the app in a manner that violates any applicable law or regulation. You agree you will not, under any circumstances: Use the app or any of its Services to engage in real money gambling, the gambling of any legal tender or for any use other than social betting. Use the Services, intentionally or unintentionally, in violation of any applicable law or regulation, or in a way that may put Ultimate Tournament in violation of any applicable law or regulation, or in a way that promotes the violation of any applicable law or regulation. Engage in any act that Ultimate Tournament deems in its sole discretion to be in conflict with the spirit or intent of the Services, including but without limitation: Circumventing or manipulating the Terms of Service, these Community Rules, other Feature Terms, game rules, game mechanics, or other Ultimate Tournament policies. You agree that you will: Abide by all terms and conditions of any third-party platform provider through which you access and/or use the Ultimate Tournament Services, such as Apple, Google, or Facebook (each a “Platform”), including without limitation all terms that apply to any payment you make through any Platform. In the event of any conflict between these Rules and the applicable Platform’s terms, the applicable Platform’s terms prevail.
- 2. Account Creation and Use The following rules govern the creation and use of your Account: You must not have more than one Account, per Platform, at any given time; create an Account using a false identity or information; or create an Account on behalf of someone other than yourself. You must not sublicense, rent, lease, sell, trade, gift, bequeath, or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Ultimate Tournament’s written permission. Any such transfer or attempted transfer is prohibited and void. You must not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Ultimate Tournament’s written permission.
- 3. Improper Use of Others’ Personal Information You agree that you will not, under any circumstances: Try to unlawfully obtain login information or access Accounts belonging to any other player Seek to collect, misuse, or disseminate any other user’s content or non-public personal information. Upload or transmit, or attempt to upload or transmit, without Ultimate Tournament’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices or technologies (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms,” or “malware”).
- 4. Offensive or Infringing Content You agree that you will not, under any circumstances: Post content or a link to content that is abusive, threatening, obscene, defamatory, or libelous; is racially, sexually, religiously, or otherwise objectionable or offensive; promotes or incites violence; or violates any applicable law or regulation. Post content or a link to content that contains nudity, excessive violence, or offensive subject matter. Post content or a link to content that infringes or violates someone else’s intellectual property or other proprietary rights, or that discloses or aids in the disclosure of someone else’s confidential information. Post content or a link to content containing malicious content, including without limitation viruses, malware, or spyware. Harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including without limitation Ultimate Tournament’s employees and customer service representatives. Impersonate any other person, including without limitation an Ultimate Tournament employee.
- 5. Commercial Activity You agree that you will not, under any circumstances: Use the Services for any unauthorized commercial purpose, including but not limited to (1) communicating a commercial advertisement or facilitating a commercial transaction, including without limitation spamming other players; (2) offering or soliciting Accounts or Virtual Items for sale or transfer; or (3) soliciting donations or contributions to any personal or charitable cause. Use the Services for performing in-game services, such as power-leveling and item-collection services, in exchange for payment outside the Services.
- 6. Unauthorized Use of or Connection to the Services You agree that you will not, under any circumstances: Design, use, distribute, or sell cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party or other software designed to modify or interfere with the Services or any Ultimate Tournament game experience. Institute, execute, assist, encourage, or become involved in any type of attack on the Services, including without limitation distribution of malware, making a denial-of-service attack, or any other attempt to disrupt the Services or any other person’s use or enjoyment of the Services. Try to gain unauthorized access to the Services, Accounts registered to others, or to any computer or server used to offer or support the Services or any Ultimate Tournament game environment or network connected to the Services by any means other than the user interface provided by Ultimate Tournament, including without limitation by circumventing or modifying or causing to be modified, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, file, or software that is part of the Services. Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by Ultimate Tournament. Use any unauthorized third-party or other software that accesses, intercepts, “mines,” or otherwise collects information from or through the Services or that is in transit from or to the Services, including without limitation any software that reads areas of RAM or streams of network traffic used by the Services to store information about Ultimate Tournament game characters, elements, or environments. Ultimate Tournament may, at its sole and absolute discretion, allow the use of certain third-party user interfaces. Intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether through the use of a network analyzer, packet sniffer, or any other tools. Make any automated use of the Services or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data. Interfere or try to interfere with the proper functioning of the Services, or connect to or use the Services in any way not expressly permitted by the Terms of Service, Feature Terms, or these Rules, including without limitation disrupting, overburdening, or assisting in the disruption or overburdening of the Services. Make improper use of Ultimate Tournament’s customer support services, including by submitting false abuse reports or using profane or abusive language in communications with our support personnel. Except where permitted by law or relevant open source licenses, modify, reverse engineer, decompile, disassemble, decipher, or otherwise try to derive the source code from us, or to obtain any information from the Services using any method not expressly permitted by Ultimate Tournament. Copy, modify, or distribute content from any Ultimate Tournament game, site, or Service or content protected by Ultimate Tournament’s copyrights, trademarks, or other intellectual property rights, or use any method to copy or distribute any content in the Services except with Ultimate Tournament’s written permission.
Each individual Contest that is not free to enter has an entry fee listed in US dollars. When you select to participate in a Contest and complete the entry process, the listed amount of US dollars will be debited from your Ultimate Tournament account.
Deposits made on our site will appear on your statement as Ultimate Tournament. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered. Customers depositing funds using a credit card in some states may see a charge on their credit card statement labeled "international transaction fee" or similar description. The company processing credit card payments for Ultimate Tournament in certain states may operate outside the United States and may impose fees for international transactions. If you are charged this international transaction fee to deposit funds into your Ultimate Tournament account, you may contact Ultimate Tournament at email@example.com and request a full reimbursement of the international transaction fee. To process your reimbursement request, Ultimate Tournament will need the following information: (i) original transaction date and amount deposited; (ii) the amount(s) of the fee(s) assessed on such deposited amount; (iii) date(s) such fee(s) was/were assessed; and (iv) a copy of your credit card statement showing such fee(s). Ultimate Tournament reserves the right to request additional information to process your request. Ultimate Tournament will review your submission and if Ultimate Tournament determines that you have been charged the international transaction fee as a result of depositing funds into your Ultimate Tournament account, Ultimate Tournament will credit such amount back to your Account. Accounts may be deemed dormant or inactive, and any remaining funds held in a dormant or inactive account will be treated, in each case, in accordance with applicable state laws and regulations.
CONDITIONS OF PARTICIPATION
TERMINATION AND EFFECT OF TERMINATION
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
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DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
- Simulated Betting: Simulated gambling games imitate many of the core characteristics of gambling—such as the look, sound and actions—but do not provide an opportunity to bet, win or lose real money.
- Real Money: The offering, distribution, advertising, promotion and sale of any type of game, e.g., casino, bingo, poker, sports or sporting events, skill games, etc. played through Online Media in which real money is wagered on the outcome of the game.
- Esport: Esports is a form of competition using video games. Esports often takes the form of organized, multiplayer video game competitions, particularly between professional players, individually or as teams.