Please read these Terms and Conditions (the “Terms”) and our Privacy Policy carefully because they form a binding agreement between you and ELO Gaming Limited, doing business as ELO (“ELO”, “us”, “we”, “our”, etc.) and govern your use of the ELO-branded websites (including www.eloesports.com and all corresponding web pages and websites associated with the foregoing URL) (the “Site”), our products, services, and software applications (each, an “App”), and all offers, sales, and purchases of such products (including hardware and software) and/or services through the Site and/or Apps. To make these Terms easier to read, such products and services, the Site, and Apps may collectively be referred to as the “Products” or “Services”, as applicable.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ELO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. FOR CLARITY, BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO BRING OR PARTICIPATE IN A CLASS OR OTHER JOINT ACTION WITH RESPECT TO ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS. PLEASE REVIEW CAREFULLY SECTION 20 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Policies. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, do not use the Services anymore.
Eligibility. You may use the Services only if you are 13 years or older, capable of forming a binding contract with ELO, and not barred from using the Services under applicable law.
Registration and Your Information. If you want to use certain features of the Services, you’ll have to create an account (“Account”). You agree to provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us at support@eloesports.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property.
Shipping. We will ship Products in accordance with our Shipping Policy. You are responsible for providing accurate shipping information when placing an Order. We are not responsible for any loss or damage to Products resulting from incorrect or incomplete shipping information. For international shipments, you may be responsible for import taxes, customs duties, and/or fees levied by the destination country. You are responsible for complying with all import laws and regulations in the destination country.
Warranty and Returns. The limited warranty and return policies for our Products can be found in our Warranty and Returns Policy. We encourage you to review these policies prior to making a purchase.
Intellectual Property Rights. We own or have the necessary licenses, rights, consents, and permissions to all trademarks, copyrights, trade secrets, patents, and other intellectual property rights relating to the Services and the Products (collectively, the "Intellectual Property Rights"). Except for the limited license granted to you in Section 14 (License), nothing in these Terms or otherwise grants you, by implication, waiver, estoppel, or otherwise, any license or right to use any of our Intellectual Property Rights. Any and all rights not expressly granted herein are reserved by us.
License. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and to download and install any App(s) on a device that you own or control, solely for your personal and non-commercial use. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Services except as specifically allowed in these Terms. You agree not to modify, reverse engineer, decompile, or create derivative works based on the Services, or any portion thereof, except as expressly permitted by applicable law.
User Content. The Services may allow you and users of our Apps to create, post, send, and store content, such as photos, videos, and text (collectively, "User Content"). You retain all rights in and to your User Content, as between you and ELO. You grant ELO a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and for any other purpose reasonably related to the Services. You agree that you are solely responsible for your User Content and any claims arising therefrom, and that ELO is not responsible or liable for any User Content or claims arising therefrom.
Prohibited Conduct. You agree not to: (a) use the Services for any illegal purpose or in violation of any applicable laws or regulations; (b) use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services; (c) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services; (d) impersonate or misrepresent your affiliation with any person or entity; or (e) engage in any other activity that we, in our sole discretion, determine to be in conflict with the spirit or intent of these Terms or the Services.
Third-Party Links. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination. ELO may terminate your access to and use of the Services at our sole discretion, without notice and liability, including but not limited to if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Services will immediately cease, and you shall promptly destroy all copies, full or partial, of any App(s) in your possession or control. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification. You agree to indemnify, defend, and hold harmless ELO, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, your User Content, or your infringement or misappropriation of any Intellectual Property Rights or other rights of any third party.
Disclaimers. THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. IN ADDITION, WHILE ELO ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY, OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELO, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES OR PRODUCTS, OR ONE HUNDRED U.S. DOLLARS (USD 100), WHICHEVER IS GREATER.
Governing Law and Dispute Resolution. These Terms and any action related thereto shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any disputes, controversies, or claims arising out of or in connection with these Terms, the Services, or the Products shall be resolved by binding arbitration in accordance with the then-current rules of the ADR Institute of Canada. The arbitration shall take place in Toronto, Ontario, Canada, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party in any dispute arising out of these Terms, the Services, or the Products shall be entitled to recover its reasonable attorneys' fees and costs.
General. These Terms constitute the entire agreement between you and ELO concerning your access to and use of the Services.
Modifications to the Services and Products. ELO reserves the right, at our sole discretion, to modify, suspend, or discontinue the Services or Products, or any part thereof, at any time and without prior notice to you. We will not be liable for any modification, suspension, or discontinuation of the Services or Products or any part thereof. If we make material changes to the Services or Products, we will notify you by email or through the Services.
Availability of the Services and Products. ELO makes no guarantee that the Services or Products will be available at all times or without interruption. We may, at our sole discretion, limit or restrict access to the Services or Products, or any part thereof, for any reason, including but not limited to maintenance, upgrades, or security-related issues.
User Accounts. To access certain features of the Services or purchase Products, you may be required to create a user account ("Account"). When creating your Account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your Account password, and you are responsible for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account or any other breach of security. ELO reserves the right to suspend or terminate your Account, in our sole discretion, if we determine that you have violated these Terms or if we suspect fraudulent or abusive activity associated with your Account.
Privacy. ELO values your privacy and is committed to protecting your personal information. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information when you access or use the Services or purchase Products. By using the Services or purchasing Products, you agree to our collection, use, and disclosure of your personal information as described in our Privacy Policy.
Age Restrictions. The Services and Products are not intended for use by individuals under the age of 13. If you are under the age of 13, you are not permitted to use the Services or purchase Products. By using the Services or purchasing Products, you represent and warrant that you are at least 13 years of age. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may use the Services and purchase Products only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms (except for any payment obligations) due to circumstances beyond its reasonable control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer or telecommunications failures, or delays involving hardware or software not within our control, network intrusions, or denial of service attacks.
Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations, including but not limited to the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the U.S. Department of State. You specifically agree that you will not use the Services or Products to export or re-export, directly or indirectly, any products, software, or technology (including any items derived from or relating to them) in violation of these laws and regulations or to any prohibited countries, entities, or individuals.
Electronic Communications. By using our Services or Products, you consent to receive electronic communications from us, including emails, texts, and in-app notifications, relating to your Account, the Services, or Products. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable, this shall not affect any other provisions, and these Terms shall be deemed amended to the extent necessary to make it legal, valid, and enforceable. In the event that any provision of these Terms is held to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
Termination. We reserve the right, at our sole discretion, to terminate your access to the Services or your Account, without notice or liability, for any reason, including but not limited to your breach of these Terms or any applicable law or regulation. Upon termination, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Third-Party Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ELO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Promotions. Any promotions, contests, or other offers made available through the Services may be governed by specific rules that are separate from these Terms. By participating in any such promotion, contest, or offer, you agree to become subject to those rules. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will prevail.
Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services and Products ("Feedback"). You may submit Feedback by contacting us through eloesports.com/support or any other means of communication. You acknowledge and agree that all Feedback will become the sole and exclusive property of ELO Gaming Limited, and you hereby irrevocably assign to ELO Gaming Limited and agree to irrevocably assign to ELO Gaming Limited all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
No Partnership or Agency. Nothing in these Terms shall Amendments and Updates. ELO Gaming Limited reserves the right to modify or update these Terms at any time and without prior notice. If material changes are made to these Terms, we will notify you by posting the revised Terms on the Services or by sending an email or other communication. Your continued use of the Services and Products after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Services and Products.
Governing Law and Jurisdiction. These Terms and your use of the Services and Products shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and ELO Gaming Limited for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Ontario, Canada.
Dispute Resolution. In the event of any dispute arising from, or in connection with, these Terms, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, either party may submit the dispute to binding arbitration in accordance with the rules of the Arbitration Act of Ontario, Canada. The decision of the arbitrator shall be final and binding on both parties, and any award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall ELO Gaming Limited, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services or Products. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ELO Gaming Limited has been advised of the possibility of such damage.
Indemnification. You agree to defend, indemnify, and hold harmless ELO Gaming Limited, its affiliates, licensors, and their respective directors, officers, 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 or accruing from (a) your use of the Services or Products, (b) any act or omission by you that constitutes a breach of any provision of these Terms, or (c) any infringement or misappropriation of any intellectual property or other rights of any third party by you.
Intellectual Property Rights. All intellectual property rights in and to the Services, Products, and any related materials, including but not limited to copyrights, trademarks, service marks, trade names, and trade secrets, are the exclusive property of ELO Gaming Limited or its licensors. You acknowledge and agree that you shall not copy, reproduce, modify, reverse engineer, disassemble, decompile, distribute, or create derivative works based on the Services, Products, or any related materials without the express written consent of ELO Gaming Limited.
Geographic Restrictions. ELO Gaming Limited makes no representation that the Services or Products are appropriate or available for use in locations outside of Canada. If you choose to access the Services or Products from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Consumer Protection Rights. If you are a consumer, nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer, which cannot be excluded or limited by these Terms. If there is a conflict between these Terms and any mandatory consumer protection laws applicable in your jurisdiction, those consumer protection laws will prevail to the extent of the conflict.
Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ELO Gaming Limited's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement. These Terms, together with any other legal notices and agreements published by ELO Gaming Limited via the Services, shall constitute the entire agreement between you and ELO Gaming Limited concerning the Services and Products.
Assignment. You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of ELO Gaming Limited. ELO Gaming Limited may assign these Terms, in whole or in part, at any time without notice to you.
Notices. All notices required or permitted under these Terms shall be in writing and shall be deemed given (a) when personally delivered, (b) when sent by email to the email address provided by you to ELO Gaming Limited in connection with your use of the Services, or (c) when sent by certified mail, return receipt requested, to any address provided by you to ELO Gaming Limited in connection with your use of the Services. Notices to ELO Gaming Limited should be sent to [email protected]
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information. If you have any questions about these Terms or the Services, please contact ELO Gaming Limited at support@eloesports.com or at the following address:
ELO Gaming Limited
(DBA ELO)
88 Hinchley Wood Grove Brampton, Ontario L6V 3M3 Canada
Support Phone Number: +1 512 807 0031
For further information about our policies, please visit the following URLs:
Privacy Policy: https://eloesports.com/privacy Terms and Conditions: https://eloesports.com/terms
