Welcome, and thank you for your interest in Ekasi Esports. This page explains the terms and conditions by which you may use our website, https://www.ekasiesports.africa (our “Website”) and our related software and online and/or mobile services provided on or in connection with our Website (collectively with the Website, the “Service”). These Terms of Service (this “Agreement”) apply to all visitors, users, and others who access or use the Service (“Users”).
You acknowledge and agree, as provided in greater detail in this Agreement, that:
- The Service is provided “As Is,” “As Available,” and “Where Available” and without warranties of any kind and Ekasi Esports liability to you is limited;
- Ekasi Esports reserves the right to modify this Agreement in its sole discretion and will provide notice of these changes as described below;
1. The Ekasi Esports Service
As part of the Service, Ekasi Esports provides a platform that allows Users to participate in electronic sports (“esports”) leagues and tournaments.
2. Use of the Ekasi Esports Service
The Service allows Users to register for Ekasi Esports Accounts (as defined below) to participate in Ekasi Esports leagues and tournaments. You must be at least 13 years of age to create an account and use the Service, and you must use the Service only in compliance with this Agreement and all applicable national, regional, and international laws, rules and regulations. Any use of or access to the Service by anyone under thirteen (13) years of age is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Ekasi Esports.
2.2 Use by Minors.
If you are a User over thirteen (13) years of age, but under eighteen (18) years of age (a “Minor”), you may only use or access the Service with the consent of, and under the supervision of, an individual who has the capacity to form a binding contract and who has parental responsibility over you, whether as a parent, guardian or otherwise (a “Parent”). If you are a Parent, you represent and warrant, by you or your Minor downloading, accessing, or otherwise using the Service, that you: (i) have read and agree to the terms and conditions of this Agreement on your and your Minor’s behalf; and (ii) that you give your consent to your Minor’s use of the Service. Any access or use of the Service by a Minor without the consent and supervision of their Parent is strictly prohibited and in violation of this agreement. If you are a Minor opening an Ekasi Esports account (as defined below), then “you” as used herein (unless context requires otherwise) includes both you and your Parent.
2.3 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable use of the Service for your personal, noncommercial use only and as permitted by this Agreement and the features of the Service. Ekasi Esports reserves all rights not expressly granted herein in the Service and the Ekasi Esports Content (as defined below). Ekasi Esports may terminate this agreement at any time for any reason or no reason.
2.4 Changes to the Service
We may, without prior notice and without liability to you: (i) change the Service; (ii) stop providing the Service or features of the Service, to you or to Users generally; or (iii) create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any or no reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2.5 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Ekasi Esports shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2.6 Service Location
The Service is controlled and operated from facilities in the Republic of South Africa. Ekasi Esports makes no representations that the Service is appropriate or available for use in other locations.
3. Ekasi Esports Accounts
3.1 Account Registration.
To access and use the Service and participate in the Ekasi Esports Leagues and Tournaments, you must register for an account on the Service (“Ekasi Esports Account”). When creating your Ekasi Esports Account, you must provide accurate and complete information, and you must keep this information up to date – any failure to do so may result in the termination of your Ekasi Esports Account. To the extent permissible by applicable law, Ekasi Esports reserves the right to accept or deny any Users’ registration for an Ekasi Esports Account for any or no reason.
3.2 Ekasi Esports Account Responsibility and Controls.
You may never use another User’s Ekasi Esports Account without permission. You are solely responsible for the activity that occurs on your Ekasi Esports Account, and you must keep your Ekasi Esports Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Ekasi Esports Account. You must notify Ekasi Esports immediately of any breach of security or unauthorized use of your Ekasi Esports Account. Ekasi Esports will not be liable for any losses caused by any unauthorized use of your Ekasi Esports Account.
By providing Ekasi Esports your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages or want to otherwise amend or control your Ekasi Esports Account, you may email us at email@example.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers
By connecting to Ekasi Esports with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
4.2 Ekasi Esports Service Rules.
Any Users participating in the Ekasi Esports tournaments and Leagues must adhere to the rules of the applicable league or tournament and may be changed by Ekasi Esports at any time and for any or no reason.
4.1 Ekasi Esports Scholastic Leagues Rules.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Ekasi Esports servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Ekasi Esports grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Additionally, accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Ekasi Esports Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
5. User Content
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Ekasi Esports has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Ekasi Esports a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Ekasi Esports’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
- Your User Content and Ekasi Esports’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Ekasi Esports may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Ekasi Esports takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Ekasi Esports shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Ekasi Esports Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Ekasi Esports and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Ekasi Esports Content. Use of the Ekasi Esports Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ekasi Esports under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Ekasi Esports does not waive any rights to use similar or related ideas previously known to Ekasi Esports, or developed by its employees, or obtained from sources other than you.
The Service contains data, information, and other content not owned by you, such as reputational or status indicators in-world currency, and/or fictional property representing virtual achievements (for instance, trophies or powers) (“Ekasi Esports Property”). You understand and agree that regardless of terminology used, Ekasi Esports Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Ekasi Esports’s sole discretion. Ekasi Esports Property is not redeemable for any sum of money or monetary value from Ekasi Esports at any time. You acknowledge that you do not own the Ekasi Esports Account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Ekasi Esports on Ekasi Esports servers, including without limitation any data representing or embodying any or all of your Ekasi Esports Property. You agree that Ekasi Esports has the absolute right to manage, regulate, control, modify and/or eliminate Ekasi Esports Property as it sees fit in its sole discretion, in any general or specific case, and that Ekasi Esports will have no liability to you based on its exercise of such right. All data on Ekasi Esports’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, Ekasi Esports Account history and Ekasi Esports Account content residing on Ekasi Esports’s servers, may be deleted, altered, moved or transferred at any time for any reason in Ekasi Esports’s sole discretion, with or without notice and with no liability of any kind. Ekasi Esports does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Ekasi Esports’s servers.
7. Paid Services
By using the Service, you agree to the pricing term at https://www.ekasiesports.africa as we may update them from time to time. In order to participate in Ekasi Esports League and tournaments, you must have internet access and provide us with accurate, complete, valid and current payment information (and update that information from time to time as needed to keep it current). Fees are due and payable on a per-season basis and become due when you sign up for a season of play in an Ekasi Esports League. Users may be required to provide a credit card, debit card, or other similar payment method (“Payment Method”) in order to create a Ekasi Esports Account and use the Service. We will automatically charge your Payment Method for fees when due, and you hereby authorize Ekasi Esports to bill such fees and applicable taxes to your Payment Method. If there is no Payment Method associated with your Ekasi Esports Account, we will send you an invoice for the fees due, which you must pay within thirty (30) days of your receipt. You acknowledge that the amount billed may vary due to promotional offers and changes in applicable taxes, and you authorize us to charge your Payment Method or invoice you for the corresponding amounts.
You may cancel your Ekasi Esports Account, or your participation in a particular Ekasi Esports League season, at any time; however, after the season begins pro-rata refunds or credits are discretionary as determined by us in our sole discretion. To cancel, email us at firstname.lastname@example.org . If we suspend or terminate your Ekasi Esports Account for your breach of this Agreement, even if that termination or suspension occurs before the relevant season has begun, you understand and agree that you will not receive a refund for any portion of the Service.
Ekasi Esports uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. Third-Party Materials and Services
You agree to defend, indemnify and hold harmless Ekasi Esports and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your Ekasi Esports Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
12. No Warranty
The Service is provided on an “as is,” “as available,” and “Where Available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Ekasi Esports or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Ekasi Esports, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
13. Special Disclaimer for Third Party Service Providers
Although Ekasi Esports operates the Service and the platform that allows Users to participate in esports competition, no gameplay for the esports competition and no broadcasting of the gameplay takes place on the Service. Instead, all gameplay and broadcasting occurs on services offered by our third-party partners and service providers, including without limitation the videogame publishers and broadcasting platforms that we have partnered with to allow you to compete and stream your gameplay. Accordingly, Ekasi Esports does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service (including without limitation any of the games or broadcasting services), and Ekasi Esports will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
14. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Ekasi Esports, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Ekasi Esports be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your Ekasi Esports account or the information contained therein.
To the maximum extent permitted by applicable law, Ekasi Esports assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Ekasi Esports, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Ekasi Esports hereunder or ZAR1000.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Ekasi Esports has been advised of the possibility of such damage.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Ekasi Esports. For any dispute with Ekasi Esports, you agree to first contact us at support@Ekasi Esports.com and attempt to resolve the dispute with us informally. In the unlikely event that Ekasi Esports has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ekasi Esports without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16.2 Notification Procedures and Changes to the Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ekasi Esports without restriction. Any aEkasi Esports may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by Ekasi Esports in our sole discretion. Ekasi Esports reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Ekasi Esports is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Ekasi Esports may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
16.3 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ekasi Esports’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
16.4 Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Ekasi Esports in connection with the Service, shall constitute the entire agreement between you and Ekasi Esports concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the lawsuit, the entire arbitration agreement shall be unenforceable.
Please contact us at email@example.com with any questions regarding this Agreement.