ESPORTS CODE OF CONDUCT
At GrindHouseGaming, we are a team of passionate eSports enthusiasts. It is our desire to create a community of equally passionate individuals who wish to compete in and/or watch eSports events. In order to do so, we aspire to create eSports events and tournaments that are engaging, fun, and welcoming to all players and spectators.
As the eSports world is ever evolving, this document will continue to change. Any changes to this document will be posted online. Your continued participation in any event or tournament, either as a player or spectator, means that you consent to the rules below, and any updates. We recommend that you review the Code of Conduct (the “Code”) regularly to ensure you are aware of your rights and responsibilities.
The following Code applies to all online and live eSports events and tournaments operated by GrindHouseGaming, LLC.
The Code is meant as a guide to ensure that all players compete in a fair and sportsmanlike manner, and that players and spectators demonstrate appropriate social behavior. Anyone participating in or watching an event or tournament is bound by the Code, and may be asked to leave the venue, and if applicable, disqualified or prohibited in participating in future events or tournaments if they fail to do so.
The following rules apply to individuals participating in an event or tournament (each a “player”).
All players are expected to conduct themselves in a manner that reflects positively on the event or tournament, including all individuals and organizations affiliated with the event or tournament.
Competition:
Players are expected to compete to the best of their ability at all times during the event or tournament, and must at all times act in accordance with the rules for the event or tournament, including any direction given by the administrator or anyone acting on its behalf.
Cheating is defined as any act that gives one player a competitive advantage over another. If a player feels that they have been cheated by another player, that players must raise their concern with the administrator immediately, by providing as much detail as possible. Complaints should always be accompanied by video or photographic evidence, if available, or other documentation to validate the claim. All complaints will be handled on a case-by-case basis, and depending on severity may result in: i) an initial warning, or for a second offense, immediate forfeit of the current game or match; ii) immediate forfeit of current game or match; or iii) immediate disqualification from the event or tournament and prohibition from participating in future events or tournaments. Examples of cheating include, but are not limited to:
Collusion and Match Fixing, defined as any agreement between two (2) or more players to disadvantage opposing players.
Hacking or modifying the game.
Using a prohibited class, team, weapon, item, or action during a game.
Spectating an opposing players’ monitor or live streams.
Using restricted hardware or equipment during a game.
Using any player that was not registered during registration.
Intentionally disconnecting from any game prior to its official conclusion.
Exploiting known in-game bugs, glitches, and unintended game features to disadvantage opposing players.
Sportsmanship:
We are committed to providing players with a competitive environment that is free of harassment and discrimination. To that end: Players may not use language in relation to the event or tournament that is deemed by the administrator to be obscene, foul, vulgar, insulting, threatening, abusive, or otherwise offensive or objectionable.
Players may not engage in the harassment of a country, private person or group of people through contemptuous or discriminatory words or actions on account of race, skin color, ethnic, national or social origin, ability, gender, language, religion, political opinion or any other opinion, financial status, birth or any other status, sexual orientation or any other reason.
Prohibited Content:
We encourage players to wear their own jerseys and to create unique team names and player nicknames. However, jerseys, team names and players nicknames containing the following are prohibited, and may not be worn or used at any event related to the event tournament, including but not limited to, game play, player/team interviews, public appearances, or any other event where the players are appearing on behalf of or representing the event or tournament:
Sponsorship categories including but not limited to, drugs, alcohol or tobacco, legal or otherwise, pornography, or R rated content, firearms, political or religious organizations, hazardous products or services, gambling related products or services, products or services that represent trade with countries subject to embargoes or trade sanctions by Canada and/or the United States;
Language that is obscene, foul, vulgar, insulting, threatening, abusive, or otherwise offensive or objectionable; Language that espouses insults, hate or harassment, or is demeaning towards individuals or groups; or Content that may infringe the rights of any third party, including but not limited to intellectual property rights, or rights of a person, including parodies or satirical references to third party intellectual property.
General:
Players are expected to respond to requests from administrators in a timely manner. Players may not disclose any confidential information provided by administrators or any parties related to the event or tournament, by any method of communication, including all social media channels.
In addition to the Code of Conduct, players may be obligated to comply with any rules or regulations imposed on them by the game manufacturer or equipment providers (i.e. terms and conditions associated third party accounts required for participation in an event or tournament, including but not limited to PlayStation, Xbox, or Blizzard). The following rules apply to individuals attending a live event or tournament (each a “Spectator”): While watching an eSports tournament live is an exciting opportunity, players are not merely participating for the enjoyment of the audience. They are there to compete in an event or tournament, which requires a level of concentration.
Applauding and cheering for your favorite player or team is encouraged. However, heckling and abusive language towards players, referees, commentators or other spectators is not. Further, any attempt by a spectator to influence the result of a game will be dealt with accordingly and may result in immediate expulsion from the venue (for example, calling out one player’s position on a map, to give an advantage to another player).
Spectators found to be using language that is deemed by the administrator to be obscene, foul, vulgar, insulting, threatening, abusive, or otherwise offensive, objectionable espouses insults, hate or harassment, or is demeaning towards individuals or groups will be asked to leave the venue.
The following rules apply to both Players and Spectators:
No Drugs or Alcohol:
Use of drugs or alcohol, legal or otherwise, may lead to disruptive behavior. Players and spectators believed to be under the influence of drugs or alcohol may be removed, and in the case of players, disqualified from the event or tournament at the sole discretion of the administrator.
Our goal at GrindHouseGaming is to provide online console, desktop and mobile gamers of all skill levels the chance to play the best games for the best prizes. In order to ensure fair play, and that every member is treated with the respect they deserve, these are the rules of our site. These are our Terms and Conditions of service (“T&Cs”). Users who do not comply with the T&Cs will face consequences as hereinafter described.
1. Binding Terms and Conditions
1.1 Terms and Conditions Binding
GrindHouseGaming welcomes you. These T&Cs apply to web sites and interactive services (individually a “Service” and collectively the “Services”) owned or operated by GrindHouseGaming, LLC and its subsidiaries and affiliates (“GrindHouseGaming”, “we” or “us”), which includes, without limitation, GrindHouseGaming,LLC and its white label partners. By signing up for an account and becoming a member to participate in any game or tournament offered on GrindHouseGaming.com (the “Site”) you confirm your knowledge of and agreement to be bound by the then most current version of these T&Cs, which can be accessed from the Site. GrindHouseGaming may modify these T&Cs at any time, without advance notice. You are responsible for reviewing these T&Cs periodically for any modifications. Your continued use of the Site following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Service, including contest rules and eligibility. We will provide these terms to you or post them on the website pages to which they apply; they are incorporated by reference into these T&Cs. If there is a conflict between these T&Cs and any additional terms that apply to a particular Service, the additional terms will control.
As set out in more detail below, GrindHouseGaming RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OF ANY MEMBER WHO VIOLATES, OR WHOM GrindHouseGaming REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE TERMS AND CONDITIONS OF SERVICE, AT ANY TIME WITHOUT NOTICE. Please note that if a member’s account is closed due to a violation of the T&Cs, GrindHouseGaming reserves the right to determine how the member’s account balance will be distributed.
1.2 Governing Law and Disputes
These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the courts of the Province of Ontario located in Toronto, Ontario, Canada, in all disputes arising out of or relating to the Services. Notwithstanding any other provisions of these T&Cs, we may seek injunctive or other equitable relief from any court of competent jurisdiction. You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.
We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By utilizing the Services and participating in Site activities, you certify that you meet the age and other eligibility requirements for the Site and the Services set forth in the T&Cs. If you do not meet the age and other eligibility requirements, please discontinue using the Site and the Services immediately.
1.3. Entire Agreement
These T&Cs, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to a particular Service and the Privacy Policy), constitute the entire agreement between you and GrindHouseGaming regarding the Services and cannot be modified by you, or any person affiliated, or claiming affiliation, with GrindHouseGaming except by express written agreement.
1.4. Severability
If any portion of these T&Cs is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, liability limitations and commitment not to participate in class action proceedings set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs shall continue in effect.
2. Eligibility and Restrictions on Participation
2.1 Eligibility
In order to sign up and maintain an account on the Site, an individual must:
be a natural person, at least 14 years old, and who has had the email address submitted on the account sign up form assigned to their use and control as represented;
be a citizen or resident of a country (“Territory”) where skilled gaming is legal (as applicable from state to state within a given Territory);
be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws; and
comply with these T&Cs at all times.
Individuals between 14 and 18 must have permission from a parent or legal guardian, who must read these T&Cs and agree to be bound by them, on behalf of their minor child. GrindHouseGaming reserves the right to confirm that such permission has been granted and to close or restrict any Accounts until GrindHouseGaming is satisfied that a parent or legal guardian has read the T&Cs and agrees to allow their minor child to hold an account.
Certain sections of the Site are age gated to prevent minors from accessing games such as pay-to-enter games and tournaments. Minors may be prohibited from playing games or entering tournaments based on ESRB or other game ratings, or conditions set by GrindHouseGaming.
All signed up account holders may play free or non-prizing tournaments on the Site (subject to the age rating of the game). Members over the age of 18 or from certain Territories may choose to also play pay-to-enter games and tournaments. Officers, directors and agents of GrindHouseGaming, GrindHouseGaming,LLC and its affiliates are not eligible to participate.
Additional Information for U.S. Citizens and Residents: The laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by each individual state, not by the federal government. As such, GrindHouseGaming CANNOT, and therefore DOES NOT, offer fee-based tournaments or games with prizes to residents of the following states: Louisiana, Montana. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If you open an account and/or participate in any tournament or game offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these T&Cs, and subject to having your account suspended or terminated and all winnings (if any) voided.
2.2 Information Required
Upon sign up and/or to facilitate refund and prize payments to you, you are required to provide the following information:
an alias that will be your username
a password
your e-mail address
birth date
full name
permanent residential address
phone number
credit card or other payment information (only required if you are transferring funds to purchase entry in a pay-to-enter game or tournament)
The information provided must be true, accurate, current and complete, as requested. You agree to update the sign up data to keep it current and accurate. If GrindHouseGaming determines you are signing up with purposely incorrect information, GrindHouseGaming reserves the right to close your account. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled. GrindHouseGaming also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.
Make your GrindHouseGaming username fun if you like, but keep it clean.
2.3 Local Laws
You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree GrindHouseGaming and its affliates cannot be held liable if laws applicable to you restrict or prohibit your participation. GrindHouseGaming and its affiliates make no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with GrindHouseGaming and its affiliates have authority to make any such representations or warranties.
GrindHouseGaming and its affiliates reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
2.4 Proof of Eligibility
GrindHouseGaming may at any time require any member to provide proof of eligibility to participate in order to continue to allow such member access to the Site and the Services, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. In addition, each member will be required to provide proper identification and proof of eligibility prior to receiving a prize from GrindHouseGaming. Participants may, at their option, pre-confirm their identification at any time. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO GrindHouseGaming, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE MEMBER’S ACCOUNT.
2.5 Limitations on Participation
You are only permitted to sign up for one active account on the Site. Additionally, GrindHouseGaming only allows users to have one account per household. GrindHouseGaming reserves the right to monitor any effort to establish multiple accounts. In the event it is discovered that you have opened more than one account, all accounts will be closed without notice. GrindHouseGaming reserves the right to deny access to anyone, including, but not limited to, those members who use proxy servers and/or IP addresses residing in certain geographical areas.
GrindHouseGaming reserves the right to limit your activity on the site in any way it deems appropriate, in its sole discretion. The Site reserves the right to set expiration dates or other limits on all promotional or bonus funds or credits, including entry-fee bonuses or credits and prize credits applied to your account.
2.6 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these T&Cs, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. All activities undertaken under a member’s account will be deemed to have been done by that member.
2.7 Violation of the T&Cs and Abuse: Liability
Any member who displays behaviour which may be interpreted as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. “sandbagging”), harassment of other participants, posting of objectionable material, any breach of these T&Cs, or any breach or attempted breach of the security of your account or the Site (collectively, “Abuse”), shall be subject to immediate sanction (as determined by GrindHouseGaming in its sole discretion), up to and including account termination and blocking of Site access, the voiding of any winnings, in the case of money laundering or any other illegal activity, disclosure to the appropriate police authorities, and legal action at the sole discretion of GrindHouseGaming.
3. Privacy
3.1 Privacy Policy
Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and you consent to our use and disclosure of such data in compliance with the Privacy Policy. As more described in the Privacy Policy, when you accept any prize in connection with the Services, you will execute a release which will constitute your consent for GrindHouseGaming’s disclosure of personal information for the promotional purposes described in Section 3.2.
3.2 Express Consent for Business Purposes and Promotional Activities
When you sign up for an account, we ask for your consent so that GrindHouseGaming and its affiliates may display your username and tournament records and other usage information collected through the Site, for the purpose of promotion, including the promotion of tournaments and games, GrindHouseGaming and its affiliates. By accepting any prize from GrindHouseGaming and its affiliates, you agree to allow GrindHouseGaming and its affiliates to use, distribute, modify, adapt, reproduce, print, publish, publicly display, and broadcast, royalty-free, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.
3.3 Third-Party Payment Processors
GrindHouseGaming uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process entry fees, refunds and prizes to and from you. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize GrindHouseGaming to instruct such Payment Processors to handle entry fees, refunds and prizes for you as reasonably required to provide you the Services and you irrevocably agree that the Company may give such instructions on your behalf in accordance with your requests as submitted through the Site, or via instructions to Customer Support. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these T&Cs and the Payment Processors’ terms and conditions, then these T&Cs shall prevail. You agree that GrindHouseGaming is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third-party in connection with your use of the Services or the Site.
3.4 Submissions
If you submit or transmit audio, video, or text materials to the Site, including, but not limited to, comments, questions, suggestions, drawings, or computer programs (collectively, “Submissions”), you grant to GrindHouseGaming and its affiliates, its partners and distributors, a non-exclusive, worldwide, royalty-free, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those Submissions, and your name, voice, likeness and other identifying information where part of a Submission, in any form, media, or technology of any kind now known or developed in the future, for the purpose of developing and marketing game products and tournaments. You herby waive any moral rights you may have in such Submissions. Except as provided in the Privacy Policy, Submissions shall not be subject to any obligation of confidence on the part of GrindHouseGaming and its affiliates.
You represent and warrant that you have all rights necessary to grant to GrindHouseGaming and its affiliates the license above and that none of your Submissions are defamatory, violate any rights of third parties, including, without limitation, any intellectual property rights, or violate applicable laws.
4. Games
4.1 Skilled Gaming for Prizes
Each member acknowledges that the outcome of the matches and tournaments offered on the Site are directly related to the number of members participating, and the skill levels of each member participating. GrindHouseGaming does not comment or have knowledge of the probability of one member winning a match vs. another member, and makes no representations about an individual member’s chances of winning.
Prizes are generally cash amounts, which are paid to you through electronic third party payment processors. The prizes offered in all tournaments will be disclosed at the beginning of such tournaments. If a tournament has to close prematurely, such as for maintenance or technical problems, the Site may attempt to reschedule, or process refunds if applicable.
4.2 Determination of Winners
The results and winners of each tournament offered on the Site will be determined by GrindHouseGaming, and such determinations are final. By signing up, joining and/or participating in any tournament, you agree to be bound by these determinations.
4.3 Game Play
The Site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game. You may not: (a) gain unauthorized access to the Site’s systems or any account (other than your own), interfere with the communications, procedures or performance of the Site or deliberately damage or undermine the Site; (b) affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, automated programs, screen analysis utilities, player collusion, any type of modifications, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Site; or (c) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings, bonuses and incentives to which you would otherwise be entitled, but potentially lead to civil and/or criminal prosecution. The Site, in its sole discretion, reserves the right to terminate any person’s account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authorities.
Disputes:
First time offenders deemed to have knowingly violated the T&Cs may receive an initial warning along with a minimum penalty of a thirty (30) day account suspension. Repeat offenders will be deemed to be intentionally violating the T&Cs and will face a minimum six (6) month suspension for a second violation and permanent suspension for a third violation.
Any dispute filed without evidence will be considered invalid.
Match Result Disputes: Any and all match evidence must be sent to support within two (2) hours of the scheduled match start time. This two (2) hour review period will be used by site administrators to examine match evidence and to assign the win to the appropriate user. Any dispute that is filed without evidence will be considered invalid. If only one party submits evidence during this two (2) hour time frame the user that provides the evidence will be deemed the winner of the match, while the opposing user will receive a loss. If no evidence has been reported by either party within the two (2) hour time frame the match will be cancelled or marked as incomplete. Once a match has been cancelled and marked incomplete, the results are irreversible and cannot be adjusted. The GrindHouseGaming Customer Support team has the sole discretion to ask users to provide additional evidence in order to determine the accurate winner. After thirty six (36) hours all match results will be final with no undoing, cancelling, or re-assigning winners.
Unresolved matches: If a winner cannot be established from an investigation by the GrindHouseGaming Customer Support team then the match will be cancelled.
Claiming a false win: If a user claims a “win” in a match that was either not played, or not completed, or drawn, or lost, an automatic forfeit and suspension will be issued, following on the suspension guideline listed above.
Submitting false evidence: If a user submits “false evidence”; evidence that has previously been submitted or archived from a previous match, evidence that has been altered in any way, or false evidence that has been created, then that user will automatically forfeit the match and immediately face a suspension, based on the suspension guideline listed above.
Abusive behaviour on platform: Any abusive, obscene, lewd, threatening or insulting behaviour by a user towards GrindHouseGaming Support staff or other players on the GrindHouseGaming Site will result in their immediate suspension for an indefinite period of time as determined by GrindHouseGaming Support staff. Sending multiple tickets associated with the same issue will result in disciplinary action following the suspension guideline.
Cheating: Any users who are caught cheating/boosting their statistics in any match on GrindHouseGaming will be suspended, based on the suspension guideline listed above. If cheating or boosting of records occurs during any bracket, leaderboard, or other style tournament, the user will be immediately disqualified with no entry fee reimbursement.
Lagging and IP Booting: Users who are caught lagging/IP booting matches will face an automatic loss and suspension. The suspension penalty will follow the suspension guideline listed above. When disputing a lagging match, video evidence of the lag is required in order for your dispute to be validated. You must be able to provide video evidence that clearly identifies the exit of the match. When playing a match with a poor connectivity level, be sure to quit before either you or your opponent gain a significant advantage in the match. When a user disconnects from a match while their opponent has a significant advantage, the user who disconnected will receive an automatic loss. If the match is played and completed in its entirety, the results of the match will stand. The GrindHouseGaming Customer Support team has the sole discretion to adjust end match results at any time.
5. Financial
5.1 Entry Fees and Prizes
When a member participates in a pay-to-enter game or tournament (a “Cash Game”), any entry fees for such Cash Games paid by the member represent a “Platform Fee” to GrindHouseGaming made solely for facilities provided by the Site for the setting up and management of all Cash Games. By participating in a Cash Game and paying this fee to GrindHouseGaming, each member acknowledges that these funds are held by GrindHouseGaming for such Services and that the member grants an irrevocable authority to GrindHouseGaming to pay the winner of the Cash Game the prize associated with such Cash Game.
Members should also be aware that the total entry fees paid by members in any given Cash Game are not paid out as prizes, as GrindHouseGaming retains part of the entry fees paid as a service fee on all Cash Games played. This fee allows for the continued operation and maintenance of the Site and the development of additional features and content for the Site in the future. The cash prizes in each tournament represent an amount determined by GrindHouseGaming in its absolute discretion and is subject to change without further notice to you.
5.2 Prize Payments
Your winnings are awarded to you in their entirety, and all federal, provincial, state, and local taxes due in connection with any winnings awarded to you are your sole liability and responsibility.
5.3 Inactivity Policy
For any account that has been dormant, GrindHouseGaming reserves the right to assess a maintenance fee of $2.00 per month from the remaining balance on deposit. A dormant account is any account in which the member has not logged on to the Site in three consecutive months. The inactivity fee will commence on the day after becoming dormant until the player’s balance is depleted to zero.
5.4 Currency
You hereby acknowledge and agree that:
all references to dollars or “$” on the Site are references to U.S. dollars (“USD”), and all transactions (entry fees, refunds and prizes) will be denominated in USD unless otherwise expressly stated;
as a result, if you make a payment to, or you receive a payment from, us in connection with your use of this Site, currency conversion may apply;
for the purpose of allowing you to make a payment to or receive a payment from us, all currency conversions shall be executed by an exchange rate offered by your financial institution; and
in every case, it is your responsibility to monitor and accept the exchange rate(s) offered and service charge(s) by your financial institution before proceeding with any transaction with the Site involving an exchange of currency.
IN EVERY CASE, AND WITHOUT LIMITING SECTION 10.1, GrindHouseGaming EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CURRENCY CONVERSION IN CONNECTION WITH THIS SITE, INCLUDING WITH RESPECT TO ANY POSTED OR ACTUAL RATES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO AUTHENTICITY, ACCURACY, COMPLETENESS, ERRORS, OMISSION, TYPOGRAPHIC ERRORS, DISRUPTION, DELAY, INTERRUPTION, FAILURE, DELETION, OR DEFECT IN CONNECTION WITH SUCH RATES, AND FURTHER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY AND ALL LOSSES DUE TO CHANGES IN EXCHANGE RATES WHICH MAY OCCUR.
6. Intellectual Property Rights Protected
6.1 Acknowledgment of Proprietary Rights
By signing up for an account and/or participating in any tournament or game offered on the Site, or using the Services, you acknowledge that all content included in the Services, including all Site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Services (collectively, the “Content”) is owned or licensed by GrindHouseGaming and/or its licensors. You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. GrindHouseGaming neither warrants nor represents that your use of the Content will not infringe rights of third parties. While GrindHouseGaming uses reasonable efforts to include accurate and up-to-date information, GrindHouseGaming makes no warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed and forming part of the Content, including the names of all games and tournaments, are registered and unregistered Trademarks of GrindHouseGaming and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on the Site without the written permission of GrindHouseGaming or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other Content, except as provided in these T&Cs and applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited.
You are also advised that GrindHouseGaming will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of civil litigation and referral for criminal and quasi-criminal prosecution where appropriate.
7. Site Rules of Conduct
7.1 GrindHouseGaming Discord, Message Board, and eMessage Policy
Rules of Conduct:
The Site reserves the right to temporarily or permanently ban members who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas of the GrindHouseGaming Discord.
The Site reserves the right to remove any posts for any reason.
Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.
Impersonating other members is not allowed.
Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed
Advertising or promotion of other companies or URLs is not allowed.
Please limit posting to the subject of the Site’s games, message board or site.
Do not share personal information (your name, phone number, home address, password) with others on the Site.
No advertising of any kind is allowed in messages.
No copyright materials are allowed in messages.
Information disclosed in the GrindHouseGaming Discord, message boards, or via eMessages becomes property of GrindHouseGaming and is revealed to the public. GrindHouseGaming is not responsible for any information you choose to disclose to others.
Advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages.
7.2 Esports Code of Conduct
By signing up for an account and/or participating in any game or tournament offered on the Site or otherwise affiliated with GrindHouseGaming, you agree to refrain from engaging in any behaviour causing or likely to cause harm to or reflect negatively upon the brand, reputation, or goodwill of GrindHouseGaming, including those of its affiliates, sponsors, and business partners. Members are expected to behave in a manner consistent with the GrindHouseGaming Esports Code of Conduct available at Esports Code of Conduct, which includes, but is not limited to, standards of honesty, respect, equality, and fair play. GrindHouseGaming reserves the right, in its sole and exclusive discretion, to monitor and evaluate any member’s past or present activity or online communications in assessing compliance with this term. In the event any member is found to be engaging, to have previously engaged, or is suspected to have engaged in behaviour that is contrary to the rules, standards, and valued expressed herein, GrindHouseGaming hereby reserves the right to suspend or terminate any member’s account, to block Site access, disqualify them from any tournament, void winnings, and in the event illegal activity is discovered, to disclose member information to law enforcement, and/or to commence legal action at the sole and exclusive discretion of GrindHouseGaming.
7.3 Member Feedback Policy
While using the Services, and as a continuing condition of your use of the Site, you agree to comply with the Site’s policy on feedback. Abuse of the Site’s feedback system undermines the integrity of the feedback system and decreases trust within the community. GrindHouseGaming is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback, therefore the member would be responsible for it. There are limited occasions when GrindHouseGaming will remove feedback comments.
GrindHouseGaming will remove feedback ratings and comments if they meet the standard for feedback abuse or members mutually agree. Feedback that meets any of the circumstances below is feedback abuse and may be subject to removal:
GrindHouseGaming is provided with a court order finding that the feedback is libelous, slanderous, defamatory or otherwise illegal.
The feedback comment contains profane, vulgar, obscene, or racist language or adult material.
The feedback comment contains personal identifying information about another member, including real name, address, phone number, e-mail address, etc..
The feedback comment contains links or scripts.
Feedback left by members who are indefinitely suspended for certain policy violations or are in violation of the T&Cs.
If members suspect that feedback left for them is in violation of the Site’s feedback policy and constitutes abuse, they are encouraged to email info@GrindHouseGaming.com to report this violation. GrindHouseGaming will also offer the opportunity to members to withdraw feedback if both members mutually agree to the removal of a specified comment or feedback rating. Both members must email info@GrindHouseGaming.com.
7.4 Anti-Spam Policy
GrindHouseGaming prohibits any activity commonly referred to as “Spam”. Members who are reported and whose claims of “Spam” are validated by GrindHouseGaming will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of GrindHouseGaming.
Additionally, any winnings (if any) may be voided at the sole discretion of GrindHouseGaming. GrindHouseGaming defines “Spam” as:
Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume;
Solicitations posted to Discord rooms, or to groups or individuals via Internet Discord or “Instant Messaging” system (such as Skype), or the GrindHouseGaming Discord;
GrindHouseGaming may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Suspension: Upon the receipt of a credible and validated complaint, GrindHouseGaming may also elect to immediately suspend the membership of the member implicated in the abuse. Suspension serves as a “Final” warning and will prevent the member from continuing their abusive “Spamming” behaviour. GrindHouseGaming will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. The Site reserves the right to lift the suspension of a member at any time, at its sole discretion.
Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual member implicated in the abuse and may void any associated winnings.
7.5 Abuse Reporting
If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to info@GrindHouseGaming.com Please refer responsibly.
8. GrindHouseGaming Rewards
8.1 GrindHouseGaming Rewards (earning, winning & redemption)
GrindHouseGaming Tokens (“WG Tokens”) are loyalty reward tokens awarded to members in good standing at GrindHouseGaming. Tokens can be earned for completing a variety of member gaming and site activities. WG Tokens may also be awarded as prizes for tournament results, as part of a promotion, or at the discretion of GrindHouseGaming for any behaviour deemed warranted at any time.
A member’s GrindHouseGaming Tokens balance will appear on their personal home page. The USD value of a WG Token is zero. The GrindHouseGaming Rewards program and member balances can be cancelled at any time at the absolute discretion of GrindHouseGaming.
9. Termination
9.1 Account Termination
GrindHouseGaming reserves the right to terminate your account, limit or prohibit your participation in any game or tournament.
By signing up for an account and/or participating in any tournament or game offered on the Site, you consent to allow GrindHouseGaming to access your account information to investigate complaints or other allegations of abuse.
If applicable, all charged monies (entry fees), will be returned to the member. All winnings (if any) may be voided at the sole discretion of GrindHouseGaming.
Any person whose access has been suspended or terminated may not re-sign up for, or re-access, the Site without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the Site.
9.2 Forfeiture and Account Suspension/Termination
As described in the Site Rules of Conduct, GrindHouseGaming is committed to taking all necessary measures to prevent anything that gives a member an unfair advantage over another member. We are also committed to ensuring that the GrindHouseGaming environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a member is failing to observe the terms of the Rules of Conduct.
As described below, if you are found to be violating the GrindHouseGaming Rules of Conduct, we may suspend or revoke your account, void your scores, change your feedback and/or commence legal proceedings against you. GrindHouseGaming may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.
GrindHouseGaming reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term of these T&Cs; (ii) you are participating in any attempt to defraud GrindHouseGaming or the Site through the use of Credit Cards or other methods of payment, regardless of the outcome; (iii) you have failed to honour legitimate charges or requests for payment, or you have ‘charged back’ or denied any of the purchases that you made to your Account; (iv) you are participating in any attempt to cheat another member through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.
For breaches of the T&Cs (including the Rules of Conduct) that are deemed by GrindHouseGaming, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their Account suspended at the discretion of GrindHouseGaming. Repeat offenders will be deemed to be intentionally violating the T&Cs.
9.3 No Waiver Implied
The failure of GrindHouseGaming to enforce at any time any of the provisions of these T&Cs, or the failure to require at any time performance by you of any of the provisions of these T&Cs, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the GrindHouseGaming to enforce each and every such provision thereafter. The express waiver by the GrindHouseGaming of any provision, condition or requirement of these T&Cs shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
9.4 Termination
You are entitled to close your Account at any time by contacting Customer Support. GrindHouseGaming will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been effected by us. GrindHouseGaming is entitled to terminate these T&Cs immediately on notice (or attempted notice) to you at the email address you have provided GrindHouseGaming.
10. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GrindHouseGaming EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GrindHouseGaming MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GrindHouseGaming, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF GrindHouseGaming WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE T&CS, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT.
11. Limitation of Liability
YOU AGREE THAT GrindHouseGaming AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GrindHouseGaming AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, GrindHouseGaming AND ITS AFFILIATES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF GrindHouseGaming AND ITS AFFILIATES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY GAME OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST GrindHouseGaming AND ITS AFFILIATES, OR (II) US$100.00.
12. Indemnification
BY SIGNING UP FOR AND/OR PARTICIPATING IN ANY SERVICES OFFERED ON THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GrindHouseGaming LLC, ITS SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS(COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU). GrindHouseGaming RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION 12 WITHOUT GrindHouseGaming’S PRIOR WRITTEN APPROVAL.
13. Hacking, Tampering, or Unauthorized Access
By signing up for an account and/or participating in any tournament or game offered on the Site, you agree without limitation that GrindHouseGaming is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site’s systems or any account, interference with procedures or performance of the Site, or deliberately damaging or undermining the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.
Any attempt to participate in any tournament or game offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.
GrindHouseGaming is an online service that facilitates tournaments, leagues and ladders for users who play video games they have purchased on their own video game consoles and PCs. GrindHouseGaming does not sell or license video games and is not affiliated with, and our services are not endorsed by, any video game manufacturer or sports league.
GrindHouseGaming recognizes that your privacy is serious business and we are committed to protecting your personal information. This website Privacy Policy (the “Privacy Policy”) describes the types of information collected about you when you visit the GrindHouseGaming.com website (the “Site”), how that information may be used, when it may be disclosed, how you can take steps to control the use and disclosure of your personal information, and how that information is protected by us.
In this Privacy Policy, which is available via a link at the bottom of every page on the Site, “we”, “us” and “our” means GrindHouseGaming LLC, as well as our affiliates, subsidiaries and/or related entities (collectively, “GrindHouseGaming”). Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms and Conditions of service (the “T&Cs”).
Key Definitions
“Personal Information” – generally means information about you as an identifiable individual, but excludes business contact information, specific publicly available information, and Gamer Information.
“Gamer Information” means information about activity on the Site by you as a member which is not itself personally identifiable with you and is therefore not Personal Information, but which may be linked (on a non-identifiable basis) to your account information, and includes your (a) Username or Alias, (b) Skill Rating, (c) Top Players Ranking (if any) and GrindHouseGaming Points balance, (d) scores in games and tournaments, (e) gaming preferences and personal motto, (f) summary of gaming activity, including when you joined, and the number of games that you have played, (g) winnings from games and tournaments, and (h) footage of gameplay in promotional materials such as trailers which may be displayed on the Site, or on website run by other parties including those of our marketing partners (for example, “play of the week”, “highlight reel” or similar content).
This Privacy Policy applies to the Personal Information of all “users” of the Site, including not signed up visitors and “members” who have signed up and maintain an account on the Site. This Privacy Policy does not cover any information collected through any other website or app operated by third parties, such as linked websites or apps operated by sponsors, advertisers, game or app developers.
This Privacy Policy will remain in full force and effect with respect to your Personal Information which we retain for a limited period of time after your use or participation in the Site or any particular Service, tournament or game offered through the Site terminates or ceases, or is suspended or deactivated for any reason, in order to ensure that you may easily restart gameplay at a later time. In any case, should you continue to be an inactive player for more than a reasonable time period, GrindHouseGaming will delete your personal information.
If you do not agree with this Privacy Policy, please do not participate in the Site or any of the activities or Services offered through the Site.
Finally, this Privacy Policy explains how we manage and safeguard Personal Information in the course of operating our business. We are dedicated to adhering to the following principles that relate to the collection, use, retention and disclosure of Personal Information.
1. Accountability
GrindHouseGaming is accountable for all Personal Information in its control. This includes information under the direct control of GrindHouseGaming, as well as Personal Information that GrindHouseGaming may transfer to its affiliates or to third party service providers, in each case for the purposes of (i) performing support functions, such as payment processing, business analytics, customer support, printing and mailing, data storage and destruction, and (ii) marketing any of GrindHouseGaming’s products and services. GrindHouseGaming will use contractual or other measures to require third parties that process information or provide services on our behalf to maintain a level of privacy protection comparable to our own practices.
Numerous individuals within GrindHouseGaming are responsible for the day-to-day collection and processing of Personal Information, including technical and administration personnel trained for this purpose. However, GrindHouseGaming has a designated Privacy Officer who is responsible for GrindHouseGaming’s compliance with applicable privacy legislation. Any questions or concerns with regard to the manner in which GrindHouseGaming handles or manages Personal Information, or in respect of this Privacy Policy should be directed to our Privacy Officer who can be reached as follows:
GrindHouseGaming Privacy Officer
Email: privacy@GrindHouseGaming.com
2. Collection of Information
A. What information is collected through the sites?
Types of Information
We collect two types of information from you when you visit the Site: information that does not identify you personally (“Non-Personal Information”); and Personal Information, as defined in more detail above.
(i) Non-Personal Information
As examples of Non-Personal Information, we collect:
through our Web servers, automatic recordings of certain technical information related to your visit to the Site. This information is anonymous and does not identify you personally. It includes things such as: the Internet domain for your Internet service provider; the Internet Protocol (IP) address of the computer accessing the Site; the address of the last webpage that you visited prior to clicking through to the Site; the browser used and the type of computer operating system that your computer is using; information about your computer hardware; the date and time that you visited the Site; and a record of which pages you viewed while you were visiting the Site;
demographic information which does not identify an individual;
and Gamer Information.
(ii) Personal Information
We collect Personal Information as follows:
(a) Initial Sign Up from you, in connection with completing the “sign up” required for you to create a free, basic user account (a “Basic Account”):
your email address for the purpose of (A) verifying your identity by emailing you, (B) you logging in, (C) marketing upcoming game tournaments to you, and (D) emailing game results to you;
your date of birth, for the purpose of ensuring that you are permitted to create an account based upon your age,
where you reside, for the purpose of ensuring that you are permitted to create an account based upon your jurisdiction,
your phone number, for the purpose of verifying the uniqueness of your sign up, by sending you an SMS message with a code you enter at “sign up”, and your username, for the purpose of identifying you.
(collectively, the “Basic Information”).
(b) Process a Payment from you, for the purpose of allowing you to enter pay-to-enter tournaments, in addition to the Basic Information:
your first name and last name;
the following information with respect to your credit card: type, number, expiration month, expiration year and card verification number; and
the following billing information: your street address, city, postal or zip code, province or state and country.
(c) Process a Refund: from you, for the purpose of confirming your identity:
your Paypal email address, first name, last name; and
your street address, city, postal or zip code, province or state, country and phone number.
(d) Process a Prize Payment: from you, for the purpose of confirming your identity:
Name, photograph, age and address (via valid photo id (i.e. a copy of your driver’s license) or utility bill);
(e) Edit profile: from you, for the purpose of updating your contact information, your “site information”, your password, and your communication preferences:
your first name, last name, individual’s street address, city, postal or zip code, province or state, country and phone number;
your time zone; your avatar; and your PlayStation Network ID, XBOX Live Gamertag and any other of your platform names for platforms supported on the Site (for example Steam or WiiU) (in order for you to make or accept game matches, and for us to track your game results);
in response to our “About you” query, a sentence about the Individual for the purpose of the Individual’s profile;
your old and new password; and
your communication preferences.
(f) Game matches (on first match): from you, your PlayStation Network ID, XBOX Live Gamertag, and any other of your platform names for platforms supported on the Site, in order to make or accept game matches, and for us to track your game results.
The Site also provides you with certain ways to voluntarily give us your Personal Information, as follows:
from social network sites (“SNS”), where you decide to create an account by logging into a SNS via the Site, certain Personal Information which you have provided the SNS (for example, the name, email address and other Personal Information which the Individual has made publicly available via the SNS, in each case depending on the privacy settings of the Individual on the SNS), for the purpose of completing the opening of the account. For example, see below for details for when you join by Facebook;
from you, through your interaction with the Site (for example, information about which games were played, player rating information and player game statistics);
from you, through your completion of contest forms or other participation in promotional efforts, for the purpose of such contests and promotions, including for the purpose of awarding prizes;
from you, through your completion of surveys, for the purpose of gathering your opinions and comments in regard to GrindHouseGaming’s products and services;
from you, through using links contained on the Site to send GrindHouseGaming an email message which contains such information, for the purpose identified at the point of collection on the Site; and
from you, to the extent that you provide Personal Information when you contact GrindHouseGaming’s customer support representatives via live Discord or email.
In order to provide a fair playing environment for all users and to protect the integrity of the Site, we also collect Personal Information which we use to investigate complaints of cheating or behavior that we believe may be contrary to the T&Cs, including the Rules of Conduct. This may include screenshots of players’ computer desktops or footage of in-game play.
In addition to collecting Personal Information directly from visitors to the Site, we may also collect Personal Information from third parties such as marketing partners, game or app developers or service providers to which permission has been granted to share that information with us.
When you download any GrindHouseGaming Widget or a GrindHouseGaming application, you may also be provided with the opportunity to download software or apps provided by parties other than GrindHouseGaming (for example, Xfire from Xfire, Inc., GrindHouseGaming Discord Server). Please note that when you install and use software provided by third parties, any information that you provide through such use (including Personal Information) will be subject to the privacy policy and terms of use of that software or app provider, and not this Privacy Policy.
Facebook Connect
You can sign up to join GrindHouseGaming via the Site or by logging into your account with certain SNS (i.e., Facebook) via our Site. If you decide to create your Account by logging into a SNS via the Site, we will extract the Personal Information you have provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) from the account you have with such SNS and use that information to create your account; the information we extract may depend on the privacy settings you have with the SNS. For example, our Service allows users to create an account and login to the Service using their Facebook account credentials through Facebook Connect. If you are not currently signed up as a Member and you click on “Sign in Using Facebook”, you will first be asked to enter your Facebook credentials and then be given the option to sign up and join GrindHouseGaming. By using Facebook Connect, you are allowing GrindHouseGaming to access your Facebook account information for the purpose of completing your sign up as a Member of GrindHouseGaming, and you are agreeing to the Facebook Terms of Use regarding your use of the Service via Facebook.
B. What are “cookies” and how does the Site use them?
A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any Personal Information about you, such as your name or address. These files are then used by such websites as a kind of electronic identification tag when users revisit that site. Since cookies are only text files, they cannot run on your computer, search your computer for other information, or transmit any information to anyone.
As with many major websites, the Site use cookies. Cookies are used by the Site so that we can recognize you when you return to the Site and personalize your settings and preferences. Most browsers are initially set up to accept cookies. If you wish, you can change your browser settings either to notify you when you have received a cookie, or to refuse to accept cookies.
C. Personal Information about Children
Our Site is intended for a general audience and we do not knowingly (a) allow people under 14 years of age to create accounts on the Site and (b) collect Personal Information from people under 14 years of age through our Site. In addition, in the event that a visitor to our Site identifies himself or herself as a person under the age of 14, we will not collect, store or use any Personal Information of such individual. In the event that we receive Personal Information that we discover was provided by a person under the age of 14, we will promptly delete all such Personal Information not required for purpose of continuing to block such person’s use of the Site, and will comply with applicable laws, including, as applicable, the U.S. Children’s Online Privacy Protection Act.
D. Limits to Collecting Personal Information
We limit the type of mandatory information collected by us. We collect only the Personal Information that is required for the purposes described in the following paragraphs under the heading “Use and Disclosure of Personal Information” below (the “Purposes”).
3. Use and Disclosure of Personal Information
We use and disclose your information for the following purposes.
A. Internal Uses
We collect, use and disclose your Personal Information for such purposes to which you consent at the time of collection or in any case prior to such use, and as otherwise permitted or required by applicable law, including:
to operate our Site; to open and maintain your customer account with us, to edit your profile; and for the purpose of game matches, in each case as more particularly described above;
to provide a product or service requested by you;
to contact you regarding updates to the Site, your account status, our new products and services and upcoming events, changes to our products and services;
to collect entry fees from you and to process payments and refunds;
for promotional or related purposes without additional compensation, including with respect to tournaments and the awarding of prizes;
to prevent fraud and protect the integrity of the Site;
to deliver prizes to you; and
to ensure that you comply with the T&Cs (including in order to facilitate a fair gameplay environment) and are permitted to create an account based upon your age and where you reside.
to, in our discretion, use Personal Information to contact you regarding changes to the T&Cs and any other policies or agreements relevant to the Site, including this Privacy Policy.
When you create your account and when we collect your Personal Information, you can customize these preferences. If you wish to change your account preferences to modify the ways that we contact you, please contact support@GrindHouseGaming.com or, in the case where we use your Personal Information to communicate with you via email, use the “unsubscribe” link included in all email messages sent on our behalf.
B. Related Entities and Authorized Third-Party Service Providers
In addition to sharing information between affiliated, subsidiary, and/or related entities of GrindHouseGaming for the Purposes, and in order to better serve our customers, we may transfer Personal Information to third-party service providers who are legally or contractually obligated to only use the information to help us provide our Services and not for any other purpose. For example, GrindHouseGaming uses outside contractors for the purposes of (i) performing support functions, such as payment processing, business analytics, customer support, printing and mailing, data storage and destruction, and (ii) marketing any of GrindHouseGaming’s products and services.
From time to time such entities and third parties may hold, use or disclose your Personal Information outside of Canada, and while outside of Canada such Personal Information may be accessed by regulatory authorities pursuant to the laws of such other jurisdictions.
These third parties may be located in the United States, Canada or elsewhere.
C. Co-Branded Partners
Co-Branded Partners are third parties with whom GrindHouseGaming may jointly offer a Service or feature, such as a Tournament. You can tell when you are accessing a Service offered by a Co-Branded Partner because the Co-Branded Partner’s name will be featured prominently. You may be asked to provide information about yourself to register for a Service offered by a Co-Branded Partner. In doing so, you may be providing your Personal Information to both us and the Co-Branded Partner, or, with your consent, we may share your Personal Information with the Co-Branded Partner. Please note that the Co-Branded Partner’s privacy policy may apply to its use of your Personal Information.
D. Marketing Partners
To the extent that you consent, we may also disclose Personal Information you provide us to third party marketing partners who provide products, information or services you have expressly requested or which we believe you may be interested in purchasing or obtaining, in order that they may provide you with information regarding such products, information or services. In doing so, we will make reasonable efforts to ensure that these third parties only use the Personal Information for our stated Purposes and that they provide a method of opting out from receiving future communications from such parties, but we shall not otherwise be responsible for their handling or dissemination practices with respect to Personal Information. If you subsequently wish to change your account preferences to not receive information from such third party marketing partners, please contact support@GrindHouseGaming.com or use the “unsubscribe” link included in email messages sent by such parties.
E. Legal Compliance
There may be instances when GrindHouseGaming may disclose Personal Information without providing notice or choice, as required or permitted by applicable laws, which may include (i) where required pursuant to a subpoena, other form of legal process or request on behalf of any local, provincial, state, or federal governmental department or agency; (ii) in an emergency, to protect the safety and physical security of users of the Services or members of the public; or (iii) to investigate breaches of agreements or Canadian law.
F. Business Transfers
If GrindHouseGaming sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, GrindHouseGaming may transfer your Personal Information to the party or parties involved in the transaction as part of that transaction.
4. Obtaining Consent
In most cases, when we do collect Personal Information directly from an individual, the Purposes for which the individual provides us with the information – for example, as required for us to effectively provide our Services – will be clear, and as such, consent to the collection and use of Personal Information for those Purposes will be implied by use of the Services. If we choose to use Personal Information already in our possession for a purpose that was not identified at the time we initially collected the information, we will seek the consent of the affected individuals before using this information for the new purpose. Please note that if the new purpose is required or permitted by law, GrindHouseGaming is not required to seek the consent of the affected individuals and may not do so. Individuals may withdraw consent to the collection, use and disclosure of their Personal Information at any time, subject to certain restrictions set out in applicable privacy legislation, but should recognize that by doing so they may be unable to utilize the Services and products offered on the Site.
5. Management of Personal Information
GrindHouseGaming has policies and procedures as to how long it retains information that it collects. Personal Information that is no longer required to fulfill the Purposes is either destroyed, erased or rendered anonymous to prevent unauthorized parties from gaining access to the information.
We retain Personal Information received from third parties in accordance with our legal and contractual obligations. The file containing your Personal Information will be made available to the authorized employees, contractors or agents of GrindHouseGaming who need to access the information in connection with the Purposes, and will be held primarily in an electronic database.
Personal Information included in computer databases is typically stored in a secure data center with an extra copy of the data stored at an alternate location of equal security to ensure that we will be able to retrieve the data even in the event of a disaster. These computer databases may be located in Canada, the United States or elsewhere in the world. From time to time, we may transfer Personal Information stored in these databases (as otherwise permitted under this Privacy Policy) to third-party service providers located in Canada, the United States or elsewhere in the world. For example, certain third-party service providers such as data storage companies, computer security specialists, database technicians, or corporate affiliates of GrindHouseGaming may have remote access to Personal Information in our custody for the purposes described herein, but we use contractual and other safeguards to ensure that Personal Information transferred to such parties is provided with a comparable level of protection as GrindHouseGaming provides, regardless of the format in which the information exists.
GrindHouseGaming has implemented a variety of commercially reasonable security safeguards to protect Personal Information in our control against loss, theft, misuse and interception by third parties. These safeguards include organizational, technical and physical measures designed to protect information from unauthorized access, disclosure, copying, use or modification. Among the steps taken are:
premises security;
restricted file access to Personal Information;
technology safeguards, including security software, firewalls to prevent hacking and other unauthorized computer access; and
internal password and security policies.
However, please note that no data transmission or storage can be guaranteed to be 100% secure. We are committed to protecting your Personal information, but we cannot ensure or warrant the security of any information you transmit to us. Please take reasonable steps to guard against identity theft, including ‘phishing’ attacks. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of unauthorized use of your password or account or any other breach of security, you must notify GrindHouseGaming immediately and promptly change your password.
6. Accuracy and collection of personal information
GrindHouseGaming is committed to open and fair privacy practices which comply with applicable privacy legislation.
Any individual may request access to their Personal Information held by GrindHouseGaming by contacting GrindHouseGaming’s Privacy Officer in writing. After receiving such a request, our Privacy Officer shall inform the individual of the existence, use and disclosure of their Personal Information and shall allow the individual to access such information.
In certain circumstances to the extent permitted or required by applicable law, access to Personal Information may be denied. If we deny an individual’s request for access to their Personal Information, we will advise such individual in writing of the reason for the refusal and they may then challenge our decision.
Where Personal Information is used on an on-going basis, GrindHouseGaming undertakes to correct any information that is shown to be inaccurate, incomplete or not up-to-date. Otherwise, GrindHouseGaming does not routinely update Personal Information. It is the member’s responsibility to provide us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if a member does not provide us with accurate, truthful or complete information or Personal Information or the member fails to update such information or Personal Information
Upon notification from an individual of their desire to have any or all of their Personal Information in our records deleted or destroyed, GrindHouseGaming may undertake to delete or destroy all such information to the extent that retention of such information is not required or permitted by applicable law, such as for the investigation of claims or the defense of an action, and some Personal Information may remain in back-up storage for this purpose. In the event that an individual wishes to challenge GrindHouseGaming’s compliance with any of these principles, they can contact GrindHouseGaming’s Privacy Officer using the contact information set out at the outset of this Privacy Policy. If GrindHouseGaming finds a complaint to be justified, appropriate measures will be taken, including, if necessary, amending our policies and practices.
7. Governing
The Site is governed by and operated in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the courts of the Province of Ontario located in Toronto, Ontario, Canada, in all disputes arising out of or relating to the Services. Notwithstanding any other provisions of this Policy or the T&Cs, we may seek injunctive or other equitable relief from any court of competent jurisdiction. You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.
We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By utilizing the Services and participating in Site activities, you certify that you meet the age and other eligibility requirements for the Site and the Services set forth in the T&Cs. If you do not meet the age and other eligibility requirements, please discontinue using the Site and the Services immediately as your continued use of the Site and the Services indicates that you are agreeing to the collection, use, disclosure, management and storage of your Personal Information as described in this Privacy Policy.
8. Changes to Privacy Policy
All policies and procedures of GrindHouseGaming are reviewed and updated periodically to reflect changes in our practices and Services, including this Privacy Policy. If we modify this Privacy Policy, we will update the “effective Date” and such changes will be effective upon posting to the Site, to the extent that such changes do not require that we first obtain your consent to same.