Terms of Service
Updated Terms of Service, Super League properties (spring 2022)
These terms apply to your use of this product, service, or Web site.
Welcome to bannerfy.com, a subsidiary of Super League Gaming, Inc. Your use of our products, services, and content is governed by this agreement, which is between you and Super League Gaming, Inc.
Please read these terms carefully. If you do not agree to them, do not install, use, or view our products, services, or content.
YOU MUST AGREE TO THESE TERMS IN ORDER TO ACCESS OR USE ANY OF OUR PRODUCTS, SERVICES, OR CONTENT. YOU ARE NOT AUTHORIZED TO INSTALL, ACCESS, OR USE OUR PRODUCTS, SERVICES, OR CONTENT IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (IN SECTION 10), WHICH APPLIES TO THE RESOLUTION OF ANY DISPUTES YOU MAY HAVE WITH SUPER LEAGUE GAMING, INC. AND/OR ITS SUBSIDIARIES. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER APPLY IN ALL JURISDICTIONS EXCEPT WHERE OTHERWISE PROHIBITED.
Table Of Contents:
- Your Account
- Your Access
- No Guarantee of Availability or Interoperability
- Your License to Super League Gaming, Inc.
- Termination and Penalties
- Third Parties; Indemnification
- Warranties; Limitation of Liability
- Changes to this Agreement; Governing Law
- Dispute Resolution by Binding Arbitration; Class Action Waiver
- Your Account.
Many of our products and services require you to create an account. To create an account you must be at least 13 years old, and if you are a minor both you and your parents must read and agree to these terms. Super League Gaming, Inc. and its subsidiaries can suspend or terminate your account if you violate these terms. Some of our products and services integrate with third party platforms. When this is the case, you must also agree to all terms required by the third party, and if you violate its terms your account information may be provided to that third party so it can similarly suspend or terminate your activity.
You may need an account to access and use our products, services, and content. You agree to be truthful and accurate in the information you provide us. You may only use our products and services in countries and jurisdictions where it is legal to do so.
You may not create an account if you are under 13 years old. If you are between the ages of 13 and 18 years old, you and your parent or guardian must both agree to these terms.
You must be careful to comply with these terms when using your account, and you are responsible for the actions of anyone else who uses your account. Conduct that violates these terms, or the terms of any third party platforms with which our products, services, and content may be integrated, can result in the suspension or termination of your account, and can further result in our providing your account information to any third party with which our products, services, and content may be integrated.
- Your Access
You may use our products, services, and content in accordance with these terms.
This agreement grants you a non-transferable, revocable, and non-exclusive license to use our products, services, and content. This license does not permit you to access, copy, use, or distribute any of our intellectual property except as expressly authorized by us or permitted by law. Super League Gaming, Inc. and its subsidiaries reserve all right, title, and interest to all of the intellectual property comprising their products, services, and content. Unless otherwise agreed by us in writing or permitted by law, you must not reverse engineer or attempt to extract or use our source code or other data from our products, services, or content, and you must not attempt to circumvent any content protection measures we put in place.
1. No Guarantee of Availability or Interoperability
Our products, services, and content may sometimes be unavailable, and may not function properly on all devices or in all circumstances.
You agree that our products, services, and content are subject to the uncertainties of technology, connectivity, and geography. Despite our best efforts to provide you with an excellent experience, you understand and agree that we do not provide any guarantees that you will be able to access or use our products, services, and content.
4. Your license to Super League Gaming, Inc
Super League Gaming, Inc., its subsidiaries, and where applicable its authorized users may use anything you create while using our products, services, and content. Anything you upload or create must belong to you or must be licensed to you for that particular use.
While using our products, services, and content, you may create or upload material. You must own the intellectual property rights to such material, or have a valid and applicable license for your use. With respect to material you create or upload in the course of using our products, services, and content, you grant Super League Gaming, Inc., its subsidiaries, licensors, and licensees, a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the material you have created or uploaded, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. This license requires no notice, attribution or compensation to you.
5. Termination and Penalties
If you breach this agreement or break the law, we may suspend or terminate your access to our products, services, and content, and there may be other consequences.
Either party may terminate this agreement. If you violate any of the terms of this agreement, we may suspend or terminate your account and your access to any or all of our products, services, and content. We reserve the right to cooperate with law enforcement requests, subpenas, and court orders that are properly issued and authorized. If you do or are accused of doing something unlawful or legally actionable that involves our products, services, or content, we may respond to any such request, subpena, or court order in ways that may supply information or evidence that may be used against you, or in ways that may be otherwise detrimental to your interests.
If you terminate this agreement, you must cease all use of and access to our products, services, and content.
Sections 4, 6, and 8,9 of this agreement survive the termination of this agreement.
6. Third Parties; Indemnification
You are responsible for your actions and conduct, including while using integrated third party services that are not part of Super League Gaming, Inc. or its subsidiaries.
Some of our services integrate with those of third parties that are not part of Super League Gaming, Inc. or its subsidiaries. These third parties may have additional terms, rules, and restrictions that apply to your use of their services. Should you violate those terms, rules, or restrictions, Super League Gaming, Inc. and its subsidiaries may provide your account information to those third parties on request.
Your conduct and actions while using our products, services, and content, including while using third party services with which they may integrate, and your compliance with applicable third party terms, rules, and restrictions, are your own responsibility, and not that of Super League Gaming, Inc. or its subsidiaries. You agree to defend and indemnify Super League Gaming, Inc. and its subsidiaries and hold them harmless from and against any claims or causes of action that may arise from your use of or access to our products, services, or content.
7. Warranties; Limitation of Liability
We make no promises about our products, services, or content, and the damages you may seek in a legal action against us are limited.
THESE PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." SUPER LEAGUE GAMING, INC., ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS AND/OR CONTRACTORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ITS PRODUCTS, SERVICES, OR CONTENT, OR THE INFORMATION AVAILABLE THROUGH THEM. SUPER LEAGUE GAMING, INC., ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS AND/OR CONTRACTORS CANNOT AND DO NOT GUARANTEE THAT ITS PRODUCTS, SERVICES, OR CONTENT WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR AVAILABLE AT A GIVEN SPEED OR ON A GIVEN DEVICE, OR THAT ITS PRODUCTS, SERVICES, AND CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THESE PRODUCTS, SERVICES, AND CONTENT IS AT YOUR SOLE RISK. THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THESE PRODUCTS, SERVICES, AND CONTENT. IF YOU RELY ON THESE PRODUCTS, SERVICES, OR CONTENT, OR ANY MATERIAL ACCESSIBLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM, UPLOADED OR OTHERWISE PROVIDED THROUGH THESE PRODUCTS, SERVICES, AND CONTENT.
8. Changes to this Agreement; Governing Law
Should you want to change the terms of this agreement, you must obtain our written approval and signature. We may update this agreement from time to time and your failure to agree to the terms of the updated agreement may result in loss of use and access to our products, services, and content. Except as otherwise provided by law, this agreement is governed by the laws of the State of California, USA.
This agreement, together with any other agreements or terms that govern your use of products, services, and content provided by Super League Gaming, Inc. and its subsidiaries, constitutes the entire agreement between you and Super League Gaming, Inc. You may not amend or modify this agreement except in writing signed by Super League Gaming, Inc.. The failure of Super League Gaming, Inc. to exercise any right under this agreement shall not constitute a waiver of the right or any other right. If any part of this agreement is held to be unenforceable, all other parts of this agreement shall continue in full force and effect.
Super League Gaming, Inc. may update this agreement from time to time. If we make any material changes to this agreement we will ask you to accept those changes. Should you decline to do so, you may not be permitted to continue to use and access our products, services, and content.
Except as otherwise required by law, this agreement is governed by the laws of the State of California, USA. You expressly agree that any claims and disputes arising under this agreement that are not subject to the arbitration agreement included herein are subject to the exclusive jurisdiction of the federal or state courts in Los Angeles County, California, USA, and you expressly agree you are subject to the personal jurisdiction of such courts.
9. Dispute Resolutions By Binding Arbitration; Class Action Waiver
If you wish to bring a claim under this agreement, you agree to resolve the claim in arbitration. You agree that any claim you bring against us is in your individual capacity, and not as a class member, class representative, or as part of a class action.
Please review this provision carefully; it affects your legal rights. Arbitration of a dispute will result in the loss of any right to participate in a class action lawsuit related to the claim arbitrated.
Arbitration. Except if you opt out as provided below, you agree to arbitrate any claim or dispute between you and us arising from or related in any way to this agreement or to your use of our products, services, or content. This arbitration provision applies regardless of whether the claim or dispute is based in contract, tort, or other grounds. All such claims and disputes will be resolved by individual (not class-wide) binding arbitration instead of a lawsuit or other resolution in court. This arbitration provision does not apply to any individual action brought in small claims court (or your state court equivalent). If you live in the United States, arbitration will take place in the county in which you reside. If you live outside the United States, arbitration shall be initiated in the County of Los Angeles, State of California, United States of America, and you and Super League Gaming, Inc. agree to submit to the personal jurisdiction of that court in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award arrived at in arbitration.
Recovery of Fees and Costs. You agree that the prevailing party shall be awarded its fees and costs, including attorneys’ fees, at the conclusion of any arbitration proceedings hereunder.
Arbitrators and Arbitration Rules. Arbitration shall take place either before the American Arbitration Association (“AAA”), or Judicial Arbitration and Mediation Services (“JAMS”). The rules and codes of procedure of the chosen organization in effect when arbitration is elected will apply. Arbitration will be conducted by a panel of three arbitrators. Each party will select an arbitrator within ten days of the filing of the arbitration, with such selected arbitrators themselves selecting the third arbitrator, who will serve as chair of the panel, within twenty days of their appointment. The arbitrators are bound by the terms of this agreement.
Effect of Arbitration Award. The arbitrators’ decision and award will be final and binding on all parties, except for any right to appeal provided by the Federal Arbitration Act, and may be entered in any court, state or federal, having jurisdiction. Any relief available in a court of law can be awarded by the arbitrators.
Federal Arbitration Act. This agreement and its covered activities are considered transactions in interstate commerce. As such, the Federal Arbitration Act (Title 9 of the US Code) governs the interpretation and enforcement of this arbitration provision. Any issue concerning the validity or enforcement of this arbitration provision, or whether it applies to any specific claim or dispute, will be determined by the arbitrators.
CLASS ACTION WAIVER. Unless prohibited by applicable law, arbitration will be solely brought in your individual capacity and be solely between you and us. With respect to your use of our products, services, and content, and with respect to all disputes arising under this agreement, you waive the right to participate in a class action in court or arbitration, either as a class representative or class member. No arbitration between you and us may be joined or consolidated with any other arbitration. Under no circumstances shall there be any class action in arbitration. You and Super League Gaming, Inc. and its subsidiaries acknowledge this Class Action Waiver is material and essential to the arbitration of any claims or disputes, and is non-severable from this arbitration provision. If this Class Action Waiver is limited, voided or found unenforceable, then this arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of this Class Action Waiver.
Severability; Survival. Except as provided in the Class Action Waiver above, if any term of this arbitration provision is found unenforceable for any reason, it shall be severed and the remaining terms shall be enforced without regard to the invalid or unenforceable provisions. This arbitration provision shall survive termination of the agreement.
RIGHT TO OPT OUT. YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE, AND THE CLASS ACTION WAIVER ABOVE, BY SENDING US AN EMAIL AT: firstname.lastname@example.org. YOUR EMAIL MUST INCLUDE YOUR NAME AND YOUR USER NAMES RELATED TO YOUR ACCOUNTS WITH US, AND MUST INDICATE YOUR CHOICE TO OPT OUT OF THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION. NOTICE MUST BE RECEIVED WITHIN SIXTY (60) DAYS AFTER YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU FAIL TO OPT OUT WITHIN THIS SIXTY (60) DAY PERIOD, YOU WILL BE DEEMED TO HAVE PROVIDED YOUR CONSENT TO THE RESOLUTION OF CLAIMS OR DISPUTES THROUGH BINDING ARBITRATION. OPTING OUT OF ARBITRATION WILL NOT TERMINATE OR EFFECT ANY OTHER RIGHTS YOU OR WE HAVE UNDER THIS AGREEMENT. IF YOU OPT OUT, YOU MUST OPT OUT OF ALL TERMS OF THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION. YOU MAY NOT OPT OUT OF ONLY CERTAIN TERMS.
Last Updated: August 4, 2022