Terms and Conditions
I. Terms and Conditions
- Please read this agreement carefully.
- By applying to, registering for, and/or participating with Evasion and its associated events, programs and activities (collectively the “Events”), you acknowledge that you have read, understood, and accept, without qualification or limitation, to be bound by the terms contained in this agreement.
- If you, at any time do not agree with any of these terms contained in this agreement, you are prohibited from participating with Evasion.
- These Terms, and any dispute relating to these Terms or the Discord, Website and Events system, are governed by and must be interpreted in accordance with the laws of The United States of America. Each party submits to the exclusive jurisdiction of the Courts of South Carolina, in The United States of America, in relation to any dispute connected with these Terms or Evasion.
- If we need to contact you, we may do so via the email provided in your application/registration or by posting in the Evasion Discord or a Discord Direct Message. You agree that this satisfies all legal requirements in relation to written communications.
- For Evasion to waive a right under these Terms, the waiver must be explicitly stated and in writing.
- You shall provide true, accurate, current and complete information about yourself as requested in the event application forms.
- You must immediately notify us if you become aware of any disclosure or unauthorized use of your Tournament account/profile or password.
- You shall not post, upload, distribute, publish or otherwise transmit through Evasion any content or other items that:
- remove, circumvent, disable, damage or otherwise interfere with security-related features of Evasion or the game software involved, features that prevent or restrict use or copying of any content accessible through Evasion, or features that enforce limitations on the use of Evasion assets;
- contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, crawler or other automated means to access Evasion for any purpose or bypass any measures Evasion may use to prevent or restrict access to Evasion;
- contain or is an unsolicited offer, advertisement, proposal, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, including, without limitation, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Evasion or any part thereof;
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any such content, you hereby represent and warrant that you have all necessary rights to distribute and reproduce any such content;
- contain personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
- threatening, harassing or promoting racism, bigotry, hatred or physical harm of any kind against any group or individual;
- may constitute, encourage or provide instructions for a criminal offense, violate the rights of any party;
- may be unlawful, libelous, abusive, defamatory, obscene, profane, offensive, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, inflammatory, fraudulent or otherwise objectionable in any way or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Evasion, or perform any other similar fraudulent activity;
- attempt to indicate in any manner that you have a relationship with Evasion that does not actually exist or that Evasion has endorsed you or any products or services for any purpose.
- Evasion and its directors, officers, Battle Mods™, members, volunteers, participants, contractors, agents and representatives (collectively the “Organization”) are not responsible for any liabilities, personal injury, death, damage, expense, loss of income or loss of any kind suffered during, or as a result of, the Events, participating in the Events, use of equipment or systems, the acts of others, failures of software, or caused in any manner whatsoever, up to and including, intentional acts of the Organization.
- This includes but is not limited to: hardware, software, third party websites, Internet Service Providers, and other processes involved.
- Evasion Events are intended for users who are 18 years of age or older. Any registration by, use of, or access to the service by anyone under 18 years of age is prohibited and shall be considered suspended immediately upon discovery of such circumstances.
- Additionally, some of the content in Evasion Events may not be appropriate for individuals under 18 years of age.
- By using any of the services on the Organization’s Website, Discord and Events, you represent and warrant that you are 18 years of age or older and that you agree to and abide by all of these Terms and you will comply with the specific game related guidelines in the jurisdiction in which you reside.
- In order to register and participate in any Events with Evasion, an individual must:
- Be a natural person, Aged 18 years old or older
- At all times comply with these terms
- be a citizen or resident of a jurisdiction where skilled gaming is legal (as applicable from state to state within a given Territory);
- be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws
- Evasion reserves the right to have additional restrictions for any specific application or event.
- We may, at any time, require any participant to provide proof of Eligibility and Identity to participate in order for the user to continue to access Evasion, and each participant hereby acknowledges and accepts this condition of their participation as a measure to ensure the security of Evasion.
- Each participant may be required to provide proof of eligibility and/or identification prior to receiving a prize.
- If you participate in any event or game offered while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated and all winnings (if any) voided.
- Failure to provide evidence of your eligibility and/or identification satisfactorily to Evasion.
- in Evasion’s sole and absolute discretion, shall result in the suspension and/or termination of your account
- may result in forfeit of all prizes won.
V. Code of Conduct
- Evasion is a competitive gaming community as such all users are to adhere to a strict Code, you will find this policy at Code of Conduct.
- You consent to and grant all rights related to the recording, broadcasting, and/or other distribution of reproduction(s) of your voice, images, branding, likeness and performance as part of your participation as a guest on an audiovisual program produced by, Evasion GG LLC and to use this material to promote the Evasion through the media of newsletters, websites, videos, transmissions, broadcast and/or display form.
- You waive any claim to remuneration for use of audio/visual materials used for these purposes. You hereby waive the opportunity or right to inspect or approve the content of the Program. Your name and likeness may be used in advertising and promotional material for the Program, but not as an endorsement of any other product or service.
- You understand that you may withdraw such consent at any time by contacting Evasion. Evasion will advise the implications of such withdrawal.
We do not sell or distribute your personal information to any other third party.
VII. Intellectual Property
- The Evasion website, Discord server, and informational systems are owned and operated by Evasion. All content, trademarks and other proprietary materials and/or information on Evasion, including, without limitation, Evasion logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials are protected by copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
- We have a strict zero tolerance policy on cheating. Users who are caught cheating in any game on any platform are not permitted to compete on any Evasion.
- Refer to our Code of Conduct
IX. Evasion Online Events
- By Competing in a Evasion Online event you agree;
- to adhere to the Code of Conduct at all times
- to be ready for event check in times
- to publicly live stream and provide access to all video recordings direct from the platform of your Events (if applicable) to Evasion, Failure to provide access to the VOD recording may result in you being removed from the event system and any prize forfeited.
- that the Evasion Disputes Team will review any disputed matches and may overturn any matches as necessary. If your match is overturned due to what we have determined at our sole discretion is cheating, you and/or your team will be subject to disciplinary action outlined in Evasion’s Code of Conduct. You will also be ineligible to receive any prize.
- Events that have a prize will have the winnings split between all winning participants who performed.
- Evasion is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game.
- If there are significant internet issues, or game acess issues that affect multiple players and/or teams we reserve the right to cancel the event and/or reschedule the event;
- If Evasion or its underlying system suffers significant issues, the entire event may be canceled or rescheduled.
- All disputable issues that are known at the start of a match must be resolved before the match starts.
- These will need to be raised by written notice
- You have confirmed you are legally able to compete in our Events in your jurisdiction.
- All times are stipulated in UTC -5:00 New York, USA
- Efforts will be made to give times converted to additional time zones
- It is the participant’s responsibility to confirm the conversion from -5:00 UTC to their local time zone
- By joining an event you agree to the event rules posted on the events rules channel on the Evasion Discord as well as the Event overview page.
- Various Events are scheduled to be completed within 4 hours, however
- there is a possibility that some Events will run much longer;
- some tournaments are held over a period of days and weeks, this information will be provided during registration of the tournament
- Evasion reserves the right to cancel an event at any time.
- Only the Prizes as described shall be awarded and no substitutions and/or redemptions shall be made
- Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any Prize, are the sole responsibility of the Prize Winners.
- Evasion reserves the right, at any time and at our sole discretion, to change or modify these Terms and Conditions applicable to any participation with Evasion, or any part thereof, or to impose new terms.
- Unless stated otherwise, any change takes effect immediately, with or without notice to the participants.
- You are responsible for ensuring you are familiar with the latest terms.
- By continuing to use Evasion Servers, Discord & website, you agree to be bound by these changes.
- We may change, suspend, discontinue, modify or restrict access to, the Discord or Website without notice
XIII. Disclaimer of Warranty; Limitation of Liability
- To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss in connection with use of Evasion, any product and any information, content or materials contained therein is at your sole risk.
- Neither Evasion, Evasion’s affiliated companies, Evasion’s non-affiliated partners, nor any of their respective parent companies, affiliates, subsidiaries, officers, directors, employees, agents, third party content providers, sponsors or licensors (collectively the “Evasion parties”) warrant that Evasion, any product or any information, content or materials contained therein will be uninterrupted, timely, secure or error free;
- Evasion makes no warranty as to the results that may be obtained from use of any Evasion, product, information, content or materials contained, or as to the accuracy, reliability or content of any information, service, or merchandise provided or purchased through the Evasion.
- Any material downloaded or otherwise obtained by you through Evasion, or any product, is done at your own discretion and risk. You will be solely responsible for any damage or potential damage to your computer system and/or console or loss of data that results from the acquisition of any such material.
- Evasion is not responsible for the website or underlying system being unavailable (in whole or in part) or performing slowly
- Evasion is not responsible for any error in, or omission from, any information made available through the Website
- Evasion is not responsible for any exposure to viruses or other forms of interference which may damage your computer system or any other means of accessing the Evasion materials. or productes or any exposer to fraud when you access or use the website or underlying system. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the website or underlying system.
- The views, opinions or positions expressed by users and those providing comments are theirs alone, and do not necessarily reflect the views, opinion, or positions of Evasion or any employee thereof.
- Evasion reserves the right to delete, edit, or alter in any manner it sees fit, entries or comments that it, in its sole discretion, deems to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, or is otherwise unacceptable.
- You agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation in our Events.
- We make no representations or warranties, implicit or explicit, as to your legal right to participate in any online competition offered by Evasion, nor shall any person affiliated with or claiming affiliation with Evasion have authority to make any such representations or warranties.
- We make no representation or warranty that the website or underlying system is appropriate or available for use in all countries or that the content satisfies the laws of all countries.
- You are responsible for ensuring that your access to and use of the website or underlying system is not illegal or prohibited, and for your own compliance with applicable local laws.
- Any threat of legal action against Evasion may result in actions taken to preseve evidence for that legal action. This may include loss of access to any access or account you have related to the Evasion website or underlying system, suspension of the delivery of any prizes or merchandise from Evasion Events or the Evasion store, and other actions as determined by Evasion in its sole discretion to be necessary or recommended to prepare for impending legal action.
- We reserve the right to revoke or refuse service to anyone for any reason.
XIV. Termination and Suspension
- Upon Suspension
- This will be actioned on a case by case basis
- Refer to Code of Conduct
- Upon termination
- if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, terminate your access to Evasion or underlying system (or any part of them).
- you must immediately cease using Evasion and/or underlying system and must not attempt to gain further access.
- any attemptes to gain access when suspended or banned from the Evasion website, underlying systems, or Events may cause Evasion to initiate legal action.
Evasion Terms & Conditions v1.1
Last updated 18 May 2022
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