Terms of Service for ELITE Gaming Discord Bot

TERMS OF SERVICE

ABOUT ELITE GAMING

This Service (the “Service”) is provided by:

ELITE GAMING

ELITE Gaming,

2 S Clinton St,

Syracuse, NY 13202

Bot Owner contact email: tom@elitegaming.gg

 

These Terms of Service (“Terms”) govern your access to and use of our Discord bot and any associated websites or platforms through which ELITE GAMING makes its Service available (collectively, “the Service”).

WHAT THE USER SHOULD KNOW AT A GLANCE

  1. Age Requirement: Usage of this Service is age-restricted. You must be at least 13 years of age to use this Service. If you are under 18 (or under the legal age of majority in your jurisdiction), a parent or guardian must review these Terms and agree on your behalf.
  2. Updates to Terms: We may update these Terms at any time, with or without notice. Your continued use of the Service after any updates indicates your acceptance of the revised Terms.

INTRODUCTION

These Terms, which include and incorporate our Privacy Policy (if any) and any Cancellation or Refund policies (if any), form a legal agreement between ELITE GAMING (“we,” “us,” or “our”) and you (“you” or “your”).

By accessing or using the Service (including via any Discord application or other platform integration), you acknowledge that:

  • You are 13 years of age or older;
  • If you have reached the age of majority in your jurisdiction, you have read, understood, and agree to be bound by these Terms;
  • If you are between 13 and the age of majority, your legal guardian has reviewed, supervised, and agrees to these Terms.

If you do not agree with these Terms, you may not use the Service.

RIGHTS TO USE THE SERVICE

  1. License Grant: Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service solely for your personal, non-commercial use.
  2. License Restrictions: You agree not to:
    • Use the Service in any way not expressly permitted by these Terms.
    • Copy, adapt, modify, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Service or its content without our prior written permission.
    • Circumvent, disable, or otherwise interfere with security-related features of the Service.
  3. Service Modifications: We reserve the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice.

USER CONDUCT

You agree to use the Service in compliance with all applicable laws, rules, and regulations. You further agree not to harass, threaten, or otherwise harm any other user or interfere with the Service’s operation, including by sending spam or distributing malicious code.

INDEMNITY

You agree to indemnify and hold harmless ELITE GAMING, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your infringement of any third-party right (including intellectual property or privacy rights).

If you participate in any tournaments or activities announced through our Service, you agree to indemnify, release, and hold harmless ELITE GAMING and its affiliates from any claims or damages arising out of your participation, including but not limited to claims based on personal injury or property damage, unless prohibited by applicable law.

THIRD-PARTY SERVICES

The Service may integrate or link to third-party websites, applications, or services. Such integration or links do not imply endorsement or responsibility for the third-party content or practices. Your interactions with such third-party platforms are solely between you and the third party and are subject to their terms.

TERMINATION AND EFFECT OF TERMINATION

We reserve the right, at our discretion, to terminate or suspend your access to the Service at any time for violation of these Terms or for any other reason. Upon termination, your license to use the Service will immediately cease. Provisions in these Terms relating to intellectual property, indemnification, disclaimers of warranty, and limitations of liability shall survive any termination.

DISCLAIMER OF WARRANTIES

  1. AS IS; AS AVAILABLE: The Service is provided on an “AS IS” and “AS AVAILABLE” basis, with all faults and without warranties of any kind, either express or implied.
  2. NO GUARANTEES: We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the Service or any communications sent by the Service.
  3. LAWFUL USE: We do not warrant that your use of the Service is lawful in any particular jurisdiction. You agree to use the Service at your own risk.

LIMITATION OF LIABILITY

  1. NO CONSEQUENTIAL DAMAGES: Under no circumstances shall ELITE GAMING or its affiliated entities be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Service, even if advised of the possibility of such damages.
  2. LIMIT ON DAMAGES: In no event shall the total liability of ELITE GAMING exceed one hundred dollars ($100).
  3. USER’S RISK: You acknowledge that your use of the Service (including participation in any tournaments mentioned through the Service) is entirely at your own risk.

INTELLECTUAL PROPERTY RIGHTS

  1. Ownership: The content, trademarks, logos, and other intellectual property featured in the Service are owned by or licensed to ELITE GAMING and are protected by applicable laws.
  2. User Submissions: If you submit content through the Service (e.g., text, images, feedback), you grant ELITE GAMING a non-exclusive, worldwide, royalty-free license to use, distribute, display, reproduce, and create derivative works of your content in connection with the Service.
  3. Restrictions: You may not remove or alter any copyright, trademark, or other proprietary notices from materials received through the Service.

ARBITRATION, CONSENT TO JURISDICTION IN NEW YORK, ATTORNEY’S FEES

  1. Arbitration: Any disputes, claims, or controversies arising out of or relating to these Terms or use of the Service (collectively “Claims”) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its rules. Arbitration shall take place in Onondaga, New York.
  2. No Class Actions: All Claims shall be arbitrated on an individual basis, and shall not be consolidated with any claim of any other party.
  3. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
  4. Attorney’s Fees: In any action to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

MISCELLANEOUS

  1. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  2. No Waiver: The failure of ELITE GAMING to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  3. No Partnership: Nothing in these Terms shall be deemed to create any partnership, agency, or joint venture between you and ELITE GAMING.
  4. Entire Agreement: These Terms constitute the entire agreement between you and ELITE GAMING regarding the Service and supersede any prior agreements or understandings.

RESERVATION OF RIGHTS

All rights not expressly granted in these Terms are reserved by ELITE GAMING. We reserve the right to amend these Terms at any time without notice. It is your responsibility to review these Terms for any changes. If you continue using the Service after changes are posted, you accept the revised Terms.

Last Updated: 6 February 2025