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ESM.one

Please read these Terms of Use (this "Agreement") carefully before using Esports Charts (escharts.com) operated by ESM.one Inc., a US corporation registered in Delaware at 8 The Green, STE 4000 Dover, DE 19901 ("ESM.one", "us", "we", or "our").

General

The Service Provider and the Customer provide mutual guarantees of their legal capacity necessary for the conclusion and execution of this Agreement for the provision of Services.

These Terms are considered accepted from the moment the Customer's funds are received in the Service Provider's account.

Services

Esports Charts (escharts.com) product means a chargeable subscription for informative products related to Esports, created and published by Esports Charts.

Such products represent Esports Charts' opinion, based on Esports Charts's assessment of respective characteristics. This results in information products related to Esports, created and published by Esports Charts - consulting and information services (hereinafter referred to as the Services) to the legal entities and/or competent individuals (hereinafter referred to as the Customer) under the conditions listed below by providing the esports analytics which is accessed through a paid subscription on the Website;

Payments

The Service Provider shall provide the Customer with the Services in the amount and at the price indicated on the Service Provider's Website. Some types of Services and their cost may be agreed with the Customer on an individual basis, prior to establishing business relations.

The Service Provider provides the Service(s) to the Customer only subject to the full (one hundred percent) prepayment of the respective Service(s). Access to data on the Service Provider's Website is provided for a period of time in accordance with the amount of prepayment of such Service(s).

Payment processing

Payment processing for Esports Charts's Services is processed by a Third-Party Payment Processor, depending on the payment method chosen for purchase. You agree to be bound by the terms of that Third-Party Payment processor.

Chargebacks procedures of a respective Third-Party Payment Processor are applied.

Terms of Service

The Customer does not have the right to publish in closed and open communication channels (aside of its own corporate communication channels), transfer and/or resell to any third party the data and results of all the Services received from the Service Provider.

The publication of the received data with the obligatory indication of the source of such data is possible only after establishing a written agreement with the Service Provider.

Otherwise, if such data is published in the media, the Internet or provided to the public in any other way by the Customer or third parties that have received the results of the Services provided by the Service Provider, the Customer will be responsible for such publication or distribution.

For the act of non-compliance with the previous clause, the Customer may be fined a hundred times the cost of the Service.

In the case of a poor-quality, or incomplete or untimely provision of the Services by the Service Provider, the Customer must contact the Service Provider by contacting the Service Provider's support service at info@escharts.com.

Such a letter should indicate the specific problem, the contact details of the Customer and data on payment. To clarify the nature of the problem, the support service may also request other types of information.

The Service Provider reserves the right to refuse to provide the Services to the Customer without explanation.

All the claims regarding the quality of the Services provided must be sent by the Customer to the Service Provider by e-mail to SUPPORT@escharts.com. The time for consideration of the Customer's claim(s) by the Service Provider is 30 (thirty) calendar days (except claims containing a request for a refund) from the moment the claim is received by the Service Provider, after which the Service Provider takes one of the following decisions: 1) a decision on disagreement with the claim and denial of a refund, or 2) a decision of consent to the claim and the satisfaction of the claim for a refund.

The User has a guaranteed right to a refund of the funds paid for the subscription exclusively on condition that no more than 24 hours have passed since the moment of payment, and no more than 20 pages of the Esports Charts online service have been visited from the User's account. This also applies to the automatic renewal of the subscription, in which case 24 hours start counting from the moment the funds are credited to the Service account in the payment system.

In the event that the Service Provider makes a decision on the return of funds, the funds shall be returned to the Customer by crediting them to the Customer's account, credit card, personal account, previously used to deposit funds to Service Provider. All refunds are made on condition that the Customer sends an application to the Service Provider in a form that will be sent to the Customer by e-mail. The parties unconditionally accept that the final decision on the method of returning funds remains in each case at the discretion of the Service Provider.

The funds shall be credited to the bank account indicated by the Customer within 30 calendar days from the moment of the Service Provider's receival of the signed and scanned application of the Customer in the prescribed form. A financial document confirming the payment of funds by the Service Provider to the Customer's account is proof of the fulfillment by the Service Provider of the obligation to return funds to the Customer, which is unconditionally accepted by the parties.

Trial Version and Beta Features

If you registered for a trial use of the Service ("Trial Period"), you must decide to purchase a subscription to the Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the trial period, if you decide not to purchase the license to the full version of the Services, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.

Rights and Obligations of Parties

Service Provider:

The Service Provider is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of these data in the process of their processing and uses them solely to provide the Service to the Customer.

The Service Provider guarantees the completeness and reliability of the analytical data provided in accordance with it's best endeavors, approved calculation methods and best practices.

The Service Provider is not responsible for any losses, technical problems, or any other difficulties of the Customer, directly or indirectly related to the provision of the Services by the Service Provider to the Customer.

The Service Provider has a right to place a third-parties advertisement on the website. Content of such advertisement belongs to the respective third party.

Customer:

The Customer is obliged to provide reliable information about himself to the extent necessary for receiving the Services. The Customer is responsible for the accuracy of such information.

The Customer shall not reproduce, repeat, copy, sell, or use for any purpose the information and materials that became available to the Customer due to the provision of the Services, except for doing so for personal use. Any transfer of information or unauthorized publication or account access transfer is forbidden.

In case of the violation by the Customer of the conditions of Terms of Service, the Service Provider has the full right to refuse further provision of the Services to the Customer. In this case, the money paid to the Service Provider is not returned.

Privacy Policy

Before you continue using our website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

This page is used to inform website visitors regarding our policies regarding the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the Esports Charts (escharts.com) website.

We at ESM.one deeply respect the privacy of our on-line visitors and recognize the importance of providing a secure environment for them.

By using this website and/or any of ESM.one online products or services, you signify your assent to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our websites. This Privacy Policy may change from time to time, so please check back periodically to ensure that you are aware of any changes. If we make a material change to this Privacy Policy, we will notify you by posting the change on our websites or in this Privacy Policy and, if necessary, give you additional choices regarding such change prior to the change becoming effective. Your continued use of the Esports Charts website and services will signify your acceptance of these changes.

If you are a visitor from outside the United States, the personal information you provide may be transferred to, stored, and processed within the United States or other countries where ESM.one maintains facilities or business operations.

Please note that when you click a link to other sites from a Esports Charts website, this Privacy Policy does not apply to, and cannot control the activities on those other sites. We highly recommend that you read the privacy policy of any third-party website you may be directed to before providing any personally identifiable information.

Use of the Site

You may only use this Site and any materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") in accordance with the terms and conditions of this Agreement, and you agree to comply with these terms and conditions at all times. You agree, that some Material's Intellectual Property belongs to third parties and in any case, you agree to act in full compliance with the Intellectual Property rights of such parties.

Limited License

Subject to the terms and conditions of this Agreement, ESM.one grants you a non-exclusive, non-transferable license, to access and use this Site for your personal use only. Such license is subject to this Agreement and does not include: (a) any commercial use of the Site or the Materials therein; (b) the distribution, public performance, public display, making publicly available, or other unauthorized exploitation of any Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials other than for their intended purposes. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of ESM.one, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. ESM.one may revoke this license at any time.

Your Obligations

ESM.one reserves all rights in and to the Materials not expressly granted herein. Subject to ESM.one's policies governing the use of its intellectual property, as applicable, you may not: (i) use or transmit any Materials on or to any other Web site or network; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials; (iii) reproduce any Materials other than as specified above; (iv) distribute, license, rent, sell, lease or otherwise transfer any Materials; or (v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.

You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and the Materials (including, without limitation, all export control laws, regulations, and orders); (ii) you are not located in, under the control of, or a national or resident of any country to which export of any Materials is prohibited by U.S. law, regulation or order; and (iii) you will not upload or otherwise transmit to this Site any software or other materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, "Proprietary Rights") of any person or entity; or (c) contain any material that is libelous, defamatory or portrays any person in a false light.

Any reference to Esports Charts's (escharts.com) products in public or commercial purposes is subject to a separate approval from Esports Charts (escharts.com). You may inquire about such approval via partnership@escharts.com.

You agree not to share access to your purchased product with anyone, nor to share in full or in parts with the product materials. Breach of this condition will trigger immediate cessation of this Agreement.

ESM.one Ownership

All rights, title and interest in and to this Site, the Materials and all associated Proprietary Rights are owned by ESM.one or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or ESM.one's permitting you to use the Site.

User Submissions

While ESM.one welcomes your comments and feedback regarding its products and services, ESM.one does not accept or consider any materials for use in any of its products or services which have not been specifically requested by ESM.one. In the event that you post or upload any content to the Site ("User Content"), you understand and agree to the following terms:

You hereby grant to ESM.one a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. ESM.one shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, make publicly available, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to ESM.one any concepts, ideas, or feedback relating to ESM.one's products or services, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and ESM.one, and ESM.one may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and ESM.one. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. ESM.one may remove any User Content and any related content or elements from the Platform at its sole discretion.

Disclaimer of Warranties

THIS SITE AND ALL MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ESM.one DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF ESM.one, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ESM.one DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

License

Our services are owned and operated by ESM.ONE Inc., a US corporation registered in Delaware at 8 The Green, STE 4000 Dover, DE 19901. Unless otherwise noted, all content, information and other materials on our services, including, without limitation, our trademarks and logos, visual interfaces, graphics, design, compilation, information, software, computer code, services, text, images, information, data, other files, and their selection and arrangement (collectively "Materials") are protected by applicable intellectual property rights and proprietary rights and laws. All Materials contained in our services are the property of ESM.ONE Inc or its affiliates and/or third-party licensors. Unless otherwise expressly stated by us in writing, by agreeing to these Terms of Service, you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use our services for your personal or internal business use only.

We reserve all rights not expressly granted in these Terms of Use. This license is subject to these Terms of Use and does not permit you to engage in any of the following:

(a) use any data mining, robots or similar data gathering or extraction methods;

(b) distribute, publicly perform or publicly display any Materials;

(c) modify or otherwise derivatively exploit our services or Materials or any portion thereof;

(d) resell or commercially exploit our services or Materials;

(e) download (other than page caching) any part of our services, Materials, or services;

(f) download any portion of our services or Materials; or

(g) transmit or otherwise use the Materials.

Any use of our Services or Materials, other than as specifically permitted in these Terms of Use, without the prior written permission of ESM.ONE Inc is strictly prohibited and may violate intellectual property rights or other laws. Unless expressly stated in these Terms of Use, nothing herein shall be construed as granting any license to intellectual property rights, whether by estoppel, implication or other legal principles. We may terminate this license at any time, without notice, including if we reasonably believe that (a) your use of our services violates these Terms of Use or applicable law, (b) you are using or misusing our services fraudulently, or (c) we cannot continue to provide our services to you for technical or legal reasons.

No reference

You hereby agree not to use Esports Chart's products as any commercial indication and not to hold Esports Charts reliable for any usage of Esports Charts's products.

Fair Use

If the ESM.ONE Inc. media websites use any trademarks and/or logos belonging to other copyright holders, such use shall be understood as Fair Use only and shall not claim license, ownership or creation of unique content based on such logos, trademarks, or other intellectual property.

Limitation of Liability and Indemnity

To the extent permitted by applicable law, in no event will ESM.one be liable, whether in contract, warranty, tort, product liability, strict liability or other theory, to you or any other person or entity for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out of or in connection with any use of, inability to use or results of use of this Site or any Materials on or in this Site, even if ESM.one or its representative has been advised of the possibility of such damages.

You agree to defend and indemnify ESM.one, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by ESM.one arising out of or from your use of the Site.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without reference to its choice of law rules.

JAMS ARBITRATION. Any dispute, claim or controversy arising out of or relating to this Agreement or the other agreements and documents contemplated hereby or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one (1) arbitrator who shall be a retired judge admitted to practice law in the State of California. The arbitration shall be administered by JAMS (or any like organization successor thereto) pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall follow any applicable federal law and California state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties further understand and agree that the arbitrator's decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof.

Miscellaneous

No failure or forbearance on ESM.one's part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.

The Service is not intended to be used by individuals under the age of 18. You hereby represent and warrant to us that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

This Agreement constitutes the entire agreement between you and ESM.one relating to the subject matter hereof. ESM.one may, from time to time, change, modify or update this Agreement, and the revised Agreement will apply prospectively.

This Agreement shall be effective from the moment you first use any features of the Services and shall last until terminated in accordance herewith.

You may terminate this Agreement by stopping access to the Services.

Without limiting your rights specified below, we may terminate this Agreement for convenience at any time by notifying you via email or by any other means.

Contact details

ESM.one Inc.8 The Green, STE 4000Dover, DE 19901United Statesprivacy@escharts.com