Terms of Service

Terms of Service (Clickwrap) Agreement

THE TERMS OF THIS SERVICE AGREEMENT (“Agreement”) is made between Flank Gaming Network, LLC (“Company”) and any person (“User”) who completes the registration process to open and maintain an account with Company’s interactive online service (“Service”) . Company and User are collectively referred to as the “Parties”.

BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING, OR INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. IF THE USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, INSTALL, OR USE ANY PART OF THE SERVICE.

Service Terms and Limitation

  1. Description. The Service is proprietary to the Company and is protected by intellectual property laws and international intellectual property treaties. User’s access to the Service is licensed and cannot be sold. Subject to the timely payment of all Fees and the terms and limitations set forth in this Agreement, Company agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Service.
  2. Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation (i) equipment malfunction (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
  3. Equipment. User shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for User’s use of the Service, including, without limitation, telecommunication and internet access connections and links, web browsers, or other equipment, programs and service required to access and use the Service.

Limitations

  1. Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Service. User shall be solely responsible for any authorized or unauthorized access of User’s account by any person. User agrees to bear responsibility for the confidentiality of User’s password and all use or charges incurred from use of the Service with User’s password.
  2. Privacy. When reasonably practicable, Company will attempt to respect User’s Privacy. Company will not monitor, edit, or disclose any personal information about User, or User’s account, including contents, or User’s use of the Service, without User’s prior consent unless Company has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirement of any government authority (ii) protect or defend the rights or property of Company (iii) enforce this Agreement (iv) protect the interests of users of the Service other than User (v) operate or conduct maintenance and repair of Company’s services (including anti-cheat software) or equipment, including Service as authorized by law; (vi) preserve the integrity of a league or tournament through the use of anti-cheat software. User has no expectation of privacy with respect to the internet generally. User’s IP address is transmitted and recorded with each message User sends to the Service. Company does provide certain information in aggregate form collected from and relating to User or third persons such as advertisers and sponsors.

Fees

  1. Payment
        a.

    Flank Gaming Network webhosting and server hosting services.

      – User shall pay Company for the Service the subscription charge as elected by User and outlined in the invoice. The first payment is due and payable at the commencement of the Service and each successive payment is due and payable as outlined in the invoice. Company expressly reserves the right to change the Fees at any time, upon notice to the User.
        b.

    Flank Gaming Network.

      – There is no fee to create or maintain an account on the Flank Gaming Network platform. Users participating in League, Tournament, or Competition play shall pay Company a one-time enrollment fee, due and payable as outlined in the League enrollment form and participation agreement. Company, may at its discretion provide or make available through its sponsors cash or non-cash prizes. The rules governing prize edibility and participant terms and conditions are outlined in the participation agreement which is incorporated in its entirety by reference into this agreement.
  2. Collection. All Fees, Taxes and other charges shall be billed to User’s credit card or PayPal account at the current international conversion rate. User shall be responsible for and shall pay Company all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or hereinafter by any governmental entity. User shall pay Company promptly in the event of any refusal of User’s credit card issuer to pay any amount to Company for any reason. User agrees to pay interest at a rate of 1.5% per month on any outstanding balance, together with the costs of collection, including attorney’s fees and costs. In the event User fails to pay any amount in advance, Company may suspend to terminate this Agreement and User’s access to the Service.

User Representations

  1. User represents and warrants to Company that:
      (i) User is over the age of eighteen (18) and has the power to enter into and perform User’s obligations under this Agreement
      (ii) If the user is under the age of 18, the user’s parental guardians have the power to enter into and perform the obligations under this Agreement
      (iii) all information provided by User to Company is truthful, accurate and complete
      (iv) User is the authorized signatory of the credit or charge card provided to Company to pay the Fees
      (v) User shall comply with the terms and conditions of this Agreement, including without limitation, the provisions set forth in Section 5
      (vi) User has provided and will provide accurate and complete registration information, including, without limitation, User’s legal name, address, and telephone number.

Prohibited Uses

  1. User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to:
      (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial mail;
      (ii) disseminate or transmit material that to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
      (iii) disseminate, store or transmit files, graphics, software or other materials that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
      (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
      (v) export, re-export or permit downloading of any messages or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemption’s;
      (vi) interfere, disrupt, or attempt of gain unauthorized access to other accounts on the Service or any other computer network;
      (vii) disseminate, store or transmit viruses, torjan horses or any other malicious code or program;
      (viii) use of or attempted to use of any software, system, or process intended to circumvent, beat, or otherwise disable Company’s anti-cheat programing;
      (ix) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

Anti-cheat.

  1. Flank Gaming Network considers cheating, including the use of third party software, mods, or add-ons to be a violation of the terms of this Agreement. Use of “Unauthorized” third party software, mods, or add-ons that are strictly prohibited during league play that has the ability to:
      (i) enabls or facilitate cheating of any kind;
      (ii) allows users to modify or hack Flank Gaming Network’s user interface, environment, or experience in any way;
      (iii) intercept, mine or otherwise collect data from the Flank Gaming Network
  2. Flank Gaming Network reserves the right to use anti-cheat technologies and systems designed to identify and prevent cheating. The download and use of anti-cheat software employed by Flank Gaming Network may be required for participation in a league or tournament.
  3. Flank Gaming Network reserves the right to restrict or deny access to any competition it holds if the individual has been suspected of inappropriate activities, including removal or ban engagements on third-party services such as Steam, UPlay, or any other user interface that is needed to access to games being utilized.
  4. Cheating is considered to be a material violation of this Agreement, and User expressly understands and agrees that in event cheating is discovered User shall forfeit the right to any prizes, awards, or other material or non-material remuneration due to User under the condition of any tournament or league created or sponsored by Company and Company at its sole discretion may terminate User’s account and access to the Services described in this Agreement.

Termination

  1. This agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason upon thirty (30) days prior notice to Company. Company reserves the right in its sole discretion and without notice, at any time and for any reason, to
      (i) remove or disable access to all or a portion of the Service;
      (ii) suspend User’s access to or use of all or any portion of the Service;
      (iii) terminate this Agreement.

Disclaimer of Warranty

  1. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER’S OWN RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO ANY RESULT THAT MAY BE OBTAINED BY THE USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

Limitation of Liability

  1. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LAIBLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNATIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE INTERNET GENERALLY, INCLUDING WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSABILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6.

Indemnification

  1. User agrees to indemnify, hold harmless, and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, debt, demand, or liability including reasonable costs and attorney fees, asserted by any person, arising out of or relating to: (i) this Agreement (ii) User’s use of the Service, including any data or work transmitted or received by User; and (iii) any unacceptable use of the Service, including without limitation, any statement, data, or content made, transmitted or republished by User which is prohibited or unacceptable under Section 5.

Miscellaneous

  1. Independent Contractor. The parties and their respective personnel are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
  2. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to Company to User. User’s access to or use of the Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
  3. Governing Law. This Agreement shall be governed by the laws of the State of Illinois.
  4. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.