This Terms of Service explains the expectations of Progeny (“Progeny”, “We”, “Us”, “Our”) with regard to the users ("Users", "You) on Our website https://progenyesports.org and all subdomains (“Sites”), mobile application (“Apps”) or other services (“Services” which include the website and mobile application).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will notify you through either the Site user interface, an email notification, or other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain components of the Services, you will be subject to any additional terms, policies, rules, or guidelines applicable to the Site or such components of the Site that may be posted on the Site from time to time, including, without limitation, the Privacy Policy (located at https://progenyesports.org/Privacy). All such terms are hereby incorporated by reference into these Terms of Service.
Any failure of Progeny to enact upon any right or provision in these terms of service does not constitute a waiver of those rights or a permission to perform actions that violate these terms of service.
Access and Use of the Site
Service Description
- On Our Website (https://progenyesports.org) we make available to Users information, content and application materials regarding Progeny such as stream video, information regarding tournament dates and how to apply.
- By using any of the services on the Website, You accept and agree to abide by these Terms of Service.
- Unless otherwise specified, these Terms of Service apply to any use of the Website, including any of the services mentioned above.
Age Restrictions
We do not knowingly allow users aged under 13 access to the site. Users under 13 years old are not allowed to access the Website or use any of its services.
Site Modifications
Progeny reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Progeny will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Intellectual Property Rights
Site Content, Software, and Trademarks
You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Progeny you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Progeny from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Progeny.
The Progeny name and logos are trademarks of Progeny. Other trademarks used and displayed via the Site may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Progeny. Nothing in this Terms of Service or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Progeny trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Progeny trademarks will ensue to our exclusive benefit.
Third Party Material
Under no circumstances will Progeny be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Progeny does not pre-screen content, but that Progeny and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, Progeny and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Progeny, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Copyright Complaints
Progeny respects the intellectual property of others and we ask our users to do the same. If you believe your work has been copied in a way that constitues copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Progeny of your infringement claim in accordance with the procedure set forth below.
Progeny will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement.
You may notify Progeny of claimed copyright infringement via email: legal@progenyesports.org
Copyright Infringement Claims
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Commercial Use
Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The buying, exchanging, selling, and/or promotion (commercial or otherwise) of views, interactions, submissions, accounts (or any aspect of your account or any other account), and/or content is strictly prohibited, constitutes a material breach of these Terms of Service, and could result in legal liability.
Third Party Websites
The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. Progeny has no control over such sites, resources or applications and Progeny is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that Progeny will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Progeny is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify, and hold Progeny and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Site or any related information, your violation of these Terms of Service, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
Your use of this site is at your sole risk. The site is provided on an "as is" basis. Progeny makes no warranty that the site will meet your requirements, will be uninterrupted, timely, secure or error-free, or that the results obatined from the use of the site will be accurate or reliable.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROGENY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GLIMESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE.
General Information
These Terms of Service constitute the entire agreement between you and Progeny and govern your use of the Site, superseding any prior agreements between you and Progeny with respect to the Site. These Terms of Service will be governed by the laws of The United Kingdom of Great Britain and Northern Ireland without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Progeny agree to submit to the personal and exclusive jurisdiction of courts located within The North East of England, UK. The failure of Progeny to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Progeny, but Progeny may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site. In the event of a conflict of a translated version of these Terms of Service and the English language version of these Terms of Service, the English Version of these Terms will be the control document.
Further information
Please contact us at legal@progenyesports.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Site.