Matcherino.com Terms of Service
Last Revised: April 30, 2020
IMPORTANT NOTICE: THESE TERMS LIMIT OUR LIABILITY WITH RESPECT TO YOUR USE OF OUR SERVICES AND YOUR PARTICIPATION IN ANY EVENTS.
Overview of our Terms of Service:
- Who We Are.
- Our Terms of Service.
- Your Acceptance.
- Term; Termination.
- Your Use of the Services.
- Important Legal Terms Governing All Use of The Services
This is Matcherino’s Terms of Service Policy.
1. Who We Are.
Welcome to Matcherino! We are a platform for video gamers and publishers to promote their eSports events through our large and expanding eSports match and tournament crowdfunding and Prize Pool payout management service, which includes integrated event ticketing; player registration; and a rewards/e-commerce store.
1.2 The Services.
Matcherino’s websites and domains, including www.Matcherino.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), are offered, maintained and provided by Matcherino. We refer to all of these as our “Services.”
Through the Services, Matcherino provides a simple and quick means for registered users who are event organizers, planners and organizations (“Organizers”) to create event registration, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations), solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
1.4 Contracting Party.
The Services are being provided to you by, and you are entering into these Terms of Service with, Matcherino, Inc., a Delaware corporation, with its principal place of business at 875 124th Avenue NE, Suite 202 Bellevue, WA 98005, referred to as “Matcherino,” “us,” “we” or “our.”
2. Our Terms Of Service.
2.1 Terms of Service Agreement.
The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Service. In addition to the Sections below, these Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:
- For Organizers and anyone soliciting or conducting transactions on our Site, our Merchant Agreement available here;
- For Advertisers or anyone using our advertising and sponsorship tools, our Sponsorship Agreement available here;
- For Users creating a “Partner Page” on Matcherino’s website using our partner, our Partner Terms.
- Additional terms and conditions that are displayed along with additional Services that you may use or purchase from time to time.
3. Your Acceptance.
3.1 Binding Agreement.
You agree to these Terms of Service and you enter into a binding contract with Matcherino either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons, or if you are an unregistered Attendee, when you purchase a ticket to or register for an event (including free events) or purchase merchandise, a service or make a donation related to an event, in each case by clicking “Pay Now,” “Register Now,” “Buy Now” or similar buttons, or in accordance with Section 3.2 below. If you are not a registered user or an unregistered Attendee, you agree to these Terms of Service and you enter into a binding contract with Matcherino using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.
THESE TERMS OF SERVICE INCLUDE (A) AN ARBITRATION PROVISION FOR USERS LOCATED IN THE UNITED STATES; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST MATCHERINO FOR USERS LOCATED IN THE UNITED STATES; (C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF MATCHERINO; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF MATCHERINO; AND (E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST MATCHERINO ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.
Except to the extent set forth in Section 6.10 below, Matcherino reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the Matcherino website with a change to the “Updated” date at the top of these Terms of Service. In certain circumstances Matcherino may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written agreement, signed by you and an authorized officer of Matcherino.
We may translate these Terms of Service (or any of the agreements that make up these Terms of Service) into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.
4. Term; Termination.
These Terms of Service are effective upon your Acceptance as set forth under Section 3.1 above and continue in effect until terminated.
4.2 Termination by Matcherino.
Except to the extent we have agreed otherwise in a separate written agreement between you and an authorized officer of Matcherino, Matcherino may terminate your right to use the Services at any time for (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Matcherino to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Matcherino shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.
4.3 Termination by You.
Except to the extent you have agreed otherwise in a separate written agreement between you and an authorized officer of Matcherino, you may terminate your access to the Services and these Terms of Service by deleting your account. In the event there is a separate agreement between you and Matcherino governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.
4.4 Survival of Terms.
All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
5. Your Use Of The Services.
5.1 The Services.
Matcherino hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable (in accordance with Section 5.2 (“Matcherino’s Role”) of the Terms of Service), limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; and/or (b) if you are an Organizer or sponsor, creating event registration, speaker profile, organizer profile, ad campaign, fundraising and other webpages with respect to, and promoting, managing, tracking, and collecting sales or advertising proceeds for, an event, in each case (i) in compliance with these Terms of Service; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.
5.2. Matcherino’s Role.
5.2.1 Listing Service and Limited Agent.
Matcherino is not the organizer or owner of the events listed for sale or registration on the Services. Matcherino provides the Services, which allow Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event page. In the event that an Organizer has elected to use Matcherino’s Managed Payment Processing (as defined below), Matcherino also acts as the Organizer’s limited agent solely for the purpose of using its third party payment providers to collect payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Organizer. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
YOU UNDERSTAND THAT MATCHERINO IS NOT RESPONSIBLE FOR ANY ACTS, OMISSIONS, INJURIES, OR CLAIMS: (i) CAUSED BY THE ORGANIZER OR OTHER EVENT ATTENDEES OR THIRD PARTIES, OR (ii) THAT ARISE IN ANY OTHER MANNER FROM ANY EVENT THAT YOU ATTEND AS A RESULT OF USING OUR SERVICES. BY ATTENDING AN EVENT THROUGH OUR SERVICES, YOU UNDERSTAND THAT YOU MAY AND WILL BE EXPOSED TO A NUMBER OF RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL INJURY CAUSED BY ATTENDEES OR OTHER AUTHORIZED OR UNAUTHORIZED THIRD PARTIES. YOU UNDERSTAND THAT THESE RISKS ARE INHERENT TO SUCH ATTENDANCE AND YOU FURTHER UNDERSTAND AND AGREE THAT ANY RESPONSIBILITY FOR ANY CLAIMS OR INJURIES ARISING THEREIN ARE SOLELY THE RESPONSIBILITY OF THE EVENT’S RESPECTIVE ORGANIZER. IN ADDITION TO ANY CONDITIONS EXPRESSED ELSEWHERE IN THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE: (A) MATCHERINO HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED; (B) MATCHERINO HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING THOSE YOU INTERACT WITH AS A RESULT OF USING OUR SERVICES; (C) TO RELEASE MATCHERINO FROM ALL DAMAGES, COSTS AND EXPENSES OF EVERY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH ANY EVENT LISTED ON THE SERVICES; (D) ANY AND ALL POTENTIAL CLAIMS AGAINST MATCHERINO ARE FURTHER SUBJECT TO THE LIMITATIONS OF LIABILITY AND INDEMNIFICATION TERMS AS PROVIDED ELSEWHERE IN THESE TERMS OF SERVICE.
5.2.2 Managed Payment Processing.
Your use of Matcherino includes access to its proprietary payment platform (“Managed Payment Processing,” or “MPP”), which collects funds associated with an event using third-party payment services who serve as money transmitters and money services businesses (Money Transmitters and Money Service Businesses as defined under the U.S. Code of Regulations, Title 31, Chapter X, Part 1010, Subpart A, and as defined under FinCEN). We utilize these third-party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) within our MPP. In depositing and withdrawing funds from your Matcherino account, you appoint Matcherino as your limited payment collection agent for the sole purpose of processing event-related payments associated with the Services. The Matcherino MPP is not a Money Transmitter or Money Service Business, but merely provides access to such Payment Processing Partners within our integrated network.
We do not and will not provide banking, deposit taking, stored value, or any other financial services to you other than serving as a limited payment collection agent as set forth in this Agreement.
For convenience, we may display a balance of proceeds for your events in your account. However, that balance merely reflects the amount of event-related funds through our Payment Processing Partners, and represents only a general unsecured claim against us and not a store of value or a deposit/current account.
22.214.171.124 Payment Restrictions
As a condition to Matcherino enabling credit card payment processing services, you agree to provide Matcherino accurate and complete information about you and your business, and you authorize Matcherino to share any such information with the MPP, as well as transaction information related to your use of it. In all cases, standard credit card or other third party processing fees apply in addition to any service fees. We are not responsible for the performance of any payment service providers and the use of your account with such services.
Creating an account, listing an event and accessing the Services is free. We charge our fees only when you sell, buy, or donate funds through the Site. All descriptions of standard fees on the Services represent the standard fees that Matcherino charges to Organizers. These fees may vary based on individual agreements between Matcherino and certain Organizers. Organizers ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Matcherino to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Matcherino, but may in some cases include an element of profit and in some cases include an element of loss. Matcherino does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all transactions are between an Organizer and its respective Attendees, Matcherino asks that all Attendees contact the applicable Organizer of their event with any refund requests. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern. In the event that an Organizer has not responded to a refund request within two (2) business days or there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact Matcherino. Matcherino may, in its discretion, attempt to mediate such dispute, however, Matcherino will have no liability for (a) an Organizer’s failure to give refunds; (b) Matcherino’s failure to mediate a dispute; or (c) Matcherino’s decision if it does mediate the dispute.
5.2.5 Events and Ticketing
126.96.36.199 Rescheduling and Cancellations
Either Matcherino or an Organizer may elect, in their discretion, to cancel or reschedule an event. Organizers are responsible for informing ticket purchasers of any alterations to their events, including but not limited to rescheduling or cancellation. If you purchase tickets to an event that is rescheduled or cancelled, please contact the Organizer directly.
188.8.131.52 Ticketing Restrictions; Delivery; Resale
Matcherino may cancel any ticket order, either by our own choosing or at the request of an Organizer, for reasons including but not limited to:
(a) The ticket purchaser engaged in harassing, unlawful, or otherwise inappropriate conduct at prior Matcherino-affiliated events.
(b) The ticket purchaser is attempting to create a secondary ticketing market.
(c) The ticket purchaser resides in a jurisdiction in which purchase would be unlawful.
We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.
Matcherino distributes tickets through a simple process: ticket purchasers gain access to a code, which they then provide, in person, to event staff. Standard Mail or Will Call may be offered, although each Organizer will select delivery methods at their own discretion.
At present, Matcherino functionality does not support transfer or re-sale of tickets by users. Users can only access the codes associated with purchased passes through their account login. However, unless the organizer explicitly prohibits such conduct, users are fully permitted to re-sell or transfer tickets by vending or giving another person access to the pass code. You agree to abide by the Organizer’s ticket resale rules and restrictions, which may or may not be listed on the Matcherino event page. You may not resell any tickets than were bought with the help of a bot or any other automated software. You represent that you are aware of any restrictions on resale that may apply within the jurisdiction in which you elect to resell, and that you will comply with such restrictions.
184.108.40.206 License; Ejection and Cancellation; No Redemption Value
Organizers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Organizer rules.
Breach of terms or rules will terminate your license to attend the event without refund. A ticket code, and the associated physical ticket (should one exist), is a revocable license and admission may be refused upon refunding the ticket’s face amount.
220.127.116.11 Publicity, Recording, Transmission and Exhibition
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to Matcherino and the Organizer to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
Organizers consent to Matcherino’s and its service providers’ and business partners’ use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of their event and/or other Matcherino events and Matcherino generally, unless otherwise prohibited by law. Matcherino and its business partners reserve the right to make public statements about the event and Prize Pool Recipients and other event participants, on-air, on the Internet, or otherwise, prior to, during, or following the event. You agree that participation in and (where applicable) the winning of a Prize Pool or other Organizer prize in connection with an event constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain events may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
18.104.22.168 You Are Subject to Search
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation.
22.214.171.124 Certain Items May Be Prohibited By Venue or By Organizer
Be aware that under certain facility rules, certain items may not be brought into the premises, including without limitation: alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles, and containers.
If you are unsure whether a particular item may be prohibited at a particular event or by a particular venue, please reach out to the Organizer.
5.2.6 The Prize Pool
All competitors participating in an event with a crowdfunded prize (“Prize Pool”) can collect any prizes they have earned once they have registered as a User at Matcherino.com, and the Organizer has designated him/her a Prize Pool Recipient. It is the Organizer’s sole responsibility to set the rules for awarding Prize Pool proceeds and to designate the Prize Pool Recipients in order to release the Prize Pool funds to the winners, which should occur no later than thirty (30) days after the end of the event. If the disbursement has not occurred within thirty (30) days after the end of the event, Matcherino will work in good faith with all parties to resolve the issue.
In the event that the awarding of any prizes to Prize Pool Recipients is challenged by any legal authority, and to the extent that we may exercise any control over the prizes, we reserve the right in our sole discretion to determine whether or not, and to whom, to award such prizes. Matcherino may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the Prize Pool Recipient is required to represent and warrant that they are eligible to participate in an event, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance.
If a Prize Pool Recipient has not claimed his or her event winnings within ninety (90) days of disbursement Matcherino reserves the right to reissue the full amount of said event winnings to the Organizer, subject to payout and processing fees. Once funds have been reissued, Matcherino relinquishes all right to the event winnings, and Prize Pool Recipients must communicate any desire to recoup the winnings to the Organizer.
5.2.7 Online Events; Compliance with Local Laws
126.96.36.199. Valid Registration Information. You, as an Attendee, understand that you may be required by an Organizer or by Matcherino to provide information in order to compete in online events, including information regarding your location. As further described in Section 5.4.1, you represent and warrant to Matcherino and to the respective event Organizer that any such information you provide is true, accurate, current and complete.
188.8.131.52. Prohibited US States and Countries. As further described in Section 5.1, you are responsible for the lawful use of the Services under your jurisdiction’s applicable laws. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in online tournament events (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. You are not permitted to participate in such events in any state in which it violates that jurisdiction’s Gaming Laws, and if you are located in any prohibited jurisdiction then you may not participate in any such events, online or otherwise, that require entry fees. In the United States, prohibited jurisdictions, as of the “Updated” date above, include but are not limited to: Arizona, Colorado, Delaware, Louisiana, Montana, and Tennessee. In addition, the following states do not permit entry fees in certain circumstances, and you may not participate in competitions with entry fees unless you meet those applicable requirements and the Organizer expressly permits Attendee participation from that jurisdiction: Arkansas, California, Connecticut, Indiana, Iowa, Maine, Minnesota, North Dakota, and South Carolina. This is not intended to be an exhaustive list, and it is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a prohibited or regulated jurisdiction. We and our Organizer partners reserve the right (but have no obligation) to monitor the location from which you access Services and we and our Organizer partners may block access from any prohibited or regulated jurisdiction.
184.108.40.206. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to events may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND EVENTS THROUGH MATCHERINO ARE VOID WHERE PROHIBITED BY APPLICABLE LAWS. Your participation in events through Matcherino is at your own risk, and you agree not to hold us responsible or Organizers liable if Applicable Laws restrict or prohibit your access or participation.
220.127.116.11. LEGAL DISCLAIMERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY ONLINE EVENT OR COMPETITION OFFERED BY ORGANIZERS OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES. THE ABOVE DISCLAIMER IS IN ADDITION TO AND PURSUANT TO THOSE STATED IN SECTION 6.
5.3.1 Email Tools.
Matcherino may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:
(b) your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
(c) your use of the Email Tools will be solely to advertise, promote and/or manage a bona fide event that you have listed on the Services;
(d) your use of the Email Tools and the content of your emails complies with Section 5.6 (“Conduct”) of these Terms;
(e) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(f) you will identify the email message as an advertisement or commercial in nature;
(g) you will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that Matcherino includes on every email; and
(h) you will not email any person that you know or have reason to know has opted out of receiving emails from you.
If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails are found to cause disruption to the Services, Matcherino may, among other actions, limit or suspend your access to the Email Tools.
5.4 Account, Password And Security.
As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that Matcherino shall be the sole arbiter of such dispute in its discretion and that Matcherino’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify Matcherino of any unauthorized use of your password or account or any other breach of security.
5.4.3 Age Restrictions.
5.5.1 Site Content.
You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Matcherino in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Matcherino may own the Site Content or portions of the Site Content may be made available to Matcherino through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of Matcherino and is protected by copyright laws. Except as expressly authorized by Matcherino in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. You shall use the Site Content only for purposes that are permitted by these Terms of Services and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
5.5.2 Your Content.
5.5.3 Feedback & Revisions.
You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Matcherino by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Matcherino or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Matcherino. All Feedback and Revisions become the sole and exclusive property of Matcherino and Matcherino may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Matcherino any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Matcherino. At Matcherino’s request, you will execute any document, registration or filing required to give effect to these provisions.
5.6.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize except as explicitly authorized by these Terms;
(d) impersonate any person or entity, including, but not limited to, a Matcherino representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;
(i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms of Service;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) attempt to probe, scan or test the vulnerability of any Matcherino server or network or breach any security or authentication measures, unless you are an authorized contractor of Matcherino specifically engaged to provide such services;
(l) attempt to avoid or circumvent any technological measure implemented by Matcherino to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
(m) solicit any User to use a third party service that competes with Matcherino;
(n) advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
(o) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
(p) resell tickets or registrations where prohibited; order a number of tickets for an event that exceeds the stated limit for that event, reproduce or scan tickets in a format or medium different from that provided by the Site; decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site; use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
(q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
(r) collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Matcherino’s prior written consent;
(s) stalk or otherwise harass any person or entity;
(t) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(u) for your event’s images: include any visual element that could be interpreted to have been produced by Matcherino, including but not limited to banners, progress bars or funding stats; include any visual element that communicates endorsement by Matcherino; display any trademarks not owned by the Organizer or Matcherino in such a way as to: (i) create confusion about the source of the marks, (ii) imply endorsement of either Matcherino or the event in the absence of actual endorsement by the owner of the marks, or (iii) imply that the owner of the marks is in any way directly or indirectly involved with the event if the owner of the marks is not involved; or
(v) to collude or in any way facilitate or participate in collusion to fix the outcome of a competitive match or split match earnings. If Matcherino staff determines, after an appropriate investigation into the circumstances, that there is a reasonable likelihood that collusion between tournament participants has occurred, the colluding participants will be banned from Matcherino and we may deem any winnings forfeited and return them to individual donors.
5.6.2 Certain Remedial Rights.
You acknowledge that Matcherino does not pre-screen Your Content or the Content of any other User in connection with the Services, but that Matcherino and its designees shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms of Service. If we believe that Your Content could be changed so as to not violate the Terms of Service, we will attempt to send you notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, state, provincial, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that Matcherino may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service; and/or (d) protect the rights, property and/or personal safety of Matcherino, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
Matcherino may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].Matcherino.com) for a given event. All such sub-domains are the sole property of Matcherino and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Matcherino provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms of Service. If Matcherino terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
5.8 Additional Services.
Matcherino may, upon request, and for such fees as Matcherino may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site, including without limitation, marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms of Service. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of Matcherino, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.
5.9 Service Modifications.
We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to Matcherino as you use the Services, there would be no refund of fees already due following any such change to the Services.
5.10.1 Third Party Websites.
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Matcherino has no control over such websites and resources, you acknowledge and agree that Matcherino is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Matcherino partners or third party service providers.
5.10.2 Linked Accounts.
As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that Matcherino may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.
5.11 Privacy; Customer Information.
15.11.3 Payment Data.
Matcherino will not share with an Organizer any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organizer, so Attendees should enter such information only under “Payment” on the order payment page.
6. Important Legal Terms Governing All Use Of The Services
You agree to defend, indemnify and hold Matcherino, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, game publishers, brand partners, advertisers and sponsors, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms of Service, the Merchant Agreement and any other part of these Terms of Service; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Organizers, your events or the fact that Matcherino was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of Matcherino’s gross negligence or willful misconduct. Matcherino shall provide notice to you of any such Claim, provided that the failure or delay by Matcherino in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.
6.2 Disclaimer of Warranties.
MATCHERINO PROVIDES OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND WE TRY TO KEEP MATCHERINO UP, BUG-FREE AND SAFE. BUT THERE ARE CERTAIN THINGS THAT WE DON’T PROMISE ABOUT OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MATCHERINO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, MATCHERINO MAKES NO WARRANTY THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT MATCHERINO HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING ATTENDEES’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING ATTENDEES AND ORGANIZERS) TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR FULFILL ANY PROMISED SERVICES SUBJECT TO YOUR DONATION AND MATCHERINO IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND MATCHERINO HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6.3 Limitation of Liability.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Matcherino provides a marketplace in which Attendees and Organizers can transact. However, Matcherino could not function if it were held responsible for the actions or inactions of different Attendees, Organizers and/or third parties both on and off the Services. Therefore, as an inducement to Matcherino permitting you to access and use the Services, you hereby agree to release Matcherino, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
The trademarks, service marks and logos of Matcherino (the “Matcherino Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Matcherino. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with Matcherino Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Matcherino specific for each such use. The Trademarks may not be used to disparage Matcherino, any third party or Matcherino’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Matcherino approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Matcherino Trademark shall inure to Matcherino’s benefit.
6.6 Patents; Copyrights.
A number of issued patents and patents pending apply to the Services. The Content (as defined above) of the Services is also protected by copyrights owned by Matcherino and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
6.7 Notices; Claims of Copyright Infringment.
Notices to you may be sent via either email or regular mail to the address in Matcherino’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Matcherino or deliver any notice, you can do so as follows:
875 124th Avenue NE
Bellevue, WA 98005
Email: support at Matcherino.com
Attn: Legal Department
If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please a written notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You can leave a voicemail for our Copyright Agent at 234-567-9018, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above.
6.8 Entire Agreement.
These Terms of Service, including the Merchant Agreement and any other part of these Terms of Service, constitute the entire agreement between you and Matcherino and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Matcherino on the subject matter hereof, other than any written agreement between you and an authorized officer of Matcherino relating to a specified event or events.
6.9 Choice of Law.
Except as set forth in Section 6.10 below, these Terms of Service and the provision of the Services to you are governed by the laws of the state of Washington, U.S.A., without reference to principles of conflict of laws.
6.10 BINDING ARBITRATION.
ONLY FOR USERS LOCATED IN THE UNITED STATES:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OF SERVICE OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED ONCE THIS SECTION IS EFFECTIVE.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first at: support at matcherino.com. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, we each hereby agree to resolve any and all disputes or claims under these Terms of Service or with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief as a court. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court or agency, shall have the authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability of these Terms of Service. This arbitration provision shall survive termination of these Terms of Service. These Terms of Service evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 6.10 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 6.9 above.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms of Service and/or your use of the Services.
Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies), (ii) bring issues to the attention of federal, state or local agencies, and (iii) bring suit in court to seek a preliminary injunction or other interim relief pending the outcome of arbitration.
(e) No Class Actions.
YOU AND MATCHERINO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Matcherino must be addressed to the address in Section 6.7 above (“Notice Address”) and must be sent by certified mail. The Notice to you must be addressed to a mailing, home or payment address currently on record with Matcherino and must be sent by certified mail. If Matcherino has no records of such physical address, such notice may be delivered to your Matcherino account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Matcherino and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Matcherino may commence an arbitration proceeding.
(g) Arbitration Proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 6.10, and will be administered by the AAA and settled by a single arbitrator. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 6.10. Unless Matcherino and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(h) Costs of Arbitration; Legal Fees.
i. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Matcherino and the value of the relief sought is ten thousand dollars ($10,000) or less, then Matcherino will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then Matcherino will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Matcherino for all such cost and expenses that Matcherino paid and that you would have been obligated to pay under the AAA rules.
ii. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator shall award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Matcherino will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
(i) Future Changes.
Notwithstanding any provision in these Terms of Service to the contrary, you and Matcherino agree that if Matcherino makes any future change to this arbitration provision (other than a change to the Notice Address) Matcherino will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(j) Special Severability.
In the event that the provisions of Section 6.10(e) above are found to be invalid or unenforceable for any dispute or claim, then, notwithstanding Section 6.11, the entirety of this Section 6.10 shall be null and void with respect to such dispute or claim and Section 6.12 shall apply in lieu of this Section 6.10.
(k) Opt Out.
We believe that on a whole this agreement to arbitrate will benefit our Users. However, if you are an existing registered User and you do not wish to accept this agreement to arbitrate with respect to some or all of your accounts registered prior to December 31, 2017 you may opt-out by sending us a written notice to the Notice Address which (i) states you do not agree to this agreement to arbitrate, (ii) includes your name and all email addresses associated with the accounts you wish to opt-out, and (iii) is signed by the individual who owns the account, or in the event the account is held by an entity, an authorized signer for such entity (the “Opt-Out Notice”). The Opt-Out Notice must be received by February 28, 2018 in order to be effective; otherwise this agreement to arbitrate will be effective as of March 1, 2018. For new registered users and existing registered users who register new accounts following December 31, 2017 there is no option to opt-out and this provision will be effective as to such new accounts upon account creation. For unregistered Attendees and other Users, this provision will apply to all future activities on the Services after December 31, 2017. In the event that you opt-out of this agreement to arbitrate as set forth above, Section 6.12 shall apply.
6.11 Waiver; Invalid Provisions.
The failure or delay of Matcherino to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
6.12 Judicial Forum.
In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or for any other reason, then any dispute or claim not subject to arbitration shall be resolved exclusively by a federal court located in King County, WA, and to the extent there is no subject matter jurisdiction in such federal court, then a state court in King County, WA. Both you and Matcherino agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient.
Any Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms of Service by email to support at matcherino.com.
We may, without your consent or approval, freely assign these Terms of Service and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service, except to the extent expressly set forth in Section 5.2 (“Matcherino’s Role”) of the Terms of Service and the Merchant Agreement.
6.17 No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
6.18. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
6.19. Seizure Risk Warning
Events crowdfunded or organized through Matcherino may offer Users access to streams of video game play and other types of video content. Some individuals, upon exposure to particular visual images, lights, and patterns, may experience epileptic seizures. A number of video games and content, including those crowdfunded or organized through the Site, may feature such photosensitive elements. Even persons who have no history of prior seizures or epilepsy may experience epileptic episodes.
If you, or anyone in your family, have an epileptic condition, speak with a physician before watching any game or other video content crowdfunded or organized through Matcherino. Cease viewing IMMEDIATELY and consult a physician before resuming if you experience any of the following symptoms:
- blurred or irregular vision,
- eye or muscle twitches
- loss of awareness
- involuntary movement
6.20. Compliance With Law Enforcement
We may provide federal, state, or local law enforcement with information you provide to us related to your events and transactions to assist in any investigation or prosecution of you.
6.21. Legal Action
We may take legal action against you or related parties that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms.
If we determine that you have violated the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.