Terms of Service
SECTION ONE: GENERAL INFORMATION; ACCEPTANCE OF TERMS
Welcome to elitebattlezone.com. We are glad you have decided to join our community and look forward to your involvement with the elitebattlezone.com Website(the "Website"), and the Tournaments we offer. Before you begin delving into the vast services and content available on our Website, please take a moment to review these Terms Of Service, which represent an agreement between you and Elite Battle Zone™ LLC, ("Elite Battle Zone™ LLC," and also referred to as "we"), owner of the Website. It is important that you understand both the benefits we provide as well as the rules which apply to your use of the Website. Our goal is to make the Website a friendly and fair place for all of our prize-seeking users.
If any practice covered by these Terms of Service is prohibited by the law of any jurisdiction, it is automatically void and unenforceable.
SECTION TWO: ELIGIBILITY TO PARTICIPATE
2.1 Minimum Requirements. To open an account and/or participate in any Tournament offered on the Website, or to participate in any other offering on the Website, including, without limitation, any current or future Website features allowing users to communicate directly or through postings with each other (collectively, the "Elite Battle Zone™ LLC, Community Features") you must:
be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
be a United States citizen or resident alien with a United States physical address;
be a Canadian citizen and physically located within the Canadian Provinces;
be physically located within the United States.; and
be physically located in a state in which participation in the tournaments offered on the Website is unrestricted by law.
Note: We may require anyone who is eligible to receive a tournament prize to provide the Website with proof that s/he was eligible to participate in the tournament according to the terms of this Section 2. This proof can include a requirement to provide photographs and/or copies of a valid government-issued ID. Identity Verification Form will be used on all promotional contest giveaways and all tournament winning participants that are to receive a prize package.
2.2 Restrictions on Eligibility Based on Law. The laws and regulations governing sweepstakes, contests, and tournaments with entry fees and/or cash prizes are established by each individual state, not by the federal government. It is Elite Battle Zone™ LLC,'s understanding and belief that the Website CANNOT offer fee-based tournaments with cash prizes to residents of the following states: Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland and Tennessee. However, it is your responsibility to check the laws in your state to determine if you can participate in a tournament on the Website. If you are physically located in a state which prohibits your participation in fee-based tournaments with cash prizes, then you are NOT eligible to participate in the tournaments offered by this Website.
2.3 Additional Restrictions on Eligibility. The following persons are ineligible to receive any prize offered on the Website: (a) owners and officers of Elite Battle Zone™ LLC,, (b) the foregoing persons' respective immediate family members, and (c) and any other person with access to non-public information regarding the operation of any tournament offered on the Website. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with an officer, or director of Elite Battle Zone™ LLC,.
2.4 Monitoring Location. Elite Battle Zone™ LLC, reserves the right to monitor the location from which you access the Website and to block access from any computer which Elite Battle Zone™ LLC, determines, in its judgment, is located (a) outside of the United States, or (b) in a jurisdiction where participation in one or more Website activities is prohibited or restricted.
2.5 Disclaimers of Liability Regarding Your Ability to Participate. Elite Battle Zone™ LLC, makes no representations or warranties, express or implied, that you have the legal right to participate in any tournament offered on the Website, nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties.
You agree that neither Elite Battle Zone™ LLC, nor its affiliates will be liable to you or any third party for any damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise, if (a) laws applicable to you restrict or prohibit your participation in Website activities, including tournaments, or (b) Elite Battle Zone™ LLC, blocks your access to the Website or your participation in any Website activity, including any tournament, based on its determination that you are located in a jurisdiction outside of the United States or which prohibits your participation, even if such determination by Elite Battle Zone™ LLC, was inaccurate, negligent, willful or malicious. However, Elite Battle Zone™ LLC,'s ability to block your access to the Website does not mean and should not be construed to mean that Elite Battle Zone™ LLC, is responsible for your lawful use of the Website; it is your responsibility to make sure that your use of the Website is not prohibited by any applicable law or regulation.
2.6 Denial of Website Access. Without limiting the foregoing, you understand and agree that Elite Battle Zone™ LLC, reserves the right to, in its sole discretion, deny access to the Website or any Website activity to any person or entity and that Elite Battle Zone™ LLC, shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision it might make to deny you access to the Website or any Website activity.
SECTION THREE: TAXES ON PARTICIPATION AND PRIZES
United States Internal Revenue Service ("IRS") regulations require Elite Battle Zone™ LLC, to send a Form 1099 to any person who, during any calendar year, wins cash prizes from the Website with an aggregate value of $600 (USD) or more. Accordingly, and in order to fulfill our legal requirements, if you win more than two cash prizes during a calendar year, we will ask you to email or fax to us a completed and signed IRS Form W-9. We will not send you further cash prizes (beyond your first two) during a calendar year until we have received a complete and correct W-9 form. If we believe that the W-9 form you provide is inaccurate or incomplete, we will request from you a corrected and/or completed W-9 form. If you do not provide a correct and complete W-9 form following such request, then we will not deliver to you any further cash prizes for such calendar year and you will be automatically deemed to have waived any right you might otherwise have to such additional cash prizes.
Although we will use commercially reasonable efforts to comply with and implement the IRS requirements accurately, promptly and fairly, you agree that neither Elite Battle Zone™ LLC, nor its affiliates will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of any acts, errors or omissions of Elite Battle Zone™ LLC, or its affiliates in their efforts to implement and comply with the IRS requirements. Without limiting the foregoing, you agree that you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence, and that you will indemnify and hold harmless Elite Battle Zone™ LLC, and its affiliates from any and all liabilities, costs, expenses or damages incurred by any one or more of them as a result of (a) your failure to timely pay applicable taxes, or (b) inaccuracies or omissions in any W-9 or other IRS form which you submit to Elite Battle Zone™ LLC,.
SECTION FOUR: ACKNOWLEDGMENT OF PROPRIETARY RIGHTS
4.1 Website Materials. By registering for a Website account and/or participating in any tournament or other service or activity offered on the Website, you acknowledge that all information, content and materials contained on the Website (in any form or media, the "Website Materials") may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by Elite Battle Zone™ LLC,, its affiliates or third party content suppliers, vendors, licensees or business partners, or by other individuals whose tournament ideas have been submitted to the Website. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Website Materials.
4.2 Trademarks. The trademarks, logos, and service marks displayed on the Website whether or not registered (collectively the "Trademarks"), including the names of all Tournaments, are Trademarks of Elite Battle Zone™ LLC,, its affiliates and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Website should be construed as granting to you, by implication, stopple or otherwise, any license or right to use any Trademark without our written permission or the written permission of the third party that owns the Trademark.
4.3 Unauthorized Use; Misuse. Your misuse or unauthorized use of any Trademark or any Website Materials is strictly prohibited. You are hereby advised that Elite Battle Zone™ LLC, is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. Elite Battle Zone™ LLC, will also reasonably cooperate with any third party alleging that such party's intellectual property rights have been infringed on the Website and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint. If you believe that a particular tournament or other Website Material or any Trademark violates your copyright or trademark or that of a party for whom you are authorized to speak, please follow the notification procedure provided on the Copyright Policy page.
4.4 Disclaimer of Warranties and Liability. You understand and agree that the Website Material is provided "AS IS" without warranty or representation of any time and that Elite Battle Zone™ LLC, does not warrant or represent, and expressly disclaims any warranties or representations (a) that the Website Materials are accurate, complete, free from viruses or free from infringement, (b) that the Website Tournaments and other activities will operate correctly or without interruption, error or defect, or (c) that your use of Website Materials or your participation in Website activities will not infringe on the rights of third parties.
You further understand and agree that neither Elite Battle Zone™ LLC, nor its affiliates will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of your use of the Website or Website Materials or your participation in any Website activities, including, without limitation, your violation of a third party intellectual property right based on your use of Website Materials or participation in Website activities.
SECTION FIVE: YOUR SUBMISSIONS TO WEBSITE
5.1 Communications From You. Any communication or material you transmit to or post on the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or other information or content (collectively, "Your Submissions"), is and will be treated by Elite Battle Zone™ LLC, and its affiliates as non-confidential and non-proprietary. You hereby authorize Elite Battle Zone™ LLC, and its affiliates to use, and agree that they are free to use, in each case without compensation to you, (a) Your Submissions for any purpose and in any manner, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and (b) any ideas, concepts, know-how or techniques contained in Your Submissions for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or offering services which, in each case, use or such information.
5.2 Account Registration Information. At registration, you are required to submit (a) an screen name that will be your PSN ID, (b) a password, (c) your e-mail address, and (d) such other information as Elite Battle Zone™ LLC, may request from time to time as indicated on the registration page or by other notice to you. Elite Battle Zone™ LLC, reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. By registering for an account, you agree that Elite Battle Zone™ LLC, may publish and display your PSN ID.
5.4 Accuracy of Your Submissions. You represent and warrant that the content in Your Submissions (a) is complete and accurate, and (b) does not and will not infringe on the intellectual property rights of Elite Battle Zone™ LLC, or any third party. Knowingly submitting materially incomplete, inaccurate, or infringing content (i) may, in Elite Battle Zone™ LLC,'s sole discretion, result in immediate termination or suspension of your account and/or your prosecution, and (ii) will result in the forfeiture of any prize packages to which you are otherwise entitled.
SECTION SIX: OTHER WEBSITE RULES FOR PARTICIPATION
6.1 Compliance with Laws; Personal Responsibility for Compliance; No Transfer of Accounts or Rights. You are subject to all laws of the state, province and/or country in which you reside and from which you access the Website and you are solely responsible for obeying those laws. You are solely responsible for your compliance with the Terms of Service set forth in this document. You may not allow any other person to use your account to access the Website or participate in Website activities, or to earn or accept prizes through your account or on your behalf. Without limiting the foregoing, you understand that your account is not transferable to any other person.
6.2 No Multiple Accounts; No Unauthorized Accounts. You may establish only one account per person and per computer or address. In order to prevent or terminate the establishment of unauthorized accounts, Elite Battle Zone™ LLC, reserves the right to (a) monitor account registrations and information, and (b) require validation of accounts, including but not limited to, requiring that a user submit a copy of a valid government-issued ID. If Elite Battle Zone™ LLC, discovers that you have opened more than one account per person, it may, in its sole discretion, (a) close down all but one of your accounts (and shall determine which account to leave open), and (b) terminate all of your accounts. In addition, you will forfeit any unpaid cash prizes, gifts or fees which may be then associated with any of your accounts. Elite Battle Zone™ LLC, also reserves the right to deny access to or terminate the accounts of any player who is found to reside outside the U.S. or otherwise not meet the eligibility requirements of Section 2, or of anyone who uses proxy servers and/or IP addresses of geographical areas outside of the U.S.
6.3 User Communication Rules. Your use of any Elite Battle Zone™ LLC, Community Feature is subject to the following rules and restrictions (the "Rules of Conduct"):
Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.
Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind is not permitted.
Website PSN ID will be displayed as 'Display Name'; impersonating other players or Elite Battle Zone™ LLC, employees or affiliates is not permitted.
Opinions or comments are welcome but attacking (flaming) individuals, companies or products is not permitted.
Hate language or other offensive or discriminatory content is not permitted.
Content should be limited to communications relating to Website Materials, including games and tournaments.
You should not share personal information (your name, phone number, home address) with others on the Website.
Sharing your user name and/or password is prohibited.
No advertising of any kind is allowed in messages or other communications, including, without limitation, the advertising or promotion of other companies or URLs.
No third party copyrighted materials are allowed in messages or other communications.
Neither Elite Battle Zone™ LLC, or its affiliates are responsible for any information, material or other content you choose to post, transmit, submit or otherwise disclose to or via Elite Battle Zone™ LLC, Community Features.
Advanced fonts, java, tables, HTML, or other programming codes or commands are not allowed in messages.
Determination of a user's compliance with these rules shall be made by Elite Battle Zone™ LLC, in its sole discretion. Elite Battle Zone™ LLC, reserves the right, in its sole discretion, to (a) terminate the account of and ban from Website participation users who violate the Rules of Conduct or who in any way abuse the community purpose of the Website, and (b) remove any user-submitted content for any reason. Notwithstanding the foregoing, a failure by Elite Battle Zone™ LLC, to impose any penalty for violations of the above Rules of Conduct or to remove any impermissible content or transmittal shall not be deemed a waiver of any such violation and Elite Battle Zone™ LLC, shall have no liability to you or any third party for its failure to enforce the Rules of Conduct in each or any instance.
6.4 Anti-SPAM Policy. Elite Battle Zone™ LLC, vigorously opposes the practice commonly referred to as "Spam". Elite Battle Zone™ LLC, will, immediately and without prior notice, suspend or terminate the accounts of Website users who appear, as Elite Battle Zone™ LLC, may determine in its sole discretion, to be using the Website to send, promote, facilitate or otherwise participate in Spamming. Elite Battle Zone™ LLC, defines "Spam" as:
Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or which are not sent at the request of, or with the express consent of, the recipient;
Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ).
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of such a violation to: abuse[at]elitebattlezone.com. Elite Battle Zone™ LLC, will evaluate each reported abuse incident on a case-by-case basis and will suspend or terminate the accounts of users who appear to have violated the terms of its Anti-Spam Policy (as determined by Elite Battle Zone™ LLC, in its sole discretion). Any such account suspension or termination will also result in the immediate forfeiture by the offending user of any unpaid cash prizes on account. Termination may also result in a prohibition against any future membership by such user in the Website.
6.5 No Cheating or Website Abuse. The use of any unfair methods or practices in connection with Website tournaments or other Website activities (collectively "Website Abuse") is strictly prohibited. Website Abuse shall include, by way of example but not as an exclusive listing thereof, any (a) opening and/or use of multiple accounts, (b) solicitation of other players to ask for or offer "cheats" or aids, (c) use of unauthorized or altered software or hardware to assist play, (d) intentionally poor play in certain tournaments in order to achieve a broader competitive advantage (i.e. "sandbagging"), (e) harassment of other participants, (f) use in a tournament of automatic, macro, programmed, or similar methods, and (g) attempt to gain unauthorized access to the Website's systems or any account, to damage the Website or interfere with its procedures or performance, or to commit fraud on the Website or its participants or contributors.
6.6 Website Activity Monitoring. You understand and agree that Elite Battle Zone™ LLC, reserves the right to monitor all Website activity and Website participation by users in order to (a) enforce these Terms of Service, (b) maintain and enhance Website performance and offerings, (c) maintain and enhance Website integrity, reputation and user experience, and (d) for other business purposes of Elite Battle Zone™ LLC, and its affiliates. Without limiting the foregoing, you understand and agree that by registering for a Elite Battle Zone™ LLC, account and/or participating in any Website activity, you are authorizing Elite Battle Zone™ LLC, to access your account information and review your Website participation in order to investigate complaints against you, allegations of Abuse by you, and/or Website activity conducted under your user name or account.
6.7 Sanctions. Any violation of any of these Terms of Service by you or someone who has accessed your account and/or is participating in Website activities under your name may subject you to immediate sanctions (as determined by Elite Battle Zone™ LLC, in its sole discretion) including the termination or suspension of your account(s), the forfeiture or voiding of any unpaid cash prizes or gifts, or prosecution for violations of law.
SECTION EIGHT: TOURNAMENT RULES AND PROCEDURES
8.1 Prizes. Prizes are generally merchandise supplied by sponsors and are sent directly to the physical address provided by the winner. You may request to be given an award of cash in lieu of merchandise; however, Elite Battle Zone™ LLC, is under no obligation to grant such request. If Elite Battle Zone™ LLC, elects, in its sole discretion, to offer a cash payment in lieu of any prize won, Elite Battle Zone™ LLC, reserves the right to determine the exact amount of the cash offer which may be less than the value of the prize originally offered. You may elect to accept the cash offer, accept the original prize, or decline both and take nothing; the decision you make must be communicated to the Website via email. If you decline both the merchandise prize and the cash offer, you will be deemed to have waived your right to receive either one. If a prize is not claimed within 30 days following the announcement of the winner and personal information obtained to enable the Elite Battle Zone™ LLC, to verify identity, the prize will be waived and the winner shall have no further right to the same. If a Limited Entry tournament closes prematurely for any reason, Elite Battle Zone™ LLC, reserves the right to modify, in its sole discretion, the type or amount of the prize associated with such tournament, taking into account how full the tournament was at the time it was closed and other factors.
8.2 Merchandise Prize Substitution. Elite Battle Zone™ LLC, reserves the right to substitute for any merchandise prize a cash equivalent (determined by Elite Battle Zone™ LLC,'s estimated cost to obtain the merchandise prize and not the manufacturer's suggested retail price or any other price) if (a) the level of participation in a tournament is lower than anticipated by Elite Battle Zone™ LLC,, (b) a prize has become unavailable, (c) there are logistical difficulties in shipping the prize, or (d) for any other business reason. Players cannot return prizes for cash or exchange prizes which have already been shipped for cash or other prizes.
8.3 Taxes; Delivery. Users are responsible for any income taxes associated with their receipt of cash prizes from Elite Battle Zone™ LLC,. Shipping costs for gifts or prizes consisting of merchandise are borne by Elite Battle Zone™ LLC,. Shipment will be F.O.B. Origin; this means that Elite Battle Zone™ LLC, is not liable for any damage incurred during shipping. Most merchandise will ship (but is not guaranteed to ship) within 30 days of the date Identity Verification Form was received by Elite Battle Zone™ LLC,. However, delays in delivery may occur and you understand and hereby agree that neither Elite Battle Zone™ LLC, nor its affiliates nor the manufacturer or vendor of such merchandise will be liable to you for damages, expenses, costs, or losses or any kind resulting from any such delay.
8.4 Merchandise Prize Warranties. Merchandise awarded as prizes in connection with your participation in Website activities is provided and delivered "AS IS". Elite Battle Zone™ LLC, offers no warranty of any kind and expressly disclaims any warranty, express or implied, with respect to any such merchandise (including, without limitation, "collectible" gifts or prizes), including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or warranties implied through custom or trade, or warranties of genuineness or authenticity. The only warranty associated with merchandise prizes is the warranty, if any, supplied by the manufacturer of the merchandise. You expressly agree to release and hereby do release Elite Battle Zone™ LLC, and its affiliates from any and all damages, costs, expenses, claims, liabilities or losses of any kind which you (or anyone claiming through you) or any third party may incur as a result of a defect in any merchandise which may be provided to you as a prize or otherwise in connection with your participation in Website activities.
8.5 Other Prize Restrictions. For prizes requiring local, state or federal licensing or approval (e.g. a driver's license for an automobile), players must provide evidence of such licensing or approval within one week of the initial request for such information or the prize will be forfeited. Players who are unable to provide a United States tax identification number or social security number are not eligible to win more than two cash prizes in any calendar year.
SECTION NINE: TERMINATION; SUSPENSION OF ACCOUNTS
Elite Battle Zone™ LLC, reserves the right to terminate or suspend your account, limit or prohibit your participation in any tournament or tournament type, or terminate, suspend or limit your participation in any Website activity, for any reason in its sole discretion, including but not limited to any Website Abuse (see Section 6.4), violation of any of the terms and conditions of these Terms of Service, or as Elite Battle Zone™ LLC, may, in its sole discretion, decide is advisable or necessary to maintain the integrity of the Website and its operations.
SECTION TEN: NO WARRANTY; LIMITATION ON LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND THE SOFTWARE ARE AT YOUR OWN RISK. THE WEBSITE AND THE SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT Elite Battle Zone™ LLC, DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Elite Battle Zone™ LLC,, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES, DIRECT OR INDIRECT, ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS' SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES, ERRORS IN CALCULATING GAME AND TOURNAMENT SCORES AND WINNERS, PRIZE SUBSTITUTIONS OR OTHER TOURNAMENT RELATED ERRORS.
Without limiting the foregoing, you understand and agree that neither Elite Battle Zone™ LLC, nor its affiliates are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or your account.
SECTION ELEVEN: INDEMNIFICATION
By registering and/or participating in any Website activity, you hereby agree to indemnify, defend, and hold the employees, officers, directors, members, agents, content providers, licensees, licensees, distributors, and agents of Elite Battle Zone™ LLC, and its affiliates harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by such parties in connection with or arising directly or indirectly from your use of the Website, whether or not in compliance with these Terms of Service.
SECTION TWELVE: MISCELLANEOUS PROVISIONS
12.1 Changes to Terms of Service. As stated above, Elite Battle Zone™ LLC, may, from time to time and at any time, amend these Terms of Service in whole or part, in its sole discretion. Elite Battle Zone™ LLC, will try to give you fifteen days advance notice of any such amendment but reserves the right to implement the amendment immediately upon posting, without prior notice, if it believes it is important to do so. Any changes to these Terms of Service will be effective as of the date indicated at the top or bottom of these Terms of Service. Depending on the materiality of the change, Elite Battle Zone™ LLC, may announce the change (1) on the home page of the Website, or (2) provide such notice via e-mail to Members. By continuing to use the Website following any changes or by maintaining your account with the Website, you will be deemed to have agreed to such changes.
12.2 Termination of Account/ De-installation. Members of the Website who are unwilling to accept or comply with any provision of these Terms of Service must immediately terminate their accounts with elitebattlezone.com. Accounts may be terminated by emailing unsubscribe[at]elitebattlezone.com. Elite Battle Zone™ LLC, reserves the right to terminate the account of any Website member who violates its policies and rules. Any account that has a thread/post created in the forum shall not have their account deleted as information is retained for statistical purposes.
12.3 Governing Law and Disputes. These Terms of Service will be governed and construed in accordance with the laws of the State of Michigan, irrespective of any principles of conflicts of law. You agree that the sole and exclusive venue for the resolution of any claim arising under or in connection with these Terms of Service shall be in a court of competent jurisdiction located in Chippewa County, Michigan, and you hereby (a) consent to the personal jurisdiction of such courts with respect to any such proceeding, and (b) waive any objection to such venue including, without limitation, the objection of forum non convenience.
12.5 Downloads; Any material or third party software downloaded through or for the use of the Download Service is done at your own discretion and risk, and Elite Battle Zone™ LLC, will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Website, our third party service providers, or through or from the Download Service will create any warranty not expressly stated. Elite Battle Zone™ LLC, makes no representation or warranty that (i) the Download Service will meet your requirements, (ii) the Download Service will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods,or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Download Service will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Download Service will meet your expectations, and (vi) any errors in Elite Battle Zone™ LLC, or third party software will be corrected.
12.6 Children; The Elite Battle Zone™ LLC, Website are not directed to children under the age of 13. The Elite Battle Zone™ LLC, Website will not knowingly collect personally identifiable information from anyone under 13.
SECTION THIRTEEN: NON-HUMANS
TERMS AND CONDITIONS OF USE The website from which you accessed this agreement ("Elite Battle Zone™") is provided to you subject to the following conditions. These terms are in addition to any other terms governing access to the Website. By visiting (in any manner) the Website you accept these terms and conditions (the "Terms of Service"). Please read them carefully. Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on this site are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this Website's email addresses is recognized as a violation of this agreement and expressly prohibited.
APPLICABLE LAW AND JURISDICTION Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the law of the state of residence of the registered Administrative Contact (the "Admin State") for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
Direct Questions or Notices to Elite Battle Zone™ LLC, as follows:
Elite Battle Zone™ LLC,
Attn: Customer Service
2324 Andary Avenue
Sault Sainte Marie, MI. 49783