Summit Esports LLC Terms of Service
Last Updated: February 21, 2025
1.1 Agreement to Terms
1.1.1 Overview: Welcome to Summit Seasons by Summit Esports LLC. These Terms of Service ("Terms") constitute a legal agreement between you and Summit Esports LLC. By accessing or using our Services (as defined in Section 3.1), you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.1.2 Eligibility: You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Summit Esports LLC and meet all eligibility requirements. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.
1.1.3 Changes to Terms: Summit Esports LLC reserves the right to modify, amend, or replace these Terms at any time. Notification of changes will be provided, and continued use of the Services after such changes constitute your acceptance of the updated Terms. It is your responsibility to review the Terms regularly.
1.1.4 Electronic Agreement: By accessing or using the Services, you agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Services.
1.1.5 Termination of Use: Summit Esports LLC reserves the right to refuse access to the Services to anyone for any reason at any time. We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
1.2 User Responsibilities
1.2.1 Continued Use: Your continued use of the Services after changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, please stop using the Services.
1.2.2 Contact Information: You agree to provide accurate and current information during the registration process and to update such information to keep it accurate and current. Summit Esports LLC is not responsible for any failure to deliver notices due to inaccurate or outdated contact information.
1.2.3 Legal Representation: If you do not agree with any provision of these Terms or our Privacy Policy, please do not use the Services. You should seek independent legal advice if you have any questions about your rights and obligations under these Terms.
1.3 Acceptance Confirmation
1.3.1 Express Acceptance: By using the Services, you acknowledge and agree to these Terms in their entirety. Your use of the Services constitutes a legally binding acceptance of these Terms.
1.3.2 Withdrawal of Acceptance: If you do not agree with any provision of these Terms, your only recourse is to cease using the Services.
2.1 Registration and Account Information
2.1.1 Account Creation: To access certain features of the Services, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete.
2.1.2 Account Credentials: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Summit Esports LLC immediately of any unauthorized use of your account or any other breach of security.Summit Esports LLC will not be liable for any loss or damage arising from your failure to comply with this section.
2.1.3 Third-Party Accounts: If you choose to connect your Summit Seasons account to a third-party account, you are responsible for complying with any terms and conditions of that third-party service and for authorizing us to access and use your account information as permitted by that service.
2.2 Account Security
2.2.1 Security Measures: Summit Esports LLC employs reasonable security measures to protect your account and the information associated with it. However, you acknowledge that no security system is impenetrable, and Summit Esports LLC cannot guarantee the security of our systems, or the information stored therein.
2.2.2 Unauthorized Access: You agree to promptly notify Summit Esports LLC of any unauthorized access to or use of your account. Summit Esports LLC reserves the right to suspend or terminate your account if we believe that your account is being used without authorization.
2.3 User Responsibilities
2.3.1 Compliance with Laws: You agree to use the Services in compliance with all applicable laws, regulations, and these Terms. You are solely responsible for ensuring that your use of the Services does not violate any third-party rights or any laws.
2.3.2 User Conduct: You agree not to engage in any activities that may interfere with or disrupt the Services, including but not limited to transmitting viruses, worms, or any other malicious code.
2.3.3 Content Creation: When creating and sharing content through the Services, you represent and warrant that you have the necessary rights, licenses, and permissions to do so. You further grant Summit Esports LLC a worldwide, royalty-free license to use, reproduce, modify, and distribute your content for the purpose of providing and improving the Services.
2.3.4 Accuracy of Information: You acknowledge that Summit Esports LLC relies on the information provided by you and that it is your responsibility to ensure that such information is accurate and up-to-date.
2.4 Account Termination
2.4.1 Termination by User: You may terminate your account at any time by following the instructions within the Services or by contacting us.
2.4.2 Termination by Summit Esports LLC: Summit Esports LLC reserves the right to suspend or terminate your account and access to the Services for any reason, without prior notice or liability, including but not limited to a breach of these Terms.
2.5 Data and Privacy
2.5.1 Privacy Policy: Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.
3.1 Purpose of the Services
3.1.1 Platform Description: Summit Esports LLC provides a platform that enables tournament organizers to create and customize esports websites ("Services"). This platform is named Summit Seasons. These websites are designed to facilitate the organization and management of esports tournaments.
3.1.2 License to Use: Subject to your compliance with these Terms, Summit Esports LLCs grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.
3.2 User Obligations
3.2.1 Lawful Use: You agree to use the Services in a lawful manner, abiding by all applicable local, state, national, and international laws and regulations.
3.2.2 Acceptable Use: You shall not engage in any activity that interferes with or disrupts the proper functioning of the Services, including but not limited to distributing malware, attempting unauthorized access, or engaging in any form of fraudulent or malicious activity.
3.2.3 Content Responsibility: You are solely responsible for any content you create, upload, or share using the Services. You represent and warrant that you have all necessary rights, licenses, and permissions to use and share such content.
3.3 Prohibited Activities
3.3.1 Unauthorized Access: You shall not attempt to gain unauthorized access to any part of the Services, or any systems or networks connected to the Services.
3.3.2 Abuse of Resources: You shall not engage in any activity that may overburden, harm, or impair the proper functioning of the Services, including but not limited to engaging in denial-of-service attacks or other forms of excessive usage.
3.3.3 Intellectual Property Violation: You shall not use the Services to infringe upon the intellectual property rights of others.
3.4 Modification and Termination of Services
3.4.1 Service Modification: Summit Esports LLC reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.
3.4.2 Termination of Use: Summit Esports LLC may, at its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, but not limited to, breach of these Terms.
3.5 Customization and User Content
3.5.1 Customization Features: Summit Seasons provides customization features to allow you to personalize an Esports portal. You understand and agree that any customization is subject to the limitations and guidelines of Summit Seasons.
3.5.2 User-Generated Content: By using the Services, you grant Summit Esports LLC a worldwide, royalty-free license to use, reproduce, modify, and distribute your user-generated content for the purpose of providing and improving the Services.
3.6 Third-Party Integrations
3.6.1 Third-Party Services: The Services may integrate with third-party services. Your use of such third-party services is subject to their respective terms and conditions, and Summit Esports LLC is not responsible for the functionality or security of such services.
3.7 Compliance with Policies
3.7.1 Policy Adherence: You agree to comply with these Terms, as well as any additional policies or guidelines provided by Summit Esports LLC, including but not limited to our Privacy Policy.
4.1 Ownership
4.1.1 Summit Esports LLC's Rights: Summit Esports LLC retains all right, title, and interest in and to the Services, including all intellectual property rights. You acknowledge that the Services and their components are protected by copyright, trademark, and other laws.
4.1.2 User's Rights: Subject to your compliance with these Terms, Summit Esports LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. This license does not grant you any ownership rights or rights to use Summit Esports LLC's branding or logos.
4.2 User-Generated Content
4.2.1 Grant of License: By creating, uploading, or sharing content on the Services, you grant Summit Esports LLC a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Services.
4.2.2 User Responsibility: You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Summit Esports LLC to use your user-generated content as contemplated by these Terms.
4.3 Restrictions
4.3.1 Limitations: You agree not to reproduce, modify, distribute, sell, lease, or otherwise exploit the intellectual property of Summit Esports LLC or any third party related to the Services, except as expressly authorized by Summit Esports LLC.
4.3.2 No Implied Licenses: No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Summit Esports LLC, except for the licenses and rights expressly granted in these Terms.
4.4 Trademarks
4.4.1 Summit Esports LLC Brand: Summit Esports LLC's name, logo, and any other Summit Esports LLC trademarks, service marks, graphics, and logos used in connection with the Services are owned by and reserved for Summit Esports LLC
4.4.2 Use of Brand: You agree not to use Summit Esports LLC's branding, service marks, graphics, or logos without the prior written consent of Summit Esports LLC. All other trademarks not owned by Summit Esports LLC that appear on the Services are the property of their respective owners which you agree to respect.
4.5 Copyright Complaints
4.5.1 Notice and Takedown: Summit Esports LLC respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please provide Summit Esports LLC's Agent with the following information:
A description of the copyrighted or trademarked work.
Identification of the allegedly infringing material.
Your contact information.
A statement by you, made under penalty of perjury, that the information provided is accurate.
4.6 Feedback
4.6.1 User Feedback: If you provide Summit Esports LLC with any feedback, suggestions, or other materials regarding the Services, Summit Esports LLC may use such feedback without any obligation to you.
4.6.2 Ownership of Feedback: You acknowledge and agree that any feedback you provide is the property of Summit Esports LLC and you hereby assign to Summit Esports LLC all right, title, and interest in and to any feedback.
5.1 Fees and Charges
5.1.1 Service Fees: Summit Esports LLC may charge fees for the use of certain features or services within the platform. The applicable fees will be clearly communicated to you before you use those features or services.
5.1.2 Payment Authorization: By providing payment information to Summit Esports LLC, you authorize us to charge the specified fees to the payment method you designate for the Services.
5.1.3 Taxes: You are responsible for any applicable taxes associated with your use of the Services. All fees are exclusive of taxes, and Summit Esports LLC may charge you for any such taxes.
5.2 Payment Methods
5.2.1 Authorized Payment Methods: You agree to provide accurate and complete payment information. Summit Esports LLC may accept various payment methods, including credit cards, debit cards, and other forms of electronic payment. You authorize Summit Esports LLC to store and use your payment information for future transactions.
5.2.2 Subscription Payments: If you subscribe to a paid service with recurring payments, you agree to the specified billing interval (e.g., monthly or annually). The recurring payment will continue until you cancel the service.
5.3 Billing and Invoicing
5.3.1 Billing Cycle: Billing cycles are determined by the type of service you have selected. The specific details of your billing cycle will be provided to you at the time of subscription or purchase.
5.3.2 Invoicing: Summit Esports LLC may provide invoices or statements detailing the charges for your use of the Services. You agree to promptly review and notify us of any discrepancies to our customer support team.
5.4 Refunds and Cancellations
5.4.1 Refund Policy: Summit Esports LLC may refund for services on a case by case basis. Should a refund be warranted, we will refund via your method of payment used to pay for the service.
5.4.2 Cancellation of Services: You may cancel your subscription or service at any time. If you cancel, you may lose access to certain features or services immediately or at the end of your billing cycle, depending on the terms of your subscription.
5.5 Account Suspension for Non-Payment
5.5.1 Non-Payment: If fees are not paid on time or if payment information is not accurate, Summit Esports LLC reserves the right to immediately suspend or terminate your access to the Services until the outstanding balance is settled.
5.6 Changes to Fees
5.6.1 Fee Changes: Summit Esports LLC reserves the right to change fees for the Services at any time. Fee changes will be communicated to you in advance, and your continued use of the Services after such notice constitutes acceptance of the new fees.
5.7 Contact and Support
5.7.1 Billing Inquiries: If you have any questions or concerns regarding billing, please contact our customer support.
6. Termination
6.1 Termination by User
6.1.1 Voluntary Termination: You have the right to terminate your account and use of the Services at any time. To do so, please follow the instructions provided on the platform or contact our customer support.
6.1.2 Consequences of Termination: Upon termination, you will lose access to certain features and content associated with the Services at the end of the billing cycle. Any outstanding fees or charges accrued before termination will remain payable.
6.2 Termination by Summit Esports LLC
6.2.1 Discretionary Termination: Summit Esports LLC reserves the right to terminate or suspend your account and access to the Services at its sole discretion and without prior notice. Grounds for such termination may include but are not limited to violation of these Terms, suspected fraudulent activity, or failure to pay applicable fees.
6.2.2 Consequences of Termination: Upon termination by Summit Esports LLC, you will lose access to the Services and any content associated with your account immediately. Any outstanding fees or charges accrued before termination will remain payable.
6.3 Effect of Termination
6.3.1 Data Retention: Upon termination, Summit Esports LLC may retain certain information as necessary for legal compliance, dispute resolution, and enforcement of these Terms.
6.3.2 User Obligations Post-Termination: Sections regarding intellectual property, confidentiality, data retention, and limitations of liability shall survive the termination of these Terms.
6.4 Suspension for Violations
6.4.1 Suspension Authority: Summit Esports LLCreserves the right to suspend your account and access to the Services immediately and without notice if we believe that your use of the Services violates these Terms or poses a threat to the security or integrity of the platform.
6.4.2 Notice of Suspension: At Summit Esports LLC’s discretion, Summit Esports LLC will notify you of the suspension and provide an opportunity to address and remedy the violation before termination.
6.5 Dispute Resolution Post-Termination
6.5.1 Dispute Resolution Continuation: Any disputes arising out of or related to the Services, even after termination, shall be resolved in accordance with the dispute resolution provisions outlined in these Terms.
6.6 User Data Post-Termination
6.6.1 Data Retrieval: Upon termination, Summit Esports LLCmay provide you with the opportunity to retrieve your user-generated content or other data associated with your account, subject to Summit Seasons's data retention policies.
6.6.2 No Obligation for Data Preservation: Summit Esports LLC has no obligation to preserve your data post-termination, and you are encouraged to back up any important information before terminating your account.
7.1 No Warranty; Use at Your Own Risk
7.1.1 As-Is Basis: Summit Esports LLC provides the Services on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, whether express, implied, or statutory, regarding the Services, including any warranty of merchantability, fitness for a particular purpose, or non-infringement.
7.1.2 User Acknowledgment: You acknowledge and agree that your use of the Services is at your own risk, and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the Services.
7.2 Limitation of Liability
7.2.1 Consequential Damages Waiver: To the maximum extent permitted by applicable law, in no event shall Summit Esports LLC or its affiliates, partners, officers, employees, agents, contractors, licensors, volunteers, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services; (v) any errors or omissions in any content or information provided by the Services; (vi) any third-party content accessed through the Services; or (vii) the defamatory, offensive, or illegal conduct of any third party.
7.2.2 Direct Damages Limitation: In no event shall Summit Esports LLC's aggregate liability for direct damages exceed the greater of (a) the total fees paid by you to Summit Esports LLC for the Services during the twelve (12) months preceding the claim.
7.3 Basis of the Bargain
7.3.1 Fundamental Understanding: You acknowledge and agree that Summit Esports LLC would not have provided the Services without the limitations set forth in this Section 7. The limitations of liability in this section are fundamental elements of the basis of the bargain between Summit Esports LLC and you.
7.4 Exclusions
7.4.1 Applicability: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth in Section 7 may not apply to you.
7.5 Indemnification
7.5.1 User Indemnification: You agree to indemnify and hold Summit Esports LLC, its affiliates, partners, officers, employees, agents, contractors, licensors, volunteers, and service providers harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
8.1 Modification of Terms
8.1.1 Right to Modify: Summit Esports LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. Notice of such modifications will be provided through the Services or via other means, such as email, at Summit Esports LLC's discretion.
8.1.2 Effective Date: Changes to these Terms will be effective immediately upon posting unless otherwise specified. Your continued use of the Services after the effective date of the modified Terms constitutes acceptance of the modifications.
8.2 Notification of Changes
8.2.1 Notice Mechanisms: Summit Esports LLC may, but is not obligated to, provide notifications of changes to these Terms through the Services, email, or other means. It is your responsibility to review the Terms regularly to stay informed of any changes.
8.2.2 User Acknowledgment: By using the Services, you acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications. Your continued use of the Services after any modifications signifies your acceptance of the modified Terms.
8.3 Dispute Resolution for Modifications
8.3.1 Dispute Resolution Continuation: Any disputes arising out of or related to modifications to these Terms shall be resolved in accordance with the dispute resolution provisions outlined in these Terms.
8.4 Opt-Out of Changes
8.4.1 Opt-Out Option: If you do not agree to any modifications to these Terms, your sole remedy is to terminate your account and cease using the Services. Continued use of the Services after modifications indicates your acceptance of the modified Terms.
8.5 Communication Preferences
8.5.1 Communication Options: You may manage your communication preferences, including notifications of changes to these Terms, by contacting Summit Esports LLC customer support team.
8.6 Governing Law for Changes
8.6.1 Jurisdiction for Changes: Any disputes arising out of or related to modifications of these Terms shall be governed by the laws of the state of Idaho without regard to its conflict of law principles.
9.1 Applicable Law
9.1.1 Jurisdiction: These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the state of Idaho without regard to its conflict of law principles.
9.2 Venue and Jurisdiction
9.2.1 Exclusive Jurisdiction: Any legal action or proceeding arising under or in connection with these Terms shall be brought exclusively in the federal or state courts located within the jurisdiction of the state of Idaho, and you hereby consent to the personal jurisdiction of such courts.
9.3 Dispute Resolution
9.3.1 Mediation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to attempt to resolve the dispute through mediation conducted by a mutually selected mediator before resorting to arbitration or litigation.
9.3.2 Arbitration: If mediation is unsuccessful, any unresolved dispute shall be resolved by binding arbitration and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
9.4 Waiver of Jury Trial
9.4.1 Jury Trial Waiver: To the fullest extent permitted by applicable law, you and Summit Esports LLC waive the right to a trial by jury in any legal proceeding arising out of or relating to these Terms.
9.5 Class Action Waiver
9.5.1 No Class Actions: You and Summit Esports LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This class action waiver shall be deemed severable and shall not affect the validity and enforceability of any remaining waiver of arbitration.
9.6 Language of Agreement
9.6.1 Language: The language of these Terms and all communications relating to these Terms shall be English. In the event of any inconsistency or discrepancy between the English version and any translations, the English version shall prevail.
9.7 Changes to Governing Law
9.7.1 Amendments to Governing Law: Summit Esports LLC reserves the right to change the governing law and jurisdiction provisions of these Terms at any time. Such changes will be effective immediately upon posting, and your continued use of the Services after such changes constitute acceptance of the modified governing law.