TEAMBEYOND.NET Binding Terms and Conditions
1.A Terms and Conditions Binding
Welcome to Beyond Entertainment. These t&cs apply to web sites and interactive services (individually a "Service" and collectively the "Services") owned or operated by Beyond Entertainment and its subsidiaries and affiliates ("Team Beyond", "We" or "Us"), which includes, without limitation,Beyond Entertainment. By registering for an account and becoming a member to participate in any game or tournament offered on TeamBeyond.Net (the "Site") you confirm your knowledge of and agreement to be bound by the then most current version of these t&cs, which can be accessed from the site. Beyond Entertainment may modify these t&cs at any time, without advance notice. You are responsible for reviewing these t&cs periodically for any modifications. Your continued use of the site following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any service, including contest rules and eligibility. We will provide these terms to you or post them on the website pages to which they apply; they are incorporated by reference into these t&cs. If there is a conflict between these t&cs and any additional terms that apply to a particular service, the additional terms will control.As set out in more detail below, Beyond Entertainment reserves the right to immediately suspend and/or close the account of any member who violates, or whom Beyond Entertainment reasonably believes may be or will be violating, these terms and conditions of service, at any time without notice. Please note that if a member's account is closed due to a violation of the t&cs, Beyond Entertainment reserves the right to determine how the member's account balance will be distributed.
1.B. Governing Law and Disputes
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio and the federal laws of The United States of America applicable therein, without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the courts of the State of Ohio located in Cleveland, Ohio - USA, in all disputes arising out of or relating to the Services. Notwithstanding any other provisions of these T&Cs, we may seek injunctive or other equitable relief from any court of competent jurisdiction. You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By utilizing the Services and participating in Site activities, you certify that you meet the age and other eligibility requirements for the Site and the Services set forth in the T&Cs. If you do not meet the age and other eligibility requirements, please discontinue using the Site and the Services immediately.
1.C. Entire Agreement
If any portion of these T&Cs is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, liability limitations and commitment not to participate in class action proceedings set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs shall continue in effect.
1.E. Eligibility and Restrictions
In order to register and maintain an account on the Site, an individual must:be a natural person, at least 18 years old, and who has had the email address submitted on the account registration form assigned to their use and control as represented;be a citizen or resident of a country ("Territory") where skilled gaming is legal (as applicable from state to state within a given Territory);be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws; and comply with these T&Cs at all times. All registered account holders may play free or non-prizing tournaments on the Site. Staff, Admins and agents of Beyond Entertainment are not eligible to participate in tournament events on TeamBeyond.net.
Additional Information for U.S. Citizens and Residents: The laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by each individual state, .by the federal government. As such, Beyond Entertainment CANNOT, and therefore DOES NOT, offer fee-based tournaments or games with prizes to residents of the following states: Arizona, Iowa, Louisiana, Montana, Washington. Void where prohibited or restricted by law.
If you open an account and/or participate in any tournament or game offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these T&Cs, and subject to having your account suspended or terminated and all winnings (if any) voided.
2.A. Information Required
Upon registration and/or during the processing of transferring funds into your account, you are required to provide the following information:
- An alias that will be your username
- A password
- Our e-mail address
The information provided must be true, accurate, current and complete, as requested. You agree to update the registration data to keep it current and accurate. If Beyond Entertainment determines you are registering with purposely incorrect information, Beyond Entertainment reserves the right to close your account. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled. Beyond Entertainment also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.
2.B. Local Laws
You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree Beyond Entertainment and its affiliates cannot be held liable if laws applicable to you restrict or prohibit your participation. Beyond Entertainment and its affiliates make no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with Beyond Entertainment and its affiliates have authority to make any such representations or warranties.Beyond Entertainment and its affiliates reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
2.C. Proof of Eligibility
Beyond Entertainment may at any time require any member to provide proof of eligibility to participate in order to continue to allow such member access to the Site and the Services, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. In addition, each member will be required to provide proper identification and proof of eligibility prior to receiving a prize or the processing by Beyond Entertainment. Failure to provide evidence of identification and/or eligibility satisfactory to beyond entertainment, in its sole and absolute discretion, shall result in the suspension and/or termination of the member's account.
2.D. Limitations on Participation
You are only permitted to register one active account on the Site. Additionally, Beyond Entertainment only allows users to have one account per household. Beyond Entertainment reserves the right to monitor any effort to establish multiple accounts. In the event it is discovered that you have opened more than one account, all accounts will be closed without notice. Beyond Entertainment reserves the right to deny access to anyone, including, but not limited to, those members who use proxy servers and/or IP addresses residing in certain geographical areas.
3.A. Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these T&Cs, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. All activities undertaken under a member's account will be deemed to have been done by that member.
3.B. Violation of the T&Cs and Abuse: Liability
Any member who displays behavior which may be interpreted as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage, harassment of other participants, posting of objectionable material, any breach of these T&Cs, or any breach or attempted breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by Beyond Entertainment in its sole discretion), up to and including account termination and blocking of Site access, and the voiding of any funds and winnings.
3.C. Express Consent for Business Purposes and Promotional Activities
When you register for an account, we ask for your consent so that Beyond Entertainment and its affiliates may display your username and tournament records and other usage information collected through the Site, for the purpose of promotion, including the promotion of tournaments and games, Beyond Entertainment and its affiliates. By accepting any prize from Beyond Entertainment and its affiliates, you agree to allow Beyond Entertainment and its affiliates to use, distribute, modify, adapt, reproduce, print, publish, publicly display, and broadcast, royalty-free, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.
3.D. Third-Party Payment Processors (Premium Membership)
4.B. Skilled Gaming for Prizes
Each member acknowledges that the outcome of the matches and tournaments offered on the Site are directly related to the number of members participating, and the skill levels of each member participating. Beyond Entertainment does not comment or have knowledge of the probability of one member winning a match vs. another member, and makes no representations about an individual member's chances of winning.Prizes are generally cash amounts, which are deposited directly into winners' 3rd party payment accounts that have chosen to play for cash. The cash value of prizes offered in Limited Entry tournaments will be disclosed at the beginning of such tournaments. If a tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will be determined by the Site.
4.C. Determination of Winners
The results and winners of each tournament offered on the Site will be determined by Beyond Entertainment, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.
4.D. Game Play
The site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game. You may not: (a) gain unauthorized access to the Site's systems or any account (other than your own), interfere with the communications, procedures or performance of the Site or deliberately damage or undermine the Site; (affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, DDoS attacks, automated programs, screen analysis utilities, player collusion, any type of modifications, or any similar methods to otherwise commit fraud in relation to the Site; or (©) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings, bonuses and incentives to which you would otherwise be entitled, but potentially lead to civil and/or criminal prosecution. The Site, in its sole discretion, reserves the right to terminate any person's account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authority.
5.A. Terms and Conditions Violations
Beyond Entertainment reserves the right at any time, to terminate your account and any other alternate accounts you may possess if you are found to have violated the Terms and Conditions of the Site.
Prizing earned from participating in online tournaments and events hosted by Beyond Entertainment, will be delivered to the winners of said events within 8-12 weeks. Beyond Entertainment reserves the right to retain your prize, whether it be cash or a product, if a winner uses social media or any platform to complain or attempt to ruin Beyond Entertainment’s credibility about not receiving prizing within the 8-12 week time period.
5.C. Intellectual Property Rights
By registering for an account and/or participating in any tournament or game offered on the Site, or using the Services, you acknowledge that all content included in the Services, including all Site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Services (collectively, the "Content") is owned or licensed by Beyond Entertainment and/or its licensors. You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Beyond Entertainment neither warrants nor represents that your use of the Content will not infringe rights of third parties.
While Beyond Entertainment uses reasonable efforts to include accurate and up-to-date information, Beyond Entertainment makes no warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content.The trademarks, logos, and service marks (collectively the "Trademarks") displayed and forming part of the Content, including the names of all games and tournaments, are registered and unregistered Trademarks of Beyond Entertainment and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on the Site without the written permission of Beyond Entertainment or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other Content, except as provided in these T&Cs and applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited.
5.D. Chat & Forum Policy
Rules of Conduct:The Site reserves the right to temporarily or permanently ban members who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas.The Site reserves the right to remove any posts for any reason.Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.Impersonating other members is not allowed.Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.
Advertising or promotion of other companies or URLs is not allowed.Please limit posting to the subject of the Site's games, forum or site.Do not share personal information (your name, phone number, home address, password) with others on the Site.No advertising of any kind is allowed in messages.No copyright materials are allowed in messages.Beyond Entertainment is not responsible for any information you choose to disclose to others.Advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages.
6.A. Anti-Spam Policy
Beyond Entertainment prohibits any activity commonly referred to as "Spam". Members who are reported and whose claims of "Spam" are validated by Beyond Entertainment will have their respective accounts either immediately TERMINATED or SUSPENDED.Additionally, any winnings (if any) may be voided at the sole discretion of Beyond Entertainment. Beyond Entertainment defines "Spam" as:Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume;Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as Skype);Beyond Entertainment may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:Account Suspension: Upon the receipt of a credible and validated complaint, Beyond Entertainment may also elect to immediately suspend the membership of the member implicated in the abuse. Suspension serves as a "Final" warning and will prevent the member from continuing their abusive "Spamming" behavior.
Beyond Entertainment will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. The Site reserves the right to lift the suspension of a member at any time, at its sole discretion.Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual member implicated in the abuse and may void any associated winnings.
6.B. Account Termination
Beyond Entertainment reserves the right to terminate your account, limit or prohibit your participation in any game or tournament.By registering for an account and/or participating in any tournament or game offered on the Site, you consent to allow Beyond Entertainment to access your account information to investigate complaints or other allegations of abuse.Any person whose access has been suspended or terminated may not re-register for, or re-access, the Site without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the Site.
6.C. Forfeiture and Account Suspension/Termination
As described in the Site Rules of Conduct, Beyond Entertainments committed to taking all necessary measures to prevent anything that gives a member an unfair advantage over another member. We are also committed to ensuring that the Beyond Entertainment environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a member is failing to observe the terms of the Rules of Conduct.As described below, if you are found to be violating the Beyond Entertainment Rules of Conduct, we may suspend or revoke your account, void your scores, etc. Beyond Entertainment may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime.Beyond Entertainment reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term of these T&Cs; (ii) you are participating in any attempt to cheat another member through collusion or other techniques, regardless of the outcome.For breaches of the T&Cs (including the Rules of Conduct) that are deemed by Beyond Entertainment, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their Account suspended at the discretion of Beyond Entertainment.
Repeat offenders will be deemed to be intentionally violating the T&Cs.If you are suspected of having violated the Rules of Conduct, Beyond Entertainment reserves the right to suspend your Account, including any access to the Beyond Entertainment site.The failure of Beyond Entertainment to enforce at any time any of the provisions of these T&Cs, or the failure to require at any time performance by you of any of the provisions of these T&Cs, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the Beyond Entertainment to enforce each and every such provision thereafter. The express waiver by the Beyond Entertainment of any provision, condition or requirement of these T&Cs shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Your use of the services is at your sole risk. The services are provided on an "As is" and "As available" basis. Beyond entertainment expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Beyond entertainment makes no warranty that (I) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services or information purchased or obtained by you through the services will meet your expectations, (v) your messages, data or information, in whatever form or medium, will not be lost, and (vi) any errors will be corrected. Any material downloaded or otherwise obtained through the services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from beyond entertainment, or through or from the services will create any warranty not expressly stated in these t&cs.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, liability of beyond entertainment will be limited to the greatest extent permitted by law. To the extent that any part of this section is not consistent with any other part of the t&cs, then this disclaimer of warranties will override it.
7.A. Limitation of Liability
You agree that beyond entertainment and its affiliates 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 (even if beyond entertainment and its affiliates have been advised of the possibility of such damages), resulting from: (I) the use or inability to use the services; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the services; or (v) any other matter relating to the services. If, notwithstanding the other provisions of these terms and conditions, beyond entertainment and its affiliates are found to be liable to you for any damage or loss which arise out of or is any way connected to your use of the services, liability of beyond entertainment and its affiliates shall in no event exceed the greater of (I) the total of any game or similar fees with respect to any service or feature of the services paid in the six months prior to the date of the initial claim made against beyond entertainment and its affiliates, or (ii) us$100.00.
By registering and/or participating in any services offered on the site, you agree to indemnify, defend, and hold harmless beyond entertainment, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns(collectively, the "Indemnitees") in respect of all claims, costs (including legal fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the services (including without limitation use of your account, whether or not authorized by you). Beyond entertainment retains the right to assume the exclusive defence and control of any claim supporting indemnification, and in such cases you agree to cooperate with us to defend any such claim. You will not settle any claim covered by this section without beyond entertainment’s prior written approval.
7.C. Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any tournament or game offered on the Site, you agree without limitation that Beyond Entertainment is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.Any attempt to gain unauthorized access to the Site's systems or any account, interference with procedures or performance of the Site, or deliberately damaging or undermining the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.Any attempt to participate in any tournament or game offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.