Welcome to United Eleague Federation!
Before becoming a User, and before accessing or using the BetaWorld Pass, You are required to agree to the terms of this Agreement. Unless You and United Eleague Federation have each signed a separate agreement regarding the BetaWorld Pass, this Agreement is the complete and exclusive agreement between You and United Eleague Federation regarding Your access to and use of the BetaWorld Pass and supersedes any oral or written proposal, unsigned agreements or other communication between You and United Eleague Federation regarding Your access to and use of the BetaWorld Pass.
PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCESSING OR USING THE BETAWORLD PASS, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF ANOTHER ORGANIZATION OR ENTITY (“ENTITY”), YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY OR YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE BETAWORLD PASS OR CLICK THAT YOU ACCEPT OR AGREE TO THESE TERMS.
IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, UNITED ELEAGUE FEDERATION IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE BETAWORLD PASS AND YOU MUST NOT ACCESS OR USE THE BETAWORLD PASS. THESE TERMS CONTAIN AN ARBITRATION PROVISION, WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AND PROVISIONS THAT LIMIT UNITED ELEAGUE FEDERATION’S LIABILITY TO YOU. YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE BETAWORLD PASS.
This Agreement is entered into as of the earlier of the date You first access or use BetaWorld Pass (the “Effective Date”) and will continue until terminated as set forth herein.
United Eleague Federation reserves the right, at any time, to modify the BetaWorld Pass, as well as the terms of this Agreement, whether by making those modifications available on the BetaWorld Pass or by providing notice to You as specified in this Agreement. Any modifications will be effective upon posting to the BetaWorld Pass or delivery of such other notice, unless otherwise required by law. You may cease using the BetaWorld Pass or terminate this Agreement at any time upon five (5) business days’ prior written notice if You do not agree to any modification. However, You will be deemed to have agreed to any and all modifications through Your continued use of the BetaWorld Pass following such notice.
The BetaWorld Pass is intended for use by individuals 18 years of age and older. Additionally, to access and use the BetaWorld Pass You may need to fulfill certain other legal obligations or criteria required in Your jurisdiction. United Eleague Federation makes no representation that the BetaWorld Pass is appropriate or available for use in all jurisdictions. Accessing any part of the BetaWorld Pass is prohibited from any jurisdictions where access to or use of the BetaWorld Pass is prohibited.
4. ACCOUNTS AND CONDUCT
4.1 - Account Creation and Responsibility. Before becoming a User, You must establish a BetaWorld Pass account (an “Account”). Approval of Your request to establish an Account will be at the sole discretion of United Eleague Federation. Each Account and the User identification and password for each Account (the “Account ID”) is for Your sole use and may only be used by You and Your authorized employees and contractors. You may not distribute or transfer Your Account or Account ID or provide a third-party with the right to access Your Account or Account ID. You are solely responsible for all use of the BetaWorld Pass through Your Account. All transactions completed through Your Account or under Your Account ID will be deemed to have been lawfully completed by You. You will ensure the security and confidentiality of Your Account ID and will notify United Eleague Federation immediately, by email at firstname.lastname@example.org, if any Account or Account ID is lost, stolen, improperly accessed, or otherwise compromised. In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be complete, accurate, and correct; and (2) You shall maintain and promptly update Your Registration Information to keep it accurate and current. You may not: (a) select or use an Account ID of another person with the intent to impersonate that person; and (b) use an Account ID that United Eleague Federation, in its sole discretion, deems offensive, unacceptable, contrary to community standards, defamatory or in violation of United Eleague Federation’s policies.
4.2 Your Content. You are solely responsible for all Content You provide, upload, submit, post to, or generate through access to or use of the BetaWorld Pass including by connecting or communicating with other Users (“Your Content”). Your responsibility for Your Content extends to resolving any disputes that may arise between You and any User or other Entity because of Your Content. By providing, uploading, submitting, posting, or generating Your Content, You grant United Eleague Federation and its authorized representatives and contractors a perpetual and non-exclusive right and license to use, process, store transmit, and disclose Your Content (a) to provide the Services and fulfill other obligations described in this Agreement and (b) to further develop and provide services for United Eleague Federation customers. You understand that in certain contexts Your Content may be visible to, sent to, or viewed by other Users and You expressly waive any privacy rights You may otherwise have in Your Content in such contexts. You agree to allow us, if we elect in our sole discretion, to provide Your Content to Users in connection with identity verification measures, described below. You represent, warrant, and covenant that Your Content: (a) does not violate this Agreement or any applicable law which is now in effect or may hereinafter be enacted; (b) is not libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy or the rights of any third party; (c) does not constitute an infringement or misappropriation of the IPR (as defined below) or other rights of any third-party; (d) is not an authorized advertisement or solicitation of funds, goods, or services; (e) is not false, misleading, or inaccurate; or (f) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement. United Eleague Federation is not responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of Your Content. You agree that You have all right, title, interest and consent in Your Content necessary to allow United Eleague Federation to use Your Content for the purposes for which You provide Your Content to United Eleague Federation.
4.3 Your Conduct. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive or harmful to any Entity or illegal under applicable gaming, financial regulatory, or other law or regulation. We reserve the right, but are not obligated, to investigate and/or prohibit any conduct, or remove or refuse to post any Content (including Your Content), that we deem in our sole discretion to be unlawful, in breach of this Agreement, violative of the rights of others, or otherwise offensive to You, the BetaWorld Pass, other Users, our rights, any Entity or that may be harmful to others, our operations, or reputation. We assume no liability and shall not be liable directly or indirectly for any action or inaction with respect to Your conduct, communication, transactions, or Content. Additionally, we may disclose any Content or electronic communication of any kind: (i) to satisfy any law or request by a governmental authority; (ii) if such disclosure is necessary or appropriate to operate the BetaWorld Pass; (iii) to protect our rights or property, our Users and customers, You, or any other Entity; or (iv) if, in our sole discretion, such Content or electronic communication should be referred to law enforcement or other government authorities. Furthermore, in addition to removing any of Your Content, United Eleague Federation hereby reserves the right to suspend and/or remove You from the BetaWorld Pass for violations of Section 4 of this Agreement as described in Section 9.
5.1 To the BetaWorld Pass. Subject to Your compliance with this Agreement, United Eleague Federation will permit You to access and use the BetaWorld Pass solely for lawful purposes in accordance with the terms of this Agreement and any other agreement with us You agree to before being given access to any specific areas of the BetaWorld Pass. Any such additional agreement is in addition to this Agreement and will govern Your use of the portions of the BetaWorld Pass to which the additional agreement applies in the event of a conflict between the terms of this Agreement and the additional agreement.
5.2 To Content. Unless otherwise noted on the BetaWorld Pass, other than Your Content, all Content available through the BetaWorld Pass (“BetaWorld Pass Content” or “Content”) is owned by United Eleague Federation, the Users providing that Content, or United Eleague Federation’s other Content providers. All BetaWorld Pass Content is for informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all BetaWorld Pass Content and for Your use of any BetaWorld Pass Content. Subject to Your compliance with this Agreement, You may access the BetaWorld Pass Content solely for Your own purposes in connection with Your own use of the BetaWorld Pass. You shall not, and shall not permit any third-party to: (a) alter, modify, reproduce, or create derivative works of any BetaWorld Pass Content; (b) distribute, sell, resell, convey, lend, loan, lease, license, sublicense, gift, or transfer any BetaWorld Pass Content; or (c) alter, modify, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any BetaWorld Pass Content. United Eleague Federation has not verified the accuracy of, and shall not be responsible for any errors or omissions in, any BetaWorld Pass Content. Without limiting the foregoing, United Eleague Federation shall not be held liable to You or any other third-party for any BetaWorld Pass Content (or any other Content, including Your Content) under any law which is now in effect or may hereafter be enacted, including the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Agreement, You are granted no licenses or rights in or to any BetaWorld Pass Content, or any IPR (as defined below) therein or related thereto.
5.4 To Third-Party Services. The BetaWorld Pass may also provide You with the option, and use of certain BetaWorld Pass features that may require You, to obtain access to services, content, functionality, software and other things developed, provided, or maintained by third party service providers (collectively, “Third Party Services”). All Third Party Services are provided by third parties and are not under the direction or control of United Eleague Federation. You acknowledge and agree that United Eleague Federation shall not be liable or responsible, directly or indirectly, for Your access to or use of any Third Party Services, including any damages, losses, liabilities, failures, or problems caused by, related to, or arising from any Third Party Services. Your use of and access to any Third Party Services is solely between You and the third party provider of the Third Party Services. Your access to and use of any Third Party Services is subject to any additional terms, conditions, agreements, or privacy policies provided or entered into in connection with the Third Party Services (each, a “Third Party Agreement”). The terms of any Third Party Agreement (which may include payment of additional fees) will apply to the applicable Third Party Services provided under that Third Party Agreement but will not otherwise apply to Your access to or use of the BetaWorld Pass. Except as set forth in this Agreement, in the event of a conflict between the terms of this Agreement and a Third Party Agreement, the terms of the Third Party Agreement shall control with respect to Your access to and use of any Third Party Services provided under that Third Party Agreement. This Agreement will continue to control in all other respects.
6.1 Events. Events or other activities conducted with the BetaWorld Pass may be subject to specific rules and other terms established by Organizers. You undertake all transactions through the BetaWorld Pass subject to such terms, as applicable, and solely at Your own risk. Notwithstanding the foregoing, United Eleague Federation reserves the right to moderate, limit, cancel, or otherwise suspend BetaWorld Pass activity as set forth in this Agreement. Under no circumstance shall United Eleague Federation be liable to You for any damage, losses, expenses or harm resulting from United Eleague Federation’s exercise of such rights. You represent, warrant and covenant that You shall not make, provide, receive or attempt to use the BetaWorld Pass to make, provide, or receive payments from or to any person or Entity that is subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department. After You have approved a transaction, it is not possible to cancel, reverse, dispute or otherwise recover or return Your assets.
6.2 Identity Verification. United Eleague Federation may require that You verify Your identity before accessing or using certain Services. Promptly following United Eleague Federation’s request, You shall provide United Eleague Federation any and all Content, including Your full name and any documents or photographs, necessary for United Eleague Federation to verify Your identity. You hereby represent, warrant and covenant that such Content is accurate, current and complete. United Eleague Federation reserves the right to freeze Your Account until Your identity has been verified pursuant to this Section and to terminate Your Account should You fail to comply with Your obligations under this Section. You, and You (and, if acting in a representative capacity, individually and for the Entity You represent) authorize United Eleague Federation and its agents to make such investigative inquiries and request such third-party reports as it deems necessary to verify Your identity and that of Your principals and other agents.
Participants will pay fees required to access and use the BetaWorld Pass as set forth in the applicable BetaWorld Pass event or other Services terms and conditions. United Eleague Federation is entitled to up to 50% of the gross amount of all Participant entry or other Service fees paid by Participants in connection with access to and use of the BetaWorld Pass. Except as otherwise provided by law, BetaWorld Pass fees are subject to change without notice at any time and You are responsible for checking applicable fees prior to engaging in BetaWorld Pass activity. You hereby grant United Eleague Federation the right to charge or deduct funds from any third-party cryptocurrency wallet You have linked to the BetaWorld Pass (or such other wallet, credit card, debit card, online payment account, or other authorized payment method, where applicable) for all fees payable to United Eleague Federation under this Agreement. Unless otherwise specified in this Agreement, all BetaWorld Pass fees will be non-refundable once paid (including upon any termination or suspension of this Agreement). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1½% per month or the maximum amount permitted under New Jersey law. If United Eleague Federation requires use of collection agencies, attorneys, or courts of law for collection of Your account, You will be responsible for those expenses to the extent provided by this Agreement. You will be responsible for any and all use, sales, and other taxes imposed on Your access to and use of the BetaWorld Pass.
This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination of this Agreement for any reason: (1) all rights granted to You under this Agreement shall terminate; (2) You will immediately cease all use of and access to the BetaWorld Pass and all Services, including Your Content and any BetaWorld Pass Content You obtained prior to termination; and (3) United Eleague Federation may, in its sole discretion, delete Your Account or Your Content at any time. Your Content may continue to exist on the BetaWorld Pass and be visible to Users after termination of this Agreement unless You actively delete it or contact United Eleague Federation support and request deletion. Sections 7 (Fees), 8 (Termination), 10 (BetaWorld Pass Technology), 11 (Ownership), 12 (Feedback), 14 (Representations and Warranties), 15 (Disclaimers), 16 (Indemnity), 17 (Limitation on Liability), 18 (Data Privacy), 19 (TCPA Consent), 20 (Claims of Infringement), 21 (Force Majeure), 22 (Arbitration), 23 (Class Action Waiver), 24 (Governing Law and Venue), 25 (Notices), 26 (Interpretation) and 27 (Additional Terms) will survive any expiration or termination of this Agreement. Notwithstanding anything to the contrary elsewhere in this Agreement, United Eleague Federation may terminate this Agreement and any of Your rights hereunder immediately if it has the right to suspend activity under Section 9 hereof.
Without limiting United Eleague Federation’s right to terminate this Agreement, United Eleague Federation may also suspend Your access to Your Account and the BetaWorld Pass (including Your Content), with or without notice to You, in its sole and absolute discretion, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by United Eleague Federation to be inappropriate or detrimental to United Eleague Federation, the BetaWorld Pass, or any other United Eleague Federation customer or User.
10. BETAWORLD PASS TECHNOLOGY
The BetaWorld Pass, and the databases, software, hardware and other technology used by or on behalf of United Eleague Federation to operate the BetaWorld Pass, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute valuable intellectual property of United Eleague Federation. You shall not, and shall not permit any third-party to: (1) access or attempt to access the Technology except as expressly provided in this Agreement; (2) use the Technology, whether directly or indirectly, in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, change, or in any way create derivative works of the Technology; (5) distribute, sell, resell, gift, lend, loan, lease, license, sublicense or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third-party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive, determine, or discover the method of operation of the Technology; (7) attempt, whether directly or indirectly to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance or functionality of the Technology; or (9) interfere, whether directly or indirectly, with the operation or hosting of the Technology. United Eleague Federation uses reasonable means to protect the security of the BetaWorld Pass, but You acknowledge that perfect security on the internet is impossible and that, as a result, Your Content may be exposed in the event of a breach.
United Eleague Federation retains all rights, title and interest, including, without limitation, all IPR (as defined below), in and to the Technology and any additions, improvements, updates and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the BetaWorld Pass under this Agreement. The United Eleague Federation name, logo and all product and service names associated with the BetaWorld Pass are trademarks of United Eleague Federation and its licensors and providers and You are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
You agree that any feedback or ideas You provide to United Eleague Federation regarding the BetaWorld Pass or its underlying Technology or any suggested improvements thereto (together, the “Feedback”) will be the exclusive property of United Eleague Federation. To the extent You own any rights in the Feedback, You hereby agree to, and hereby do, assign all right, title and interest in and to the Feedback to United Eleague Federation. You agree to perform all acts reasonably requested by United Eleague Federation to perfect and enforce such rights.
United Eleague Federation will use reasonable efforts to ensure that the BetaWorld Pass can be accessed by You in accordance with this Agreement; however, United Eleague Federation does not guarantee that the BetaWorld Pass will be available at all times. United Eleague Federation will make reasonable efforts to give You notice of planned maintenance. You accept the risks associated with the fact that You may not always be able to use the BetaWorld Pass or engage in activity using Your Account.
14. REPRESENTATIONS AND WARRANTIES
14.1 General. You hereby represent and warrant to United Eleague Federation that: (a) You have the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on Your behalf; and (c) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement.
14.2 Compliance with Laws. You acknowledge that the BetaWorld Pass is a general-purpose online and in-person experiential service and is not specifically designed to facilitate compliance with any specific law. Your use of the BetaWorld Pass in compliance with any specific law, rule, or regulation applicable to You, or other data or information You may provide or generate through the BetaWorld Pass is Your sole responsibility. United Eleague Federation is not responsible for Your compliance with any such law or for Your failure to comply. Regardless of the jurisdiction in which You use or access the BetaWorld Pass, You represent and warrant to United Eleague Federation that Your use of and access to the BetaWorld Pass, including, without limitation, Your Content and any other data or information You may provide or generate through Your use of or access to the BetaWorld Pass, shall comply with all applicable laws, rules, and regulations and shall not cause United Eleague Federation itself to violate any applicable law. The foregoing obligation includes compliance with all laws that are applicable to the transmission of data on the internet, including, but not limited to, laws governing the transmission of data or funds across international boundaries, into prohibited countries, and containing financial, technical, and/or personally identifiable information.
15.1 No Tax, Legal, Financial, or Investment Advice. You should not interpret any Content provided on the BetaWorld Pass as tax, legal, financial, or investment advice. We have no special relationship with or fiduciary duty to You and Your use of the BetaWorld Pass does not create such a relationship. You agree and acknowledge that You are solely responsible for conducting legal, accounting and other due diligence review on the information posted on the BetaWorld Pass.
15.2 Acknowledgement of Cryptocurrency Risk. United Eleague Federation does not endorse or represent the reliability or accuracy of any Content distributed through or accessed from the BetaWorld Pass, and has not performed any investigation into such Content. United Eleague Federation shall, therefore, not be liable for any decisions to conduct activity based upon any Content available on the BetaWorld Pass. Any reliance upon such Content is at Your sole risk. You further acknowledge and agree that any online transaction, particularly one involving cryptocurrency, includes a high degree of financial risk, that You are solely responsible for determining the suitability of Your transactions, and that You accept the risks associated with such decisions.
15.3 General. THE BETAWORLD PASS IS PROVIDED “AS IS” AND “AS AVAILABLE.” UNITED ELEAGUE FEDERATION AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, AVAILABILITY, ADEQUACY OR CURRENCY OF ANY SERVICES OR CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED THROUGH THE BETAWORLD PASS. UNITED ELEAGUE FEDERATION AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE BETAWORLD PASS AND THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. UNITED ELEAGUE FEDERATION AND ITS PROVIDERS DO NOT WARRANT THE RELIABILITY, ACCURACY, INTEGRITY, SECURITY, COMPLETENESS, ADEQUACY OR CURRENCY OF THE BETAWORLD PASS, AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED BY USERS OF THE BETAWORLD PASS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE BETAWORLD PASS, UNITED ELEAGUE FEDERATION OR ITS EMPLOYEES, PROVIDERS OR AGENTS SHALL CREATE A WARRANTY OF ANY KIND. UNITED ELEAGUE FEDERATION AND ITS PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE BETAWORLD PASS WILL MEET YOUR REQUIREMENTS, BE SUITABLE FOR THE INTENDED PURPOSE, OR OPERATE UNINTERRUPTED OR ERROR FREE.
You hereby agree to indemnify, defend, and hold harmless United Eleague Federation and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, Users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) Your access to or use of the BetaWorld Pass, whether as a Participant or an Organizer; (2) Your Content or Account information or other Content You provide through the BetaWorld Pass; and (3) Your breach of any representation, warranty, or other provision of this Agreement. United Eleague Federation shall provide You with notice of any such claim or allegation, and United Eleague Federation shall have the right to participate in the defense of any such claim at its expense.
17. LIMITATION ON LIABILITY
UNITED ELEAGUE FEDERATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE BETAWORLD PASS, EVEN IF UNITED ELEAGUE FEDERATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT, DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. UNITED ELEAGUE FEDERATION’S TOTAL CUMULATIVE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT AND ITS PROVISION OF THE BETAWORLD PASS UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES UNITED ELEAGUE FEDERATION ACTUALLY RECEIVED IN CONNECTION WITH YOUR USE OF THE BETAWORLD PASS IN THE TWELVE MONTHS PRECEDING THE EVENTS ON WHICH ANY BASIS FOR LIABILITY IS ALLEGED. YOU AGREE THAT UNITED ELEAGUE FEDERATION WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, UNITED ELEAGUE FEDERATION’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. DATA PRIVACY
19. TCPA CONSENT
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from United Eleague Federation or anyone calling on its behalf, You expressly consent to be contacted by United Eleague Federation and anyone calling on its behalf for any and all purposes arising out of or relating to this Agreement or Your use of the Services, at any telephone number, or physical or electronic address You provide or at which You may be reached. You agree we may contact You in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto-telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from United Eleague Federation, its agents, representatives, affiliates or anyone calling on its behalf at the specific number(s) You have provided to United Eleague Federation, or numbers we can reasonably associate with Your Account (through skip trace, caller ID capture or other means), with information or questions about Your Account or use of the Services. You certify, warrant and represent that the telephone number that You have provided to us are Your correct and current contact numbers. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to us and agree to promptly alert us whenever You stop using a particular telephone number. Your cellular or mobile telephone provider will charge You according to the type of plan You carry. You also agree that we may contact You by e-mail, using any email address You have provided to us or that You provide to us in the future. We may listen to and/or record phone calls between You and our representatives without notice to You as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.
20. CLAIMS OF INFRINGEMENT
United Eleague Federation respects Your copyrights and other intellectual property rights and those of other third parties. If You believe in good faith that Your copyrighted work has been reproduced during a BetaWorld Pass event or experience without Your authorization in a way that constitutes copyright infringement, You may notify us by mail at 50 Charles Lindberg Blvd, Suite 503, Uniondale, NY 11553. Please include the following information in Your correspondence: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature.
21. FORCE MAJEURE
Neither party will be responsible for performance of its obligations hereunder where delayed or hindered by events beyond their respective reasonable control, including, without limitation, acts of God or any governmental body (including regulation, enforcement, controls or restrictions on cryptocurrency, blockchain, or the Service), war or national emergency, riots or insurrection, sabotage, embargo, fire, flood, accident, strike or other labor disturbance, or interruption of or delay in systems, power or telecommunications under third-party control
Except as otherwise provided below, the parties shall attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non- contractual claims relating to this Agreement (each, a “Dispute”), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, such Dispute shall be finally settled through binding arbitration under the rules of the American Arbitration Association then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration shall be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party to this Agreement delivers a request for arbitration, a neutral arbitrator shall be selected as provided in the Rules. The arbitration shall be conducted in an expedited manner, exclusively in the English language, at a site specified by United Eleague Federation in the State of New Jersey, U.S.A. The award of the arbitrator shall be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators shall require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement. Notwithstanding the foregoing, You agree that the following matters shall not, at the election of United Eleague Federation, be subject to binding arbitration: (a) any dispute concerning United Eleague Federation’s, its suppliers’, or its service providers’ IPR; (b) any dispute related to or arising from allegations of criminal activity; or (c) any claim for injunctive relief.
23. CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ACTION ARBITRATION PROCEEDINGS OR OTHERWISE. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND UNITED ELEAGUE FEDERATION SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
24. GOVERNING LAW AND VENUE
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of New Jersey, U.S.A. as such laws apply to contracts between New Jersey residents performed entirely within New Jersey without regard to the conflict of laws provisions thereof. Subject to Section 22, each party hereto: (a) consents to and waives any objections to personal jurisdiction, service of process, and venue in the federal and state courts located in the State of New Jersey, U.S.A. and (b) agrees that any action arising out of or relating to this Agreement shall be filed and prosecuted only in such courts.
Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to United Eleague Federation by postal mail to the following address: 50 Charles Lindberg Blvd, Suite 503, Uniondale, NY 11553. United Eleague Federation may provide You with any notices required or allowed under this Agreement by sending You an email to any email address You provide to United Eleague Federation in connection with Your Account, provided that in the case of any notice applicable both to You and other Users of BetaWorld Pass, United Eleague Federation may instead provide such notice by posting on BetaWorld Pass. Notices provided to United Eleague Federation will be deemed given when actually received by United Eleague Federation. Notice provided to You will be deemed given upon posting to BetaWorld Pass or sending via e-mail, unless otherwise required by law prohibited or (as to e-mail) the sending party is notified that the e-mail address is invalid.
Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States. To the extent any translated version of this Agreement conflicts with the English language version, the English language version will control. When interpreting this Agreement: (1) any headings are for reference purposes only and shall not be used in the construction and interpretation of this Agreement; (2) the singular includes the plural, and vice versa; (2) “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation; (3) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement; (4) "law" means any foreign, federal, state or local law (including common law), statute, standard, code, ordinance, rule, regulation, promulgation or any order by any governmental authority; and (5) "governmental authority" means any government or governmental or regulatory body thereof, or political subdivision thereof, whether federal, state, local or foreign, or any agency, instrumentality or authority thereof, or any court or arbitrator (public or private).
27. ADDITIONAL TERMS
This Agreement is the complete and exclusive agreement between You and United Eleague Federation regarding Your access to and use of the BetaWorld Pass. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and United Eleague Federation relating to Your use of the BetaWorld Pass. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers by United Eleague Federation under this Agreement must be in writing or later acknowledged by United Eleague Federation in writing. Any waiver or failure by United Eleague Federation to enforce any provision of this Agreement on one occasion shall not be deemed a waiver by United Eleague Federation of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision shall be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions shall remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement shall be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. You may not assign or transfer either this Agreement or any of Your rights or obligations hereunder (in whole or in part and including by sale, merger, consolidation, gift, or other operation of law) without the prior written approval of United Eleague Federation. Any assignment in violation of the foregoing shall be null and void. United Eleague Federation may assign this Agreement to any party that assumes United Eleague Federation’s obligations hereunder. The parties hereto are independent contractors, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.