Ludiscope Terms of Service
v 1.0
Last modified April 21, 2017

1. User’s Acknowledgment and Acceptance of Terms
Ludiscope, Inc. (“Us,” “We,” “Ludiscope,” or the “Company”) provides the application, the ludiscope.com website, and various related services (collectively, the “Ludiscope Platform”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

You are permitted to use the Ludiscope Platform, only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of the Ludiscope Platform in any medium without Company’s prior written authorization except as permitted through the Ludiscope Platform’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Ludiscope Platform; (6) Don’t collect any personally identifiable information, including full names, physical addresses or e-mail addresses, for commercial purposes; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Ludiscope Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Ludiscope Platform is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

YOUR USE OF THE LUDISCOPE PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE LUDISCOPE PLATFORM NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE LUDISCOPE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE LUDISCOPE PLATFORM, IS TO STOP USING THE LUDISCOPE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE LUDISCOPE PLATFORM.

In these Terms of Service, we use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. As used in these Terms of Service, “User(s)” refers to any individual using the Ludiscope Platform to view game information, find gaming events, or attend gaming events and “Club(s)” refers to any individual or business using the Ludiscope Platform to find Users, host gaming events, or organize gaming events. 


2. Overview of our Services
Ludiscope helps gamers find and plan video game events. With the Ludiscope Platform, you can discover tournaments and get-togethers hosted by clubs and thousands of gamers worldwide or you can find gamers to attend your event.

Ludiscope does not host any gaming events. Ludiscope does not have control over, nor is it responsible for, the conduct of Users or Clubs, including the authenticity, accuracy, reliability, quality, timing, legality, and, nature. Using the Ludiscope Platform often involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. You should use common sense and good judgment when interacting with others. Ludiscope is not responsible for interactions which occur between Users, whether in person, through the Ludiscope Platform, offline, or online.

3. Account Information and Security
When you register, you provide us with some basic information, such as a phone number or email address. Keep your phone number and other account information current and accurate. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account credentials with others. If someone is using your account, notify us immediately.

4. Vetting of Users
Clubs may be subject to a vetting process before using the Ludiscope Platform, including Ludiscope contacting the Clubs directly, or informally through other methods. Ludiscope does not vet Users. Although Ludiscope may vet Clubs, it cannot guarantee the accuracy or the identity of any User, Club, or anyone who uses the Ludiscope Platform. Accordingly, Ludiscope cannot and does not assume any responsibility or liability for improper vetting or failing to vet a user of the Ludiscope Platform, the accuracy of any background check or vetting of Users, Clubs, or other users, nor for the conduct of anyone who uses the Ludiscope Platform.

Ludiscope recommends that all users use common sense judgment and precautions when interacting with users, just like you would in interaction with any other individual whom you don’t know.  

LUDISCOPE, NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF LUDISCOPE AND YOU HEREBY RELEASE LUDISCOPE AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. LUDISCOPE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF LUDISCOPE.

5. Community Guidelines and Conduct
By using or visiting the Ludiscope Platform, you agree to comply with our Community Guidelines, which are incorporated into these Terms of Service by reference. Your conduct must conform to these Community Guidelines, and failure to do so may result in immediate termination of your account at Ludiscope’s sole discretion. 

6. Feedback
We always appreciate feedback and are always on the lookout for ways to improve Company. For feedback, comments, questions, or concerns, you can contact us at support@ludiscope.com and we will return you e-mail at the soonest opportunity possible. 

7. Guarantee and Warranty
Use of the Ludiscope Platform is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Ludiscope expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Ludiscope makes no warranty or guarantee that the Ludiscope Platform will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

8. Release
In the event that you have a dispute with a user of the Ludiscope Platform, including with a User or Club, you agree to release Ludiscope (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Ludiscope Platform or participation in the Services. Additionally, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), 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.” We reserve the right, but have no obligation, to monitor disputes between you and other users.

9. Limitation of Liability
IN NO EVENT WILL LUDISCOPE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE LUDISCOPE PLATFORM OR ANY USE OF THE LUDISCOPE PLATFORM, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE LUDISCOPE PLATFORM, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF LUDISCOPE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

10. Agreement to Arbitrate All Disputes and Legal Claims
Should a dispute arise between you and Company, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any claim or potential claim that cannot be resolved informally shall be submitted to binding arbitration in the state in which the services were performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND LUDISCOPE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

11. Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

12. Termination of Service
Ludiscope may terminate your privilege to use or access the Ludiscope Platform immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Ludiscope Platform and agree to not access or make use of, or attempt to use, the Ludiscope Platform. Furthermore, you acknowledge that Ludiscope reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Ludiscope Platform.  You understand that Ludiscope may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Ludiscope.
 
All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Ludiscope Platform, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

13. Content

The Ludiscope Platform may contain message boards, chat rooms, personal web pages or profiles, forums, review and ratings sections, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Ludiscope Platform.

If you voluntarily disclose personal information (e.g., user name, email address) on the Ludiscope Platform, such as on a forum, chat room or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on the Ludiscope Platform.

Any User Contribution you post to the Ludiscope Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Ludiscope Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:
	•	You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
	•	All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Additionally, we have the right to:
	•	Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
	•	Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Ludiscope Platform or the public or could create liability for the Company.
	•	Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
	•	Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Ludiscope Platform.
	•	Terminate or suspend your access to all or part of the Ludiscope Platform for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Ludiscope Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Ludiscope Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
	•	Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
	•	Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
	•	Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
	•	Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy (http:/ludis.co/privacy/).
	•	Be likely to deceive any person.
	•	Promote any illegal activity, or advocate, promote or assist any unlawful act.
	•	Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
	•	Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
	•	Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
	•	Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

14. Intellectual Property
The entire content and materials contained on the Ludiscope Platform, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Ludiscope Platform and other intellectual property (the “Content”) are owned by or licensed to Ludiscope to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Ludiscope Platform are either the property of, or used with permission by, Ludiscope. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Ludiscope Platform will not infringe rights of third parties not owned by or affiliated with the Company. We may redesign the Ludiscope Platform in our sole discretion at any time.

15. Restrictions on Use
You may not use the Ludiscope Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Company. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Company’s prior written consent.

Modification of Company’s content is a violation of the copyrights and other proprietary rights of Company or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Company. The Ludiscope Platform and the information contained therein may not be used to construct a database of any kind. The Ludiscope Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.

16. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Ludiscope is intended or created by this Agreement. A User or Club is not Ludiscope’s representative or agent, and may not enter into an agreement on Ludiscope’s behalf.

17. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Ludiscope Platform, you may contact our Designated Agent at the following address:
 
Ludiscope, Inc.
PO Box 170464
Austin, TX 78729


Any notice alleging that materials hosted by or distributed through the Ludiscope Platform infringe intellectual property rights must include the following information: 
	a)	An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; 
	b)	A description of the copyright-protected work or other intellectual property right that you claim has been infringed; 
	c)	A description of the material that you claim is infringing and where it is located on the Service; 
	d)	Your address, telephone number, and email address; 
	e)	A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and 
	f)	A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Ludiscope will promptly terminate without notice the accounts of users that are determined by Ludiscope to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had user content removed from the Ludiscope Platform at least twice.

18. Links to Other Sites and Materials
As part of using the Ludiscope Platform, Company may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Company has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Company, and Company is not responsible for any Third Party Sites accessed through the Ludiscope Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Ludiscope Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Company. If you decide to leave the Ludiscope Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Ludiscope Platform or relating to any applications you use or install from the site.

19. Privacy
Ludsicope’s current privacy policy is available on the Ludiscope Platform and at our website (http:/ludis.co/privacy/) (the “Privacy Policy”), which is incorporated by this reference. In accordance with the Privacy Policy, we may collect information about the location of your device each time you use the Ludiscope Platform, or when you otherwise consent to the collection of this information.
 We strongly recommend that you review the Privacy Policy closely.

20. Electronic Communications
The communications between you and Company use electronic means, whether you use the Ludiscope Platform or send us emails, or whether Company posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. 

21. Notice
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.

Any such notice must be sent to:

Ludiscope, Inc.
PO Box 170464
Austin, TX 78729


22. Changes and Amendments to Terms
These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Ludiscope Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Ludiscope Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Ludiscope Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Ludiscope Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

23. General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Company may assign or delegate these Terms of Service and/or Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE USER AGREEMENT AND PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.