Terms of Service

THE AGREEMENT: The use of this website and services on this website and mobile application provided by Tlouesports.com (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

THESE TERMS OF SERVICE INCLUDE (A) AN ARBITRATION PROVISION FOR USERS LOCATED IN THE UNITED UNITED KINGDOM; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST THE COMPANY FOR USERS LOCATED IN THE UNITED UNITED KINGDOM; (C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF THE COMPANY; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF THE COMPANY; AND (E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST THE COMPANY ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS

1) DEFINITIONS

“Agreement” denotes to this Terms of Service and the Privacy Policy and other documents provided to you by the Website;

“We”, “us” and “our” are references to TLOUESPORTS.COM;

“User”, “You” and ““your” are denotes to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;

” Website” shall mean and include tlouesports.com and any successor Website of the Company or any of its affiliates;

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

2) ASSENT & ACCEPTANCE

By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the use of this Website and Services to you if you assent to this Agreement.

3)LANGUAGE

The Company may translate these terms of service, Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

4) SERVICE

The Company provides Platform to improve the Users experience for, players, tournament attendees, and spectators (collectively, “General Users”) and for registered users who are tournament organizers (“Tournament Organizers”).

5)COMPETITIONS

• Competitions are governed by these Terms in combination with the terms and rules applicable for each Competition. If the terms and conditions applicable for each Competition are in conflict with these Terms, these Terms shall prevail.
• By joining a Competition and confirming that You will participate, you expressly confirm that You have read and understood the nature of the Competition and the terms under which You will participate.

6)ELIGIBILITY

In order to use the Platform as a User, you need to register and maintain a "User Account". To register a User Account on the Platform, You must:

• Be a natural person;
• Be at least thirteen (13) years of age. However, if you are below the age of eighteen (18), you need to have your guardians’ approval to register a user account.

EQUIPMENT: You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Tlouesports and all charges related thereto.

7) LICENSE TO USE WEBSITE

We may provide you with certain information as a result of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

8) USER CONTENT

Content Responsibility.

The website permits you to share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

• contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, United Kingdom, federal or international law, rule, regulation or ordinance;
• uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files;
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
• Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

9) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Tlouesports.com, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all right, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

• To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website ("Your Content"). We claim no further proprietary rights in your Content.
• If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

10) USER OBLIGATIONS

As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

11) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of tlouesports.com.

You further agree not to use the Website or Services:

• To harass, abuse, or threaten others or otherwise violate any person's legal rights;
• To violate any of our intellectual property rights or any third party;
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

• To perpetrate any fraud;
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
• To publish or distribute any obscene or defamatory material;
• To publish or distribute any material that incites violence, hate, or discrimination towards any group;
• To unlawfully gather information about others.

12) ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.

13) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network.

14) INDEMNIFICATION

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.

15) EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the tlouesports.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Tlouesports.com  , nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

16) ANTI-SPAM POLICY

Tlouesports prohibits any activity commonly referred to as "Spam", which is defined as:

1. Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
2. Messages posted to message boards or chats that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume;
3. Solicitations posted on chat rooms, or to groups or individuals via internet relay chat or instant messaging system (such as skype, facebook chat and twitter).

If You are reported for conducting Spam and the claims are validated by Tlouesports, Tlouesports may undertake, at its sole discretion and with or without prior notice, the following actions:

1. Account suspension: Upon receipt of a credible and validated complaint, Tlouesports may elect to immediately suspend Your User Account implicated in the abuse. Suspension serves as a "final" warning and will prevent You from continuing the abusive spamming behavior.
2. Account termination: Upon receipt of a credible and validated complaint, Tlouesports may immediately terminate Your User Account implicated in the abuse and may void any associated Prizes.

Tlouesports will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion. Tlouesports reserves the right to lift Your suspension at any time, at its sole discretion.

• If You wish to report a violation of Tlouesports's Anti-Spam Policy, please forward all evidence of abuse to [email protected].

 

17) THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to or from Our Website.

18) MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

19) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

20) SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

21)MALFUNCTIONS, FRAUD, UNAUTHORIZED ACCESS AND SUSPENSION OR TERMINATION OF USER ACCOUNTS

The Platform is cloud based and provided via the Internet, and actual availability is hence dependent on factors partly outside of Tlouesports’s control. You agree, without limitation, that Tlouesports is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from the Competitions or Matches played on the Platform, or any incorrect or inaccurate results that may be posted on or in relation to a Competition or Match. You also agree that Tlouesports is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform or Your User Account.

You may not:

1. Gain, or attempt to gain, unauthorized access to the Platform's systems or any other User’s Accounts other than your own, interfere with the communications, procedures or performance of the Platform or deliberately damage or undermine the Platform;
2. Affect the outcome of Your Match by means of or with the assistance of macros, bots, automated programs, cheating software, screen analysis utilities, player collusion, any type of modifications or otherwise commit fraud in relation to the Platform;
3. Alter the human skill component of any game played on the Platform;
4. Intentionally play poorly below Your skill level in order to be matched with a less skilled User;
5. Participate in any Competition offered on the Platform by means of automatic, macro, programmed bots, or similar methods, or to otherwise commit fraud with regard to the Platform; or
6. Attempt to decompile or reverse engineer any software contained on the Platform or Services.

• Tlouesports, in its sole discretion, reserves the right to suspend or terminate any User's User Account who is guilty of breaching any of the provisions set out in Section 8.2 above, or who otherwise violates these Terms.
• For breaches of the Terms (including the Rules of Conduct in Section 20 below) that are deemed by Tlouesports, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their User Account suspended at the discretion of Tlouesports. Repeated offences will be deemed to be intentionally violating the Terms. If You are suspected of having violated the Rules of Conduct, Tlouesports reserves the right to suspend Your User Account, including any access to the Platform, or freeze the funds and any account balance or withdrawals pending for up to six months while an investigation occurs.
• If You have obtained any balances due to violation of the Terms, Tlouesports reserves the right to withdraw such balances from Your User Account upon termination or removal of Your User Account and reuse the balances for promotional purposes, donations to connected charities or otherwise to further improve the Platform.

22) DISCLAIMER OF WARRANTIES AND FORCE MAJEURE

Any Services provided on the Platform are the sole and exclusive responsibility of the applicable Service Providers. Tlouesports makes no representation or warranties in relation to the use, outcome or results of any Services.

While Tlouesports uses reasonable efforts to include accurate and up-to-date information, Tlouesports specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Platform. Tlouesports disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Tlouesports disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Platform.

Without limiting the foregoing, under no circumstances shall Tlouesports be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, pandemics, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third-parties.

Your use of the Platform is at Your sole risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Tlouesports expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Tlouesports makes no warranty that:

1. The Platform will meet Your requirements,
2. The Platform will be uninterrupted, timely, secure, or error-free,
3. The results that may be obtained from the use of the Platform will be accurate or reliable,
4. The quality of any products, Services or information purchased or obtained by You through the Platform will meet Your expectations,
5. Your messages, data or information, in whatever form or medium, will not be lost, and
6. Any errors will be corrected. Any material downloaded or otherwise obtained through the Platform is done at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Tlouesports, or through or from the Platform will create any warranty not expressly stated in these Terms.

You understand and agree that downloaded or otherwise obtained material or data through the use of the Platform is at Your own discretion and risk and You will be solely responsible for any damages to Your computer system or loss of data that results from the download of such material or data. Tlouesports and its affiliates are not responsible or liable for content posted by the Users, Organizers, third parties, actions of any third party or for any damage to, or virus that may infect a User's computer equipment or other property.

23) LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

24) GENERAL PROVISIONS:

1. JURISDICTION AND APPLICABLE LAW: These Terms will be governed by and construed in accordance with the national laws and provisions of the United Kingdom, save for its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by UK courts, with the London County Court as the first instance, unless otherwise provided by mandatory law.
2. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of tlouesports.com will bind and inure to any assignees, administrators, successors, and executors.
3. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
4. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
5. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
6. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
7. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
8. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use contact us form on the website or email us [email protected]

 

This document was last updated on June 27, 2021