By using BlackFlag, you agree to these terms and conditions. You can read the abbreviated legal document if you want, but here's the full T&C.
These Terms constitute a binding agreement between you and BlackFlag ("BlackFlag," "we," and "us,"). "You" and "users" means all visitors to and users of the Application. You accept these Terms each time you access the Application. If you do not accept these Terms, you must not use the Application. If you are under 18 years of age (19 if you are a legal resident of Alabama or Nebraska), you represent and agree that you possess the legal consent of your parent or guardian to access and use the Application.
Use of the Application constitutes acceptance of these Terms. These Terms will continue in force and effect for as long as you use the Application unless we inform you otherwise. We reserve the right to change the Terms at any time in our sole business discretion. We will make reasonable efforts to notify users of changes to the Terms via the Application. You should revise these Terms periodically to check for any updates. Your continued use of the Application after any changes to these Terms constitutes your acceptance of these the changes.
Capitalized words or terms used in these Terms have the specific definitions given to them when first used.
"Post" and "Posting" means the act of submitting, uploading, publishing, displaying, or similar action on the Application. The Application is an online platform allowing registered users to win prizes by playing skill-based video games (a "Game").
1. Eligibility to Use the Application
A. Children. No part of the Application is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SERVICE AT ANY TIME OR IN ANY MANNER.
B. Residence. To use the Application you must be a United States or Canadian legal resident and live in a state where competing and paying to compete in skill-based contests is legal. Participation in fee-based tournaments for prizes is prohibited in the following states, without limitation: Iowa, Louisiana, Maryland, Montana, Tennessee. State laws change and participating in Games or using the Application may be illegal in your state of residence as well. It is solely your responsibility to make sure it is legal to participate prior to playing a Game. You will indemnify and hold us harmless from any liability arising out of your use of the Application where such use is prohibited by law. GAMES ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
C. Other Requirements. You are not eligible to use the Application if you conduct a business that involves negotiating, placing or receiving bets. Additionally, the following persons are not eligible to arrange, enter, establish, and/or participate in any Game through the use of the Application, or to receive any prize: except with respect to arranging, entering, establishing and/or participating in any Game for demonstration purposes, employees, immediate family of employees, agents, and contractors of BlackFlag (including any affiliates) and those of any other manufacturer or developer of the games or equipment used for Games arranged or established through the Application (i.e., any person with access to non-public information regarding the operation of any Game arranged or established through the Application).
2. User Accounts
A. Creating an Account. To create an account (an "Account"), each user (a "User") must provide an email address. Users must also link the accounts associated with each particular Game to their Account, such as Rocket League. Finally, in order to play some Games through the Application, a User must link to the User's Account to a Dwolla account. Each User may only create one Account on the Application.
B. Your Credentials. Your Account is personal to you, and you may not share your Account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Application and to preserve the confidentiality of your username and password, and any device that you use to access the Application.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your Account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify BlackFlag by e-mail email@example.com. You will be solely responsible for the losses incurred by BlackFlag and others due to any unauthorized use of your Account.
4. BlackFlag's Content Ownership and Use
A. BlackFlag Content. The contents of the Application include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other BlackFlag content (collectively, "BlackFlag Content"). All BlackFlag Content and the compilation (meaning the collection, arrangement, and assembly) of all BlackFlag Content are the property of BlackFlag or its licensors and are protected under copyright, trademark, and other laws.
B. License to You. Subject to these Terms, you may access and use the Application and the BlackFlag Content, at our discretion. Any other use is expressly prohibited. Unauthorized use of the BlackFlag Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original BlackFlag Content on any copy you make of the BlackFlag Content.
C. BlackFlag Marks. BlackFlag, the BlackFlag logo, and other BlackFlag logos and product and service names are or may be trademarks of BlackFlag (the "BlackFlag Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the BlackFlag Marks.
D. The Application contains content from other BlackFlag licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Application.
5. User Content
A. BlackFlag Claims No Ownership. The Application may provide you with the ability to create, post, or share content ("User Content"). BlackFlag claims no ownership or control over your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Application. You are responsible for protecting those rights.
C. You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the Application, any right, title, or interest in or to such content delivered via the Application or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
D. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the User Content posted by you on or through the Application or otherwise have the right to grant the license set forth in these Terms, (ii) the Posting and use of any User Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the Posting of User Content on the Application does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you Post on or through the Application. You also acknowledge and agree that your User Content is non-confidential and non-proprietary.
E. Messages. The Application may allow you to send messages ("Messages") to other Users. Sending Messages is a privilege, and BlackFlag may terminate such privileges of any User at any time and for any reason, without any liability to such User. Harmful, obscene, or offensive communications are not welcome in any Messages. If a User sends you an objectionable Message, then please notify us by sending an e-mail firstname.lastname@example.org. Messages will be treated as User Content, except that the license grant in Section 4.B will be limited to the sole purpose of transmitting your Message to its intended recipient.
6. Copyright Issues. If you are a copyright owner and believe your copyrighted material has been used on the Application in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written and email notices to:
Evolve Labs LLC
Attention: Copyright Officer
233 Park Avenue, Suite 203
Minneapolis, MN 55415
Please include the following information in your notice to us: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Application, (3) your contact information, including address, telephone number, and email address, if any, (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.
7. Suggestions and Submissions. We appreciate hearing from our users and welcome your comments regarding the Application. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:
(1) own, exclusively, all now known or later discovered rights to the Creative Ideas;
(2) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
(3) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
8. Playing Games; Winning and Cash-Outs
A. Skill-Based Games. Whether you win or lose a Game will depend on your skill in relation to the other Users playing in the same Contest (as defined below). It is solely your responsibility to ensure you comply with the rules and instructions for each Game. By playing a Game, you agree and acknowledge that your Entry Fees are non-refundable and that you may not win a prize.
B. Entry Fees; Contests. In order to play a Game, you must deposit your Entry Fee using Dwolla. You are solely responsible for the payment of the Entry Fee. Any chargebacks imposed on BlackFlag as a result of your Entry Fee or any other deposit will be charged to your Account and you will reimburse BlackFlag for any such fees. BlackFlag will suspend and may also terminate your Account in the event of any such chargeback. Chargebacks may also result in a $25 chargeback/dispute fee assessed to your Account. Once there are enough Users on the Application seeking to play the same Game (as set forth on the Application), a Game session will be created for those Users (a "Contest").
C. Prizes. When available, cash prizes ("Prize") for winning Contests will be generated by the Application when the Contest is created. Each User in a Contest will be shown the Prize prior to the start of the Game. You are only eligible to win the Prize displayed to you.
D. Winning. Your skill and the skill of other Users in the same Contest will determine who wins a particular Game.
E. Payments. If you win a Game, the Prize will be deposited into your Account. BlackFlag reserves the right to charge your Account a transaction fee in connection with a withdrawal. We reserve the right to require proof of your identity when you request a withdrawal. Users may withdraw their Prize as well as cash deposits by using the "Withdrawal" option on the user's BlackFlag accounts. Users may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by BlackFlag in order to complete the withdrawal of prizes. Promotional deposits, credits, and other bonuses may not be withdrawn from an BlackFlag account unless appropriate terms of the promotion are achieved first by the user. All taxes associated with the receipt of any prize are the sole responsibility of the User. In the event that the awarding of any prizes to winners on BlackFlag is challenged by any legal authority, BlackFlag reserves the right in its sole discretion to determine whether or not to award such prizes. Any withdrawal requests, after approved by BlackFlag, will be credited back to the same credit card or method of payment used to deposit funds into the BlackFlag user's account. BlackFlag will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).
F. Currency. All Entry Fees, Prizes, and other fees or payments made pursuant to these Terms will be stated and paid in U.S. Dollars.
I. Fees. BlackFlag will retain a percentage of the Entry Fee paid by each User.
J. Disputes. If you believe there has been a mistake with respect to any Prizes or withdrawals from your Account, please email us email@example.com. We reserve the right to, in our sole discretion, to assess a penalty and terminate your Account if you dispute your payments or any Prize, except for good faith disputes.
K. Taxes. You are responsible for all taxes arising out of your use of the Application. Winners may be required to supply a social security number prior to the award of Prize(s). BlackFlag may file an IRS Form 1099 or similar form with the Internal Revenue Application or the appropriate tax filing with a governmental entity for the fair market value of any Prize(s).
L. Application Failure. BlackFlag will maintain quality of service and server uptime during all game periods for servers. In the case of a server outage, software error, human error or any gameplay affecting bug caused by BlackFlag for a single player, we will refund the players entry fees. In the case of a server outage, software error, human error or any gameplay affecting bug caused by BlackFlag for all players in a game, we will cancel the game, forfeit all players from their current standings, and winnings, and reimburse all entry fees back to the players.
9. Limitations, and Prohibitions. You agree to use the Application only for its intended purpose. You must use the Application in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Application are prohibited. You may not:
(1) attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Application, user accounts, or the technology and equipment supporting the Application;
(2) frame or link to the Application without permission;
(3) use data mining, robots, or other data gathering devices on or through the Application;
(4) post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
(5) disclose personal information about another person or harass, abuse, or Post objectionable material;
(6) sell, transfer, or assign any of your rights to use the Application to a third party without our express written consent;
(7) post advertising or marketing links or content, except as specifically allowed by these Terms;
(8) deposit any money into your Account that does not belong to you or that has been gained from criminal or other illegal activity;
(9) open more than one Account and/or allow any other person to fund your Account;
(10) use the Application for any commercial purpose;
(11) use any Illegal Modifications (as defined below);
(12) collude with any other use in an attempt to gain an unfair advantage in any Game;
(13) use any technique other than pure skill during a Game;
(14) use the Application in an illegal way or to commit an illegal act in relation to the Application or that otherwise results in fines, penalties, and other liability to BlackFlag or others; or
(15) access the Application from a jurisdiction where it is illegal or unauthorized.
(16) falsify personal information required to enter a Game or claim a prize;
(17) engage in any type of financial fraud including unauthorized use of credit instruments to enter a Game or claim a prize;
(18) execute any type of bonus abuse, abuse of referral program, or abuse of any other offers or promotions;
(19) tamper with the administration of a Game or trying to in any way tamper with the computer programs or any security measure associated with a Game;
(20) obtain other users information and spamming other users; or
(21) make use of, promote, link to or provide access to materials deemed by BlackFlag to be offensive or cause harm to BlackFlag's reputation, including, but not limited to, illegal content, pornographic content and content deemed offensive to the Application;
(22) abuse the Application in any way.
10. Consequences of Violating These Terms
We reserve the right, without prior notice, to terminate your account if you breach any provision of these Terms, or to refuse to provide you with access to the Application in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Application.
11. BlackFlag's Liability
A. Changes to the Application. We may change, suspend, or discontinue any aspect of the Application at any time, including hours of operation or availability of the Application or any feature, without notice or liability.
B. User Disputes. We are not responsible for any disputes or disagreements between you and any third party (including as between Users) you interact with using the Application. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release BlackFlag of all claims, demands, and damages in disputes among users of the Application. You also agree not to involve us in such disputes. Use caution and common sense when using the Application.
C. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Application. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Application. Use the Application at your own risk.
D. Applications and Third-Party Websites. The Application may include links to third party websites, services and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Application.
E. Released Parties Defined. "Released Parties" include BlackFlag, Evolve, and their affiliates, officers, managers, governors, directors, employees, agents, partners, and licensors.
F. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE APPLICATION AND PARTICIPATION IN THE GAMES ARE AT YOUR SOLE RISK, AND THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (ii) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, APPLICATIONS OR APPLICATIONS AVAILABLE ON THE APPLICATION WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
G. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APPLICATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE APPLICATIONS RESULTING FROM ANY GOODS, DATA, APPLICATIONS, INFORMATION OR APPLICATIONS OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE APPLICATION; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE APPLICATION; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY THE RELEASED PARTIES; OR (vi) ANY OTHER MATTER RELATING TO THE APPLICATION. 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 ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF RELEASED PARTIES CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any BlackFlag Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
12. Arbitration, Class Waiver, and Waiver of Jury Trial. These Terms and the relationship between you and BlackFlag will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and BlackFlag agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Application under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Hennepin County in the State of Minnesota. You covenant not to sue BlackFlag in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Application or these Terms:
(1) YOU WAIVE AND SHALL HAVE NO RIGHT TO HAVE A TRIAL BY JURY;
(2) YOU WAIVE AND SHALL HAVE NO RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
(3) ANY AND ALL CLAIMS YOU BELIEVE YOU HAVE AGAINST BLACKFLAG OR EVOLVE, AND THEIR AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, ADVISERS, MANAGERS, OFFICERS, GOVERNORS, OR DIRECTORS MUST BE FILED WITHIN (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER FORFEITED AND BARRED.
13. General. All notices you provide to us concerning these Terms must be delivered in person or by means evidenced by a delivery receipt to our principal business office and addressed to the attention of the Chief Executive Officer of Evolve.
These Terms are governed by the laws of the State of Minnesota and applicable U.S. federal law. All legal actions to enforce or interpret these terms shall be commenced exclusively in the state or federal courts located in Hennepin County, Minnesota, and you consent to the exclusive jurisdiction and venue of such courts.
You may not assign or otherwise transfer your rights under this Terms without our prior written consent, which consent may be withheld for any reason in our sole discretion.
This Agreement shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns.
Any waiver or failure by BlackFlag to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
These Terms state our entire agreement with you concerning use of the Application. These Terms may be superseded by the express terms of our license or other agreements with a User.
Copyright © 2017 by Evolve Labs LLC. All rights reserved.
Evolve Labs LLC
233 Park Avenue, Suite 203
Minneapolis, MN 55415
Revised: December 14, 2015.