Terms & Conditions
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PLEASE READ THESE TERMS CAREFULLY
Welcome, and thank you ("user," "you," or "your") for your interest in August Interactive, Inc. ("August Interactive," "we," "our," or "us") and our Military Esports League ("MEL") websites, sign-up forms, and related early-access communications and experiences (collectively, the "Services"). These Terms & Conditions are a legally binding contract between you and August Interactive regarding your use of the Services.
BY CLICKING "SUBMIT," OR BY ENTERING YOUR EMAIL ADDRESS, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING AUGUST INTERACTIVE'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND AUGUST INTERACTIVE'S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY AUGUST INTERACTIVE AND BY YOU TO BE BOUND BY THESE TERMS.
Contact Us: For questions about these Terms, email contactinfo@militaryesportsleague.com. For privacy matters, email privacy@augustinteractive.gg.
1) Eligibility
The Services are open to service members, veterans, families, and supporters—subject to applicable event rules. You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant that: (a) you are of legal age to form a binding contract, or, if you are a Minor User (defined below), you have your Guardian’s permission to access or use the Services pursuant to Section 2, and your Guardian has read and agrees to these Terms on your behalf; (b) you have not been suspended or removed from the Services; and (c) your registration and use of the Services complies with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms.
2) Minor Users
Users under the age of 18 ("Minor Users") require a parent or legal guardian (a "Guardian") to allow them to use the Services and to agree to these Terms. By permitting a Minor User to use the Services, the Guardian of the Minor User becomes subject to these Terms, and any other applicable terms. It is the Guardian’s responsibility to monitor and manage the Minor User’s access to the Services.
IF YOU ARE A PARENT OR GUARDIAN AND YOU APPROVE OF YOUR MINOR USER’S USE OF THE SERVICES, YOU ASSUME FULL RESPONSIBILITY FOR THEM. BY DOING SO, YOU REPRESENT AND WARRANT THAT YOU ARE THEIR LEGAL GUARDIAN AND AGREE TO BE BOUND BY THESE TERMS ON THEIR BEHALF, INCLUDING ACCEPTING THESE TERMS ON THEIR BEHALF AND BEING HELD LIABLE FOR ALL OF THEIR ACTIVITY ON THE SERVICES.
3) Early Access Program & Communications
By submitting your email for early access, you consent to receive updates, announcements, and related communications about MEL. We may send you emails concerning our other products and services, as well as those of third parties. Your participation is voluntary and may be modified, suspended, or terminated at any time. You may unsubscribe from promotional emails at any time via the link in our emails or by contacting us at contactinfo@militaryesportsleague.com.
4) Accounts / Information You Provide
When you register for the Services, you may be required to provide information about yourself, such as your name and email address. Information you submit must be accurate and up to date. You are responsible for activity that occurs using your submitted contact details. We may decline, suspend, or terminate access for suspected misuse or violation of these Terms.
5) Acceptable Use
By using the Services, you agree you will not:
- Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
- Disrupt, interfere with, or degrade the operation or security of the Services.
- Attempt to gain unauthorized access to any systems, accounts, data, or networks.
- Harass, threaten, defame, or otherwise harm others, or engage in unlawful activity.
- Impersonate another person or misrepresent your affiliation.
- Scrape, crawl, or harvest data from the Services without our written permission.
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission.
- Attempt to do any of the acts described in this Section 5 or assist or permit any person in engaging in any of the acts described in this Section 5.
6) Events, Tournaments & Conduct
From time to time, MEL may host events, tournaments, or beta activities ("Events"). Your participation is subject to any posted event rules, eligibility requirements, fair-play policies, and code of conduct ("Event Rules"). Admin decisions are final. We may modify schedules, formats, and eligibility at our discretion. Prizes (if any) are subject to verification, taxes, and applicable laws. A separate ruleset may apply and is incorporated by reference.
7) Publicity Release
You hereby grant August Interactive an unrestricted, sublicensable, assignable, irrevocable, perpetual, worldwide, royalty-free license to use your photograph, video and/or audio recording, and/or digital image taken during Events, as well as your name, comments, interviews, testimonials, biographical information, likeness, and similar information (collectively, the "Likeness"). This license includes the right to reproduce, modify, create derivative works of, and otherwise use the Likeness in any format (the "Media Works") for advertising, marketing, future program development, and outreach purposes, including, but not limited to, print media, pamphlets, brochures, newsletters, webpages, social media platforms, and other media. You waive, release, and forever discharge August Interactive from any and all claims or liability arising from the Media Works, and waive any right to prior inspection or approval.
8) User Submissions / Feedback
If you choose to provide input and suggestions regarding existing functionalities, problems with, or proposed modifications or improvements to the Services ("Feedback"), then you grant August Interactive an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide.
9) Intellectual Property
The Services are owned and operated by August Interactive. All visual interfaces, compilation, information, content, logos, graphics, text, designs, computer code (including source code or object code), products, software, media, and all other elements of the Services provided by August Interactive ("Materials") are protected by intellectual property and other laws. Except as expressly authorized by August Interactive, you may not make use of the Materials. There are no implied licenses in these Terms and August Interactive reserves all rights not granted expressly in these Terms.
10) Third-Party Services
The Services may rely on or link to third-party providers (e.g., Google Cloud / Sheets, Apollo.io for email, Google Analytics, Google reCAPTCHA). Your use of such services is subject to their terms and privacy policies. We are not responsible for third-party content or practices. See our Privacy Policy for details.
11) Disclaimers
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. AUGUST INTERACTIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. AUGUST INTERACTIVE DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND AUGUST INTERACTIVE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
12) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AUGUST INTERACTIVE, MEL, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, PARTNERS, CONSULTANTS, AND AGENTS (TOGETHER, THE "AUGUST INTERACTIVE ENTITIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. TO THE EXTENT ANY LIABILITY EXISTS, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
13) Indemnification
To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify the August Interactive Entities from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Services; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; or (3) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
14) Suspension / Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or pose a risk to the Services or others.
15) Governing Law & Venue
These Terms are governed by the laws of the State of Washington, without regard to conflicts of law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington for any dispute arising from these Terms.
16) Changes to These Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, discontinue your use of the Services. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties.
17) General Terms
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and August Interactive regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time, nor will a waiver of any breach or default be a waiver of any subsequent breach or default. Section headers are for convenience only. The word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. We are under no obligation to provide support for the Services; if offered, such support will be subject to published policies.
