Welcome to Top Score League. Your access to and use of www.TopScoreLeague.com (the “Website”) and any tournaments of skill, products, features, content, promotions, and other services offered by or through this Website (collectively, the “Service”) is subject to the following terms and conditions of use (“Terms of Use,” “Terms,” or “Agreement”) and all applicable laws. Please read these terms carefully as they constitute a legally binding contract between you and Top Score League (“Top Score,” “we,” “our,” and “us”). These Terms of Use apply exclusively to your access to, and use of, the Service and do not alter in any way the terms or conditions of any other agreements you may have with us. These Terms of Use may be changed by Top Score at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on the Service. The posted change will take effect within thirty (30) days of publication of changes, unless you expressly accept the revised Terms of Use earlier. You agree that the express acceptance by you, or your continued use of the Service after the posted changes, shall constitute your acceptance of the Terms of Use. Notwithstanding the foregoing, changes to these terms will not affect the cost of your service plan, if any, during an active term.
If you do not agree to these Terms of Use, our Privacy Policy, or any other policy governing your access to or use of the Service you should immediately terminate your access to or use of the Service. If you have any questions regarding these Terms or your access to or use of the Service, please contact support@topscoreleague.com.
1. Eligibility
1.1 General. You must meet the eligibility requirements set out in this section to use the Service. If we find, in our sole discretion, that you do not meet the eligibility requirements of this section, or otherwise violate the terms and conditions set out in these Terms of Use or our Privacy Policy, we reserve the right to suspend or terminate your account and terminate, withhold, or revoke any prizes or payouts to you.
1.2 Age and Residency. You must be at least eighteen (18) years of age to create a user account through the Service (“Account”), participate in tournaments, win prizes offered by the Service, or otherwise use the Service.
By using the Service, you represent and warrant that you are an individual of legal age, authority, and capacity to enter into a binding legal agreement and that you are physically located in a jurisdiction in which participation in the Service is permitted and unrestricted by that state or country’s laws. Gaming laws are set by each individual state, county, territory, or jurisdiction in which you may reside and our Service is not available in any jurisdiction that prohibits these types of competition. Prohibited jurisdictions include, but are not limited to, Arizona, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Minnesota, Tennessee, and Washington. You are solely responsible for confirming your eligibility and compliance with all applicable laws prior to using the Service each time the Service is accessed.
1.3 Account. You will create, maintain, use, and control only one Account through the Service that is unique to you. You will not co-own or co-operate an Account with any other individual. You will use your Account solely to access and engage in the Service. When creating your Account, you must provide a valid email address, gamertag (associated with your valid account through PlayStation Network, Xbox Live, or other online video game service [“Online Service Provider”]), username, and password to be used in relation to your Account. You will not use a gamertag or username that promotes any commercial or business activity or that we, in our sole discretion, deem offensive. You are responsible for maintaining the confidentiality of your email address, password, and payment method information, and are responsible for all activities, charges, damages, or other uses that occur through your Account, whether by you or others. You will immediately notify Top Score of any breach of security or unauthorized use of your Account. We will not be held liable for any loss or damages that result from your failure to comply with this section.
1.4 Paid Activities. If you deposit funds, enter tournaments, withdraw prizes or deposits, or otherwise engage in activities offered by or through the Service that require the use of real money (“Paid Activities”), you must ensure your own compliance with the laws, rules, and regulations of the state in which you engage in Paid Activities. By engaging in Paid Activities, you affirm that you are the lawful owner of the payment method used to make any deposits through the Service. To be eligible to engage in Paid Activities, you must own an active and valid credit card or PayPal account, and input such related payment information to your Account. Payouts will be made by Check, Papay, or credit account credit. There are additional requirements for participating in tournaments: see Tournament Rules in Section 4 below.
2. License to Use the Service
We grant you a limited, nonexclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use. You will not assign or sublicense this license to a third party, or use the Service on behalf of or for the benefit of any third party. You further agree not to use the Service in any way contrary to the terms of this Agreement or to the state or federal laws of the United States, including, but not limited, the storage, transfer, or distribution of computer files that may infringe on the rights or interests of third parties.
3. Code of Conduct and Prohibited Activities
When using the Service, you will behave in a civil and respectful manner. We reserve the right to suspend and/or terminate your Account if you misuse the Service or behave in a way that we regard as inappropriate or unlawful. The following is a partial list of actions you will not engage in with respect to the Service, and violation is grounds for immediate termination of your right to use and/or access the Service and can result in the permanent deletion of your Account. You will not
4. Tournament Rules
4.1 Tournaments of Skill. We offer competitive skill gaming sessions available for entry through our Service (“Tournaments”). Some Tournaments require users who enter into a Tournament (“Players”) to pay a fee for entry (“Paid Tournament”). A Player who is deemed the winner of a Paid Tournament will receive a payment equal to the sum of the entry fees paid by other Players in that Paid Tournament (“Prize”) less ten percent (10% to 20%) administrative/management fee. All Tournaments offered through the Service are tournaments of skill. Each member acknowledges that the outcome of the matches and tournaments offered on the Site are directly related to the number of members participating, and the skill levels of each member participating. Top Score League does not comment or have knowledge of the probability of one member winning a match vs. another member, and makes no representations about an individual member's chances of winning. Winners are determined by the objective criteria set out in each Tournament’s description as presented on the Website. You acknowledge and agree that you will not use the Website or Service for any form of illicit gambling.
4.2 Entry Requirements. By entering a Tournament, whether it is a Paid Tournament or not, you acknowledge and agree that you will be bound by these Tournament Rules, which are final and binding in all respects, in addition to all other terms of this Agreement. To be eligible to enter a Tournament pursuant to these Terms of Use, you must
4.3 Entry Prohibitions. These Terms of Use prohibit you from entering a Tournament if you
4.4 Improper Conduct. We may disqualify any Player from a Tournament, prohibit users from entering a Tournament, or refuse to award Prizes and invalidate, forfeit, and require the return of any Prizes in our sole discretion if the Player or user engages in any conduct that we deem to be improper, unfair, or otherwise adverse to the operation of the Tournament or is in any way detrimental to other Players (“Improper Conduct”). We urge all Players to report to us any suspected Improper Conduct or other violations of these Terms of Use. Players’ Improper Conduct includes, but is not limited to, the actions listed in Section 3 and the prohibitions listed in Section 4.3 of these Terms of Use and
4.5 Tournament Statistics and Live Scoring. All “live” gameplay statistics and other information offered through the Service and related information services are unofficial. Any statistics from third-party providers on the Service is made available solely for informational and/or entertainment purposes. We use reasonable efforts to ensure that such statistical information is accurate and up-to-date, but we do not warrant or make representations of any kind with respect to the information provided through the Service. You acknowledge and agree that Top Score and its third party providers are not, and will not be held, responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available through the Service, including any errors or omissions in that information.
4.6 Cancellations. We reserve the right to cancel Tournaments at any time and for any reason. In the event of a cancellation of a Paid Tournament, all entry fees will be returned to the customer except as provided in these Terms of Use.
4.7 Brand Ambassadors. Certain users will have the capability to coordinate, schedule, and maintain Tournaments (“Brand Ambassador”) and will receive a percentage of the Prizes for Tournaments he or she coordinates, schedules, or maintains. To become a Brand Ambassador, you must meet the requirements set out on the Website.
4.8 Player Information. Tournament entrants and winners consent to and allow Top Score to use, where legal, their name, voice, likeness, photograph, gamertag, Tournament statistics and results, and videos depicting any of the preceding items in this provision, in and in connection with the promotion, marketing, and advertising of the Service and past or future Tournaments, entrants, or winners.
5. Deposits, Prizes, and Withdrawals
5.1 Deposits. By depositing funds into the Service through the fund associated with your Account (“Account Fund”), you agree to provide us with information and documentation required to run appropriate identity checks, including, without limitation, a valid mailing address, date of birth, and social security number. Any deposits you make through the Service must be used solely to participate in a Tournament or other event or promotion through the Service. If we find, suspect, or believe, in our sole discretion, that you have used or plan to use funds in your Account Fund for any purpose other than participating in a Tournament or other event or promotion through the Service, we reserve the right to invalidate, forfeit, and deduct all deposits from your Account Fund balance in addition to suspending, restricting, or terminating your Account and/or access to the Service. If any deposit is charged back, that amount will be invalidated, forfeited, and deducted from your Account Fund balance. In addition, we will invalidate, forfeit, and deduct from your Account Fund balance any Prizes generated from Paid Tournaments whose entry fee you paid with deposits that were charged back. All taxes, fees, or charges associated with Account Fund deposits are solely your responsibility.
5.2 Prizes. After each Tournament, the winning Player(s) will be announced and the Prize will be added to his, her, or their Account Fund. We may, in our sole discretion, withhold, invalidate, forfeit, and deduct Prizes from your Account Fund if we believe that you have violated any terms of this Agreement or our Privacy Policy.
5.3 Withdrawals of Deposits and Prizes. Players may withdraw deposits and Prizes from their Account Fund through the Website (“Withdrawals”). Withdrawals will be made to the account or entity associated with the credit card or PayPal account associated with your Account or by check. All taxes, fees, or charges associated with Withdrawals are solely your responsibility. Before permitting or executing a Withdrawal, we may conduct checks for your compliance with these Terms, including close inspection of your deposit, Withdrawal, and other Service activity. We may also require you to provide us with information and documentation necessary to verify your identity prior to permitting or executing a Withdrawal either to determine eligibility or for tax reporting purposes (e.g IRS Form 1099-MISC).
5.4 No Refunds. You agree and acknowledge that your use of the Service is AT YOUR OWN RISK. We will not refund entry fees for Paid Tournaments if your connection to or ability to participate in that Tournament is severed, including but without limitation causes such as lost Internet connection, server outages, game console failure, controller failure, game breakage, or any other software, hardware, Internet, or Service failure.
6. User Content
6.1 Your Responsibility. You are solely responsible for the content and information that you post, upload, transmit, link to, record, display, or otherwise make available on the Service (collectively, “post”), including any type of textual, video, photographic, or audio content (including your Account username, gamertag, avatar, and Tournament statistics and results) whether publicly posted or privately transmitted (collectively, “Content”).
6.2 Screening. We reserve the right, but disclaim the obligation, to screen, review, filter, modify, censor, delete, or otherwise moderate any or all of the Content uploaded to, or downloaded from, the Service. In our sole discretion, we may monitor or review any Content you upload; however, no such review or similar actions will require us to continue to take such actions.
6.3 Security. We will use commercially reasonable security measures to maintain the security of your Content, however, you will not rely on this security and are personally responsible for taking the necessary steps to protect and backup your Content. You hereby agree that the security provided by Top Score, if any, was not a contributing factor to your decision to use the Service. We reserve the right to modify, or discontinue, our security measures at any time and without notice.
6.4 Ownership. You retain all ownership, rights, and interest in and to the Content that you post to the Service.
6.5 License. By using the Service, you grant Top Score a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, copy, store, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content that you post through the Service. Your grant of this license is for the purpose of Top Score’s operating, developing, promoting, marketing, advertising, providing, distributing, exploiting, and improving the Service, including the performance of any required maintenance or to investigate, or address, your full and complete compliance with these terms.
6.6 Prohibited Content. You will not post Content that'd
Any posting of the foregoing types of Content is grounds for immediate termination of your right to use and/or access the Service and can result in the permanent deletion of your Account.
7. Privacy Policy
We respect the privacy of our users and encourage you to read our Privacy Policy so that you may make an informed decision about using our Service and see how we are using the information that we gather.
8. Relation to Third Parties
8.1 No Endorsement. Top Score is not endorsed by or associated with, nor endorses, any of the video game developers or other companies associated with the video games connected or relating to our Tournaments, nor those companies’ games or other products.
8.2 Links. Top Score is not responsible for, nor makes any representations or guarantees relating to, any third party Internet links to any aspect of our Website or Service.
9. Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or have an Account. You may terminate your Account at any time, for any reason, through the proper function within the Service. We may terminate or suspend your Account at any time without notice if we believe, in our sole discretion, that you have breached this Agreement.
10. Intellectual Property
10.1 Copyright. Unless otherwise indicated, all Service materials, including, without limitation, text, the Top Score name and logo, and all designs, text graphics, sounds, music, videos, other such files, and the selection and arrangement thereof, are the proprietary and copyrighted property of Top Score or its licensors. You may electronically copy and print to hard copy portions of the Service for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior written permission of Top Score—is strictly prohibited. See Section 10.3, below, for the proper procedure for filing a copyright infringement notice.
10.2 Trademarks. Top Score, the Website, the Top Score logo, and any proprietary product or service names contained on the Service are either trademarks or registered trademarks of Top Score or its licensors, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Top Score, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names, or logos mentioned herein are the property of their respective owners.
10.3 Infringement. If you believe that any material on the Service infringes upon any copyright or trademark that you own or control, you may file a notice of such infringement (“Notice”) with our legal counsel:
Wolk & Levine, LLP
535 N. Brand Blvd., Suite 950
Glendale, CA 91203
Attn: Zachary Levine, Esq.
zjl@wolklevine.com
Please provide the following with your Notice:
a) Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Top Score will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
11. Disclaimer
THE SERVICE AND THE MATERIALS ON THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TOP SCORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TOP SCORE DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT TOP SCORE OR SERVICES PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT SUCH DEFECTS WILL BE CORRECTED. TOP SCORE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS RELATED SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TOP SCORE DOES NOT WARRANT, AND SPECIFICALLY DISCLAIMS SUCH WARRANTIES, THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION. BY USING THE SERVICE, YOU ACT AT YOUR OWN RISK AND REPRESENT AND WARRANT THAT YOUR ACCESS OR USE OF THE SERVICE IS LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
TOP SCORE IS NOT RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. TOP SCORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS, AND CANNOT GUARANTEE THAT CONTENT POSTED BY OTHER USERS WILL COMPLY WITH THIS AGREEMENT. YOU UNDERSTAND THAT TOP SCORE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS, BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
We reserve the right to modify or discontinue, temporarily or permanently, any and all content contained on the Service at any time with or without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Top Score.
12. Limitation of Liability
IN NO EVENT SHALL TOP SCORE OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TOP SCORE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, CONTENT, OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TOP SCORE’S RECORDS, PROGRAMS, OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TOP SCORE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TOP SCORE FOR ACCESS TO OR USE OF THE SERVICE.
13. Indemnity
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Top Score, our affiliates, and their and our respective officers, directors, agents, employees, partners, and representatives from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses (including attorney’s fees) due to, arising out of, or relating in any way your access to or use of the Service, your Content, or your breach of this Agreement.
14. Severability and Non-Waiver
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Top Score to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of Top Score’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.
15. Force Majeure
Top Score will not be liable for any delay in Service resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, strikes, fires, earthquakes, floods or other disasters, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages, power failures, or server downtime.
16. Merger
This Agreement constitutes the entire Agreement between the user and Top Score concerning the use of the Service, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings, or collateral agreements, expressed, implied, or statutory, between the parties other than as expressly set forth in this Agreement.
17. Applicable Law and Arbitration
The laws of the State of California will govern and construe these Terms of Use without giving effect to any conflict of laws provision to the contrary. By use of the Service, you irrevocably consent for any reason and all disputes with Top Score to the venue of state or federal courts located in the State of California. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any and all controversies, claims, or disputes arising out of or relating to this Agreement or the breach thereof, whether involving remedies at law or in equity, will be submitted to arbitration and adjudicated in the City of Los Angeles and the State of California in accordance with the rules of the American Arbitration Association. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. The losing party will bear the cost of arbitration, and the judgment upon award may be entered in any court having jurisdiction thereof. The arbitrator will issue a formal written opinion and will be the sole party to decide issues of unconscionability and the enforceability of this Agreement. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.
Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County.
18. No Joint Venture
Nothing in these Terms of Use will create or be construed as creating a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and Top Score.
QUESTIONS AND CONTACT INFORMATION
General questions or comments about the Top Score website or Service may be directed to support@topscoreleague.com.