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Leaguegaming - Your Virtual Career

This is a legal agreement between you and LEAGUEGAMING SYSTEMS INC. ("Company") for the use of the Companys online service and related features (the "Service"). If you do not agree to these Terms of Use and Statement of Privacy Policy ("Terms of Use" or "Agreement"), do not register for or use the Service. By completing registration and or using the Service, you signify your agreement to the terms and conditions of these Terms of Use. Please note that if you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Company in operating the Service, your sole and exclusive remedy is to discontinue using the Service by calling Companys Customer Service representative.
  1. 1. The Service. The Service consists of Online Leagues.
  2. 2. Changes in Service Terms. Company reserves the right, in its sole discretion, to (1) change the terms of these Terms of Use, (2) change the prices charged for any aspects of the Service if applicable, or (3) change, revise or discontinue any aspect of the Service. Such changes will be made in a manner consistent with this Section 2. Company will provide notice of any changes in Service terms by posting a revised Terms of Use in place of these Terms of Use prior to the beginning of the Companys immediately subsequent billing cycle following such change, if applicable. All such changes shall become effective upon the posting of a revised Terms of Use. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. It is your responsibility to periodically review these Terms of Use for revisions. If you do not agree to any modification of these Terms of Use, you must immediately stop using the Service and immediately notify Company of your decision
  3. 3. Term and Termination. These Terms of Use will begin to take effect on the date that your completed registration is accepted by Company and end upon the unilateral cancellation by Company.
  4. 4. Acceptable Use Policies. You agree to comply with Companys Acceptable Use Policies, which are attached to these Terms of Use as an Exhibit, available on-line via the Service, incorporated herein by reference and subject to change by Company from time to time.
  5. 5. Age Qualification. Company will provide Service only to individuals who are 16 years of age or older. By agreeing to these Terms of Use, you certify that you are 18 years or older.
  6. 6. Intellectual Property and Trademarks. The contents of the Service and webpages and trademarks are intellectual property owned exclusively by Company, its suppliers or other third parties as otherwise indicated under all applicable laws. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your personal use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Company or any third party owner of the intellectual property.
  7. 7. Other Responsibilities of User. You agree that you will be the only user of your account ID and password and that you will not transfer or disclose either your account ID or password to any other person. You agree that you will be responsible for all usage of the Service and any other services accessed through the Service on your account whether or not authorized by you. a. You agree to provide accurate information about yourself as prompted by the Service registration form. You also agree to keep that information updated by contacting Companys customer service representatives in order to provide Company notice of any changes to such information. b. You understand that, except for such information, products or services clearly identified as being supplied by Company, Company does not endorse any information, products or services in any way. You also understand that Company cannot and does not guarantee or warrant that the material available through the Service will be free of infection or viruses, worms, Trojan Horses or other code that manifest contaminating or destructive properties. You assume total responsibility and risk for your use of the Service and the Internet.
  8. 8. Limitation of Warranties and Liability; Disclaimer of Warranties.
    1. a. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
    2. b. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL OTHER SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.
    3. c. NEITHER COMPANY NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE.
    4. d. IN THE EVENT A COURT SHOULD HOLD THAT THE LIMITATIONS OF LIABILITIES OR REMEDIES AVAILABLE AS SET FORTH IN THIS AGREEMENT, OR ANY PORTIONS THEREOF, ARE UNENFORCEABLE FOR ANY REASON, OR THAT ANY OF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE, YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL COMPANYS TOTAL LIABILITY TO YOU OR ANY PARTY CLAIMING BY, THROUGH OR UNDER YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, IN THE AGGREGATE, EXCEED THE LESSER OF (i) THE AMOUNT OF CHARGES PAID BY YOU FOR USE OF THE SERVICE (IF APPLICABLE) UNDER THESE TERMS OF USE DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM FIRST AROSE OR (ii) ONE HUNDRED U.S. DOLLARS (US$100).
    5. e. YOU AGREE THAT YOU WILL NOT BRING ANY ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SERVICE OR THESE TERMS OF USE MORE THAN NINETY (90) DAYS AFTER THE CAUSE OF ACTION HAS ARISEN. YOU ALSO AGREE THAT THIS LIMITATION SHALL APPLY TO ANY ACTIONS CONTEMPLATED BY ANY PARTY CLAIMING BY, THROUGH OR UNDER YOU.
    6. f. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 8 SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD COMPANY RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM COMPANY MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE). YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD COMPANY RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM COMPANY MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE).
  9. 9. Indemnification by User. You agree that you will indemnify and hold harmless Company and any of its underlying service providers, employees and agents and third party intellectual property holders from and against any and all claims, losses, damages, costs, and expenses, of any nature, including legal fees, arising from or relating to your use of the Service, or any act, error, or omission of you or any user of your account in connection therewith.
  10. 10. Third Party Rights. You understand and agree that the provisions of these Terms of Use are included for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, carriers and any third party information providers to the Service and third party intellectual property holders. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  11. 11. Use of Information. Company agrees to observe the provisions set forth in the Personal Information Protection and Electronic Documents Act, Canada ("PIPEDA") and any other relevant and applicable privacy legislation. Please refer to Section 13 below for a description of how Company may use your personal information. You agree that any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to Company will be treated as being non-confidential and non-proprietary. You consent to the Companys disclosure of such information to select third parties and that Company will be free to reproduce, use, and distribute the information to others without restriction. You consent to Companys discretion to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such information. Company may also use your status as a subscriber to the Service for the purpose of marketing to you other Company products and services and the products and services of third parties.
  12. 12. Miscellaneous. a. Company shall not be responsible for any delay in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any systems network or any other occurrence commonly known as a force majeure. b. Your right to use the Service is not transferable and is subject to any limits established by Company and by your credit card company if billing is through a credit card. c. These Terms of Use and the Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflicts of laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Service shall be filed only in the Superior Court of Ontario at the City of Toronto, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. d. Company may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of days that messages or other uploaded content will be retained by the Service, the maximum size of any message that may be sent or received and the maximum number of times that you may access the Service in a given period of time. Company reserves the right to log off accounts or cancel or suspend accounts that are inactive for an extended period of time and to change these general practices from time-to-time, in its sole discretion, with or without notice. e. These Terms of Use (including all exhibits hereto) and any modifications published by Company over the Service constitute the entire and only agreement between you and Company with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof. f. You are responsible for and must provide all equipment, software and services necessary to access the Service. g. You assume all risk and liability of your use of the Internet or other services or content accessible through Companys Service, including your continuous compliance with these Terms of Use. h. You agree that Company may assign its rights and duties under these Terms of Use to any party at any time with or without notice to you. i. You agree that Company may change your password and log in information to access the Service upon the provision to you of reasonable advance notice. j. You may provide Company notices relative to these Terms of Use by contacting Companys customer service representative at the following email address: legal@leaguegaming.com.
  13. 13. How We May Use Information that You Provide to Us. Company has created this privacy statement in order to demonstrate its firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website. a. Your IP Address. Company collects and uses your IP address to help diagnose problems with our server, to administer our Web site, to help identify you and to gather broad demographic information about the users of our Service. b. Cookies. A cookie is a text file that is placed on your hard disc by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Companys cookies are used to keep track of your shopping cart, deliver content specific to your interests, save your password so you don't have to re-enter it each time you visit the Company website and for other purposes designed to help you to personalize your online experience. c. Your Contact Information. Companys registration form requires you to provide contact information (like your name and other information) and financial information (IF APPLICABLE). Company uses this information from the registration form to send you information about Company and promotional material from some of Companys partners. Your contact information is also used to contact you when necessary and may be shared with other select companies who may contact you. d. Your Financial Information. Financial information that is collected is used solely to check your qualifications for registration and to bill you for products and services if applicable. e. You have a right to withdraw consent to Companys use of your information at any time. You may later opt out of receiving promotional materials from entities other than Company and its Service provider (except that such election will not prevent such other entities from sending you promotional materials if you have provided your information in connection with registering for, or purchasing, other services or products) by contacting Companys customer service representative at the following email address legal@leaguegaming.com. f. You have a right to request access to your information. Company may not be able to provide you with access to your personal information where the information cannot be separated from the records of others, cannot be disclosed for reasons of security or commercial confidentiality, or is protected by legal privilege. An administrative fee may be applicable for access requests. You may send your access request to Company by contacting Companys customer service representative at the following email address: legal@leaguegaming.com. g. Company will take reasonable steps to ensure that your personal information is accurate and current. You may change information previously provided to Company by contacting Companys customer service representative at the following email address: legal@leaguegaming.com.
  14. 14. By entering into this Agreement, you also agree that the terms of this Agreement shall apply to all LeagueGaming products and services you may choose to join and you also agree to those other products and services rules, regulations and terms of service that may be in place from time to time.
  15. 15. Questions or comments about this site and Companys policies should be addressed to the following email address legal@leaguegaming.com.
Exhibit A Acceptable Use Policies Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Company. Company cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, Company reserves the right to monitor content on the Service and to remove content which Company, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: 1. Unless you are participating in an area of the Service that requires or encourages anonymity, use your real name in online communications. 2. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic. 3. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. 4. You may not interfere with other users use of the Service. 5. You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features. 6. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Companys intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Company reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements that are deeply and widely offensive and/or harmful. 7. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any unsolicited advertising, promotional materials or any other solicitation of other users of the Service for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. 8. In newsgroups, bulletin boards or chat rooms, you may not post or list articles, which are off-topic according to the description of the group or list. 9. You may not use the facilities and capabilities of the Service to conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others. 10. Company reserves the right to terminate your Service with or without notice and without liability or penalty to itself in the event that Company determines that you have violated these Acceptable Use Policies or any other term of the Terms of Use.