Terms of Use and Service Agreement
For Residents of the United States of America and Canada
Introduction
Welcome and thank you for visiting our network of websites and applications, which includes without limitation RezenGaming.com and any other website or application on which this Terms of Use and Service Agreement appears (each a “Website”). Our Websites are interactive online services operated by 1v1 Gaming Corporation (“Rezen Gaming” or “RznG”). This Terms of Use and Service Agreement (“Agreement”) applies to this website and any other service offered by RznG. Certain services offered by RznG may be subject to separate terms of use, in which case, we will let you know what terms will apply to those services.
Certain products, services, and digital content may from time to time be made available to you for purchase through the RznG Service. Those purchases are governed by the Terms of Sale, which are incorporated by reference into this Agreement and made part of this Agreement.
RznG knows that the privacy of your personal information is important to you. For more information about RznG’s data protection practices, please read our Privacy Policy, which for residents in North America is incorporated by reference into this Agreement and made part of this Agreement.
FOR RESIDENTS OF NORTH AMERICA AND CANADA ONLY: The RznG Service is made available only to persons aged eighteen years or older.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE RznG SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND RznG. BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE RznG SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE RznG SERVICE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR USE OF THE RznG SERVICE AND THE WEBSITE.
1. Compliance Under Applicable Law
By use of the Web Site you have the opportunity to participate in skill-based competitions. Some require you to pay an entry fee in order to participate. Some include an offer of payment to winners as a premium. ALL CONTESTS, TOURNAMENTS, COMPETITIONS AND SWEEPSTAKES ARE VOID AS TO PARTICIPATION IN ANY COUNTRY WHICH PROHIBITS OR RESTRICTS SUCH ACTIVITIES. By registering on the Web Site or participating in any such activity you warrant and represent that you have checked the laws of the country (or other applicable jurisdiction) from which you access the RznG Services, and that such activities are not prohibited or restricted by applicable law. You access and use the RznG Services at your own sole risk.
2. Taxes
It is your obligation (and not that of RznG) to pay all taxes imposed upon you or upon your purchase of any property or service, by any taxing authority, and to prepare and file all returns and reports required by the country or other jurisdiction where you reside or from where you access the RznG Service. “Taxes” include (but are not limited to) import duties, value added taxes, and taxes on prizes awarded to you for any use of the RznG Service.
3. Sales of Property
From time to time we may offer for sale goods or services advertised or posted on the Web Site. Prices are subject to change and all sales are final once paid. To the fullest extent allowed by applicable law, we make no warranty that any product is merchantable, fit for a particular purpose, or non-infringing. Prior to shipment, we have the right to cancel any order and refund any payment based on a mistaken price quote on the Web Site.
General
RznG may at any time change or discontinue any aspect or feature of the RznG Service, including, but not limited to, content, hours of availability, and equipment needed for access or use. Additional posted policies, guidelines, or rules applicable to specific services and features (the “Policies”) are hereby incorporated by reference into this Agreement.
Eligibility to Participate in Contests
From time to time RznG will include within the RznG Service skill-only contests, competitions, and tournaments for which an entry fee is required and that include an offer of money or other value as a premium for winners. Other competitions may be free to play and yet offer a premium award to winners.
Competition for a premium, with or without payment of an entry fee, is open only to legal residents of the fifty (50) states of the United States of America, Washington D.C., and Canada who are at least eighteen (18) years of age at the time of entry. Paid competitions are sponsored by 1v1 Gaming Corporation at 15086 48 Ave, Surrey, British Columbia, Canada.
Free competitions are open to all otherwise-eligible persons who participate from any state of the United States, the U.S. District of Columbia, or Canada. Competitions for which there is an entry fee are open only to persons who participate from within an eligible United States jurisdiction. For the avoidance of doubt, participation in paid competitions from Arizona, Hawaii, Iowa, Mississippi, Montana, Nevada, and South Dakota is blocked and prohibited.
No prize is awarded to winners who are younger than eighteen (18) years of age or who participate from a jurisdiction where the awarding of a prize is prohibited, illegal, or restricted. Each entrant must be the registered owner of the account and email address used to participate. Employees and agents of 1v1 Gaming Corporation, its content providers and advertisers, together with members of their immediate families and households, are ineligible to participate in any form of the competitions.
The Sponsor reserves the right in its sole discretion to disqualify without notice and to block from participation any participant who fails to comply with these rules, including but not limited to misrepresentation of eligibility, attempting to impair the function of the Website, attempting to commit fraud, or using multiple accounts.
CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR TO SUBVERT, IMPAIR, OR COMPROMISE THE LEGITIMATE CONDUCT OF ANY COMPETITION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS.
The $20 Free Play Voucher
During RznG’s pre-launch registration period, eligible new users who sign up with a valid email address and complete registration will receive a $20.00 free play voucher (the “Voucher”), which will be credited to their RznG account balance.
THE VOUCHER ITSELF HAS NO CASH VALUE. THE $20.00 CREDIT COMPRISING THE VOUCHER MAY NOT BE REDEEMED, WITHDRAWN, OR EXCHANGED FOR CASH DIRECTLY, IN WHOLE OR IN PART, AT ANY TIME. The Voucher may only be used to place wagers on eligible skill-based competitions offered through the RznG Service. Winnings resulting from wagering the Voucher are treated as ordinary account winnings and, once RznG is fully live and operational, will be credited to your RznG account and become available for withdrawal as cash, subject to the same identity verification, playthrough, and withdrawal requirements that apply to all other winnings on the RznG Service.
The Voucher will appear in your account balance upon issuance. However, the Voucher and any amount derived from it will not be usable, active, or available for wagering until RznG is fully live and operational on the Website. Until that time, the Voucher will be visible in your account for informational purposes only and cannot be wagered.
RznG reserves the right to modify, suspend, or revoke the Voucher, in whole or in part, at any time and for any reason, including a violation of this Agreement, suspected fraud or abuse, or a determination that you are ineligible under the eligibility provisions above.
Changed Terms
RznG reserves the right, at any time and at our sole discretion, to change or modify this Agreement and/or the terms and conditions applicable to your use of the RznG Service. Except for the Arbitration and Class Action Waiver section below, such changes will be effective immediately upon notice, which may be given by posting a notice on the Website, updating the date of this Agreement, or by electronic or conventional mail. Any continued use of the RznG Service after the posting of such notice constitutes your binding acceptance of the changes.
Binding Arbitration and Class Action Waiver
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution: RznG’s Customer Support department is available to address any concerns you may have regarding the RznG Service. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration as the sole means to formally resolve claims, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply.
Class Action Waiver: Any arbitration shall be conducted in each party’s individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
Exception: Either party may bring an action in state or federal court that only asserts claims for patent infringement, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, or may seek relief in a small claims court for disputes within that court’s jurisdiction.
Changes to this Section: RznG will provide 60 days’ notice of any changes to this section. Changes will become effective on the 60th day and will apply prospectively only to claims arising after that date.
Jurisdiction and Applicable Law
For eligible residents of the United States, any claims arising out of this Agreement will be subject to the laws of Delaware, USA, except to the extent that conflict-of-law rules would require application of the law of another jurisdiction. You and RznG irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Delaware City, Delaware, USA, to resolve any claims that are exceptions to the arbitration agreement described above or otherwise determined not to be arbitrable.
Equipment
You are responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of the RznG Service, and all charges related thereto.
The RznG Service
We currently provide you with access to a rich collection of online resources, including communication and social networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content, and branded programming. Some services are free of charge; others, including skill-only competitions, contests and tournaments, require payment of an entry fee and may involve an offer of a premium to winners.
To participate, you will need to log in, provide certain information, and establish a user account, even for free services and competitions. An inactive user account is one in which the user has not logged in for one hundred eighty (180) consecutive days. If your account becomes inactive but is not terminated, you will be subject to a monthly inactive account fee of $1.99 per calendar month (or part thereof), which we may collect by debiting funds you have on deposit with us.
The RznG Service is provided on an “AS IS” and “AS AVAILABLE” basis. RznG does not assume responsibility for the timeliness, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. Your use of the RznG Service is at your own risk.
The RznG Service may include hyperlinks to third-party websites or services solely as a convenience to you. RznG has no control over, and is not responsible for, any third-party sites or the information, advertising, products, services, materials, or privacy protection contained on or accessible through them.
Some services provided by RznG are supported by advertising revenue and may display advertisements and promotions, the manner, mode, and extent of which are subject to change without specific notice to you.
Your Use of the RznG Service
You shall provide true, accurate, current, and complete information about yourself as requested in the Website’s registration forms, and shall keep that information current. You shall use the RznG Service for only lawful purposes and in compliance with this Agreement.
You shall not post, upload, distribute, or otherwise transmit through the Website or any RznG Service any content that is defamatory, pornographic, indecent, harassing or threatening, promotes hatred, impersonates any person or entity, violates privacy or publicity rights, is fraudulent, constitutes instructions regarding a criminal offense, contains personal identifying information of any person, or infringes upon any copyright, trademark, trade secret, or other proprietary right.
You shall not post or transmit malware, spyware, viruses, corrupted data, or other harmful or disruptive files, nor content that constitutes advertisement, unsolicited offers, pyramid schemes, bulk commercial mailing, or promotional giveaways. You will be subject to disqualification and/or blocking for misrepresentation of eligibility, attempting to impair the function of the Website, attempting fraud, failure to furnish a requested affidavit or declaration of eligibility within fifteen days, or use of message boards or communication facilities in a manner inconsistent with these rules.
The Rules of Conduct also prohibit removing, circumventing, disabling, or damaging security-related features of the Website and the RznG Service; reverse engineering, disassembling, or decompiling the RznG Service; creating derivative works based upon the Website and/or the RznG Service; and using any robot, spider, scraper, crawler, or other automated means to access the Website or the RznG Service.
RznG shall have the right, but not the obligation, to monitor the content of the RznG Service to determine compliance with this Agreement and any applicable law, and may edit or remove any content at any time without notice, in its sole discretion. Any violation of these terms may result in removal of the prohibited communications and/or suspension or termination of your rights to use and access the Website and the RznG Service.
You understand that access to the RznG Service may result in access to other users’ names, screen names, email addresses, and other information (“Personal Information”), which is protected by applicable data protection and privacy laws. You agree not to scrape, copy, aggregate, redistribute, alter, reproduce, or re-use any user’s information accessible through the Website or the RznG Service.
If you participate in online competitions and tournaments with prizes, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any prizes received. For prize awards of more than $600, you may be required to provide information necessary for RznG to file Internal Revenue Service Form 1099-MISC.
Trade Marks, Copyright and Other Intellectual Property
The RznG Service and Website, including all logos, visual interfaces, graphics, design, compilation, information, software, computer code, services, text, pictures, video, and the selection and arrangement of all of them (the “Materials”), are owned and operated by RznG and are protected by copyright, trade dress, patent, and trademark laws and international conventions.
RznG, Rezen Gaming, and the RznG logos (the “RznG Marks”) are the exclusive property of RznG. Nothing in this Agreement gives you a right to use any RznG Mark or any of RznG’s trade names, trademarks, service marks, logos, or domain names.
Unless otherwise expressly agreed in writing by RznG, you are granted only a limited, non-exclusive, terminable, non-sublicensable license to access and use the Website and the RznG Service for your own personal use. This license does not include any right to resell or commercially use the RznG Service or the Materials, publicly distribute or display any Materials, create derivative works, use data mining or robots, or download any portion of the RznG Service except as expressly permitted.
Disclaimer of Warranty; Limitation of Liability
USE OF THE WEBSITE, THE RznG SERVICE, ANY PRODUCT, AND ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED IN THEM IS AT YOUR SOLE RISK. NEITHER RznG NOR ITS AFFILIATED COMPANIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, OR LICENSORS WARRANT THAT THE RznG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
THE WEBSITE, THE RznG SERVICE, AND ANY PRODUCT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. RznG DOES NOT REPRESENT OR WARRANT THAT THE RznG SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Notices
RznG may provide you with notice by any means, including via email, postings on the Website, and changes to this Agreement. Notices emailed to you will be deemed given and received when the email is sent. Except as otherwise stated in this Agreement, all notices to RznG shall be sent in writing to 1v1 Gaming Corporation, Attention: Participant Notice, at 15086 48 Ave, Surrey, British Columbia, Canada.
Indemnification
You agree to defend, indemnify, and hold harmless RznG and its respective suppliers, licensors, and partners from and against any and all claims, losses, damages, liabilities, and expenses, including legal fees, resulting from or arising out of any violation of this Agreement, negligent or wrongful conduct, your use or misuse of the RznG Service, a violation of applicable law, any content you post or transmit, and/or your violation of the rights of any third party.
Termination
You may unsubscribe at any time by contacting us at Admin@rezengaming.com. An inactive user account is one in which the user has not logged in for one hundred eighty (180) consecutive days. RznG reserves the right, without limitation, without notice, and in our sole discretion, to terminate your license to use the RznG Service and your accounts and passwords, for any reason, including a violation of this Agreement or a legal requirement. Your only remedy with respect to any dissatisfaction with the RznG Service is to terminate your account and discontinue use of the RznG Service.
Expectation of Privacy
Communications made using the RznG Service should not be considered private. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any user-generated content or communications, including chat text or voice communications.
Copyright Complaints
RznG respects the intellectual property of others and will process notices of alleged infringement under the United States Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Notifications of alleged copyright infringement should be emailed to Admin@rezengaming.com with the subject line “DMCA Takedown Request,” or mailed to 1v1 Gaming Corporation (Attention: DMCA Takedown Request) at 15086 48 Ave, Surrey, British Columbia, Canada.
In accordance with the DMCA and other applicable law, RznG has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account and access of users who are deemed to be repeat infringers.
Other Provisions
This Agreement, together with any supplemental terms, operating rules, and the Privacy Policy, constitutes the entire agreement of the parties and supersedes any previous agreements between the parties. This Agreement and any rights and licenses granted under it may not be transferred or assigned by you. If any provision of this Agreement is declared unenforceable, the remaining provisions will remain in full force and effect.
Changed Terms
From time to time, RznG may need to amend this Agreement, for example to reflect new products or services, enhance security, or comply with changes in the law. If RznG makes such a change, we will inform you of the particular changes in advance via email no later than thirty (30) calendar days before the changes come into force. The latest version of this Agreement will always be available on our website.
Third-Party Trade Marks
All rights reserved. Xbox and Xbox One are registered trademarks of Microsoft Corporation. Microsoft Corporation is not affiliated with RezenGaming.com. PlayStation and PlayStation 4 are registered trademarks of Sony Computer Entertainment. Sony Computer Entertainment is not affiliated with RezenGaming.com. All other trademarks are the property of their respective owners.
Questions
Should you have any questions regarding this Agreement, you may contact us through the Website or by email at Admin@rezengaming.com.