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 email@example.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
(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.
9.1. TYPES OF INFORMATION COLLECTED.
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
(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
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.
18.1. 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
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.