Terms of Service
The Service, Web site, featured herein are brought to you by FPS Elite Gamer. The following additional Terms of Service will apply to your use of the Service. Your continued use of the Service constitutes your binding acceptance of these Additional Terms of Service as well as your acceptance of FPS Elite Gamer’s Privacy Policy.
TERMS OF SERVICE
1. Some General Rules
a) We reserve the right to remove, at any time and without notice, any content from the Service
b) You must be at least 18 years old to register for the Service. We do not knowingly collect any information from any users under 18 years of age, and if it is found that an underage user has fraudulently registered, their account will immediately be terminated.
c) Cheating of any kind (including by exploiting any bug or error) is expressly prohibited, this includes exploiting any deficiency in our code or design, or in the code or design of any third party product or service used in connection with the Service, to gain an unfair advantage or to gain unearned or unauthorized privileges, access or abilities not clearly intended by the product's design. Communicating information about such activities to others will also be considered cheating.
d) We reserve the right to contact your ISP regarding any inappropriate activities by you on the Service.
e) Your subscription to the Service is intended for your individual and personal use only. You may not share, license, sub-license, sub-lease, parse, pass-on or in any other way attempt to share, extend or monetize your access to the Service.
f) We reserve the right to immediately terminate or suspend anyone who fails to abide by these Terms of Service.
2. Subscription Terms of Service
If you have subscribed to a paid service, then by so subscribing you are entering into a legal and binding agreement between yourself, as an end user (referred to herein as "you," "your," and/or "yourself") and FPS Elite Gamer (also referred to herein as "our," "us," and "we"). If you do not wish to be bound by these Terms of Service and/or the FPS Elite Gamer Privacy Policy, then you must discontinue your use of The Service.
3. Payment Obligation and Credit Card Authorization
When subscribing to a paid service, you must use a major credit card in order to register for The Service. You hereby authorize us to charge your credit card to pay for your initial Service subscription and for any automatic renewals. Until you cancel your subscription, we will renew it automatically, and we will charge your credit card each year for the price of a then-current annual subscription.
All sales are final. You may cancel the renewal of your subscription not less than ten (10) days prior to its renewal date by emailing your request for cancellation to cont...@fpselitegamer.com. Once subscription fees have been charged to your credit card, they are nonrefundable. Only in cases of demonstrated fraud will subscription payments be refunded.
You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will also be responsible for charges for any products or services that you purchase that are offered for sale through The Service. In addition, you are also responsible for paying any amounts billed to your credit card by someone who uses your card without your permission, even if your credit card company does not cover such costs.
If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your credit card issuer agreement governs your use of your designated credit card in connection with The Service, and you must refer to that agreement and not these Terms of Service to determine your rights and liabilities as a cardholder.
4. Protection of Your Password; Unauthorized Access
Users are solely responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site. Accessing or attempting to access any user account not belonging to you without permission is prohibited. Accessing another user's account in this manner is grounds for a permanent ban of all accounts from the site.
5. Registration Requirements
In order to participate as a member of the site you must register using a valid e-mail address and follow all required registration confirmation procedures.
6. Multiple Accounts
It is acceptable for users to maintain only one account multiple accounts. If a user is found to have multiple accounts their membership will be terminated without refund. Additionally, if the Terms of Service or Tournament rules are violated severely enough to warrant the termination of one account, the account held by that user and/or all accounts using the same computer(s) may also be banned at the administrators' discretion.
7. Contacting You
We may contact you via e-mail or postal mail to provide you with information about the Service or your account or to provide you with information about special offers available only to Service subscribers.
8. No Warranty; Limitation of Liability
The Service, any software we may provide for the purpose of interacting with the service (the "Software") and all related documentation are being provided to you "as is" and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the Software or on Service will meet your requirements. We do not warrant that the Service or the Software will be uninterrupted, error free or free of viruses or other harmful components. We are not responsible for content written by our users. No oral or written information or advice given by us or any of our authorized representatives shall create a warranty or in any way increase the scope of this warranty. The above exclusions will not apply in any jurisdiction that does not allow the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL FPS ELITE GAMER OR ANY PARTNER OF OURS THAT MAY BE INVOLVED IN THE DISTRIBUTION OR PROVISION OF THE SOFTWARE OR THE SERVICE, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE ABOVE EXCLUSIONS WILL NOT APPLY IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
9. Indemnification: You agree to defend, indemnify and hold harmless FPS Elite Gamer and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the Site, including the posting of any content on this Site by you; and (iii) a violation by you of any applicable law.
10. Miscellaneous: This Agreement (which hereby incorporates by reference any other provisions applicable to use of FPS Elite Gamer, including, but not limited to, any supplemental terms governing the use of certain specific material contained in FPS Elite Gamer and any operating rules for FPS Elite Gamer established by FPS Elite Gamer constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import
11. DMCA Notice: FPS Elite Gamer owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others.
Questions: Should you have any questions regarding these Terms of Service you may contact contact@fpselitegamer.com
