Event Terms of Service

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1. AGREEMENT. This is the binding Terms of Service Agreement (the “Agreement”) between you,

the reader and user (“you”) and Level Up LLC (“us,” “we,” “our,” or the “Company”), for this website at

www.levelup-series.com (the “Site”). By using the Site, any of the services provided in connection with

the Site (the “Services”), or any tournament, contest, or other event run through or in connection with

the Company or the Site (the “Events”), you agree to abide by this Agreement. BY USING THE SITE,

SERVICES, OR EVENTS, YOU AGREE THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT

YOU ARE LEGALLY ABLE AND AUTHORIZED TO ENTER INTO THIS AGREEMENT.

2. AGE RESTRICTIONS. Since the Site, Services, and Events are intended only for a general audience

and aren’t for or directed at children under 13 years old, if you’re under 13 years old, you’re not allowed to

use or enter them (the “Age Restrictions”). If we find out or have reason to suspect that you’re under 13,

we will immediately delete your account on the Site, entrance into Events, and any personal information

on your account.

3. OTHER RESTRICTIONS. You’re only allowed to have one account active on the Site at any time

and you have to be a resident of or located in a jurisdiction where the Site and Services are legal and

unrestricted (the “Other Restrictions”). We reserve the right to close any account at any time for any

reason we want.

4. EVENTS. We run free Events, including competitions in games of skill in the form of online video

game tournaments, for anyone meeting the requirements below who wants to enter (the “Entrant” or

“Entrants”). Although all Events are free to enter, some may have non-financial rewards for Entrants who

win or do well (the “Prize” or “Prizes”).

4.1. EVENT REQUIREMENTS. Entrants have to meet the above Age Restrictions and Other

Restrictions as well as specific requirements to enter the Events themselves (the “Event Requirements”).

To meet the Event Requirements, you have to have an active account in good standing on the Site. You

have to live in the United States or Canada in a place where it’s legal to enter free, skilled video game

competitions such as our Events. That includes pretty much everywhere in both countries, but make sure

you understand your local, state, or provincial laws because you bear the liability for breaking them,

not us. You also need a minimum internet connection upload speed of 2mbps and you have to properly

forward your ports. Lastly, you have to meet whatever other game-specific technical requirements we

may announce on the Site before the Event you want to enter begins, and you have to be able to provide

us with proof that you meet do.

4.2. EVENT REGISTRATION. To enter an Event you meet all the Event Requirements for, just

follow the instructions we’ve posted on the Site. Be aware that we might update those instructions at any

time, so always check them again before entering an Event.

4.3. FORMAT. Information about any games played, game-specific rules, communication with

opponents and Event operators, and the operation and format of an Event will be posted on the Site or

elsewhere as by the Company before any Event starts. You might be required to self-report your wins and

losses. When doing so, be truthful and follow any instructions on the Site. If there’s ever a controversy

over who wins between two Entrants, it’s up to us and us alone to determine the winner. If an Event

is going to have Prizes, we’ll announce it in advance. Prizes after an Event may be made by whatever

method the Company announces before the Event starts.

4.4. DISQUALIFICATION. We may disqualify any Entrant who we find out doesn’t meet the

Event Requirements or who breaks any Event rules. We can also disqualify an Entrant who did anything

that we consider cheating, which includes but isn’t limited to lying about winning or losing, match

fixing, colluding, lag switching, using tool assisted mechanisms or commonly disallowed macros, or

doing anything else we judge to be cheating in our sole discretion. We reserve the right to disqualify any

Entrant whenever and for any reason before during, or even in retrospect after an Event. If an Entrant

is disqualified during an Event, the opponent that Entrant would’ve played next will be given a win and

move on. If an Entrant is disqualified in retrospect after an Event has finished and that Entrant would

have won a Prize if not for being disqualified, that Prize will be transferred to the Entrant who finishe

right below the disqualified Entrant. For example, if an Entrant finishes in first place but then gets

disqualified, any Prize for first place will be given instead to the second place Entrant, meaning any Prize

for second place will be given instead to third place, and so on.

4.5. LIMITATION OF LIABILITY. The outcome of each Event match depends totally on

each Entrant’s own strategic, technical, and technological choices. We don’t know anything about, don’t

comment on, and don’t many any representations about any how likely any particular Entrant is to win.

We also can’t make any representations about any Entrant’s internet connection or stability and can’t be

held liable for any internet connectivity or other problems.

5. USER CONTENT. You grant us a license to use anything you post to the Site or send to us on our

social media accounts in connection with the Services or Events. By posting, downloading, displaying,

performing, transmitting, or otherwise distributing information or other content (“User Content”) to

the Site or Service, you grant us and our affiliates, officers, directors, employees, consultants, agents,

and representatives a license to use your User Content in connection with our business operations and

affiliates, officers, directors, employees, consultants, agents, and representatives. We’ll have the rights

to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and

make commercial use of your User Content, as well as do anything else with it we like. You will not

be compensated for your User Content. You warrant and represent that you own the rights to this User

Content or are at least authorized to post, distribute, display, perform, transmit, or distribute it.

6. DESIGNATED AGENT. The Company’s designated agent is Alex Valle, who can be reached by

email at alex.valle@levelup-series.com, by phone at 714 373-1409, or by mail at 8892 Palos Verdes

Ave, Westminster, CA 92683.

7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, using

the Services, or engaging in Events, you agree to obey the law and respect the copyrights, trademarks,

patents, trade secrets, rights of publicity, and other intellectual property rights of others. Your use of the

Site and Services is governed by copyright, trademark, patent, trade secret, rights of publicity, and other

intellectual property ownership and use. You’ll be solely liable if your User Content breaks any laws or

infringes on any third party rights.

8. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding

allegations of copyright infringement occurring on the Site, with the Services, or in connection with the

Events. We’ve adopted a policy that provides for the immediate suspension and/or termination of any user

or aspect of the Site, Services, or Events, that’s found to have infringed on our rights or someone else’s,

or that’s otherwise broken any intellectual property laws or regulations. Our policy is to investigate any

allegations of copyright infringement brought to our attention.

8.1. PROCEDURE. If you have evidence of, know of, or have a good faith belief in the assertion

that your rights or the rights of someone else have been violated and you want us to delete, edit, or disable

the material in question, you’ll have to provide us with all of the following information:

(A) A physical or electronic signature of a person authorized to act on behalf of the owner of

the exclusive right allegedly infringed;

(B) Identification of the copyrighted work claimed to have been infringed, or, if multiple

copyrighted works are covered by a single notification, a representative list of such works;

(C) Identification of the material claimed to have been infringed or to be the subject of

infringing activity and that is to be deleted, edited, or disabled, and information reasonably sufficient to

permit Company to locate the material;

(D) Information reasonably sufficient to permit us to contact the person authorized to act on

behalf of the owner of the exclusive right allegedly infringed, such as address, telephone number, and

email address;

(E) A statement that you have a good faith belief that use of the material in the manner

complained of is unauthorized by the owner;

(F) A statement that the information in the notification is accurate and, under penalty of

perjury, that you are authorized to act n behalf of the owner of the exclusive right allegedly infringed.

8.2. DESIGNATED AGENT. To make this notification effective, you’ll have to send it to the

Company’s designated agent, as above.

9. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your

personal information.

9.1. TYPES OF INFORMATION COLLECTED.

(A) TRAFFIC DATA COLLECTED. When you visit the Site, we use cookies and

automatically track and collect your IP address, domain server, web browser and operating system

(collectively the “Traffic Data”). Traffic Data is anonymous information that does not personally identify

you but that is helpful to us in improving the Site, customizing content specific to your interests, storing

your password, and marketing.

(B) PERSONAL INFORMATION COLLECTED. We require you to create an account

including certain personally identifying information (the “Personal Information”). Personal Information

includes contact data, including your name, mailing address, and email address; financial data, including

your credit card number; and demographic data, including your zip code, age, and income. Any

information you place on the Site or communicate to us through email, chat messages, forums, surveys,

contest entries, and more may be collected as Personal Information. You may choose not to provide us

with Personal Information. In such case, you will still be able to access and use much of the site but will

be unable to use those parts of the Site that require Personal Information.

9.2. USES OF INFORMATION COLLECTED.

(A) COMPANY USE OF INFORMATION. We use Personal Information to send you

information about our products, services, and promotional materials; to contact you when necessary; to

verify your qualifications for certain products and services; to bill you for products and services; and

to customize and tailor your experience on the Site. Personal Information is stored on secure servers

not accessible by third parties. You may opt out of being sent additional Company information and

promotional materials.

(B) SHARING OF PERSONAL INFORMATION. We do not share Personal Information

anyone else unless doing so would be necessary to comply with a court order or legal process, protect our

rights or property, or enforce this Agreement.

(C) PUBLIC INFORMATION. We may make forums, message boards, news groups, or

chat rooms available to you. Please understand that any information, including personally identifying

information disclosed in these areas becomes public. We have no control over its use by other users or

third parties. Please exercise caution when disclosing any personally identifying information in these

areas.

9.3. UPDATING OR REMOVING INFORMATION. We maintain a procedure to help you keep

your Personal Information correct and up-to-date. This be done through your personal account profile or

by contacting our designated agent, as above. If you believe your credit card information, user name, or

password has been stolen, lost, or used without permission, you must promptly notify us by contacting

our designated agent, as above. We will then remove that information from your account and Personal

Information and update our records accordingly.

10. NO WARRANTIES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,

REGARDING THE SITE, SERVICES, AND EVENTS, INCLUDING BUT NOT LIMITED TO ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE MAKE

THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE

RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE

SITE, THE SERVICES, OR THE EVENTS. WE DO NOT WARRANT THAT THE SITE OR THE

SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR

THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. LIMITED LIABILITY. ANY LIABILITY TO YOU ON OUR PART IS LIMITED TO THE

MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL WE BE LIABLE FOR

DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL,

OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE

FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH

YOUR USE OF THE SITE, SERVICES, EVENTS, OR ANY OTHER MATERIALS PROVIDED TO

YOU BY COMPANY. This limitation will apply regardless of whether the damages arise out of breach

of contract, tort, or any other legal theory or form of action.

12. AFFILIATED SITES. We work with a number of partners and affiliates whose websites may

be linked with the Site. We have no control over the content, performance, terms of service, and

privacy policies of these partner and affiliate sites or of any other sites. We make no guarantees about

the accuracy, currency, content, or quality of the information provided by such sites and assume no

responsibility for unintended, objectionable, inaccurate, misleading, infringing, or unlawful content that

may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may

have access to content items including but not limited to websites that are owned by third parties. You

acknowledge and agree that we make no guarantees about and assume no responsibility for the accuracy,

currency, content, or quality of this third party content and that, unless expressly provided otherwise, this

Agreement will govern your use of any and all third party content.

13. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site, Services,

and Events. You are prohibited from violating or attempting to violate any security features of the Site or

Service, including without limitation by:

13.1. ACCESS. Accessing content or data not intended for you or logging into a server or account

that you are not authorized to access;

13.2. SECURITY. Attempting to probe, scan, or test the vulnerability of the Service, the Site,

or any associated system or network or to breach security or authentication measures without proper

authorization, understanding that any violation of system or network security may subject you to civil

and/or criminal liability;

13.3. INTERFERENCE. Interfering or attempting to interfere with service to any user, host, or

network, including without limitation by means of submitting a virus to the Site or Service, overloading,

“flooding,” “spamming,” “mail bombing,” or “crashing;”

13.4. PROMOTIONS Using the Site or Service to send unsolicited email, including without

limitation promotions or advertisements for products or services;

13.5. FORGERY. Forging any TCP/IP packet header or any part of the header information in any

email or in any posting using the Service;

13.6. SOURCE CODE. Attempting to modify, reverse-engineer, decompile, disassemble, or

otherwise reduce or attempt to reduce to a human-perceivable for any of the source code used by the

Company in providing the Site or Service.

14. INDEMNITY. You agree to indemnify, defend, and hold us and our affiliates, officers, directors,

employees, consultants, agents, and representatives harmless from any and all third party claims, losses,

liability, damages, and/or costs including reasonable attorney fees and costs arising from your access

to or use of the Site, your violation of this Agreement, or infringement by you or any other user of your

account of any intellectual property or other rights held by any person or entity. We will notify you

promptly of any such claim, loss, liability, or demand and may elect to provide you with reasonable

assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15. COPYRIGHT. All contents of the Site and Services are Copyright ©, 2014, Level Up LLC, 8892

Palos Verdes Ave., Westminster, CA 92683.

16. NO TRADEMARK LICENSE. Nothing contained in this Agreement or in the Site, Services, or

Events will be understood as granting you a license to use any of the trademarks, service marks, or logos

owned by us or anyone else.

17. AMENDMENTS TO THIS AGREEMENT. We might amend this Agreement from time to time, in

our sole discretion. We’ll post a notice on the Site any time this Agreement has been changed or otherwise

updated. It’s your responsibility to review this Agreement periodically or upon notice of changes made.

After amendments are made, your continued use of the Site, Services, or Events constitutes agreement

that you’ll abide by such amendments. If at any time you find this Agreement unacceptable, please

immediately leave the Site and cease all use of the Site, Services, and Events.

18. MISCELLANEOUS.

18.1. NOTICE. Notice under this Agreement may be given in person or sent by email or registered

mail to the contact information below. Notice will be considered delivered at the time of receipt if sent by

email, within three (3) days if sent by registered mail, and at the time of delivery if given in person.

18.2. HEADINGS. All headings in this Agreement are included solely for convenience and will

not affect the interpretation of any right, obligation, provision, or condition under this Agreement in any

way.

18.3. GOVERNING LAW. This Agreement will be governed by and construed under and in

accordance with the laws of the United States and of the State of California without regard to choice of

law provisions. The Parties irrevocably consent to the exclusive jurisdiction of the state or federal courts

in Los Angeles, California in all disputes arising out of or related to this Agreement.

19. SEVERABILITY AND ENTIRE AGREEMENT. If any obligation, provision, or condition under

this Agreement is found invalid, unlawful, or unenforceable, the Parties will try in good faith to create

amendments to preserve the Agreement’s intentions. If that fails, the invalid obligation, provision, or

condition will be severed. The rest of the Agreement will remain valid and enforceable to the fullest

extent of the law. This Agreement contains the entire agreement, superseding all previous oral or written

communications, representations, understandings, and agreements between the Parties with respect to the

subject matter of the Agreement.

About the Author

Alex Valle is a key figure in the fighting game community and has been a top player since 1995. With both player and community experience, he provides the cohesion element that is needed to bring existing communities together and form new ones.