These terms of use (“Terms”) are entered into by and between you and Kolosseum (“Kolosseum,” “we,” or “us”). The following terms and conditions, together with any rules and regulations for the applicable contests and promotions, and any documents they expressly incorporate by reference, govern your access to and use of Kolosseum’s websites, mobile applications, platforms, products or services (collectively, the “Services”).
Please read these Terms carefully before you use our Services. These Terms constitute a legal agreement between you and Kolosseum, and shall apply to your use of the Services even after termination. By using the Services, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Services.
Our Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Kolosseum. If you are not 18 years of age or older, you must not access or use the Services.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST KOLOSSEUM ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
We may revise and update these Terms from time to time in our sole discretion. If we make any material changes, we will notify you by email at the primary email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting these Terms to check for any changes. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the Dispute Resolution and Agreement to Arbitrate section will not apply to any Disputes for which the parties have actual notice on or before the date the change is posted.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
We reserve the right to withdraw or amend our Services or materials we provide on our mobile applications or websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms to allow any other person to use your account to participate in any contest. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time (in our sole discretion for any or no reason, including) if, in our opinion, you have violated any provision of these Terms.
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Policy found at ‘https://kolosseum.co/privacy-policy’ .
Professional or amateur e-athletes, agents, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in, and are strictly prohibited from entering, any Kolosseum contests in the e-sport in which they are associated. Any person who is a director, officer or employee of Kolosseum is also prohibited from entering any Kolosseum contest.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, you agree not to:
We may terminate your access to our Services for any one or more violations of these prohibited uses.
Our Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kolosseum, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, trade secret, or other intellectual property or proprietary rights laws. The terms “Kolosseum”, the Kolosseum logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kolosseum or its affiliates or licensors. You must not use such marks without the prior written permission of Kolosseum. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except with our prior written consent.
You must not:
You must not access or use for any commercial purposes any part of the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and Kolosseum reserves all rights not expressly granted. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Generated Content”) on or through the Services.
Any User Generated Content you post through the Services will be considered non-confidential and non-proprietary. By providing any User Generated Content on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Generated Content you submit or contribute, and you, not Kolosseum, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Generated Content posted by you or any other user of the Services.
We have the right to remove or refuse to post any User Generated Content for any or no reason in our sole discretion. We may take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Generated Content violates these Terms.
However, we do not undertake to review material before it is posted on our Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Our Services may contain links to third party websites that are not owned or controlled by Kolosseum. Kolosseum has no control over, and assumes no responsibility for, the content or practices of any third party websites. In addition, Kolosseum will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Kolosseum from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions of each other website that you visit.
Users will be able to visit our Services and view the games available for entry (the “Contests”). Each individual Contest is free to enter. Our Official Contest Rules can be found here ‘https://kolosseum.co/how-to-play’.
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.
Our Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, OUR SERVICES AND ALL OF ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KOLOSSEUM OR A REPRESENTATIVE SHALL CREATE A WARRANTY. KOLOSSEUM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES OR THE CONTENT OR COMMUNICATIONS ON THE SERVICES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. KOLOSSEUM DOES NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. KOLOSSEUM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES, AND THAT KOLOSSEUM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY NORMAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES AS A RESULT OF THE USE OF THE INFORMATION PROVIDED THROUGH THE SERVICES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IF, FOR ANY REASON, KOLOSSEUM IS DETERMINED TO HAVE FINANCIAL LIABILITY TO YOU, THE TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID US TO USE THE SITES IN THE PRECEDING 12 MONTHS, IF ANY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless Kolosseum from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify and hold harmless Kolosseum from and against any and all claims brought by third parties arising out of your use of the Services and the content you make available via the Services by any means, including without limitation through a posting, a link, references to said content, or otherwise.
Except where and to the extent prohibited by law, by using the Services, you and Kolosseum agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to: (1) Us, at 194 Wildflower Ln, Round Lake Beach, IL; or (2) You, at the email address we have on file for you.
Both you and Kolosseum agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
These Terms have been made in and shall be construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of law principles. The exclusive jurisdiction and venue for proceedings involving any and all Disputes shall be the courts of competent jurisdiction sitting within Cook County, Illinois, and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms constitute the entire agreement between you and us relating to your access to and use of the Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
All other feedback, comments, requests for technical support, and other communications relating to the Services or these Terms should be directed to: help@kolosseum.co.
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