We welcome you to MillennialEsports.gg, an interactive online gaming service operated by Millennial Esports Corp. (“Millennial Esports”, “ME”, or the “Site”) and thank you for visiting. Millennial Esports is dedicated to providing you with a premier interactive online experience. This Agreement outlining the Terms and Conditions of use (the “Agreement”) applies to all websites and interactive services (“Service” or collectively the “Services”) owned or operated by Millennial Esports Corp., its subsidiaries and affiliates.
Millennial Esports offers online ladders, leagues and tournaments for users who play video games they have purchased on their own PC or video game consoles. Millennial Esports is not endorsed or affiliated with, nor does it sell or license video games produced or owned by, any video game manufacturer or studio.
1. ACCEPTANCE OF TERMS:
All website services provided to you by ME, and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (collectively referred to as “ME”, “Millennial Esports” or “we”) are provided to you subject to the following terms and conditions of service.
By using or accessing any ME website (the “Site”) or any products, content or other services available on a ME Site (each a “Service” and collectively “Services”) including Services offered on a payment basis, you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular ME Site or Service (collectively the “Terms and Conditions”), all as may be modified by ME in accordance with these Terms and Conditions.
These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to, shall be the entire agreement between you and ME and any prior communications between you and ME do not form part of these Terms and Conditions.
This Agreement is subject to change by ME at any time, effective as of the date posted on the Site. Your continued use after such notice will constitute acceptance by you of such changes.
The right to use the Services is personal to you and is not transferable to any other person or entity. You are responsible and liable for protecting the confidentiality of your password(s), if any, and are fully responsible for the use of the Services by any other person you permit to access the Services. Please notify ME immediately of any unauthorized use of your password and account or any other breach of security.
If you do not agree with these Terms and Conditions, do not use the ME Site or any of the Services.
This Site, including its tools, applications and Services are intended solely for access and use by individuals who are at least thirteen years of age and over. By accessing and using our Site and the Services, you represent and warrant that you are at least thirteen (13) years of age, with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You must be a citizen or a resident of a country where skilled gaming is legal and must be physically located in a country in which participation in the Service you select, or the Site, is unrestricted by applicable laws.
For further eligibility information, please refer to the ME Membership Program Terms of Service.
2.1 ELIGIBILITY FOR SKILLED GAMING
In order to participate in skilled gaming, an individual must:
- be a natural person, at least 18 years old and over the age of majority in the jurisdiction in which the individual lives
- be a citizen or resident of a country ("Territory") where skilled gaming is legal (as applicable from state to state within a given Territory);
- be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws; and
- comply with these Terms and Conditions at all times.
All registered account holders may play free or non-prizing tournaments on the Site. Some tournaments may be exclusively available to Subscription Service members only. Members from certain Territories may choose to fund their accounts and also play entry-fee or cash tournaments. Millennial Esports is under no obligation to, and does not, accept funded accounts from members in all Territories and may at any time refuse to permit the funding of a member's account. Certain Millennial Esports affiliates, sponsors and/or partners "ME Affiliates", may not be eligible to participate. Officers, directors and agents of Millennial Esports Corp. are not eligible to participate.
3. RELATED ENTITIES & AUTHORIZED THIRD-PARTY SERVICE PROVIDERS
In addition to sharing information between entities comprising the Millennial Esports group for the Purposes, and in order to better serve our customers, we may transfer Personal Information to third-party service providers who are legally or contractually obligated to only use the information to help us provide our Services and not for any other purpose. For example, Millennial Esports uses outside contractors for the purposes of (i) performing support functions, such as payment processing, business analytics, customer support, printing and mailing, data storage and destruction, and (ii) marketing any of Millennial Esports's products and services.
From time to time such Millennial Esports group entities and third parties may hold, use or disclose your Personal Information outside of Canada, and while outside of Canada such Personal Information may be accessed by regulatory authorities pursuant to the laws of such other jurisdictions.
These third parties may be located in the United States, Canada or elsewhere.
Information we collect
Withdraw funds from Cash Balance: from you, for the purpose of confirming your identity:
- your Skrill email address, first name, last name; and
- your street address, city, postal code, province and country, and phone number.
3.1 THIRD-PARTY PAYMENT PROCESSORS
4.1 SKILLED GAMING FOR PRIZES
Each member acknowledges that the outcome of the matches and tournaments offered on the Site are directly related to the number of members participating, and the skill levels of each member participating. Millennial Esports does not comment or have knowledge of the probability of one member winning a match vs. another member, and makes no representations about an individual member's chances of winning.
Prizes are generally cash amounts, which are deposited directly into winners' accounts. The cash value of prizes offered in Limited Entry tournaments will be disclosed at the beginning of such tournaments. If a tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will be determined by the Site.
4.2 DETERMINATION OF WINNERS
The results and winners of each tournament offered on the Site will be determined by Millennial Esports, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.
4.3 GAME PLAY
The Site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game. You may not: (a) gain unauthorized access to the Site's systems or any account (other than your own), interfere with the communications, procedures or performance of the Site or deliberately damage or undermine the Site; (b) affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, automated programs, screen analysis utilities, player collusion, any type of modifications, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Site; or (c) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings, bonuses and incentives to which you would otherwise be entitled, but potentially lead to civil and/or criminal prosecution. The Site, in its sole discretion, reserves the right to terminate any person's account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authorities.
4.4 HEAD-TO-HEAD PLAY:
Accepted Challenges. When you accept a challenge as found on the Site, you are not challenging with the Site but other registered users who use the Site. Your acceptance of a challenge indicates your agreement to be bound by the challenge terms and your commitment to play in that game. Millennial Esports reserves the right to cancel your match and retain your entry fee if you fail to play your scheduled game. By accepting a challenge, you expressly confirm that you have read and understood the nature of the challenge and the terms under which each member will execute the challenge.
5. Account Funds
5.1 WITHDRAWAL REQUESTS
Members may request a withdrawal of funds from their available cash account balance in their Account at any time. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawal privileges will also be revoked for security purposes when account fraud is suspected.
The minimum withdrawal amount is $5 USD. All withdrawals are subject to a withdrawal fee ("Withdrawal Fee") (currently $3.01 USD per withdrawal for withdrawals requested).
Withdrawal of funds will be sent to you via your preferred Skrill account.
Most withdrawal requests through Skrill should be in your account within 5-10 business days of our receipt of your request, subject to verification requirements (see below). If you do not receive your withdrawal within 10 business days, please contact customer support through ME’s online ticket system or email customer support at firstname.lastname@example.org.
The withdrawal process is designed to minimize customer fees and add an additional element of security to protect Millennial Esports's members. In the ongoing pursuit to prevent fraudulent behaviour and account hijacking, Millennial Esports reserves the right to require the account member or Credit Card company (if applicable) submit verification of identification to ascertain the validity of a withdrawal request and the identity of the member. Withdrawal payments will not be made until such verification is received. If Millennial Esports has not received verification within 10 days, the withdrawal request will be cancelled, the account in question will be suspended, and the member will be contacted by email.
Your winnings are awarded to you in their entirety, and all federal, provincial, state, and local taxes due in connection with any winnings awarded to you are your sole liability and responsibility.
You hereby acknowledge and agree that:
- all references to dollars or "$" on the Site are references to U.S. dollars ("USD"), and all transactions (including deposits and payouts) will be denominated in USD unless otherwise expressly stated;
- as a result, if you make a payment to, or you receive a payment from, us in connection with your use of this Site, currency conversion may apply;
- as an information service only, the approximate conversion rates are set out in our cashier, are updated every day and are calculated using the previous day's closing rates provided by the third party Oanda;
- for the purpose of allowing you to deposit to or withdraw money from your Site account, all currency conversions shall be executed by an exchange rate offered by your financial institution. The rate provided by your financial institution may differ from the approximate information rates provided by Oanda; and
- in every case, it is your responsibility to monitor and accept the exchange rate(s) offered and service charge(s) by your financial institution before proceeding with any transaction with the Site involving an exchange of currency.
- IN EVERY CASE, AND WITHOUT LIMITING SECTION 10, Millennial Esports EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CURRENCY CONVERSION IN CONNECTION WITH THIS SITE, INCLUDING WITH RESPECT TO ANY POSTED OR ACTUAL RATES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO AUTHENTICITY, ACCURACY, COMPLETENESS, ERRORS, OMISSION, TYPOGRAPHIC ERRORS, DISRUPTION, DELAY, INTERRUPTION, FAILURE, DELETION, OR DEFECT IN CONNECTION WITH SUCH RATES, AND FURTHER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY AND ALL LOSSES DUE TO CHANGES IN EXCHANGE RATES WHICH MAY OCCUR.
6. MODIFICATIONS TO THE SITE AND THE SERVICES
ME reserves the right to change or discontinue, temporarily or permanently, the Services at any time without notice. You agree that ME will not be liable to you or any third party for any modification or discontinuance of the Services.
7. USER CONDUCT:
At all times while accessing or using the Site or Services you agree to be bound by the following Rules of Conduct:
You shall not post or transmit through the Services anything that contains content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Please note this list is not meant to be an exhaustive list of prohibited activity or content. Any conduct by you that, in ME’s sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. ME shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ME and to satisfy any law, regulation or authorized government request. ME will make the sole determinations as to what content is acceptable in its sole discretion. ME may include, edit or remove any content at any time without notice, in its sole discretion. Without limiting any other rights or remedies of ME, violations of the foregoing may result in removal of the prohibited communications and/or termination of your membership or access to the Services.
- You understand that you may not use the Site or the Services for any commercial purposes whatsoever. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to block access to the ME Site and any user known or reasonably believed to be using the ME Site for any commercial purpose.
- You understand that, when using the Services, you will be exposed to content from a variety of sources, and that ME is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Services. ME does not pre-screen or endorse any member content and is not responsible or liable under any circumstances for such content.
- You understand that access to the Services may result in access to other users’ names, screen names, e-mail addresses, or other user information (collectively, “User Information”), and you acknowledge and agree that such User Information and any ME Services constitute proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services. You further agree not to disclose or otherwise use any proprietary or confidential information appearing on the Services without the prior written consent of ME, whether such information is labeled “confidential” or “proprietary” or could reasonably be regarded as confidential or proprietary.
- The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of the Website are copyrighted as a collective work under Canada’s copyright laws. ME owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Website will be permitted without the express permission of ME and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
- You shall not upload, post, submit or otherwise make available on the Website any third-party material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website , or otherwise submitting materials to ME, you automatically grant, or warrant that the owner of such material has expressly granted ME the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use. Please note that ME does not want to receive confidential information from any user and any information received will be deemed NOT to be confidential.
- As part of the Services, ME may offer you the ability to include certain personal information in your public ME profile. You acknowledge that if you choose to include personal information your public profile, then you are allowing others to view and access such information and consent to same.
- ME offers its users the opportunity to participate in certain online competitions and tournaments, some of which may have prizes for the winners. If you participate in such online competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you. To collect a prize, you may be required to provide a valid Social Insurance number or other and any other information reasonably requested by ME. ME and/or any sponsor who provides a particular prize may report the value of the prize to federal and/or provincial taxing authorities.
- ME offers its users the opportunity to participate in online ladders, tournaments and other competitions. If a participate is caught claiming false match results, boosting, cheating or manipulation match results, ME reserves the right to Ban or terminate the user immediately.
- The foregoing provisions of this Section are for the benefit of ME, ME affiliated companies and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
8. BREACHES OF THIS AGREEMENT
8.1 Any breach of this Agreement, or any action which in the sole discretion of ME, is determined to be abuse of the Site or Services, or any attempted breach of the security of the Site or Services, shall be subject to immediate action by ME, in its sole discretion, including but not limited to account termination and blocking of Site access, disclosure to appropriate legal authorities and legal action at the sole discretion of ME.
9. TERMS RELATED TO PURCHASES THROUGH THE SITE:
The terms in this section relate to items and services available for purchase through the Services:
- The goods sold through the Services are shipped from various provinces and, therefore, tax may be charged and collected on all taxable shipments. For all shipments, the customer is responsible for all taxes, customs, and/or import duties. All items purchased from ME are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Listed prices may be changed by ME at any time without notice to you. The prices listed on the Services do not guarantee those purchase prices until payment is made. If an incorrect price for a product is listed due to typographical or other error, ME has the right to refuse or cancel any orders placed for such products listed at the incorrect price, whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is refused or canceled by ME, ME will promptly issue a credit to your credit card account in the amount of the charge.
- ME Points allow you access to a number of ME Services and products, You will not be able to redeem ME points if you have insufficient ME points for certain ME Services and Products. Any items received as a result of redemption of ME points may not be exchanged or returned for cash or credit. In the event that your account is terminated or banned by ME, you may not assign or transfer any ME points. The price or value of Products or Services that can be redeemed by ME points can change without notice at any time.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER ME, ME’S AFFILIATED COMPANIES, ME’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “ME PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH MATERIAL.
(B) ME PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ME IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL ME, THE ME PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THE SERVICES; (II) ANY CHANGES WHICH ME MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE ME WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS OF THE SERVICES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ME, NOR THE ME PARTIES, WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE ME PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND ANY AGGREGATE, TOTAL LIABILITY OF THE ME PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICESSHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES AND RETAINED BY ME OR (II) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ME’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Some of the Services provided by ME are supported by advertising revenue and may display advertisements and promotions. In consideration for ME granting you access to and use of the Services, you agree that ME may place advertising on the Services. You further agree that the manner, mode and extent of advertising by ME on the Services are subject to change without specific notice to you.
You agree to defend, indemnify and hold harmless ME and the ME Parties from and against all claims and expenses, including legal fees, resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the Services, including the posting of any content on this Website by you; and (iii) a violation by you of any applicable law. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
ME shall have the right to immediately terminate any of your passwords or accounts if:
- You have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or
- ME is required to do so by law; or
- the partner with whom ME offered the Services to you has terminated its relationship with ME or ceased to offer the Services to you; or
- ME is transitioning to no longer providing the Services to users in the country in which you are a resident or from which you use the Services.
15. INTELLECTUAL PROPERTY RIGHTS:
ME, Millennial Esports Corp., and the ME logos, are the exclusive property of ME. All rights reserved. All other trademarks appearing on the Services are the property of ME, affiliates of ME, or their respective owners. Unless you have agreed otherwise in writing with ME, you agree that nothing in this Agreement gives you a right to use any of ME’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You further agree that you shall not use any trademark, service mark, trade name, logo of any other company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
16. THIRD PARTY CONTENT:.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services, are those of the respective author(s) or distributor(s) and not of ME. Neither ME nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or users not under contract with ME. ME neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the Services. Under no circumstances will ME be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
17. OTHER CONTENT:
The Services may include hyperlinks to other websites or content or resources. ME has no control over websites or resources that are provided by companies or persons other than ME. You agree that ME is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You agree that ME is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Services, including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Website and any operating rules for the Services established by ME) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of Ontario Canada, without regard to its conflict of laws rules. Notwithstanding this, you agree that ME may still apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The failure by ME to partially or fully exercise any rights or the waiver of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by ME of any subsequent breach by you of the same or any other term of this Agreement. ME’s rights and remedies under this Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit ME’s right to exercise any other right or remedy. The section headings used herein are for convenience only and shall not be given any legal import.
You acknowledge that in the event that a third party service provider is located in the United States or another foreign country, your personal information may be processed and stored in the United States or such other foreign country, and the government, courts or law or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. You acknowledge and agree that this constitutes prior written notice to you of, and you consent to the collection, use and disclosure of your personal information described above.