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Terms & Conditions

INDIE ESPORTS LEAGUE

TERMS OF USE OF API

THIS AGREEMENT GOVERNS YOUR ACCESS TO THE APPLICATION PROGRAMMING INTERFACE (“API”) OWNED BY INDIE ESPORTS LEAGUE, INC. (“IEL”) FOR PURPOSE OF YOUR INTEGRATING AN ONLINE GAME WITH THE IEL API TO PROVIDE INFORMATION AND DATA TO END USERS.  YOU ARE AGREEING TO THIS AGREEMENT BY YOUR ACCESSING AND USING THE IEL API.  IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.
  1. DEFINITIONS

    . For purposes of this Agreement, capitalized terms not otherwise defined herein, shall have the meanings set forth

 Confidential Information: means all information disclosed by or on behalf of Party to the other Party which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Confidential Information may include, without limitation, proprietary information, technical data, trade secrets or know-how, including, but not limited to, source code, research, product plans, products, services, customers, customer lists, personally identifiable or non-public information, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, pricing or other business information. For all purposes of this Agreement, the IEl API shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (i) was already known to you at the time of disclosure by or on behalf of IEL without an obligation of confidentiality; (ii) was or is obtained by you from a third party not under an obligation of confidentiality with respect to such information; (iii) is or becomes generally available to the public other than by violation of this Agreement; or (iv) was or is independently developed by you without use of IEL’s Confidential Information.

End User: means any person using an Online Game who can interact with the IEL API-based capabilities while playing an Online Game.

IEL API: means IEL’s application programming interface, which, after integration with an Online Game, enables you and End Users to create End User metrics in order to create leaderboards, ladders, leagues, and other data of interest to you and End Users  and any accompanying or related documentation, source code, executable applications and other materials made available by IEL.

IEL API-based Applications: mean web or other software services or applications developed by you for an Online Game that utilize or interact with the IEL API and are authorized to be Published pursuant to this Agreement.

IEL Marks: mean Indie Esports League and IEL’s other product and service names, trademarks, service marks, branding and logos made available for use in connection with the IEL API pursuant to this Agreement.

Intellectual Property Rights: means patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights.

Internal Use: means your integration of the IEL API into an Online Game.

 Online Game(s): means any online game developed or owned by you that has integrated IEL API-based applications.

Publish: means the making of any IEL API-Application available in Online Games.

Service: means any customer service system made available by IEL which may include, at IEL’s sole discretion, customer service representatives, web pages, documentation, instructional videos, development tools, web-based and audio-visual instructional materials, examples of IEL API-based Applications, access to developer portions of the IEL API, and other similar service solutions.

Your Marks: means your product and service names, trademarks, service marks, branding and logos made available for use in connection with the IEL API-based Applications pursuant to this Agreement.

  1. PURPOSE AND LICENSE
  • This Agreement governs your rights to use and access the IEL API for Internal Use. Your access to and use of the IEl API shall be governed by this Agreement and by any and all restrictions and policies implemented by IEL from time to time with respect to the IEL API as set forth in the documentation for the IEL API, this Agreement or as otherwise communicated in writing to you by IEL (“General API Policies”).
  • Subject to the terms and conditions of this Agreement, including the restrictions set forth in SECTION 3, IEL hereby grants to you a non-exclusive, non-transferable (subject to Section 15), non-sublicensable, worldwide, revocable right and license during the Term of this Agreement (as defined in Section 13) to: (a) use and make calls to the IEL API to develop, implement and distribute IEL API-based Applications solely for use by You and End-Users; (b) use, reproduce, distribute, and transmit Illustration Data to the extent necessary to format and display it through the IEL API-based Applications; and (c) use and display the IEL Marks in conformity with  IEL trademark usage guidelines for the sole purpose of identifying that the Illustration Data originates from the IEL API, and any such use of the  IEL Marks shall inure to the benefit of and belong to IEL.
  • You hereby grant to IEL a non-exclusive, royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate into the IEL API any suggestions, enhancement requests, recommendations or other feedback IEL receives from you or End Users. In accepting this license, IEL acknowledges and agrees that any such suggestions, enhancement requests, recommendations or other feedback (each and collectively “Your Modifications”) are made without warranties of any kind or description and that IEL’s use, modification, commercial exploitation and/or incorporation into the IEL API are entirely at IEL’s sole discretion and risk.
  • You hereby grant to IEL, for so long as its IEL API-based Applications are Published and available to End Users, the right to collect and use data related to the use of and calls to the IEL API (the “Performance Data”) so as to analyze the performance of the IEL API in order to improve its operation. None of this data will be the data of the End User or you except to the extent necessary for evaluation of the performance of the IEL API and associated systems. The Performance Data will never include any personally identifiable information of any End User or you and, at all times, will be in anonymous, filtered or aggregate form.
  1. RESTRICTIONS AND RESPONSIBILITIES

The licenses granted in Section 2 of this Agreement are explicitly conditioned on your adherence to the following restrictions and compliance with its responsibilities as set forth herein.

  • You must comply with all restrictions set forth in this Agreement, and the General API Policies in all uses of the IEL API. The Terms of Service, IEL Privacy Policy, and the General API Policies may be amended from time to time per section 6 of this
  • If IEL believes, in its sole discretion, that you have violated or attempted to violate any, material term, or condition of this Agreement, IEL shall provide email notice to you of such violation and you shall be afforded ten (10) business days in which to cure any such alleged violation. In the event that you fail within such ten (10) days to cure the violation, upon notice as provided in Section 13.2, the license afforded you pursuant to this Agreement may be temporarily or permanently revoked, upon notice to you.
  • In order to use and access the IEL API, you must obtain API credentials (a “Token”). You may not share your Token with any third party, shall make commercially reasonable efforts to keep such Token and all login information secure and shall use the Token as your sole means of accessing the IEL
  • Any IEL API-based Application created by you that uses or relies upon the IEL API shall not substantially replicate products or services offered by IEL, including, without limitation, functions or clients where IEL offers its own client or function. You shall not reverse engineer the IEL API. During the Term and for a period of six (6) months following the end of the Term, you shall not (a) develop new competitive products or services providing user metrics-based information for online gaming activities or (b) develop new competitive products or services providing  the ability to publish or incorporate metrics’ based information for end users of any online game; provided however, that nothing in this Section 3.4 shall be deemed to prohibit you from (i) engaging in any activity which they were conducting prior to the Effective Date (ii) developing your own models and analytical tools; (iii) making any other improvement, modification enhancement, integrations with other providers in support of End Users and Online Games; or (v) any other activities outside of your business relationship with IEL. You and/or IEL API-based Applications may not use or access the IEL API in order to monitor the availability, performance, or functionality of the IEL API and may not access the IEL API for any similar benchmarking
  • No IEL API-based Application may access the IEL API and include, for any purpose, functionality designed to “data mine” the IEL API for any purpose other than ordinary use of the IEL API in connection with providing user metrics-based information for online gaming activities via the IEL API. Specifically, no IEL API-based Application shall be used as a data gathering application designed to pull data using the IEL API for the primary purpose of gathering data on any individual or group of yours or End Users.
  • You shall not, under any circumstances repackage or resell the IEL API, any End User metrics-based data, or any other data derived from the IEL API. You are not permitted to use the IEL API in any manner that does or could potentially undermine the security of the IEL API, or any other data or information stored or transmitted using the IEL API. In addition, You shall not, and shall not attempt to, (a) interfere with, modify or disable any features, functionality or security controls of the IEL API, defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the IEL API, or reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the IEL API, (b) store or cache data within an IEL API-based Application, or (c) make the IEL API available for use in any application not developed by you.
  • You acknowledge that you are solely responsible, and that IEL has no responsibility or liability of any kind, for the content, development, operation, support or maintenance of any IEL API-based Application. Without limiting the foregoing, You agree to be solely responsible for (i) the technical installation and operation of any of all IEL API-based Applications; (ii) creating and displaying information and content on, through or within any of the IEL API-based Applications; (iii) ensuring that all of your IEL API-based Applications do not intentionally violate or infringe the Intellectual Property Rights of any third party; (iv) ensuring that all of your IEL API-based Applications are not offensive, profane, obscene, libelous or otherwise illegal; and (v) ensuring that all of your IEL API-based Applications do not contain or introduce any viruses, malicious code, trojan horse, worm, time bomb, self-help code, back door or other software code or routine that damages, destroys, alters or permits unauthorized access to any software, hardware or data (“Malicious Software) into the IEL API, or other data stored or transmitted using the IEL API.
  • You will respect and comply with the technical and policy-implemented limitations of the IEL API and the restrictions of this Agreement in designing and implementing all IEL API-based Applications. Similarly, IEL shall have the right to limit Your usage of or access to the IEL API or calls to the IEL API to prevent negative impacts on the performance of the IEL API and other users of the IEL API. Without limiting the foregoing, You shall not violate any explicit or reasonable rate limitations on calling, pulling, or otherwise utilizing the IEL
  • You shall not make any modifications to any Illustration Data, other than as reasonably necessary to modify the formatting of such Illustration Data in order to display it in a manner appropriate for the pertinent IEL API-based
  1. REPRESENTATIONS, WARRANTIES AND COVENANTS
    • You represent, warrant and covenant that (i) your IEL API-based Applications, the use of such IEL API-based Applications, and the activities with respect to such IEL API-based Applications undertaken by you in accordance with the terms of this Agreement, do not and will not intentionally violate, misappropriate or infringe upon the Intellectual Property Rights of any third party; (ii) you will comply with local, state, national and international laws and regulations to which it is subject to, including, without limitation, all U.S. export control laws, and maintain all licenses, permits and other permissions necessary to develop, implement and Publish any IEL API-based Application; (iii) no IEL API-based Application will contain or introduce into the IEL API, any Malicious Software; and (iv) you have all right, power and authority to grant the licenses granted to IEL herein.
    • IEL represents, warrants and covenants that (i) the IEL API does not and will not intentionally violate, misappropriate or infringe upon the Intellectual Property Rights of any third party; (ii) IEL will comply with local, state, national and international laws and regulations to which it is subject to, including, without limitation, all U.S. export control laws, and maintain all licenses, permits and other permissions necessary to enable you to develop and use IEL API-based Applications; and (iii) it has all right, power and authority to grant the licenses granted to You herein.
  1. MODIFICATIONS 

You acknowledge and agree that IEL may modify the Service, the IEL API, the General API Policies, and the Terms of Service from time to time (a “Modification”). You will be notified of a Modification to the IEL API or the General API Policies through notifications or posts on the IEL Developer Website or the Service, or through direct communication to an email account associated with your access to the IEL API and be provided reasonable time, but in no event less than the Conformance Period, to accept or reject any such Modification. All Modifications shall be communicated through the IEL API, the Service, the IEL website at www.app.indieesportsleague.com or through a form of direct communication from IEL to you. Modifications will not apply retroactively and will become effective no sooner than thirty days after they are posted (the “Conformance Period”). You shall, within the Conformance Period, comply with such Modification(s) by implementing and using the most current version of the IEL API and making any changes to IEL API-based Applications that may be required as a result of such Modification(s). You acknowledge that a Modification may have an adverse effect on IEL API-based Applications, including but not limited to changing the manner in which IEL API-based Applications communicate with the IEL API and display or transmit End User Online Game metrics.

  1. OWNERSHIP

Subject to the limited licenses expressly provided in this Agreement, nothing in this Agreement transfers or assigns to IEL any of your Intellectual Property Rights in its IEL API-based Applications or your Marks or other technology, and nothing in this Agreement transfers or assigns to you any of IEL’s Intellectual Property Rights in the Service, the IEL API, the IEL Marks, or IEL’s other technology or the respective Intellectual Property Rights.

7.      SUPPORT

IEL shall provide all reasonably requested support and Support Services to You for the IEL API as provided in Exhibit A. You are solely responsible for providing all support and technical assistance to End Users arising in connection with their use of IEL API-based Applications. You acknowledge and agree that IEL has no obligation to provide support or technical assistance with regard to any IEL API-based Application and you shall not represent that IEL is available to provide such support. You agree to use commercially reasonable efforts to provide support for your IEL API-based Applications as support resources are available.

  1. CONFIDENTIALITY

Each of the Parties may from time to time, gain access to Confidential Information of the other Party. At all times during and after this Agreement, the Party receiving the Confidential Information of the other Party (the “Recipient”) may use Confidential Information of the other Party (the “Discloser”) only to the extent necessary to exercise Recipient’s rights under this Agreement and subject to the express permissions set forth herein. At all times during and for a period of two (2) years after the termination of  this Agreement or any renewal term, Recipient may not disclose Confidential Information to a third party without the prior written consent of Discloser. Without limiting any other obligation of Recipient under this Agreement, at all times during and for a period of two years after the termination of this Agreement or any renewal term, Recipient agrees that it will protect Confidential Information of Discloser from unauthorized use, access, or disclosure in a commercially reasonable manner and no less than the same manner that Recipient would use to protect its own confidential and proprietary information of a similar nature.

  1. DISCLAIMER OF WARRANTIES 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL ASPECTS OF THE SERVICE AND THE IEL API, INCLUDING ALL SERVER AND NETWORK COMPONENTS AND ALL LICESEE MODIFICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING AVAILABILITY OR UPTIME FOR THE SERVICE OR THE IEL API, TO THE FULLEST EXTENT PERMITTED BY LAW, AND IEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE. IEL DOES NOT WARRANT THAT THE SERVICE OR THE IEL API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, UNINTERUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM IEL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. PROVIDED HOWEVER, THAT IN THE EVENT THAT THE SERVICE OR IEL API IS INTERRUPTED, UNTIMELY, NOT SECURE, CONTAINS ERRORS, IS INACCURATE, OR THAT ANY DEFECTS REMAIN UNCORRECTED, CONTAIN VIRUSES OR OTHER MALICIOUS SOFTWARE, YOU MAY TERMINATE THIS AGREEMENT IMMEDIATELY

10.     LIMITATION OF LIABILITY
  • UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH
  • NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT AVAILABLE FROM THE PROCEEDS OF ANY INSURANCE WITHOUT SUBROGATION. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR OF THE DISCOVERY OF THE FIRST EVENT OR OCCURRENCE GIVING RISE TO THE CLAIM.
  • Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you or IEL. IN THESE JURISDICTIONS, IEL’S AND YOUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The limitations set forth in Section 10.2 and this Section 3 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. THE PARTIES ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
  1. INDEMNIFICATION

11.1 You will indemnify and hold harmless IEL, and its subsidiaries, affiliates, officers, agents, and employees, from and against any and all claims, liabilities, damages (actual), losses and reasonable attorneys’ fees arising from your use of the IEL API and any violation of this Agreement by you. Your foregoing indemnification obligations are subject to IEL (i) promptly giving you written notice of the claim; (ii) giving you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release IEL of all liability and such settlement does not affect IEL’s business or Service); (iii) providing you with all available information and assistance; and (iv) not having compromised or settled such claim. This section states your sole liability with respect to, and IEL’s exclusive remedy against you for, any claim.

11.2 IEL will indemnify and hold harmless you, and your subsidiaries, affiliates, officers, agents, and employees, from and against any and all claims, liabilities, damages (actual), losses and reasonable attorneys’ fees arising from your use of the IEL API and any violation of this Agreement by IEL. The foregoing indemnification obligations of IEL are subject to you (i) promptly giving IEL written notice of the claim; (ii) giving IEL sole control of the defense and settlement of the claim (provided that IEL may not settle or defend any claim unless IEL unconditionally releases you of all liability and such settlement does not affect you’s business); (iii) providing IEL with all available information and assistance; and (iv) not having compromised or settled such claim. This section states IEL sole liability with respect to, and your exclusive remedy against IEL for, any claim.

  1. TERM AND TERMINATION
  • This Agreement shall commence on the Effective Date and will remain in effect for twelve (12) months. Thereafter this Agreement shall be renewable for additional twelve-month periods until terminated pursuant to this SECTION 12.
  • Either Party may terminate this Agreement, effective on written notice to the other party, if the other Party materially breaches this Agreement and such breach is not cured within 30 days of its receipt of notice.
  • After the initial twelve-month term of this Agreement, provided that you are not in default of any of your obligations under this Agreement, You may elect to renew this Agreement for additional twelve-month periods, by providing IEL with notice of renewal at least 60 days prior to expiration of the-then current term. During any renewal term, either Party may elect to terminate this Agreement, for any reason or for no reason, by providing 90 days’ notice to the other Party.
  • Any termination of this Agreement shall also terminate the licenses granted hereunder.
  • Upon termination of this Agreement for any reason, each Party shall cease using, and either return to the other Party, or destroy and remove from all computers, hard drives, networks, and other storage media, all copies of any materials licensed pursuant to this Agreement and any Confidential Information in the Party’s possession and shall certify to the other Party in writing upon such Party’s request that such actions have occurred. Neither Party, nor its representatives, will be required to erase any computer records and/or electronic files containing Confidential Information that have been created pursuant to automatic archiving and back-up procedures in accordance with its ordinary electronic archiving or document retention policies or applicable law. In addition to any rights that accrued prior to termination, the provisions of SECTIONS 1, 2.4, 3, 4, 7, and 919 shall survive termination of this
  1. REMEDIES

The Parties acknowledge that any breach of this Agreement by a Party may cause irreparable harm to the other Party, the extent of which would be difficult to ascertain. Accordingly, both Parties agree that, in addition to any other remedies to which they individually may be legally entitled, each Party shall have the right to seek immediate injunctive relief in the event of a breach of this Agreement by the other Party or any of its officers, employees, consultants or other agents.

  1. ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS
  • Except with respect to any affiliated or other entity controlled by you or as otherwise provided in this Section 14.1, you may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or your rights under this Agreement or delegate performance of your duties under this Agreement without IEL’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed. Either Party may, without the other Party’s consent, assign this Agreement to any affiliate or in connection with any merger or change of control of such Party or the sale of all or substantially all of its assets provided that any such successor agrees to fulfill its obligations pursuant to this Agreement. Notwithstanding anything herein to the contrary, you may, without IEL’s consent, assign this Agreement to a successor by merger or in connection with the sale of all or substantially all of your assets provided that any such successor agrees to fulfill its obligations pursuant to this Agreement. Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and
  • This Agreement, together with any other agreement by and between you and IEL, the IEL Privacy Policy, and the General API Policies, constitute the entire agreement among the Parties with respect to the subject matter of this Agreement. Either Party’s failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this
  1. SEVERABILITY 

If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and, in any event, the remaining provisions of this Agreement shall remain in effect.

  1. RELATIONSHIP OF THE PARTIES

The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the Parties.

17.     NOTICE

All notices to be provided by IEL to you under this Agreement may be delivered by electronic mail to the electronic mail address provided for an account owner related to license of the IEL API. All notices shall be deemed to have been given immediately upon delivery by electronic mail.

  1. GOVERNING LAW

This Agreement shall be governed by the laws of the State of California without regard to conflict of laws principles. You hereby expressly agrees to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, County of Los Angeles, for the purpose of resolving any dispute relating to this Agreement.

 

EXHIBIT A

Support Services

Support Services are included in the IEL API Subscription and entitles the you to the following:

  • IEL will provide technical support to you via electronic mail on weekdays during the hours of 7:00 am through 5:00 pm Pacific time, with the exclusion of IEL and U.S. Federal Holidays (“Support Hours”).
  • IEL will use commercially reasonable efforts to respond to all helpdesk tickets within one (1) business day.
  • IEL will provide bug fixes and corrections as needed in order to bring the technology into alignment with IEL API operating specifications.

 

SCHEDULE A

IEL PRIVACY POLICY

Privacy Matters

INDIE ESPORTS LEAGUE’S mission is to provide tools to extend the life cycle of indie games and promote competitive play amongst their audiences and influencers. Central to this mission is our commitment to be transparent about the data we collect about game developers, publishers, and gamers, how it is used, and with whom it is shared.

This Privacy Policy applies when game developers, publishers, and gamers use our Services (described below).

Introduction

Indie Esports League is a multi-game, cross-platform league, ladder, and leaderboard system built for game developers, publishers and game players.

For developers and publishers, IEL provides tools that enable games to be played, scored, and ranked competitively. For gamers, IEL provides a location for the discovery and access to games and gives the ability to compete against friends, peers, and other gamers globally. Gamers can build their profile, check their rank, and view gameplay statistics. (collectively, “Services”).

Services

This Privacy Policy applies to the use of our Services by game developers, publishers, and gamers (collectively, where applicable, “you, your, or your ’s”).

This Privacy Policy applies to indieesportsleague.com. For California residents, additional disclosures required by California law may be found in our www.indieesportsleague.com/california-privacy Indie Esports League will be the controller of your personal data provided to, or collected by or for, or processed in connection with, our Services. The you acknowledge and agree that by your use of the Services the collection, use and sharing of your personal data is subject to this Privacy Policy and other documents referenced in this Privacy Policy, as well as updates.

Change

Changes to our Privacy Policy apply to your use of our Services after the effective date thereof.

Indie Esports League (“we” or “us”) can modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account at any time.

You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy, as of its effective date.

  1. Data We Collect

1.1 Data You to Us

You provide data to create an account with us.

Registration

When you register and a profile is created, we collect Personal Data provided by you, such as your username, email address and profile picture. If you register through a third party log-in/ account registration service (such as Facebook, Gmail, etc.), we collect your basic profile information from such third-party log-in/account registration service and your profile picture. We also collect Personal Data when you use the Services, such as games you played, language preference, referring site, pages viewed and the order of those pages etc, or contact us with questions or complaints. When you visit our Site and/or use the Services, we automatically collect your IP address, operating system, connected device, hardware details and other information about your use of the Site and/or Services. We can receive aggregated data containing impressions, revenue, video stats, as well as confirmation of user completions.

1.2 Data From Others

Others may post or write about you.

Related Companies and Other Services

We receive data about you through your use some of the other services provided by us or other companies. For example, you may choose to send us information about your contacts for networking activities on our Services.

We may also collect Personal Data received from third parties to the extent that they have entered into an agreement with you. For example, by using the Facebook login feature.

When you interact with us through the Services, we receive and store certain data, such as your activities within the Services (games you played, language preference, referring site, pages viewed and the order of those pages etc.) and information related to the device on which our Services are running (operating system version, data about your connected devices, hardware details etc.). We can receive aggregated data containing impressions, revenue, video stats, as well as confirmation of user completions.

It is your voluntary decision whether to provide us with any such Personal Data, but if you refuse to provide such information, we may not be able to register you and/or provide you with the Services.

1.3 Service Use

We log visits and use of our Services by you, including mobile apps.

We log usage data when you visit or otherwise use our Services, including our sites, app and platform technology, such as when you view or click on content (e.g., learning video) or ads (on or off our sites and apps), perform a search. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify and log use by you.

1.4 Cookies and Similar Technologies

We use cookies and similar technologies (e.g., pixels and ad tags) to collect data (e.g., device IDs) to recognize your device(s) on, off and across different services and devices where you have engaged with our Services. We also allow some others to use cookies as described in our Cookie Policy.

1.5 Your Device and Location

We receive data from your devices and networks, including location data. When you visit or leave our Services (including some plugins and our cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to and the times of visits to such sites. We also get information about your networks and devices (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or mobile carriers). If you use our Services from a mobile device, that device will send us data about your location based on phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise locations.

1.6 Messages

If you communicate through our Services, we learn about that.  We collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get an Indie Esports League message, we track whether you have acted on it and will send you reminders.

1.7 Other

We are improving our Services, which means we get new data and create new ways to use data.

Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we collect, use or share you’ data, we will notify you.

  1. How We Use Your Data

We use your data to provide, support, personalize and develop our Services.

How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your settings. We use the data that we have about you to provide and personalize our Services, including with the help of automated systems and inferences we make, so that our Services (including ads) can be more relevant and useful to you.

2.1 Services

We use your data to authorize access to our Services and honor your settings.

Stay Connected

Our Services allow you to engage with the content that represents who you intend to become or the habits that you intend to form. As part of this, you can “connect” with the professionals who create said content, and who also wish to “connect” with you.

Stay Informed

Our Services allow you to stay informed about games, competitions, content, programs and ideas regarding competitive gaming, gaming generally and Esports, and from professionals you respect. Our Services also allow you to promote your achievements and gaming skills or learn about new gaming and Esports content creators. We use the data we have about you (e.g., data you provide, data we collect from your engagement with our Services and inferences we make from the data we have about you), to personalize our Services for you, such as by recommending or ranking relevant content and conversations on our Services.

2.3 Aggregated Data

Aggregated data is anonymous and will not be linked to any specific individual. In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our customer demographics, interests and behavior based on the data collected. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners without restriction, under commercial terms that we can determine in our sole discretion. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

2.3 Analytics

We and/or our service providers or subcontractors, use analytics tools (“Tools”), including “Google Analytics” to collect information about the use of the Services. Such Tools collect information such as how often users visit the Services, what pages they visit when they do so, and what other sites and mobile applications they used prior to visiting the Services. The Tools may collect certain Personal Data, and may link such Personal Data to specific information stored in our customer database. We use the information we get from the Tools to improve our Services. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use located at www.google.com/analytics/terms/us.html and the Google Privacy Policy located at policies.google.com/privacy .

2.4 Communications

We contact you and enable communications between content creators and you. We offer settings to control what messages you receive and how often you receive some types of messages.

We will contact you through email, mobile phone, notices posted on our websites or apps, messages to your Indie Esports League inbox, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Services, security, or other service-related issues. You may change your communication preferences at any time. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices.

2.5 Developing Services and Research

We develop our Services and conduct research.

Service Development

We use data, including public feedback, to conduct research and development for our Services in order to provide you with a better, more intuitive and personalized experience, drive membership growth and engagement on our Services, and help connect professionals to each other and to economic opportunity. 

Surveys

Polls and surveys are conducted by us and others through our Services. You are not obligated to respond to polls or surveys, and you have choices about the information you provide. You may opt-out of survey invitations.

2.6 Customer Support

We use data to help you and fix problems.

We use data (which can include your communications) to investigate, respond to and resolve complaints and for Service issues (e.g., bugs).

2.7 Insights That Do Not Identify You

We use data to generate insights that do not identify you.

We use your data to produce and share insights that do not identify you. For example, we may use your data to generate statistics about our members, popular content or to publish visitor demographics for a particular Service or piece of content.

2.8 Security and Investigations

We use data for security, fraud prevention and investigations.

We use your data (including your communications) for security purposes or to prevent or investigate possible fraud or other violations of our User Agreement and/or attempts to harm our Members, Visitors or others.

  1. How We Share Information

3.1 Our Services

Any data that you include on your profile and any content you post or social action (e.g., likes, follows, comments, shares) you take on our Services will be seen by others, consistent with your settings. By creating and linking a profile on Indie Esports League you agree that your gaming statistics and ranks for all games played will be seen by others consistent with your settings.

3.2 Service Providers

We may use others to help us with our Services.

We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

3.3 Legal Disclosures

We may need to share your data when we believe it is required by law or to help protect the rights and safety of you or us.

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of Indie Esports League, you, or our personnel. We attempt to notify you about legal demands for your personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

3.4 Change in Control or Sale 

We may share your data when our business is sold to others, but it must continue to be used in accordance with this Privacy Policy.

We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

  1. Your Choices & Obligations

4.1 Data Retention 

We keep most of your personal data for as long as your accounts are open or as needed to provide Services to you. This includes data you or others provided to us and data generated or inferred from your use of our Services. Even if you only use our Services on an infrequent basis, we will retain your information and keep your profile open, unless you close your account. In some cases, we choose to retain certain information (e.g., insights about Services use) in a depersonalized or aggregated form.

4.2 Rights to Access and Control Your Personal Data

You can access or delete your personal data. You have many choices about how your data is collected, used and shared.

For personal data that we have about you, you can:

  • Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you).
  • Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it is inaccurate.
  • Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).

You may contact us using the contact information below, and we will consider your request in accordance with applicable laws.

4.3 Account Closure

We generally delete closed account information within 30 days of account closure, except as noted below.

We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.

  1. Other Important Information

 

5.1. Security

We monitor for and try to prevent security breaches. Please use the security features available through our Services.

We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

5.2. Direct Marketing

We currently do not share personal data with third parties for their direct marketing purposes without your permission.

5.3. Contact Information 

You can contact us or use other options to resolve any complaints.

If you have questions or complaints regarding this Policy, please first contact Indie Esports League at support@indieesportsleague.com.