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TourneyBit Terms of Service

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These Terms of Service ("Terms") govern your access to and use of the websites, products, and services provided by TourneyBit LLC, including the TourneyBit Platform (collectively, the "Services"). These Terms may be updated at any time by TourneyBit LLC and new terms take effect at the Last Updated date indicated in these Terms. By using our Services, you agree to be bound by these Terms.

1. Purpose of Our Services

TourneyBit and its associated products are designed and intended for creating, managing, and running tournaments, leagues, and events. Additionally, TourneyBit facilitates both competitor and audience participation in tournaments, leagues, and events. TourneyBit reserves the right to add, change, and remove features and functionality around these use cases, to partner with third-parties to enhance related product offerings, and to evolve the Services as needed to run its business and meet market demand.

Age Requirement: You must be at least 13 years of age to use the Services. If you are under 18, you may only use the Services with the consent of a parent or legal guardian.

2. Prohibited Activities

You agree not to use the Services for any purpose that is illegal, nefarious, or otherwise prohibited by these Terms. The following activities are strictly forbidden:

Violation of these terms may result in the immediate and indefinite suspension of your access to the Services without notice.

3. Payments and Refunds

All payments made to TourneyBit LLC are final and non-refundable, except where required by applicable law or where superseded by an overriding contract between you and TourneyBit LLC. Refunds may be granted in exceptional cases at the sole discretion of TourneyBit LLC.

4. Third-Party Services

We reserve the right to utilize third-party services related to delivering the Purpose of Our Services, to protect our customers and users, and to provide secure and reliable infrastructure. These third-party services may include cloud hosting providers, payment processors, analytics services, and customer support tools. You agree to be bound by the Terms of Service of these providers where applicable.

We may provide infrastructure to third-party companies. In these cases, you additionally agree to be bound by the Terms of Service of the third-party company as well as these Terms.

Additionally, you acknowledge and agree that any user-generated content uploaded to the platform, including images, may be screened and analyzed for safety and compliance by third-party AI services.

5. Intellectual Property

The TourneyBit Platform, and its assets and artifacts, including its proprietary source code, branding, and original content, is the property of TourneyBit LLC. Use or integration of the Services, including through partnership agreements, does not grant ownership rights to TourneyBit IP and defaults to a non-exclusive and revocable license to use the Services in lieu of another agreement in writing.

Additionally, TourneyBit LLC retains all intellectual property rights to aggregated and anonymized data generated by the use of the Services. We may monitor, collect, and use this non-identifiable data for any lawful business purpose, including public dashboards, industry reports, and marketing, provided that it does not contain any personally identifiable information.

6. Your Data and Privacy

Our data collection, retention, and privacy practices are governed by our Privacy Policy. By using the Service, you agree to allow TourneyBit to process your data in accordance with our Privacy Policy.

7. User-Generated Content

8. Feedback and Suggestions

If you choose to provide us with any feedback, comments, bug reports, feature requests, or other ideas regarding the Services, including through beta programs, support tickets, or community channels (collectively, "Feedback"), you acknowledge and agree that such Feedback is entirely voluntary.

You hereby assign to TourneyBit LLC all right, title, and interest in and to the Feedback. TourneyBit LLC shall have the exclusive right to use, implement, reproduce, modify, license, or otherwise exploit the Feedback in our sole discretion, for any purpose whatsoever, without any restriction, obligation, attribution, or compensation to you.

9. Copyright Infringement

TourneyBit LLC respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Service.

Filing a Takedown Notice: If you are a copyright owner, or authorized to act on behalf of one, and believe that material on our Service infringes upon your copyrights, please submit a written notification to legal@tourneybit.com containing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
  2. Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are involved).
  3. Identification of the specific material that is claimed to be infringing, with enough detail (such as a specific URL) to permit us to locate it.
  4. Your contact information, including your name, address, telephone number, and email address.
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Repeat Infringers: In accordance with the DMCA and other applicable laws, TourneyBit may terminate the accounts of users who are deemed to be repeat copyright infringers.

10. Warranty Disclaimer

"As Is" and "As Available" Service: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TOURNEYBIT LLC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

No Guarantee of Uninterrupted or Error-Free Operation: TOURNEYBIT LLC DOES NOT WARRANT THAT:

  1. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  2. THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE;
  3. ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR
  4. THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

11. Limitation of Liability

Exclusion of Consequential Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOURNEYBIT LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, SAVINGS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF TOURNEYBIT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF TOURNEYBIT LLC AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE SHALL BE LIMITED TO THE GREATER OF:

  1. THE TOTAL AMOUNT PAID BY YOU TO TOURNEYBIT LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
  2. ONE HUNDRED U.S. DOLLARS ($100.00 USD).

Jurisdictional Exceptions: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR INCIDENTAL/CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, TOURNEYBIT LLC’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification

Your Obligation to Indemnify: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TOURNEYBIT LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR DEBTS (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO:

  1. YOUR ACCESS TO OR USE OF THE SERVICE;
  2. YOUR VIOLATION OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAWS, RULES, OR REGULATIONS;
  3. YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY, PRIVACY, OR PROPRIETARY RIGHT; OR
  4. ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE OR HARM TO A THIRD PARTY.

Defense and Control: THIS INDEMNIFICATION OBLIGATION SURVIVES THE TERMINATION OR EXPIRATION OF THESE TERMS AND YOUR USE OF THE SERVICE. TOURNEYBIT LLC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE FULLY WITH TOURNEYBIT LLC IN ASSERTING ANY AVAILABLE DEFENSES.

13. Educational Institutions and Student Data

If you are an educational institution, school district, or acting on behalf of a school (such as a coach, teacher, or administrator), you represent and warrant that you are authorized to agree to these Terms on behalf of the institution. You further represent that your use of the Services complies with all applicable educational data privacy laws, including the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA).

You are solely responsible for obtaining all necessary verifiable parental consents before adding students to the Services or allowing students to access the Services. If your institution requires a Student Data Privacy Agreement (SDPA) or Data Processing Agreement (DPA), you must contact us at legal@tourneybit.com to execute such an agreement prior to uploading any student data to the Services.

14. Governing Entity

TourneyBit and the TourneyBit Platform and its related assets and artifacts are products of TourneyBit LLC. All terms and conditions are entered into with TourneyBit LLC.

15. Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.

For any disputes, you and TourneyBit LLC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Philadelphia County, Pennsylvania.

16. Informal Dispute Resolution

Before filing a formal claim against TourneyBit, you agree to try to resolve the dispute informally by contacting legal@tourneybit.com. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within thirty (30) days of submission, you or TourneyBit LLC may bring a formal proceeding.

17. Class Action Waiver

No Class or Representative Actions: YOU AND TOURNEYBIT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING.

18. Contact Us

If you have any questions, concerns, or requests related to your use of the Services, please contact us at support@tourneybit.com.