Updated July 2020
- General Terms
- Services and Software
- Acceptable Use
- Winnings, Account Funds, and Payments
- Intellectual Property
- Compliance with Laws
- Governing Law and Jurisdiction
- No Waiver
1. Intro: Your Agreement to these Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THIS IS A BINDING CONTRACT. Nitruc, LLC (“Nitruc”), on behalf of Ebounty, provides you access to the Ebounty app (the “App”) and software (the “Software”), the Ebounty.gg website (the “Site”), skill-based challenges, competitions, and tournaments (“Competitions”), and the information and other materials available on and through its network of any products and services (the “Ebounty Services”) on your computer or device (the “Device”), subject to your compliance with the terms and conditions set forth below (the “Terms of Service”).
If you do not agree with any of the Terms of Service, DO NOT USE THE APP, SITE, OR ANY OTHER EBOUNTY SERVICES. Your continued use of this Site, the App, registration of an Account, and any other Ebounty Services evidences your agreement to be bound by each of the Terms of Service and constitutes a legally binding contract between you and Ebounty/Nitruc.
THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT EBOUNTY TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
3. General Terms
3.1.1. United States (U.S.)
To be eligible to register an Account, to participate in any Competitions or Services, and/or to download the App and Software, you must: be at least 18 years of age or older; the owner of the email address submitted during your Account registration; have the power to enter into a contract with Ebounty; be physically located within the U.S. when accessing your Account, participating in Competitions, and using Services; be physically located within a U.S. state in which participation in the Competition you select is unrestricted by that state’s laws; and adhere to these Terms at all times. If you are not able to meet any of these requirements at any time, then Ebounty may suspend or close your Account with or without notice.
3.1.2. Other Countries (Non-U.S.)
To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download the App and Software, you must: be at least 18 years of age or older; the owner of the email address submitted during your Account registration; have the power to enter into a contract with Ebounty; be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country’s laws; and adhere to these Terms at all times. If you are not able to meet any of these requirements at any time, then Ebounty may suspend or close your Account with or without notice.
When you register an Account, you will be able to create a username, create a password, and use a valid email address that you own. A username, password, and email are all required to participate in Ebounty’s Services. As a registered user, you can always update your account/profile settings, including your email address, password, name, and other personal information we collect by logging into your Ebounty Account and clicking the “Account Settings” option. If you forget your username or password, you can reset your password or contact support for additional help. Never share your password with other users or anyone claiming to be Ebounty Support. You are responsible for your Account and the actions of anyone else using your Account. Ebounty reserves the right to reject, change, suspend and/or terminate your username.
As the owner of your Account, you are solely responsible for complying with these Terms. You may not allow any other person to access your Account; access Services or Software through your Account; or accept or use experience points, cash winnings, rewards, and virtual goods. Ebounty accounts are non-transferable. You must immediately notify us of any unauthorized use of your username and password that compromises the security of your Account.
3.4. Use of Information Collected
By creating an account and providing a valid email address, users authorize Ebounty to provide them with announcements, promotions, and other communication relating to the Service, Software and Competitions related to Ebounty. Users also have the option to opt-out of these communications at any time in their Account Settings and via email unsubscribe links.
4. Services and Software
Ebounty may, with or without notice to you: modify, suspend, or terminate your access to the App, Competitions, Services, Software, Website, and/or your Account; and interrupt operations and use of the App, Competitions, Services, Software and/or Site as needed to perform maintenance, fix bugs, or implement other changes, improvements, and updates. Ebounty may suspend, hold, or close the Account of any user who violates, or whom Ebounty reasonably believes may be in violation of or will violate, these Terms, or Applicable Laws at any time without notice. Without limiting our other rights or remedies, Ebounty may determine that your Winnings, if any, will be forfeited or recouped by us should you violate any of these Terms. Ebounty also reserves the right to cancel Competitions per our own discretion when we believe you or another participant has violated these Terms or Applicable Law. Additionally, Ebounty reserves the right to cancel Competitions per our discretion, to ensure the quality, integrity, and/or legal compliance of Services. Such cancellation may result in a refund of entry fees to your Account, but are not guaranteed.
In order to win Competitions, you will also need to download and install Ebounty’s proprietary software and app on your device; the following are all considered Software: documents, fixes, improvements, keys, licenses, patches, updates, upgrades, user interfaces, and revised versions. If you do not download and install the Software, you may not be able to participate in Competitions or receive relevant Services. You may download the Software directly from the Site or other third-party services such as Overwolf or update the Software directly from the App. Regardless of your source, use of the Software is subject to these Terms in all cases. Ebounty licenses the Software to you under Section 4.3.
4.3. Software License
Ebounty grants to you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to install and run the App and Software, in object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You are not permitted to network the Software among devices. You may not directly or indirectly, or authorize any person or entity to: decompile, disassemble, re-engineer, reverse engineer, or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software or its structural framework; create derivative works of the Software; use the Software in whole or in part for any purpose except as expressly provided herein; or disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
4.4. Support and Updates
4.5. Beta Releases
For any Service that we identify or label as “early access” or a “beta” version (“Beta Service”), you acknowledge and agree that Early Access or a Beta may contain fewer, or in some cases more, features than the final release of the Service. Ebounty reserves the right, in our sole discretion, to not release a final version of an Early Access or Beta Service or to alter any of its features, functions, specifications, capabilities, licensing terms, release dates, general availability, offerings, or other facets. You acknowledge that Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
4.6. Third-Party Content
The App and Site may contain links to pages on other sites, and those sites may offer products, software, or services for sale (“Linked Sites”). You acknowledge and agree that Ebounty has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites do not constitute an endorsement by Ebounty of the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on the Linked Sites. Ebounty does not author, edit or monitor these pages or links. You acknowledge and agree that Ebounty is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on the Linked Sites or resources.
EBOUNTY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES. EBOUNTY IS NOT AND WILL NOT BE RESPONSIBLE FOR: (1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY; (2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR PRODUCTS AND SERVICES; (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES; OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY’S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE EBOUNTY (AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Acceptable Use
5.1. Prohibited Conduct
In order to access and use the App and Site, you agree not to violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Ebounty Services.
You also agree that you will comply with these Terms of Service and Ebounty’s Community Guidelines and will not:
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the App and Site
- create, edit, upload, share, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
- impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Ebounty Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Ebounty Services; or perform any other similar fraudulent activity or scams;
- infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property of Ebounty or proprietary right of any third-party
- defame, harass, abuse, threaten, or defraud users of the Ebounty Services, or collect or attempt to collect, personal information about users or third parties without their consent;
- delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Ebounty Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Ebounty Services, (c) features that enforce limitations on the use of the Ebounty Services or User Content, or (d) the copyright or other proprietary rights notices on the Ebounty Services or User Content;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Ebounty Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
- modify, adapt, translate, or create derivative works based upon the Ebounty Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- interfere with or damage the operation of the Ebounty Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- relay email from a third party’s mail servers without the permission of that third party;
- access any website, server, software application, or other computer resource owned, used, and/or licensed by Ebounty, including but not limited to the Ebounty Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Ebounty may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Ebounty, including but not limited to the Ebounty Services;
- manipulate identifiers in order to disguise the origin of any User Content transmitted through the Ebounty Services;
- interfere with or disrupt the Ebounty Services or servers or networks connected to the Ebounty Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Ebounty Services; use the Ebounty Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Ebounty Services, or that could damage, disable, overburden, or impair the functioning of the Ebounty Services in any manner;
- use or attempt to use another user’s account without authorization from that user and Ebounty;
- use masking or special characters to disguise words when creating a username or custom bounty
- attempt to circumvent any content filtering techniques Ebounty employ, or attempt to access any service or area of the Ebounty Services that you are not authorized to access;
- attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that Ebounty has endorsed you or any products or services for any purpose; and
- use the Ebounty Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
Ebounty does not claim ownership of any Materials or information you submit or make available for the App and Site and you are entirely responsible for everything you upload, post, message, or otherwise make available on the App and Site. Any Materials or other information are not and will not be treated as confidential. In addition, by uploading, posting, emailing or otherwise making available any Materials or other information on the App, Site, and Services you grant Ebounty a worldwide, perpetual, royalty-free, fully paid up, non-exclusive license to distribute, reproduce, modify, adapt, publicly perform, publicly display, sublicense, freely assign, create derivative works from and otherwise use and exploit any such Materials or information in any medium now known or hereinafter developed. You also agree that Ebounty may disclose any such Materials or information to any third-party for any reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, enforce Ebounty’s rights, analyze or respond to third party claims or generally protect Ebounty and its users.
Ebounty retains the right (but not the obligation) in our sole discretion to refuse, delete, or move any Materials, information, or other content available on the App and Site.
We strongly recommends that you never share your personal information such as your name, address, password, or any other account information with any other user. Ebounty is not responsible for the information you choose to disclose to others.
5.2. Cheating, Exploiting, and Fraudulent Activity
When accessing or participating in Services or using the App, Site, and Software, you represent and warrant to Ebounty that you will never engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in, or displays behavior that may be interpreted as unfair methods while participating in Services or using the Software, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally “feeding” or dying to other players in Competitions), deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction, as determined by Ebounty, which may include, without limitation: immediate termination of your Account and blocking of your access to the Site and Services; any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and any Winnings received by you shall be subject to disgorgement and/or recoupment. In addition to the foregoing, We reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, Ebounty may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
5.3. Hacking, Tampering, or Unauthorized Access
Any attempt to gain unauthorized access to systems or any other users’ accounts, interfere with procedures or performance of Services, Software, or the Site, or deliberately damage or undermine the Services or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. You acknowledge that Ebounty is not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your Account.
Any use, reproduction or redistribution of the Service, Software, or related products or services (including without limitation, Digital Assets) not expressly authorized by these Terms is strictly prohibited from using the Services. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; providing unauthorized means through which others may use Services such as through server emulators; taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Site or Services; interfering with any other party’s use and enjoyment of Services (including cheating) or the Website; and/or attempting to gain unauthorized access to third party accounts, the Service or Software.
6. Winnings, Account Funds, and Payments
Fees and payments for Services that you use to participate in Competitions (“Fees”) and billing procedures are detailed in the billing application. If Fees are charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits, and withdrawals made under your Account, including any unauthorized charges, deposits, or withdrawals. The price of Services may change at any time, however, past purchases will not be impacted by these changes.
Ebounty reserves the right to change Fees and billing procedures by updating the billing application with or without notice to you. By providing a payment method, you represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; authorize us to charge you for the Services using your payment method; and authorize us to charge you for any paid feature of the Services that you choose to sign up for. Ebounty may bill you in advance; at the time of purchase; or shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, Ebounty will not be liable for any losses resulting from the error and will not be required to correct the error or provide a refund. If we identify a billing error, it will be corrected within 90 days. You must pay for all reasonable costs Ebounty incurs to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
6.3. Cash Deposits
If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time. Digital Assets and Experience Points (“XP”) cannot be withdrawn. Processing of requested funds is made by PayPal, your bank account, or check, and may take up to ninety (90) days; provided, however, that Ebounty may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws. A check request processing fee of up to $2.00 for any withdrawal of less than $10.00 may also be assessed.
6.5. Closing Accounts; Forfeiture of Funds
If you close your Account, funds in your Account will be returned subject to the terms of Section 6.4. If your Account is closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or Sections 4.1, 5.1, 5.2, 5.3, 5.4, 6.7, or 13.4 hereof, these funds may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed such amounts to other Services or donated these funds.
6.6. Refund Policy
Unless otherwise required by law, no refunds on purchases of coins, entry fees, or other digital assets will be given.
If you are eligible to receive Winnings, Ebounty may require that you provide additional proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to our reasonable satisfaction, then you will not receive the relevant Winnings or be able to Withdraw your winnings. If you receive a payment in error, Ebounty may reverse or require return of the payment. You agree to cooperate with our efforts to do this. Ebounty may also reduce payment to you without notice to adjust for any previous overpayment.
6.8. Credit Card and PayPal Authorization
When you pay for any charges by credit card or PayPal, you represent to us that you are the authorized user of such credit card and account. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. Ebounty is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
If you are a U.S. resident, Ebounty may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, Ebounty may also send you additional federal or state tax forms. Without limiting the foregoing, Ebounty may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
Ebounty respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Ebounty directly makes available on the App and Site. However, if you believe any Material on the App and Site, either posted by Ebounty, our users or any other party, is infringing, please contact us at [email protected]. Pursuant to the Digital Millennium Copyright Act, Ebounty has registered an agent to receive copyright infringement claims.
Infringement notices addressed to Ebounty’s Designated Agent need to include the following information so that we can locate the Material and properly process the request:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Material; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the Material that you claim is infringing is located on the App and Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use of the Material is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
8. Intellectual Property
All text, graphics, multimedia content or other material available from the entry point URL https://www.ebounty.gg, pages within that Site, the App, and all related code, including but not limited to games, films, images, text, ideas, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site and App (“Material(s)”) are the property of Ebounty and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Ebounty or by other parties that have licensed their Material to Ebounty.
Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of Ebounty for any other use of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any of the Material on any other Web site or computer environment is strictly prohibited.
“Ebounty”, the “Ebounty logo,” and Ebounty’s other common law and registered service and trademarks (Marks) which may appear on the App and Site, are the service and trademarks of Ebounty and Nitruc. All other trademarks, service marks and logos used on this App and Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the App and Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written permission of Ebounty and Nitruc.
10. Compliance with Laws
10.1 Prohibited US States and Countries
You acknowledge that various rules, regulations and laws addressing skill-based competitions and tournaments with entry fees and/or prizes govern your participation in skill-based Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. As a result, Ebounty does not offer real money Competitions (as defined in Section 6.3) to users participating in Competitions in any state in which Ebounty believes such Competitions violate Gaming Laws (“Prohibited Jurisdiction”). If you are located in any Prohibited Jurisdiction, you may not participate in Cash Competitions provided by Services. As of the “Updated” date above, Ebounty offers Services in the following U.S. states (“Allowed Jurisdiction”): Alabama, California, Colorado, Connecticut, Georgia, Indiana, Kansas, Kentucky, Minnesota, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Virginia, and Wisconsin. The Allowed Jurisdictions listed permit such Competitions; however, this does not mean that all of the non-listed states qualify as Prohibited Jurisdictions. Ebounty reserves the right to update these lists at any time. Yet, it is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is an Allowed Jurisdiction or Prohibited Jurisdiction. Ebounty reserves the right (but has no obligation) to monitor the location from which you access Services, and Ebounty may block access from any Prohibited Jurisdiction or any jurisdiction in general. Each time you log-in and participate in a Cash Competition, you must accurately and honestly confirm the location from which you are playing.
Some of the states are deemed as Prohibited Jurisdictions because they have particular laws or regulations that restrict the pooling of money and/ or payment of consideration to participate, even in games of skill, and therefore Ebounty is not currently operating there, out of an abundance of caution, without first seeking guidance from state authorities. Ebounty’s monetization of skill-based Competitions would not be classified as gambling or pooling in most states because the elements of chance and random luck have been removed from the Ebounty Services.
10.3 Additional Laws
In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Participate in Competitions at your own risk. You agree to indemnify and hold us harmless if Applicable Laws restrict or prohibit your access or participation.
10.4 Legal Disclaimers
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH EBOUNTY HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES. THE OUTCOMES OF OUR COMPETITIONS ARE ENTIRELY RELIANT ON THE SKILL OF THE PARTICIPANTS SIMILAR TO OTHER ESPORTS TOURNAMENTS, WHICH IS NOT THE CASE IN GAMBLING OR FANTASY SPORTS.
11.1 Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EBOUNTY, ITS PARENT, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE APP AND SITE, THE SERVICES AVAILABLE ON THE APP AND SITE OR INFORMATION CONTAINED WITHIN THE APP AND SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE APP AND SITE AND/OR THOSE SERVICES.
If you and Ebounty do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
11.3. Class Action Waiver
To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Ebounty will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
11.4 Disclaimers; No Warranties
ANY CONTENT OR INFORMATION CONTAINED WITHIN THE APP AND SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EBOUNTY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS APP AND SITE AND ANY SITE-RELATED SERVICES.
IN ADDITION, EBOUNTY DOES NOT WARRANT THAT THE FUNCTIONS ON THE APP AND SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE APP AND SITE WILL BE CORRECTED, OR THAT THE APP AND SITE OR THE SERVER THAT MAKES THE APP AND SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EBOUNTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODCUTS OR SERVICES DISCUSSED ON THE APP AND SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EBOUNTY) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE APP AND SITE.
UNDER NO CIRCUMSTANCES WILL EBOUNTY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE APP AND SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE APP AND SITE.
You agree to indemnify and hold Ebounty and its parent, subsidiaries, affiliates, and their respective officers, directors, agents, partners, sponsors and employees of each harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit to the App and Site, your use of the App and Site, your connection to the App and Site, your violation of these Terms of Service, or your violation of any rights of another party.
Ebounty reserves the right to withdraw, suspend, or discontinue at any time and from time to time any Materials, information, content or services available on the App and Site and any functionality or features in or on the App and Site, including the cessation of all activities associated with the App and Site, with or without notice.
Ebounty may, in its sole discretion, terminate your use of the App and Site for any reason, including, without limitation, if Ebounty believes that you: (1) have breached these Terms of Service; (2) infringed the intellectual property right of a third party; (3) provided any information that Ebounty is unable to verify or authenticate; (4) uploaded or transmitted Unauthorized Content to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Service; (6) or broken the Rules listed in the App and Site. You agree that any termination of your access to the Site may be impacted without prior notice to you.
13. Governing Law and Jurisdiction
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by Ebounty, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in Los Angeles County, California.
If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions.
15. No Waiver
Any delay or failure on the part of Ebounty to enforce any rights under these Terms of Service to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
Ebounty reserves the right to change or modify these Terms of Service at any time. These Terms of Service shall not be modified except in writing, as posted on this Site by Ebounty. Any change or modification made by Ebounty will be effective immediately upon posting on the Site and your continued use of the App and Site means that you have agreed to accept any changes or modifications made by Ebounty.
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by Ebounty as provided above. Ebounty’s failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. Ebounty may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software. You consent to our providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please send any questions or comments to: Ebounty Support, PO Box 802, Los Angeles, CA 90078. Please also print these Terms for your records.