Using Esports Exchange
As a condition of your use of Esports Exchange you agree that you will not:
- violate any laws
- post any threatening, abusive, defamatory, obscene or indecent material;
- post or otherwise communicate any false or misleading material or message of any kind;
- infringe any third-party right;
- distribute spam, chain letters, or promote pyramid schemes;
- distribute viruses or any other technologies that may harm Esports Exchange or the interests or property of Esports Interactive users;
- impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Esports Exchange;
- copy, modify, or distribute any other person’s content without their consent;
- use any robot spider, scraper or other automated means to access Esports Exchange and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- copy, modify or distribute rights or content from Esports Exchange or any Esports Interactive copyrights and trademarks;
- bypass measures used to prevent or restrict access to Esports Exchange; use any tool that interferes with the normal functioning of Esports Exchange, including, without limitation, browser plug-ins, extensions, or other software which are designed to supplement, remove or otherwise change any of Esports Exchange’s functionalities; or
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
Abusing Esports Exchange
Esports Exchange and the Esports Interactive community work together to keep Esports Exchange working properly and the community safe. Please report problems, offensive content and policy breaches to us using the Contact Us page
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Esports Exchange if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Esports Exchange employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Esports Exchange or not, we do not have any obligation to monitor the information transmitted or stored on Esports Exchange and we do not accept any liability for unauthorised or unlawful content on Esports Exchange or use of Esports Exchange by users.
Some of Esports Exchange’s features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the Esports Interactive community, or on third party Platforms, including social media channels. By using Esports Exchange, you agree that your ads can be displayed on these other Platforms and media channels. You may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your ad if it is reported on Esports Exchange, or any third party Platform, or if we believe it causes problems or violates any law or policy.
Fees and Services
Esports Exchange charges a fee for listing credits. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in US Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on Esports Exchange. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
- If your ads went live with exposure on the Esports Exchange sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
- If you have removed your ads yourself;
- If you post duplicate ads as defined in our rules regarding duplicate ads;
- If we believe that your ads are in a significantly wrong category;
- Please note that the above list is not exhaustive.
In addition to the Esports Exchange services, users may offer financial products on their ads, Esports Exchange is in no way involved or liable for any loss related to such transactions.
Display and placement of user ads
We strive to create a community where users can find what they are looking for. Therefore, the appearance or placement of ads in search and browse results will depend on a variety of factors, including, but not limited to:
- users’ location and search query / category selected;
- adverts’ category, content, location and date published; and
- if the ad has a paid-for promotion (“Featured” for example)
Esports Exchange contains content from us, you, and other users. Esports Exchange is protected by copyright laws and international treaties. Content displayed on or via Esports Exchange is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Esports Exchange without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Esports Exchange. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Esports Exchange (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the Esports Interactive Group, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
Esports Exchange may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Esports Exchange ad while your ad is on Esports Exchange. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Esports Exchange’s sole discretion.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Esports Exchange by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Esports Exchange.
Reporting an infringement:
You can contact us to report advertisements which may infringe on your property rights. This information must also enable Esports Exchange to identify the advertisement to be removed and your authorisation to make the claim of infringement.
Note: Requests can only be made by the lawful owners of the relevant intellectual property rights. For all other questions, visitors and advertisers can get help by contacting us.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We are not involved in the actual transactions between users. As most of the content on Esports Exchange comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Esports Exchange, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
If you have a dispute with one or more Esports Exchange users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
Data Protection and Privacy
By using Esports Exchange, you agree to the collection, transfer, storage and use of your personal information by Esports Exchange.
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
As part of the services, Esports Exchange has access to various information about users, including personal data. This includes information that users submit to Esports Exchange as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).
Via Esports-exchange.gg and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services (such as number of impressions of an ad, conversion rate or return rate).
Esports Exchange only shares information about users with third parties if this is necessary for the provision of the services or if Esports Exchange is legally or contractually entitled to do so.
For information regarding the processing of personal data by Esports Exchange, including sharing such data with third parties and your rights as a data subject, please contact us.
Resolution of disputes
If a dispute arises between you and Esports Exchange, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on Esports Exchange constitute the entire agreement between Esports Exchange and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Esports Interactive Limited must be resolved by the courts of England and Wales. You and Esports Exchange both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Esports Exchange both agree to submit to the jurisdiction of the County Court of Maidstone.
If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Esports Exchange website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.