TRICK2G LLC® Web Site Terms and Conditions of Use
Trick2G LLC LLC, a Virginia limited liability company (“Trick2G LLC”), offers all information, software, products and services available from this web site or offered as part of or in conjunction with this web site, including but not limited to coaching of online video game players, organizing online video games and facilitating the provision of commentary on online video games (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here (“Terms and Conditions”). Trick2G LLC reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions, policies and notices, and any changes to these Terms and Conditions made by Trick2G LLC. The term “Trick2G LLC” shall refer to and include the Web site, and wherever you have agreed to indemnify Trick2G LLC, or that Trick2G LLC shall have no liability, the term “Trick2G LLC” shall include all of its members, managers, officers, employees, agents, volunteers and Trick2G LLC Broadcasters. The term “Trick2G LLC Broadcasters” shall refer to independent contractors engaged by Trick2G LLC for the general purpose of organizing and coaching online video games and providing commentary on online video games to online video game participants.
Personal and Noncommercial Use
The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to Trick2G LLC that you will not use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Use by Minors
Trick2G LLC prohibits use of the Web site by persons under the age of 13. If you are between the ages of 13 and 18 (or between the age of legal majority in your country of residence), you may only use the Web site under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. By using the Web site, you represent that you are at least 13 years of age.
No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TRICK2G LLC MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither Trick2G LLC nor its employees, volunteers, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Trick2G LLC. Trick2G LLC reserves the right to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TRICK2G LLC OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO TRICK2G LLC OR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, VOLUNTEERS OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
Indemnification
You agree to defend, indemnify, and hold Trick2G LLC, its members, managers, officers, affiliated companies, employees, volunteers, agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web site, or any content, product or service offered through the Web site, in a manner that violates or is alleged to violate these Terms and Conditions. Trick2G LLC shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Featured Links and Advertisements
The Web site may contain hyperlinks to web sites or services offered by parties other than Trick2G LLC. Such hyperlinks are provided for your reference and convenience only. Trick2G LLC is not responsible for the privacy practices or the content of such web sites; nor does Trick2G LLC’s inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with Trick2G LLC (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on this Web site, Trick2G LLC does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on this Web site, including any sponsors of all or part of this Web site.
Trick2G LLC does not disclose personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to Trick2G LLC’s control. To ensure protection of your privacy, always review the privacy policy of the web sites you may visit by linking from the web site.
Linking
Unless you are subsequently advised otherwise by Trick2G LLC, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. Trick2G LLC reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Web site or any of its content or copy portions of the Web site to a server, except as part of an internet service provider’s incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site.
Software Available on Web Site
Any software that is made available to download from this Web site is the copyrighted work of Trick2G LLC and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Trick2G LLC hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Trick2G LLC in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the Web site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Trick2G LLC. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Trick2G LLC or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:
Christian & Barton LLP
Attn: Belinda D Jones, Esquire
901 East Cary Street, Suite 1800
Richmond, Virginia 23219-4037
Phone : 804.697.4100
bjones@cblaw.com
Trademarks
“Trick2G LLC” and “SUBWARS” are registered trademarks of Trick2G LLC and Team2g and they are protected by state and federal trademark laws. Other trademarks appear on the Web site with permission from their respective owners. You are not authorized to use any of these trademarks by your access to this Web site. Please contact Trick2G LLC at the contact information provided above for any necessary consent. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
Trick2G LLC reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions. If Trick2G LLC receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, Trick2G LLC may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.
Copyright Infringement
Trick2G LLC will not tolerate copyright infringement of any kind. Trick2G LLC does not, however, monitor user-submitted content for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending Trick2G LLC notice that includes all of the following information: your full name, address and telephone number; your e-mail address; identification of the copyrighted work(s) that you believe is being infringed; identification of the infringing material and information sufficient for Trick2G LLC to locate the material; your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner; and your physical or electronic signature.
Direct such notice to Trick2G LLC’s designated agent for receiving copyright infringement notices:
Belinda D. Jones, Esquire
Christian & Barton LLP
Attn: Belinda D Jones, Esquire
901 East Cary Street, Suite 1800
Richmond, Virginia 23219-4037
(804) 697-4100
bjones@cblaw.com
Upon receipt of notice complying with the above requirements, Trick2G LLC will act to remove infringing material and, if applicable, send notice to the user that posted such material on the Web site.
If Trick2G LLC removes material posted by you as a user due to alleged copyright infringement, you may seek to have the material reinstated by notifying Trick2G LLC’s designated agent in writing and including the following information: your full name, address and telephone number; your e-mail address; identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Eastern District of Virginia (where Trick2G LLC may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent; and your physical or electronic signature.
Upon receipt of a notice meeting the above requirements, Trick2G LLC will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, Trick2G LLC will replace or enable access to the removed material unless Trick2G LLC receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Trick2G LLC and/or the copyright owner or Web site user.
Community Forums
Trick2G LLC may provide groups, forums, blogs, chat rooms, chat boxes, message boards, and private e-mail options, and links to Trick2G LLC Broadcaster Twitch channels in which users may create, post or store messages or content (collectively referred to herein as “Community Forums”) on the Web site. If Trick2G LLC provides any such Community Forum or if you use a Community Forum, you are solely responsible for your own communications and content and the consequences of posting such communications and content. Trick2G LLC does not assume any responsibility for the consequences of any Community Forum communications or content on or arising from use of the Web site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Comments or opinions expressed on a Trick2G LLC Broadcaster’s Twitch channel are those of their respective contributors only, and the views expressed do not necessarily represent the views of Trick2G LLC, its management or employees. Trick2G LLC is not responsible for, and disclaims any and all liability for the content of comments made by Trick2G LLC Broadcasters.
In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Do not disrespect the privacy and views of others;
Do not use the Community Forums for commercial purposes, including the promotion of any specific goods or services;
Do not post obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false information;
Do not post blatant expressions of bigotry, racism or hate, material encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority, or any other material which Trick2G LLC finds objectionable;
Do not post any instructional information or messages encouraging or promoting suicide, or other harm to oneself or others or facilitating illegal conduct;
Do not use the Community Forums for unlawful purposes;
Do not impersonate another person including, without limitation, a Trick2G LLC employee, agent or service provider or another member;
Do not allow any other person or entity to use your identification to post or view comments; and
Do not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others;
Do not circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Web site;
Do not engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Do not interfere with, disrupt, or create an undue burden on the Web Site or the networks or services connected to the Web Site;
Do not engage in any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, updates or blogs; and
Do not use any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Web Site for the purposes of sending unsolicited or unauthorized material.
Do not violate any guidelines which may be posted for any or all Community Forums.
Trick2G LLC reserves the right to record dialogue in Community Forums. Trick2G LLC is not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to these Terms and Conditions, Trick2G LLC may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. Trick2G LLC reserves the right to remove communications that are abusive, illegal, disruptive or that otherwise fail to conform with these Terms and Conditions. Trick2G LLC reserves the right (but is not obligated) to delete any communications posted on the Web site, regardless of whether such communications violate these Terms and Conditions.
Furthermore, Trick2G LLC reserves the right (but is not obligated) to monitor or disclose any type of posting on the Community Forums for adherence to these Terms and Conditions, if required in the course of normal operations and maintenance of the Web site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Trick2G LLC or others; or (iii) act in an emergency to protect the personal safety of our users or the public. TRICK2G LLC HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
If Trick2G LLC offers the option of private email messages between users through a Community Forum or elsewhere on its Web site, Trick2G LLC may not be able to monitor the content of those communications from a technical standpoint, and does not plan to monitor those communications, so users should be particularly aware of the risks of inappropriate content. Trick2G LLC shall have no responsibility or liability for private email messages among users, or any consequences arising from such messages.
Trick2G LLC reserves the right to employ filters to automatically screen out postings or information which Trick2G LLC deems inappropriate based on search terms it has chosen to “flag” inappropriate content (which may include some personally identifiable information in Trick2G LLC’s discretion).
Trick2G LLC does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
Any public or restricted Community Forum areas are for discussion and debate only. You may not use any Community Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the internet does not mean it is in the public domain. The vast majority of materials on the internet are protected by copyright and trademark laws. Trick2G LLC shall have the right, but not the obligation, to monitor any Community Forum areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by Trick2G LLC from time to time.
By posting messages or other material in any Community Forum areas of the Web site, you are granting to Trick2G LLC and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Through your use of the Trick2G LLC Community Forums, you are agreeing to all of the aforementioned terms and conditions for such Community Forums contained herein.
You agree to defend, indemnify and hold harmless Trick2G LLC and its members, managers, officers, affiliated companies, employees, volunteers, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any Community Forums or use by others of any community forums with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
Subwars®
All Subwars participants consent and are subject to these Terms and Conditions. By participating in Subwars, you acknowledge and agree that your Subwars game may be aired on a broadcaster’s Twitch channel. A Trick2G LLC Broadcaster or other broadcaster may critique game play and entertain the stream during your game. Broadcaster comments and critique may be direct and severe but are all provided in the spirit of fun and learning the game. By participating in Subwars, you acknowledge that you may be harshly critiqued, and consent to any and all such comments and critiques. Trick2G LLC is not responsible for and does not endorse the comments of Trick2G LLC Broadcasters or any other broadcaster. By participating in Subwars, you also acknowledge and agree to the following rules:
1.) No smurfing. You are required to play Subwars on your highest ranked account. For example, it does not matter if your main account is silver but your smurf account is gold, you agree to play on the gold account. Violation of this rule may result in a permanent ban from Subwars participation and Trick2G LLC Broadcaster channels.
2.) No toxic language. Subwars is intended to be a competitive environment in which the expression of constructive criticism and ideas are permitted. However, toxicity, trolling, constant negativity and berating of other participants and teams will not be tolerated and will be addressed individually, subject to the sole discretion of Trick2G LLC.
3.) No spoilers. When your Subwars game ends, you are prohibited to talk in chat while the game is live on stream. Violation of this rule may be result in suspension from Subwars participation and Trick2G LLC Broadcaster channels.
General
These Terms and Conditions (including Trick2G LLC’s Privacy Policy available here, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and Trick2G LLC with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
Trick2G LLC reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by Trick2G LLC. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of either you or Trick2G LLC to exercise any right or enforce any provision of these Terms and Conditions shall not constitute a waiver of such right or provision. A waiver by either party of any provision of these Terms and Conditions shall not constitute or operate as a waiver of any succeeding breach of that provision or of any other provision. No waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by the party waiving the rights.
Jurisdiction
The Web site is controlled and operated by Trick2G LLC from its principal office in the Commonwealth of Virginia, United States of America. Trick2G LLC makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject Trick2G LLC, or any content providers to this web site, to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.
These Terms and Conditions of Use and Privacy Policy shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction and venue of the state circuit courts and federal courts located within the Commonwealth of Virginia to resolve any claim or dispute arising out of or based upon the Web site, or these Terms and Conditions of Use and Privacy Policy.
Contests
From time to time Trick2G/Team2G will run contests for talent, art,music or creative entries. These works are voted on by the Community or staff and will be posted as such. All entries must be the work owned by the person(s) submitting the work or have written permission to use it. Any entry found to be not owned or permitted use of will be disqualified. Trick2G LLC reserves the right to disqualify any and all entries that deem to be copyright infringed upon, offensive, abusive or racist for any reason and entrant will be prohibited from future entries.
Contacting Us
If you have any questions about these Terms and Conditions, the practices of the Web site, or your dealing with Trick2G LLC, you may contact us here.
