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Terms and Conditions
Last updated: July 15, 2017
User Terms and Conditions (“the agreement”)
Please read this agreement carefully. It sets out the terms under which Daily eSports offers you use of its interactive services as defined in clause 1.1 of this agreement and this website (“the site”).” by using any of the interactive services and/or the site you agree that you have read and accept these terms and conditions and that they shall apply to your use. If you do not wish to be bound by them, please leave this website.
This agreement is made between you and Daily eSports whose registered office is at 55 Village Centre Drive, Mississauga, Ontario, Canada (“Daily eSports”).
1. Interactive services
1.1 Daily eSports may make available to you chat areas, forums and/or other means by which communications, including User Generated Content (UGC), may be made available and/or disseminated publicly on the site; shopping and other commercial and/or transactional services; advisory services; and/or competitions and/or prize draws (all together the “interactive services”).
1.2 The interactive services may be operated by third parties and where they are this will be made clear to you. Where such interactive services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card, and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such interactive services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Daily eSports as a party and Daily eSports cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
2. Use of the site and the interactive services
2.1 The site and the interactive services are for personal and non-commercial use only. You may download and print portions of the site and/or the interactive services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the site and/or the interactive services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the site and/or the interactive services, including User Generated Content (UGC) (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Daily eSports is strictly prohibited. You also agree not to frame the site for any purpose, unless specifically authorized by Daily eSports to do so.
2.2 You agree that you shall not use the site or the interactive services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorize or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair, harm or try to access database information on Daily eSports’ computer systems or any third party computer system; and
2.3 (a) you agree that you will not submit any material to the site, including, without limitation, comments, reviews, ratings and material included on your profile page (“User Generated Content (UGC)”):
(i) That is in any way, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
(ii) in respect of which you do not have the necessary licenses or approvals;
(iii) which constitutes or encourages conduct that would be considered a criminal offense or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world;
(iv) which is or could be technically harmful;
(v) which is or may be deemed to be advertising or promotional materials including “spam” email;
(vi) which makes excessive demands for bandwidth;
(vii) which is inaccurate or misleading.
(b) You will not impersonate any person or entity when submitting User Generated Content (UGC) or misrepresent any affiliation with any person or entity.
(c) You acknowledge that Daily eSports have no obligation to monitor any User Generated Content (UGC) but Daily eSports has the sole discretion to modify or delete any such User Generated Content (UGC) in its sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such User Generated Content (UGC) anywhere in the world.
(d) In the event that you are in breach of these terms and conditions and/or Daily eSports’ standards for User Generated Content (UGC) at any time, Daily eSports may forthwith terminate any account that you have with it and you may not open another account with Daily eSports and Daily eSports reserves the right to terminate any such account. In the event that you continue to contravene these terms and conditions and/or the standards for User Generated Content (UGC) Daily eSports reserves the right to contact your employer, school or college or your internet service provider.
(e) Daily eSports will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of or any other information in relation to anyone who has submitted User Generated Content (UGC) to Daily eSports in breach or allegedly in breach of these terms and conditions and/or the standards for User Generated Content (UGC). We may also disclose such information where we are advised by our lawyers that a court order would be granted requiring us to disclose it, even if no legal proceedings have been commenced in relation to the same.
(f) The site enables users of the site to view the profile pages of registered users and enables registered users with profile pages to share personal data with other registered users who have profile pages. You agree that you will only use other users’ personal data published on the site in accordance with the applicable laws and regulations (including, without limitation, data protection laws) and, without limitation to the other provisions of these terms and conditions, that you will only use other users’ personal data for lawful purposes and as expressly permitted by such other user(s).
(g) You will not access or attempt to access the accounts of other users or penetrate or attempt to penetrate Daily eSports’ security measures.
(h) You acknowledge that submitting any User Generated Content (UGC) to the site does not guarantee that the User Generated Content (UGC), or any part of it will appear on the site. You cannot edit or remove User Generated Content (UGC) once you have submitted it to the site. However, if you become aware of any inaccuracy in User Generated Content (UGC) submitted by you, please contact Daily eSports at email@example.com.
2.4 If you publish any User Generated Content (UGC) via the interactive services by way of contributions to chats, discussions or user reviews or comments or via your profile page, you automatically and hereby grant to Daily eSports a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content (UGC) into any form, medium or technology now known or hereafter developed. In addition, as between you and Daily eSports, you assert and waive any and all moral rights in such User Generated Content (UGC).
2.5 The intellectual property in all design, text, graphics and other materials (other than User Generated Content (UGC)) and the selection or arrangement of such material in the site and/or the interactive services is owned by Daily eSports and/or its respective licensors.
2.6 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the site and/or the interactive services or their content (including, without limitation, any views or comment made). All information and/or data included in and/or on the sites, the interactive services, including any User Generated Content (UGC), and/or in any directory or other listings or information retrieval service made available on or through the site and/or the interactive services and/or the User Generated Content (UGC) has been so made available for guidance only. Daily eSports has no responsibility or control over the content of User Generated Content (UGC) which may not be accurate and Daily eSports cannot be held liable for any content of User Generated Content (UGC) or any consequences of you relying on it. Please be aware that any information and/or data in User Generated Content (UGC) provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any User Generated Content (UGC). Your use of all and any information and/or data included in and/or on the sites, the interactive services, including any User Generated Content (UGC), and/or in any directory or other listings or information retrieval service made available on or through the site and/or the interactive services and/or the User Generated Content (UGC) is therefore entirely at your own risk. All liability of Daily eSports, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the site and/or the interactive services is expressly excluded to the fullest extent permitted by law.
2.7 The site and/or the interactive services may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only and Daily eSports is not responsible for and does not give any warranties or make any representations regarding any such websites and/or services and is not responsible for or liable in relation to the content or your use of such websites (save to the extent required by law).
2.8 The onus for ensuring that material presented on the internet is legal rests with the original content provider, and Daily eSports will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of these terms and conditions. Notwithstanding, Daily eSports shall have the right to remove any items it believes may be illegal or otherwise in breach of these terms and conditions.
2.9 Daily eSports is the owner of:
(a) Those trademark(s) indicated as such throughout the site from time to time; and
(b) all other trademarks used in the site and/or the interactive service which are not licensed to it by any third party.
All other trademarks, product names and company names or logos cited therein are the property of their respective owners.
2.10 The provisions in clause 5 on data protection and use of personal information apply in respect of your use of the site and/or the interactive services.
3. Availability and security of the site and the interactive service.
3.1 Due to the nature of the internet, Daily eSports does not promise full and error free operation of the site and/or the interactive services at all times. All liability of Daily eSports, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the site and/or the interactive services is excluded, in so far as it is possible to do so in law.
3.2 Daily eSports shall use reasonable endeavors to ensure that the site, the interactive services and any information it holds on you are kept secure. However, due to the nature of the internet, Daily eSports cannot accept any liability for those who intentionally attempt to and/or gain unauthorized access to the same by means such as, without limitation, computer hacking (save to the extent that Daily eSports is unable to exclude such liability by law).
4.1 Where you are asked to complete a Daily eSports registration form the personal details that you provide must be true, accurate and complete.
4.2 You will keep your password(s) relevant to the site and/or the interactive services and/or User Generated Content (UGC) confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify Daily eSports immediately by email to firstname.lastname@example.org of any unauthorized use of your account of which you become aware.
4.3 You will not create additional accounts for the purpose of abusing the functionality of the site or other users or for any other reason in breach of these terms and conditions.
4.4 You can cancel your registration at any time by contacting email@example.com.
5. Data protection and use of personal information
The site and the interactive services are currently made available without charge to you by Daily eSports. However, you are responsible for all telephone charges necessary to access and use the site and the interactive services which are made available.
Daily eSports may permanently terminate your access to the interactive services immediately for any reason.
Where a claim is brought against Daily eSports by a third party in relation to your use of the site and/or the interactive services and/or any User Generated Content (UGC) you agree to fully reimburse Daily eSports and all companies within the Daily eSports group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by Daily eSports or companies within the Daily eSports group in or as a consequence of your breach of this agreement and/or your use of the site and/or interactive services and/or any User Generated Content (UGC) which is included on the site and/or the interactive services.
9. Force majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.
Any notices shall unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
11.1 this agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Daily eSports’ prior written consent.
11.2 Daily eSports reserves the right to assign or transfer all or any of its rights and obligations under this agreement to any companies in the same group as Daily eSports or other third parties. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the site.
12. No waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
13. Variation of terms
Daily eSports reserves the right to vary this agreement from time to time and such changes shall become effective as soon as they are posted. Your continued use of the site constitutes your agreement to all such changes.
14. Law and jurisdiction
Where the site and/or the interactive services are accessed from Ontario, Canada, or from outside Ontario, Canada. This agreement shall be governed by the laws of Ontario, Canada and you hereby submit to the exclusive jurisdiction of the Ontario, Canada courts.
Last updated: July 15, 2017
What are cookies
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or third-party to recognize you and make your next visit easier and the Service more useful to you.
When you use and access the Service, we may place a number of cookies files in your web browser.
We use both sesion and persistent cookies on the Service and we use different types of cookies to run the Service:
1. Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
2. Preference Cookies. Preference cookies collect information about your choices and preferences, and allow us to remember language or other local settings and customize the Site accordingly.
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4. Analytics Cookies. We may use analytics cookies to collect information about your use of the Site and enable us to improve the way it works. Daily eSports may set these cookies or they may be set by companies that help us with analytics, such as Google Analytics. For example, analytics cookies show us which are the most frequently visited pages on the Site, help us record any difficulties you have with the Site, and show us whether our advertising is effective or not. This allows us to see the overall patterns of usage on the Site, rather than the usage of a single person. We use the information to analyse the Site traffic, but we do not examine this information for individually identifying information.
5. Advertising Cookies. Advertising cookies are set to display targeted promotions or advertisements based upon your interests on the Site or to manage our advertising. These cookies collect information about your activities on this and other sites to provide you targeted advertising. These cookies may be stored and accessed by Daily eSports and/or our advertising partners. Below is a list of companies that may store or access information using advertising cookies on the Site.
6. Third-party cookies. In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisement on and through the Service, and so on.