We are the social network for esports. We originated in response to the need for a network that connects all participants in the esports community, a space where development is enhanced through our platform, that enables sharing social and professional content, fostering synergy and opportunities for all the people involved in this universe. 

2. General Conditions  

2.1 — These Terms and Conditions (hereinafter, the "Terms and Conditions") establish the conditions of use of the website www.esportunity.com (hereinafter, the "Site") and the Esportunity mobile applications by any person accessing them (hereinafter, the "User" or "Users" interchangeably). 

2.2 — The Site is owned and exclusively managed by Esportunity OpCo LLC, with registered address at 703 Waterford Way, Suite 805, Miami, FL, USA (hereinafter, "Esportunity"). 

2.3 — The Terms and Conditions, as well as the Privacy Policy, Community Guidelines, and/or the terms and conditions of any microsite within the Site, will be applicable to you from the moment you first access them. 

2.4 — The Terms and Conditions are mandatory and binding. They apply to all use of the Site. 

2.5 — Violations of the Terms and Conditions will entitle Esportunity to suspend or interrupt your access to the Site or terminate the provision of the service. 

2.6 — If you do not agree with the access or use conditions or with any other change or modification thereof, you may not continue using the Site or the services offered therein. Your use of this Site means that you have fully accepted the Terms and Conditions and expressly undertake to comply with them. 

Furthermore, if you are registered on the Site and do not agree with any updates, revisions, and/or modifications to the Terms and Conditions, you may request to be removed as a User by contacting info@esportunity.com. 

2.7 — You acknowledge and agree that the validity of the Terms and Conditions will remain in effect as long as they are published on the Site. 

In order to use the Site and provide certain services offered therein, Esportunity may collect your personal data (hereinafter, "Personal Data"). For further information on our practices regarding the protection of Personal Data, we invite you to carefully read our Privacy Policy, which forms an integral part of these Terms and Conditions. 

4.1 — By Users we mean both Users who have previously registered on the Site and third parties who visit the Site. 

4.2 — You may only use some of the services available on the Site if you are at least 13 years old. Please note that for some services or activities available on the Site, you must have the legal capacity to contract under the respective applicable legislation in your place of residence, unless you have authorization from your parents, legal guardian, or legal representative. Parents, guardians, or responsible parties of minors or individuals with restricted capacity who use the Site shall be responsible for such use, including any charges, billing, or damages arising therefrom. 

4.3 — If the User is a legal entity, the natural person who registers and/or uses the Site's services, as well as conducts any transactions therein, warrants having the capacity to contract on behalf of such entity and to bind it. 

4.4 — You may not use the Site if you have been temporarily suspended or permanently banned by Esportunity. 

4.5 — Users who do not meet these requirements may not register on the Site. 

4.6 — You may not have more than one account on Esportunity. 

5.1 — To use the Site's services and make purchases and/or sales, you must register on the Site. Upon registration, you must create an account by choosing a username, setting a password, and completing the required information. 

5.2 — You must complete the registration and/or login process with the required Personal Data accurately, precisely, and truthfully, and you undertake to update them as necessary. The Site is not responsible for the accuracy of Personal Data provided by its Users. 

Esportunity reserves the right to request additional data and supporting documentation beyond what is required for your registration, in case of transactions or as required by any applicable regulation. 

5.3 — Account access is restricted through the use of a password, which is known exclusively to the User. 

You agree to immediately notify the Site through appropriate and reliable means of any unauthorized use of your account, as well as unauthorized access to it by third parties. 

Selling, transferring, or assigning the account under any title is prohibited. 

5.4 — Your account belongs to you and your company, if applicable. However, if services provided by the Site are purchased by a third party for your use (for example, a license acquired by your company), that third party shall have the right to control access to and receive reports on your use of such services, even if they do not have rights to your personal account. 

6.1 — You are responsible for all statements, expressions, or actions you make on the Site. 

6.2 — In the event that the information or data provided by you is untrue, you shall be responsible for any damages that this may cause, including any expenses that the Site may incur in as a result. 

6.3 — You are responsible for all activities that occur under your account unless you close it or notify us of any unauthorized use. 

6.4 — You assume responsibility for improper or inappropriate use of the Site, bearing all damages and harm that may arise from your conduct, without prejudice to Esportunity's right to suspend and/or interrupt access and/or use of the Site. 

6.5 — Esportunity will not allow any action or use of devices, software, or other means intended to interfere with the Site's activities, operations, descriptions, accounts, or databases. Any intrusion, attempt, or activity that violates laws and/or constitutes a breach of the prohibitions stipulated herein will make the responsible party liable to legal action, as well as penalties under the Terms and Conditions, without prejudice to the possibility of initiating corresponding legal actions. 

7.1 — Esportunity shall not be liable for the consequences arising from Users' use of any content or functionality of the Site. Any use and/or application of the information contained on this Site shall be the sole responsibility of whomever uses such information. 

7.2 — Esportunity does not guarantee continuous storage or permanent display of the information or content you have posted. You acknowledge and accept that we are not obligated to store, preserve, or provide a copy of any content or information you provide to us unless required by law and as provided in our Privacy Policy. 

7.3 — Third parties may offer their own products and services through the Site, but we are not responsible for the activities carried out by such third parties. You acknowledge and accept that Esportunity shall not be liable for the services and/or products advertised, promoted, and/or marketed on third-party sites accessed through links or links from the Site. 

7.4 — Esportunity and its affiliates shall not be liable, under this agreement, for loss of profits or business opportunities, reputation, loss of data, or any indirect, incidental, consequential, special, or punitive damages. 

7.5 — While Esportunity has made and will continue to make great efforts to provide accurate and up-to-date information, the information published on this Site, whether by Esportunity or Users, may be incomplete or outdated. Esportunity does not guarantee or make any statements regarding the use, validity, accuracy, currency, or reliability of this Site or any information published on it, nor the results of its use, or those otherwise related to it. 

7.6 — By using our services, you may encounter information or content that is inappropriate, offensive, harmful, or otherwise contrary to our Community Guidelines. All content is the sole responsibility of the person who produces it. Generally, at Esportunity, we do not review the content provided by our Users or others. We cannot always prevent misuse of the Site, and you agree that we are not responsible for such use. 

7.7 — We reserve the right to remove all content that violates the law, Community Guidelines, Privacy Policy, or these Terms and Conditions, such as misuse of intellectual property, identity theft, unlawful conduct, or harassment. 

7.8 — You accept and acknowledge that the Site may not always be available due to technical difficulties, Internet failures, or any other cause beyond the Site's control, for which Esportunity cannot be held liable. Regardless of the reason, Esportunity assumes no obligation to indemnify you in any form. Esportunity also assumes no responsibility for any inconvenience you may experience with the equipment and/or hardware and/or provider used to connect to this Site. Esportunity may, without prior notice, modify, expand, suspend, or restrict all or part of the Site temporarily or permanently, and these measures may not be subject to any claim or entitle you to compensation, indemnity, or refund. 

7.9 — You accept that using the Internet involves assuming potential risks of damage to your software and hardware. Documents and files may contain viruses, and any electronic device you own may be subject to malicious software or cyber-attacks that may allow access to, extract, or damage the information contained in your electronic device. Sending information over the network or via e-mails carries the risk of such information being intercepted by a third party. While Esportunity adopts necessary technical measures to prevent security incidents, no site is immune to such occurrences. Consequently, the Site is not responsible for the consequences of any computer incident resulting from its use. 

8.1 — You shall indemnify Esportunity, its affiliates, linked or associated organizations, directors, shareholders or partners, officers, representatives, and employees and hold them harmless from any claim or demand made by other Users or third parties due to your activities on the Site, as well as for the violation of any legal provisions or third-party rights, or your breach of the Terms and Conditions and other policies incorporated herein. 

8.2 — In the event that Esportunity, its affiliates, directors, officers, representatives, partners, and employees face fines, penalties, judgments, or compensation of any kind resulting from your breach of any provisions set forth in these Terms and Conditions or applicable law, you shall reimburse the amount paid for such reasons, including attorney's fees, within thirty days of receiving notification to that effect, without prejudice to any liability actions that may apply. 

9.1 — Accessing and using the Site, as well as using the information and content included therein, shall be solely your responsibility. Therefore, your use of information, images, content, reports, and/or comments accessible through the Site shall be subject to applicable law, as well as principles of good faith, morality, and good customs. 

9.2 — When you share information on the Site, other people may view, copy, and use that information. Information can be shared through various means, such as profiles, articles, group posts, among others. The information you share may be visible to other Users, even outside the Site. 

9.3 — We reserve the right to limit how you connect and interact with our services, including your number of connections and your ability to communicate with other Users. Esportunity reserves the right to restrict, suspend, close your account, and/or take other measures if we believe you have violated these Terms and Conditions, the law, or are misusing the services (e.g., violating our Community Guidelines). 

9.4 — You are prohibited from engaging in any activity detrimental to Esportunity or third parties. It is strictly prohibited to use the Site for illegal, unauthorized, or prohibited purposes. You are prohibited from transmitting, distributing, storing, or destroying material (i) violating current regulations or (ii) in a manner that infringes third-party rights or (iii) violates confidentiality, honor, privacy, image, or other rights of individuals. You are prohibited from violating or attempting to violate Site security. 

9.5 — Accessing the Site constitutes your consent to use the Site, its services, and contents without contravening current legislation, good faith, morality, good customs, and public order. Violations of these Terms and Conditions or your failure to act in a way that Esportunity deems abusive, harmful, or unlawful shall entitle Esportunity to immediately deny you access to the Site and/or provision of service. Esportunity reserves the right to interrupt access to the Site for Users who do not comply with these Terms and Conditions, without prejudice to the possible initiation of corresponding legal actions. 

10.1 — You own all content and information you provide or publish on the Site and grant Esportunity and its affiliates a non-exclusive license for their use. This includes an international, transferable, sublicensable right to use, copy, modify, distribute, publish, and process the information and content you provide us through the Site and third-party services, without the need for additional consent, notification, or compensation to you or others. 

10.2 — You may revoke this license for specific content by deleting it from the Site or closing your account, except where the content has been shared by other Users who have copied, shared, or stored it, or for a reasonable time needed to remove it from backups and other systems. However, such revocation shall not have retroactive effects on uses already made. 

10.3 — Esportunity will respect your preferences regarding how your information may be used for ads. We will not include your content in advertising for third-party products and services without your express consent. However, we have the right to display ads near your content and information without compensation to you or third parties, and your social actions may be visible alongside ads, as described in our Privacy Policy. Additionally, if you use a Site feature, we may mention your use of that feature with your name or photo to promote it on our Site. 

10.4 — While we may make format changes to your content (such as translating it, resizing or adjusting its layout, or removing metadata), we will not alter its meaning. 

10.5 — Since you own your content and information and we only hold non-exclusive rights to use them, you may choose to share them with third parties, including through a Creative Commons license. 

10.6 — By submitting suggestions or other feedback about our services, you agree that Esportunity may use and share (though we are not obliged to do so) such feedback for any purpose without any compensation to you. 

10.7 — You agree to provide Esportunity only with information and content to which you have rights, and that the information in your Esportunity profile is accurate and truthful. You agree to provide only content and information that does not violate the law or the rights of any person, including the intellectual property rights of Esportunity and/or others. You acknowledge that Esportunity may be legally obligated to remove certain information or content in certain countries. 

11.1 — This clause applies except for content deemed owned by the User according to clause 10. Esportunity, as well as specific Esportunity logos and other brands related to our services, are trademarks of Esportunity. 

11.2 — The Site, including its text, content, photographs, videos, audio, graphics, as well as domain names, trademarks, trade names, logos, images, icons, software, and copyrights are protected by international treaties and applicable laws on industrial and intellectual property. Consequently, you agree to comply with all provisions on intellectual and industrial property applicable, as well as any other restrictions contained on the Site. 

11.3 — Copyrights over the content, organization, compilation, information, logos, photographs, images, programs, applications, and in general, any information contained or published on the Site are duly protected in favor of their respective owners and correctly licensed, in accordance with applicable legislation on intellectual and industrial property. 

11.4 — It is expressly prohibited to modify, alter, or delete, whether in whole or in part, notices, trademarks, trade names, signs, advertisements, logos, or any indication referring to the ownership of information contained on the Site. Likewise, unauthorized use and total or partial reproduction of such contents are prohibited, except with the express written authorization of their owner. 

11.5 — Misuse of trade names, trademarks, domain names, logos, programs, databases, images, texts, information, content, and files of Esportunity, as well as their reproduction without the prior express consent of their owner, will be subject to legal actions. 

11.6 — No action or use of devices, software, or other means intended to interfere with the activities and operation of the Site, as well as the offers, descriptions, accounts, or databases of the Site, is permitted. Any intrusion, attempt, or violation contrary to laws on intellectual property rights and/or prohibitions stipulated in these Terms and Conditions shall make the responsible party liable to the corresponding legal actions, as well as liable for indemnifying the damages caused. 

The Site may contain links to other Internet sites and references to names, trademarks, products, applications, or services of third parties. Esportunity does not endorse the contents of these websites and/or applications. Esportunity is not responsible for the content of third-party websites and/or applications and makes no claims regarding the content or its accuracy therein. If you choose to access third-party websites and/or applications, you do so at your own risk. You should review the terms and conditions and privacy policies of each third-party website and/or application you visit. 

13.1 — Esportunity may amend the Terms and Conditions whenever it deems necessary, so it is your responsibility to review them each time you access or use the Site. 

13.2 — In the case of substantial changes, we will notify you through a visible notice on the Site, indicating at the bottom of the Terms and Conditions the date of their last update. 

13.3 — If you do not agree with any of the modifications to the Terms and Conditions, you must immediately abandon and/or cease using the Site. 

The validity of the obligations arising from the use of the Site shall be governed and interpreted by the applicable laws of the United States of America. 

For any dispute arising in connection with the use of the Site and/or these Terms and Conditions, the parties submit to the jurisdiction and competence of the courts of Miami, Florida, United States of America. 

15. Domicile  

Esportunity is domiciled at 703 Waterford Way, Suite 805, Miami, United States. 

A notification, summons, or any other type of communication from Esportunity to you shall be deemed validly made when directed to an address, whether physical or virtual, that has been registered or provided by you or from which you operate. 

The Terms and Conditions, including the respective amendments made from time to time, constitute the sole agreement between you and Esportunity and govern the use of the services provided on the Site, replacing any prior agreement between the parties. 

18. Contact Information  

For inquiries, you should contact customer service at support@esportunity.com. 

Last revision: 15 August 2024