To the #PvPFam,
We are sad to announce that we will be ending operations effective February 5, 2018. We appreciate all the support our community has given us, and it is that support that has kept us going as individuals. Your support on our journey through esports has been our honor and privilege. All remaining money in user accounts is available to withdraw. Users can contact email@example.com over the next 180 days to withdraw their total balance.
PvP Live Interactive Terms of Service
Before using PvP Live, please take some time to carefully read our Terms of Service below (“Terms,” or “Agreement”). The Terms below constitutes a binding contract between you and PvP Live.
1. Acceptance of Terms
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
2. Modification to Terms of Service
PvP Live reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that PvP Live shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. PvP Live may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. PvP Live Account
3.1 Creating Your PvP Live Account
You may view Content (as further defined below) on the Site or App without registering for an account, but as a condition of using certain aspects of the Services, including entering Competitions and communicating with other account holders through the Site or App, you are required to create a PvP Live account (“Account,” as further defined below). You must be at least eighteen (18) years of age to open a PvP Live account for any Paid Entry Competitions. You must be at least thirteen (13) years of age to open a PvP Live account for any Free Competitions.
To sign up for an Account, you must submit a username and password. You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication that PvP Live may request in its sole discretion. To enter Competitions that require you to make deposits, you may be required to submit your social security number, upon withdrawal of any deposits. You must provide us with accurate and complete information when if, at any time, your account information changes.
You may not use a username that promotes a commercial venture or a username that PvP Live in its sole discretion deems offensive. PvP Live may require you to change your username or may unilaterally change your username.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Service to allow any other person to use your account to participate in any Competition. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to firstname.lastname@example.org immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. PvP Live cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3.3 Purpose of Account
You agree that the sole and specific purpose of creating an account on PvP Live is to participate in the service provided by PvP Live online. PvP Live shall be entitled to suspend, limit, or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Competitions on the Service. In such circumstances, we may also report such activity to relevant authorities.
Generally, you may have access to Free Competitions (as further defined below) in any jurisdiction. There are restrictions, however, on who may have access to Paid Entry Competitions (as further defined below), and where those persons may access the Paid Entry Competitions. This Eligibility section applies to Paid Entry Competitions.
You must also be at least eighteen (18) years of age to participate in Competitions or win prizes offered through PvP Live Paid Entry Competitions. In jurisdictions, territories, and locations where the minimum age for permissible use of Paid Entry Competitions is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. To enter a Paid Entry Competition, you must be at least nineteen (19) years of age if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts. Legal residents physically located in any of the fifty (50) states, Washington, DC, and Canada excluding Arizona, Connecticut, Maryland, and Quebec (the “Prohibited Jurisdictions”) are eligible to open an account and participate in Paid Entry Competitions offered by PvP.
Legal residents of the Prohibited Jurisdictions are eligible to open and maintain accounts on the Site for use only in games that do not offer prizes and do not cost money to enter. By depositing money or entering a Paid Entry Competition, you are representing and warranting that:
- you are of 18 years of age or older (or the minimum age for permissible use in your local jurisdiction)
- you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
- at the time of deposit or game entry you are physically located in a jurisdiction in which participation in the Competition is not prohibited by applicable law or these Terms;
- you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties;
- you will abide at all times by these Terms of Service and any other agreements between you and PvP Live regarding your use of the Service or participation in games;
- when depositing funds or entering a paid Competition, you are not physically located in of any of the Prohibited Jurisdictions;
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
- When entering any Competition that awards prizes, you are not an Employee, Immediate Family Member, or operator of PvP.
- PvP Live employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Relatives of PvP Live employees with whom they share a household are not eligible to participate in paid Competitions unless they are Free Competitions with other PvP Live employees or household members.
- If PvP Live determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. PvP Live may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If PvP Live otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that PvP Live may have in law or equity, PvP Live reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, PvP Live may pay out any withheld or revoked prizes to the other entrants in the relevant Competition in a manner consistent with the prize structure of the Competition, to be precisely determined by PvP Live in its sole discretion. PvP Live also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
5. Availibility of the Services
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
PvP Live may limit access, via technological means, to the Site and the services in the Excluded States. If you attempt to deposit money into an Account or play in any Competition in which a prize is awarded while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We do not intend that the Site or App and the services offered thereon to be used by persons present in jurisdictions in which the playing of fantasy sports Competitions may be prohibited or restricted.
By visiting the Site, you will be able to view the games available for entry (“Competitions”). While some Competition may be free to enter, certain Competitions on the Site or App will require an entry fee. It is your responsibility to know and understand the rules and required entry fees for any given Competition.
PvP Live Competitions consist of tournaments, ladders, and other competitions more fully explained in our Competitive Rules Guideline and within the directions of each individual Competition. PvP Live offers two categories of Competitions – Free Competitions and Paid Entry Competitions.
- Free Competitions – Free Competitions are totally free. Users in free Competitions will pay nothing. Occasionally, cash prizes may be offered for winners of our Free Competitions.
- Paid Entry Competitions – Paid Entry Competitions are our most popular format. Paid Entry Competition have two styles – subscription, or pay as you play. Under both styles, PvP Live collects a fee from each User, which allows them access to join certain Competitions.
Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. In particular, due to restrictions in certain jurisdictions’ laws, residents of the Prohibited Jurisdictions are not eligible to participate in our Paid Entry Competitions.
5.1 Entry Fee
Paid Entry Competitions each have an entry fee. The entry fee may vary from Competition to Competition. When you choose to enter a Paid Entry Competition and complete the entry process, the requisite entry fee will be debited from your PvP Live account. All payments are final. No refunds will be issued.
5.2 Conditions for Entry
To be eligible to enter any Competition or receive any prize, the you may be required to provide PvP Live with additional documentation and/or information to verify your identity as the account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an account holder, PvP Live will, in its sole and absolute discretion, utilize certain information collected by PvP Live to assist in verifying the identity and/or eligibility of such account holder.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is Contested and in PvP’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. PvP Live reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
PvP Live employees (“Employees”) and Immediate Family Members (an “Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Paid Entry Competition hosted on the Site or App; provided, however, Employees and Immediate Family Members are permitted to play in Free Competitions.
By entering a Competition, entrants agree to be bound by these Rules and the decisions of PvP Live, which shall be final and binding in all respects. PvP Live, at its sole discretion, may disqualify any entrant from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information PvP Live deems to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other entrants. These Terms prohibit entering a Competition if the entrant is:
- Except as otherwise stated in the Eligibility section above, a PvP Live Employee or an immediate family member of such employee; or
- A person prohibited from participating pursuant to court order.
In addition, conduct that would be deemed improper also includes, but is not limited to:
- Falsifying any personal information required to create an account at the Site, or to enter a Competition or claim a prize;
- Unauthorized use of any third party’s Account;
- Creating multiple Accounts;
- Dealing, in any way, with any third party who may be able to influence the outcome of any Competition;
- Any attempt to tamper with, manipulate or influence the Services, software, or any security measure;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Competition or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Any violation of Competition rules or the Terms of Service;
- Using a single Account to participate in a Competition on behalf of multiple entrants or otherwise collaborating with others to participate in any Competition;
- Using automated means (including but not limited to scripts and third-party tools) to interact with the Site or App in any way (this includes, but is not limited to: creating a Competition, entering a Competition, withdrawing from a Competition);
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Site or App or of any User for any purpose; or
- Abusing the Site in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent PvP Live from pursuing criminal or civil proceedings in connection with such conduct.
5.3 Indemnification for Competition Entry
By entering into a Competition or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless PvP Live, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Competition, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. PvP Live may, in its sole and absolute discretion, require the account holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
5.4 Competition of Skill – Paid Entry Competitions
Paid Entry Competitions offered on the Site or App are Competitions of skill. Each of our Competitions are governed by specific rules, as may be modified from time to time, which are set forth in the Competition official rules and are incorporated into these Terms by this reference. Winners are determined by the objective criteria described in the Competition Rules, scoring, and any other applicable documentation associated with the Competition. From all entries received for each Competition, winners are determined by the individuals who use their skill to accumulate the most points according to the corresponding scoring rules. The Site, App, and Competitions may not be used for any form of illicit gambling.
5.5 Competition Results
Prizes will only be awarded if a Competition is run. We reserve the right to cancel Competitions at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Service.
All open Competitions that are completed on PvP Live have a predetermined prize pool and number of entrants. Competitions labeled as "Guaranteed" will always run and pay out regardless if the Competition starts as unfilled. Some structured Competitions, however, require a specified number of participants. If that number of participants is not reached before the start of the Competition, the Competition will not take place and your entrance fee will be refunded. At the end of each Competition, you are required to immediately report the outcome of the Competition to us in the Match Lobby. You are required to report whether you won or lost. To insure you are awarded for winning a Competition, you are required to submit screen shots of each game played. Participants who do not immediately report, within thirty minutes of their opponent reporting will take a platform wide reputation hit for failure to timely report.
5.6 Proof of Winning
All players are required to provide valid proof that (1) a competition was played; and (2) that one of the participants won the competition. Valid proof can be in the form of screenshots, images, and/or video and are required to contain the following information: (1) networkID names and (2) game/round score.
The reporting user for the winning team is required to show proof of winning if Competition is disputed. In order to limit confusion, the burden of proof to be awarded a Competition win, falls on the winning competitor (player or team).
5.7 Match Disputes
If competing players or teams both report the same outcome (win/win or loss/loss), the Competition will be automatically routed to our customer service team. The outcome of the match will be awarded based on proofing of winning.
PvP Live will review the submitted screenshots and, in its sole discretion, award the win based on the rules of the competition. All determinations made by PvP Live in awarding Competition outcome based on Proof of Winning screenshots are final.
Competition prize payouts will be published with the creation of each new Competition (“Competition Prize Table”).
Prizes will be awarded as soon as reasonably practicable following the submission of a proof of winning and any determination of match disputes. The prizes available for each Competition are published in the respective Competition Prize Table.
No substitution or transfer of prize is permitted except at our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a Competition, PvP Live reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such prize. In all disputes arising out of the determination of the winner of PvP Live Competitions, PvP Live Interactive, Inc. is the sole judge and its actions are final and binding.
You acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to the Terms of Service, in any way, we may disqualify you from any Competition entered, in which case any prizes awarded to you as a result of said Competition will be immediately forfeited. You agree to cooperate with our efforts to reverse payments.
All monetary winnings will be deposited directly into your Account. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you
6. Subscription Service
Users can purchase the PvP Live subscription service for a monthly reoccurring fee as specified on the Site, which PvP Live reserves the right to change or amend in its sole discretion. This fee will automatically renew on the first day of each month. Users with the subscription service shall be entitled to certain benefits as specified on the Site, which PvP Live reserves the right to change or amend in its sole discretion. PvP Live reserves the right to augment or eliminate benefits under the subscription service in its sole discretion.
If you choose a Subscription Service (including any pre-paid subscription which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant PvP Live permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to the Subscription Services will not be established until PvP Live has verified that the credit card or other payment information you provide us for payment is accurate and that your payment method account is in good standing. You further agree that PvP Live may charge any other applicable fees for the Service, including any early termination fee, to your payment method.
You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify PvP Live if your selected payment method is cancelled (e.g., for loss or theft).
We reserve the right to suspend or terminate your access to any Subscription Service that is a part of the Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to us when we believe you are liable for the charges.
You may choose not to renew your Subscription Service at any time by selecting the “Do Not Renew” option under your subscription setting at www.pvplive.com/membership. Your cancellation is effective at the end of the current subscription term
6. Competition Disqualification and Cancellation
If you enter a Competition, you may not cancel that entry. All Competition purchases are final. If you fail to participate in a Competition you enter, then you will forfeit your Competition fee. If you timely cancel an entry, your entry fee will be refunded back into your Account. PvP Live has no obligation to honor cancellation requests received after the registration end date and time.
6.1 NO REFUND
Deposits made on our site will appear on your statement as PVP. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
6.2 Disqualification and Cancellation by PvP
Participation in each Competition must be made only as specified in the Terms of Service. Failure to comply with these Terms of Service will result in disqualification and, if applicable, prize forfeiture.
PvP Live, in its sole discretion, may disqualify you from a Competition or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct PvP Live deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent PvP Live from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
We reserve the right, in our sole discretion, to cancel or suspend any Competition (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Competition (or any portion thereof). This section specifically includes when a Competition Prize Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Competition is cancelled altogether, no Competition entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Competition will once again be made available to you via your account.
7. Deposits and Withdrawals
Creating a PvP Live account is free. However, there are associated fees for certain Competitions and Account types. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged.
To pay for such services, you must provide PvP Live with the information necessary to process such order including, but not limited to, your billing address, payment method, Social Security Number, driver’s license. You agree to pay PvP Live the charges incurred in accordance with these Terms and applicable pay services. If you dispute any charges, you must inform PvP Live in writing within thirty (30) days of being billed by PvP Live. PvP Live reserves the right to permanently ban any User and Account in its sole discretion. If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the Services or by email.
To participate in Paid Entry Competitions, you will be required to deposit funds into your Account by any of the methods permitted on the Site (currently Paypal, Visa, Mastercard, and American Express). PvP Live requires a minimum deposit of $5, and each deposit shall be charged a service fee.
Such funds will be deposited into your Account upon actual receipt of the funds by PvP. Minimum and maximum limits may be applied to deposits into your Account, depending upon your history with the Site, the method of deposit, and other factors as determined solely by PvP. We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named account holder. It shall be a violation of these Terms for you to submit payment using any payment method that you are not the named account holder. In addition, to be eligible to deposit money into your Account and play in Competitions that award prizes, you must not be subject to backup withholding tax from the IRS.
If any deposit is charged back any winnings generated from PvP Live Competitions shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. PvP Live reserves the right to close your account – without notice – should a deposit be charged back.
By depositing funds or entering paid Competitions, you agree to provide us with a valid mailing address, date of birth and social security number and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in Competitions, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. If PvP Live requests that an entrant completes and executes such an affidavit and the entrant fails to do so within ten (10) days, or PvP Live otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, PvP Live reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, PvP Live may pay out any withheld or revoked prizes to the other entrants in the relevant Competition in a manner consistent with the Rules of the Competition.
7.3 Account for Deposited Funds
When you make a deposit, or earn winnings, your deposits and winnings after Competitions are completed are held in a separate, segregated bank account (the "Segregated Account") held by PvP Live separate from its operating account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and PvP Live may not use them to cover its operating expenses or for other purposes. PvP Live shall reconcile accounts on a daily basis.
Players who believe that funds held by or their accounts with PvP Live Interactive, Inc. have been misallocated, compromised or otherwise mishandled, may register a complaint with PvP Live, online by e-mailing email@example.com or in writing to 6170 Research Road, Frisco, Texas 75033. PvP Live shall use its best efforts to respond to such complaints within ten (10) days. If PvP Live determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for PvP Live to process the complaint, the response will note the form and nature of the necessary additional information needed.
7.4 Bonuses and Promotions
From time to time, PvP Live may provide you with promotional discounts or bonuses – for example, as an incentive to use PvP’s Services, to establish a PvP Live account or to refer others to sign up with PvP. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, promotional discounts are non-transferrable.
You may request a withdrawal of funds from your available cash balance in your Account at any time. The minimum withdrawal is $0.01 U.S. dollars. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal.
Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Site or App. You acknowledge that, in order to complete withdrawals, Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification as reasonably requested by PvP Live in order to complete the withdrawal of prizes. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Service in any manner.
When withdrawing, enter the amount you wish to withdraw, along with payee information. PayPal, debit, and credit card requests will be processed within 48 hours, while check withdrawals take 7-10 days to process. In cases where you have received a bonus or other benefits as a result of your deposit and have not yet played through the deposit (entering competitions whose total entry fees equal the value of the deposit), PvP Live reserves the right to refuse the withdrawal and/or close your account. PvP Live reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. If you do not receive your withdrawal within five (5) business days, please contact customer support at firstname.lastname@example.org. Checks for withdrawal requests are processed within 14 business days, and are sent via U.S. Mail.
If your Account is closed by us for a violation of the Terms, we reserve the right to determine whether to declare as void any transaction placed by you. If a prize has been awarded on a closed account due to fraud PvP Live may withhold the prize, provided that the prize is then awarded to another participant in the Competition who would have won the prize had that user not participated. In such an event, we use your Account funds to defray the costs of administration and enforcement of the Terms.
7.6 U.S. Dollars
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (defined below) or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors and/or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Competitions is challenged by any legal authority, PvP Live reserves the right in its sole discretion to determine whether or not to award such prizes.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to PvP. These details will be used to allow PvP Live to comply with tax regulations and may be shared with appropriate tax authorities. It is the policy of the Site, and in compliance with United States Internal Revenue Service regulations, PvP Live may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) with the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of $600 (USD) on the Site (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, PvP Live may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. PvP Live reserves the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. PvP Live does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
7.8 Third-Party Payment Processor
By entering a Competition, you consent to PvP Live’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Competition and/or other PvP Live Competitions and PvP Live generally, unless otherwise prohibited by law. PvP Live and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Competition. Entrants agree that PvP Live may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of PvP Live or other Competitions or games operated by PvP Live. You agree that participation in and (where applicable) the winning of a prize in connection with a Competition constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Competitions may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC COMPETITION, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED ON A WINNERS' LIST.
7.10 Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
- You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- You shall not attempt to use any method to gain unauthorized access to any features of the Services;
- You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;
- You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;
- You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of PvP Live or any third party; or that impersonates any person or entity, including any employee or representative of PvP Live;
- You shall not directly or indirectly take any action that imposes or may impose (as determined by PvP Live in its sole discretion) an unreasonable or disproportionately large load on PvP Live’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- You shall not sell or otherwise transfer your profile; and
- You are prohibited from posting content that: is direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.
If for any reason, PvP Live determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services (or any portion thereof) by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PVP LIVE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Termination of Usage
You may cancel your account at any time through your account settings or by sending us an email at email@example.com. Unless PvP Live is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, PvP Live reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions).
Following termination of your account, however, your license to use PvP’s Content automatically terminates, and PvP Live has no obligation to provide you with use of the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.
9. Advertisements and Third-Party Sites
The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.
Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with PvP Live. Your dealings with third parties are solely between you and such third parties. You agree that PvP Live will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that PvP Live shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
10. PvP Live Intellectual Property and User Content
10.1 Intellectual Property
Through the Site, email, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.
PvP Live owns or is in the process of registering trademarks for its many goods and services, including the PvP Live name and the associated graphics, logos and service marks and may not be used without prior written consent of PvP Live. All other trademarks, product names, and company names and logos appearing within the Site or App are the property of their respective owners.
10.2 Our Content
Our content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our content solely for legally permitted activities related to our Services as outlined in these Terms.
10.3 User Content
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. PvP Live shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on PvP Live's social media pages (collectively, "Feedback") and it may share with any of its affiliates. PvP Live will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Services or elsewhere. Without limitation, PvP Live will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote PvP Live, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the User Content.
To the extent that you decide to post any content (“User Content”), including your profile information, photos, or Feedback, on the Services or on PvP Live's social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant PvP Live all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not PvP Live, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. PvP Live may refuse to accept or transmit User Content. Additionally, PvP Live shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
11. Copyright and Trademark Notices
11.1 Copyright Policy
PvP Live complies with the Digital Millennium Copyright Act (DMCA). PvP Live will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify PvP Live's Copyright Agent by email at firstname.lastname@example.org or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, sufficient for PvP Live to locate the material; your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, PvP Live has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. PvP Live also may terminate User accounts even based on a single infringement.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, PvP Live may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at PvP Live’s sole discretion.
11.3 Trademark Policy
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on the Services are registered and unregistered marks of PvP Live and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. PvP Live aggressively enforces its intellectual property rights to the fullest extent of the law. PvP Live’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site or App, without our prior, written permission. To request permission to use the Trademarks or Content on the Services, or any other PvP Live material, please contact us.
12. Warranty Disclaimer
PVP LIVE DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, PVP LIVE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE OR APP, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR APP OR THE CONTENT. FURTHER, PVP LIVE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, PVP LIVE INC. AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “PVP") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. PVP LIVE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES 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, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PVP LIVE ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): PVP LIVE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. PvP Live will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the PvP Live equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
13. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL PVP LIVE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, PVP’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
14.1 Initial Dispute Resolution
It is PvP Live’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that PvP Live has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, PvP Live is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with PvP Live, you acknowledge and agree that you will first give PvP Live an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to email@example.com or mail to PvP Live 6170 Research Road, Frisco, Texas 75033.
You then agree to negotiate with PvP Live in good faith about your problem or dispute for at least sixty (60) days after PvP’s receipt of your written description of it.
14.2 Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.orgor by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, PvP Live will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, PvP Live will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
14.4 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PVP LIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
14.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
14.6 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: PvP Live Interactive, Inc., 6170 Research Road, Frisco, Texas 75033. The notice must be sent within 30 days of August 16th, 2017 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, PvP Live also will not be bound by them.
14.7 Changes to this Section
PvP Live will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute, not subject to arbitration you and PvP Live agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Dallas, Texas. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and PvP Live shall be governed by the laws of the State of Texas without regard to conflict of law provisions.
15. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with PvP’s prior written consent. Any assignment in violation of this section shall be null and void. PvP Live may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
17. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
18. Notice Policy and Your Consent
Under these Terms you are contracting with PvP Live Interactive Inc., a Texas corporation. All notices should be addressed to PvP Live Interactive, Inc. at the address in the Contact section below.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other PvP Live company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give you notice by means of a general notice on the Services, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
19. Geographic Limits of Service
PvP Live make no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not PvP Live, are responsible for compliance with applicable local laws.
PvP Live reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
20. Governing Law
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that PvP Live and its Services are deemed passive and that do not give rise to personal jurisdiction over PvP Live or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Collin County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
21. Integration and Severability
These Terms and other referenced material constitutes the entire agreement between you and PvP Live with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and PvP Live with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
22. No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org or by mail at the appropriate address below:
Customer Support Requests:
Attention: PvP Live Customer Service
6170 Research Road
Frisco, Texas 75033
Copyright Notices, other Legal Notices:
6170 Research Road
Frisco, Texas 75033
July 31, 2017
1. Information PvP Live Collects
In administering the Services, PvP Live may collect from you, Personal Information and Non-Personal Information. Personal Information is information, that by its very nature, can be tracked back to you (“User”). Some example of this type of information include your name, business name, address, phone number, email address, and driver license number. Non-Personal Information, on the other hand, is information that is considered insufficient to be linked back to the User (“Non-Personal Information”).
1.1 Personal Information You Provide to PvP Live
You may provide Personal Information including, but not limited to, your name, email address, date of birth, digits of your social security number, copies of state and federally issued identification, credentials, address, credit card details, username, and current location when you register and use the Services.
1.2 Information Automatically Collected by PvP Live
Like other websites or apps, we also may collect and store information that is generated automatically as you navigate through our Services. We may collect information about your visit from the browser on your computer or mobile device including but not limited to the time and date you access the Services, your geographic location, IP address, device information, cookies and the pages you request — to analyze trends, administer the Services, track navigation of the site, deliver relevant advertisements and gather broad demographic information for aggregate use (note that IP addresses are not linked to “personally identifiable information”). We use this information to improve understanding of customer needs and provide relevant services. To automatically collect information, we use various technologies including, Cookies and Analytics. Regarding analytics, we use various analytics services to better understand how Users interact with our Services. These analytics services provide non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on our site and where visitors went when they left our site.
1.3 Information from Other Sources
2. How We Use User Data
We will use the information you provide to us for a variety of purposes, including to:
- create your PvP Live account,
- contact you to fulfill Services placed through PvP Live,
- contact you for customer service requests,
- contact you to inform you of important changes or additions to our Services,
- send you administrative notices, oﬀers and any other communications that we believe may be of interest to you,
- operate, improve and maintain our products and services, including analyzing User behavior,
- administer promotions, provide features and display relevant content to you,
- track and monitor web traffic,
- track your response and behavior on the Services,
- interact with support and feedback platforms,
- manage support and contact requests,
- tailor and optimize advertising, and
- to implement SPAM protection.
We use your email address for administrative communications such as notifying you of major Service updates, for customer service purposes, or contacting you regarding any content that you have posted to or downloaded from the Service.
PvP Live may periodically send promotional materials or notifications to you related to the Service. If you want to stop receiving promotional materials, you can go to your account settings once you have logged in to the Service or (for email) follow the unsubscribe instructions at the bottom of each email. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
3. How We May Share User Information
We don’t give your Personal Information to any third-party services, except when it’s necessary to provide services (like when we partner with payment processors or other data services). When we share data with third-party services that support our delivery of the Services, we require that they protect your Personal Information to the same standards we do. We do reserve the right to disclose Personal Information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect our legal rights. PvP Live also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to: take precautions against liability to PvP Live; protect PvP Live from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third party claims, or allegations to protect the security or integrity of the Service; or protect the rights, property, or safety of PvP Live, our users, or others.
Please see below for how we may share your Personal Information and Non-Personal Information.
3.1 Sharing of Personal Information
- Service Providers and Contractors: We reserve the right to disclose to service providers, contractors, or other third parties any or all of the information that we collect online about you and other visitors to conduct business on our behalf. These activities could include processing or making payments, maintaining the Site, or facilitating email delivery to you. We require that our service providers and contractors protect your Personal Information with the same standards we do but we are not responsible for their policies or practices.
- By Law or to Protect Rights: We may disclose information when we believe that disclosure is necessary to comply with the law, to enforce our intellectual property rights, to enforce our Terms of Service, or to protect the rights, property or safety of PvP Live and our employees, and if necessary to defend against third-party claims. We may also disclose information when requested to comply with a court order, investigation, or governmental request.
Please bear in mind that whenever you voluntarily make your Personal Information available for viewing by third parties online – for example through comments and participation in forums or through email – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
3.2 Sharing of Non-Personal Information and Aggregate Data
PvP Live may share with third parties your Non-Personal Information and related aggregated data. Because this form of data does not identify particular Users, these third parties will not be able to contact you based solely on this data. For example, we may share aggregated usage data from our Users or may share IP addresses or general demographic information of our Users to provide anonymous aggregated data to business partners about the volume of use on the Services and the opportunities in which Users are most interested.
4. How We Protect All of Our Data
All information submitted to PvP Live will be stored on our servers. We will use industry standard measures, including encryption where appropriate.
PvP Live protects your payment information in line with Payment Card Industry (“PCI”) Data Security Standards (“PCI-DSS”), PIN Entry Device Standards (“PED”), and Payment Application- Data Security Standards (“PA-DSS”). As such PvP Live (a) observes, among other things, standards of due care with regard to the protection of sensitive Cardholder information; and (b) insures that the point of sale equipment and applicable software used by you comply with PCI-DSS guidelines. Currently, the PCI-DSS guidelines are based on a list of twelve basic security requirements with which all payment system constituents comply. PvP Live complies with these requirements, which are:
- Installed and maintained firewall configurations to protect Cardholder data;
- Use of unique passwords and security parameters that are not default or vendor-supplied;
- Protection of stored Cardholder data;
- Encrypted transmissions of Cardholder data across open, public networks;
- Regularly used and updated anti-virus software;
- Developed and maintained secure systems and applications;
- Restricted access to Cardholder data by business need-to-know;
- Assigned unique ID to each person with computer access;
- Restricted physical access to Cardholder data;
- Tracked and monitored all access to network resources and Cardholder data;
- Regularly tested security systems and processes; and
- Maintained policy that addresses information security.
However, as eﬀective as the reasonable security measures we implement may be, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet. Therefore, any information you transmit to us is sent at your own risk.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us at the address below.
6170 Research Road
Frisco, TX 75033
5. How You Can Control the Information We Collect, Use and Share
If you share information with us, you will have the opportunity to review, update, change or delete the information you have provided to us (and that we continue to store) at any time through your profile settings. You can also stop receiving emails from us or disable your account to prevent any future purchases through that account. Please contact us directly at email@example.com to affect changes or click on the “unsubscribe” link located at the bottom of marketing emails you may receive from us.
On request, we will give you a copy of all the Personal Information about you that we hold. This information is subject to a fee not exceeding the prescribed fee permitted by law.
We may retain certain information as required by law or for necessary business purposes. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We are under no obligation to destroy anonymized aggregate data.
Regardless of your choices regarding promotional communications and updates regarding content, we may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.
6. Our Policy Toward Children
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
Protecting the privacy of young children is especially important. For that reason, PvP Live does not knowingly collect or maintain personal information from persons under 13 years-of-age. If PvP Live learns that personal information of persons under 13-years-of-age has been collected on or through the Service, PvP Live will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has become a Service member, then please contact PvP Live at firstname.lastname@example.org to have that child's account terminated and personal information deleted.
7. Consent to Transfer
PvP Live reserves the right to store this information in and outside of the United States and in locations not under our direct control (for example, colocated server facilities).
The Services may contain links to other sites or services. We are not responsible for the privacy policies or other practices employed by websites linked to, or from, our website nor the information or content contained therein. This privacy statement applies solely to information collected by our Services.
9. Changes and Updates
10. Contact Us
11. California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. PvP Live does not currently disclose personal information to third parties for their direct marketing purposes.
12. Merger or Sale
In the event that PvP Live, or some or all assets related to the Service are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event.
13. Advertising and Analytics Providers
We may use third-party Web analytics services on our site, such as those of Google Analytics and Mixpanel; These service providers use a variety of tracking technologies such as cookies to analyze how users use the Service; The information collected will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Service; To learn about opting out of Google Analytics, please; click here. To opt out of Mixpanel, please click here. Because these opt outs are cookie-based, please note that if you get a new computer or device, install or start using a new browser, or erase or alter your browser's cookie file, you may need to opt out again.
PvP Live may allow advertisers, third-party advertising networks and third-party advertising serving companies to serve advertisements directly to you within the Service and other PvP Live sites, services and software. By serving these advertisements directly to you, these companies can set their own cookies on your computer and trigger their own Web beacons and other tracking technologies to measure the effectiveness of their advertisements, and to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in personalizing the advertising content delivered to you. PvP Live does not provide information that personally identifies you to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks PvP Live to show an advertisement to a certain audience (for example, males age 15 to 18) or audience segment (for example, males age 15 to 18 who have participated in certain promotions) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
14. Do Not Track
Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the Network Advertising Initiative and the Digital Advertising Alliance opt-out links above. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
August 10, 2017