(1) Use of the Site

By using this site, registering to this site or submitting any contents, you are agreeing to the terms and conditions as stated below on this page.  We may update these terms and conditions from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

 

We may from time to time also notify you of changes to our terms and conditions by email, though this will not occur unless there are any major changes.

 

(2) Tournaments

(i) The host and promoter is ProGamers Inc, who can be contacted at www.progamersinc.com.

(ii) The specific details of each tournament will be announced prior to the event itself via the website linked above, as well as the ProGamers Inc facebook page. Unless it is otherwise stated prior to the tournament, there will be no entry fee and no purchase necessary to enter the event.

(iii) By entering into a tournament held by ProGamers Inc, it will be deemed as acceptance of the terms and conditions, therefore indicating the entrant(s) can be bound by these terms and conditions.

(iv) The host reserves the right to cancel or amend the tournament and these terms and conditions without notice in the event of a breach or event that can be deemed outside of the host's possible control, this includes server issues, health issues and other factors that may make it hard, or impossible, for the host to be available to adjudicate the event. Any changes to the tournament will be notified to entrants as soon as possible by the host.

(v) By agreeing to the terms and conditions, you are accepting that you, as well as any team, crew or other individual you are applying with or for, can be disqualified, as well as being permenantly blacklisted from any events that are held by ProGamers Inc, if you are found to be cheating in any way during the event. This includes the use of cheats, modifications, aiming bots, lag switches and purposely lagging out to have the tournament rescheduled.

(vi) A team may be disqualified for the following reasons: (a) Cheating; (b) Behavior which can be deemed abusive, inappropriate or insulting; (c) neglecting to follows the rules for the event. 

(vii) Unless it is stated otherwise, a tournament will not have a prize. The winning team, however, will be featured and praised on the host's site alongside their facebook page in their hall of fame.

(viii) In the case of paid tournaments, the winning team will receive the announced prize pot. This amount will not change depending on the amount of teams competing unless it is openly stated by the host. The prize pot will be given to the leader of the winning team at the end of the tournament via paypal.

(ix) Unless stated otherwise, the tournaments are in no way sponsored, endorsed or administered by, or associated with, the consoles that the tournaments are held on, or the social networks used to advertise the events. You are providing your information to ProGamers Inc and not to any other party.

 

(3) Competitions

(i) The promoter is ProGamers Inc, who can be contacted at www.progamersinc.com.

(ii) The specific details of each competition will be announced prior to the event itself via the website linked above, as well as the ProGamers Inc facebook page. Unless it is otherwise stated prior to the competition, there will be no entry fee and no purchase necessary to enter the event.

(iii) After the deadline of each competition has been reached, no further entries will be permitted unless it is stated that the deadline has been altered by an official promoter.

(iv) No responsibility can be accepted for entries that have not been received for whatever reason.

(v) The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter's control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

(vi) The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

(vii) No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

(viii) Winners will be chosen at random using external sources, to ensure that the winner is not pre-selected.

(ix) The winner will be notified by email or direct message via Facebook within 28 days of the closing date for entries. If the winner cannot be contacted or does not claim the prize within 14 days of being notified, we reserve the right to withdraw the prize from the winner and to redraw for a placement winner

(x) The promoter will notify the winner when the prize can be collected.

(xi) The promoter's decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

(xii) By entering into a competition held by ProGamers Inc, it will be deemed as acceptance of the terms and conditions, therefore indicating the entrant(s) can be bound by these terms and conditions.

(xiii) By accepting, the winner agrees to the use of their name in any publicity material. Any personal data used to enter the competition will be used solely in accorance with the current data protection legislation and will not be disclosed to a third party without the entrant's prior consent.

(xiv) Unless stated otherwise, the competitions are in no way sponsored, endorsed or administered by, or associated with, the social networks used to advertise the events. You are providing your information to ProGamers Inc and not to any other party.

 

(4) Registration and User Submissions

(i) If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes.  You may not access any age-restricted Services unless you are above the required age.  In no case are persons under the age of thirteen permitted to use the Services.

(ii) You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household.  You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account.  If you have reason to believe that someone is using your account without your permission, you should contact us immediately.  We are not responsible for any loss or damage resulting from unauthorized use.

(iii) Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services.  We respect your ownership of User Submissions.  If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others.  Please note that if you delete a User Submission from the Services:

(a) The User Submission may still exist in our backup copies, which are not publicly available;

(b) If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.

(iv) We may refuse or remove a User Submission without notice to you.  However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.

(v) Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area.  Accordingly, you should not provide User Submissions that you want protected from others.

(vi) You bear all responsibility for your User Submissions and must ensure that your User Submissions do not violate the Acceptable Use.

 

(5) Intellectual Property

(i) Any content uploaded to the ProGamers Inc website, unless stated otherwise, is the intellectual property of ProGamers Inc and its' members.  You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the content. Unless it is expressed otherwise, we reserve all rights to the services and content of the site. 

(ii) You as a user of the site are only permitted to access and view the content for personal, non-commercial purposes in accordance with these terms, and may not build a business or other enterprise utilizing any of the content, whether for profit or not. You may not directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the services or content; upload, sell, rent, lease, lend, broadcast, transmit ot otherwise disseminate, distribute, display or perform any part of the Services or content;  license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content.  You are also strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise.  This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

 

(6) Collaborations, Features & Promotions

(i) If you wish to collaborate, be featured by or be promoted by ProGamers Inc, it is a necessity to complete the form to be found in the 'About Us' section of the website. Without this application form, you will not be put forward to participate in any promotional events ProGamers Inc may be hosting in the future. By filling in this application form, you are agreeing to follow the rules set out by ProGamers Inc as stated below. Your application will be ignored if any information provided is deemed as invalid or fraudulent. 

(ii) To collaborate with ProGamers Inc for either a Twitch stream or a Youtube video, you must provide evidence of your gaming skills via your own personal Youtube or Twitch link. Your channel will be viewed to see if you are a suitable participant for any collobaration work that may arise in the future with ProGamers Inc.

(iii) To be featured or promoted by ProGamers Inc in a monthly feature running for one week a month, showing a maximum of five separate individuals or groups via their channels, websites or pages, you must submit reasonable evidence of your quality via the application form. From the evidence submitted, ProGamers Inc will choose who they deem to be the best five of the individuals or groups correctly submitted to be featured for a week on their own website, Youtube, Twitch and Facebook. The promotion will be ran by whichever member of ProGamers Inc staff is in charge of the videos, podcasts and streams for that week.

(iv) To be featured or promoted by ProGamers Inc more than once, you must submit evidence that you as an individual or as a group have promoted ProGamers Inc in some way to expand our audience. This can include video and stream shout outs, page features or website features. In turn, you will be entitled to be refeatured by ProGamers Inc.

 

(7) Products & Sales

(i) Any products sold through the ProGamers Inc storenvy shop (https://progamersmerch.storenvy.com), or by ProGamers Merchandise are exclusive ProGamers Inc merchandise created for their sale only. This includes any of the designs featured on the merchandise as well as the  merchandise itself. These products will not be sold by any other party, and if they are it will not be an exclusive ProGamers Inc product.

(ii) By placing an order through the storenvy shop, you are making an offer to purchase the products you have selected. We may or may not accept your offer at our discretion. Any contract is dependant and conditional upon ProGamers Inc's verification of availability and confirmation of both your order and your credit card or other payment details. If we accept your order, you will be notified of our acceptance by issuing an Order Confirmation. If this order has not been confirmed within a two week period, email ProGamersMerch@outlook.com with enquiries. Until the order has been confirmed, ProGamers Inc are not obliged to provide the products.

(iii) We maintain records of all orders, order acknowledgements and order confirmations and retain these for a reasonable period of time following the delivery of the purchase. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgement, order confirmation, payment acceptance and and invoice as evidence of purchase.

(iv) ProGamers Inc has the right to update, revise and/or discontinue any of the products it offers at any time. ProGamers Inc may revise prices for products listed as available on the storenvy shop. A price remains valid only for the duration of the day on which the customer visits the page displaying that price or the day on which the customer is informed of the price by ProGamers Inc. All products displayed are current. ProGamers Inc products are fitted out in the United Kingdom, with any sizes being displayed in the British sizes unless stated otherwise. Regardless of our provided product information, should you decide to place an order for the product, your purchase will be processed under these terms. ProGamers Inc endeavours to maintain product availability. However, product availability constantly changes and different products and product groups may have different availabilities. All acceptances of orders are subject to availability of the relevant product(s). ProGamers Inc reserves the right to prioritise orders and to allocate limited stock between orders as it deems fit. Any measurements stated are approximate.

(v) The prices of products are those which apply at the time of customer's order. Additional charges such as shipping fees will be indicated to you prior to placing the order on the storenvy shop. All payments will be made via Paypal or the Storenvy purchasing services offered by the storenvy shop. The customer must tender payment in the currency as indicated in the purchase on the day of purchase. ProGamers Inc may take payment for your order before sending your product. However, the taking of payment shall in no case constititute acceptance of your offer nor the conclusion of a contract. If we are unable to deliver your order after having taken payment, you will be reimbursed in full.

(vi) You are solely responsible for providing true, accurate, current and complete information about you as promopted by the storenvy shop whilst placing your order as well as maintaining and promptly updating account information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating product purchases or other matters via ProGamers Inc and its Storenvy shop. We shall not be liable for any unauthorized use of the passwords.

(vii) The products can and will be shipped to addresses in the following countries from the United Kingdom: Australia, United Kingdom, United States, Canada, Mexico and Europe (Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxemburg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine). For any countries not listed, feel free to enquire at progamersmerch@outlook.com to see if it ships to that location. ProGamers Inc aims to deliver promptly, though there may be reasons for inability to ship prior to the target dates. Any dates given for the delivery of products are estimates only, and ProGamers Inc cannot and does not undertake that delivery will occur on any specified dates unless explicitly confirmed prior. You as a customer have the option of cancelling your order at any stage prior to the dispatch of your products by ProGamers Inc. You may also have a right to return the products after they have been delivered within a 30 calendar day period. If you wish to return a product, please ensure you email progamersmerch@outlook.com prior to sending the product back for a full refund. If the product cannot be delivered by any estimated or target dates given by ProGamers Inc, they may elect to cancel the order and refund any money paid by the customer.

(viii) ProGamers Inc is permitted to reduce your refund to reflect any reduction in the value of the product if you have used the product beyond normal handling or inspection. If you return products that are damaged or used beyond their normal handling, ProGamers Inc may reduce any payments to be refunded to you for the diminished value of the goods. Any delivery costs paid by you exceeding the standard delivery cost may not be reimbursed, and proof of the delivery must be sent. On return of products, ProGamers Inc will, subject to the above limitations, repay the actual amount paid to ProGamers Inc within 14 business days by crediting your relevant credit card, bank account or other means you used as a means of payment for the initial order.

(ix) If your product is or becomes faulty through no fault of your own you may be entitled to a refund or replacement of your product. Send an email to progamersmerch@outlook.com for more information on refunds and replacements.

 

 

(8) Third Party Content

(i) We may provide third party content (including advertisements) or link to third party websites on the Services.  We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions.  You should review third parties’ terms of use and privacy policies before you use their services.  In certain instances, you may be able to connect and/or link your account to certain third party social media sites ("Social Media Sites"), including, without limitation, Facebook and Twitter. By connecting or linking your account to any social media site, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to the social media site (in accordance with your privacy settings on the social media site). If you do not want information about you to be shared in this manner, do not connect or link your account to any social media site. Please see our Social Networking Policy for additional information.

 

(9) Acceptable Use

(i) Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:

(a) Access the Services using any interface other than ours;

(b) Maintain any link to the Services that we ask you to remove, in our sole discretion;

(c) Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the ProGamers Inc and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);

(d) Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;

(e) Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;

(f) Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;

(g) Transmit files that contain viruses, spyware, adware, or other harmful code;

(h) Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);

(i) Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;

(j) Interfere with others using the Services or otherwise disrupt the Services;

(k) Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;

(l) Transmit, collect, or access personally identifiable information about other users without the consent of those users and ProGamers Inc;

(m) Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;

(n) Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;

(o) Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or

(p) Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

 

If you violate this Section, ProGamers Inc may immediately terminate your access to the Services, and take any other actions or seek any remedies permitted by law.

 

(ii) We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

(a) Change or discontinue the Services;

(b) Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);

(c) Remove Content from the Services;

(d) Restrict, suspend or terminate your access to one or more Services or features thereof; and

(e) Deactivate your accounts and delete all related information and files in your accounts.

 

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.  If ProGamers Inc terminates your access to any of the Services, you must immediately stop using such Service.

 

(10) Disclaimers & Limitations of Liability

(i) ProGamers Inc do not warrant: [1] that the services, any of the services' functions or any content will be uninterrupted or free of errors or omissions; [2] that defects will be corrected; [3] that the services or the servers hosting them are free of viruses or other harmful code; or [4] that the services or information available through the services will continue to be available. ProGamers Inc shall have no liability for any such issues. ProGamers Inc disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, title, and as to quality, availability and subject matter of content. The services, including all content and functions made available on or accessed through or sent from the services, are provide "as is", "as available" and "with all faults".

(ii) Your access to and use of the services (including their functions and content) is at your risk. If you are dissatisfied with the services, your sole and exclusive remedy is to discontinue accessing and using the services.

(iii) ProGamers Inc will not be liable for any failure or delay in their performance due to any cause beyond their reasonable control, including acts of war, acts of god, acts of third party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the internet or computer equipment.

(iv) ProGamers Inc will not be liable to you or anyone else for any special, indirect, incidental, exemplary, punitive or consequential damages in connection with the services (including theiir functions and content), your use of the services (including their functions and content), these terms or your user submissions, even if foreseeable or even if one or more of the ProGamers family has been advised of the possibility of such damages (including, without limitation, whether caused in whole or in part by negligence, gross negligence, or otherwise, but excluding willful misconduct). In no event will ProGamers Inc's liability for other damages exceed the amount paid by you to ProGamers Inc for access to the relevant service in the three months preceeding the claim.

 

(11) Legal Complaints & Disputes

(i) ProGamers Inc respect intellectual property rights.  If you believe that Content on the Services infringes your copyright, please message or email us, making a copyright infringement claim, with time-stamped evidence of your claim. If the evidence feels even remotely altered, we may ignore your claim. Without the evidence that is needed to prove the intellectual property is yours, we may not remove the content.

(ii) If you have any other disputes with ProGamers Inc, send us an email with your complaint and we will have the dispute solved as quickly as possible.

 

If you do not agree to the terms featured on this page, you should stop using our services immediately.