(Last modified July 28th, 2020)1. Introduction, Acceptance, Definitions, and Modifications
Welcome to THESPIKE.GG! We hope you will enjoy visiting and using our website located at https://www.thespike.gg/, which includes all subdomains and sub-pages, present and future (the “Website”). We are glad that you have chosen to visit our Website to get all the latest news content and events coverage for professional/competitive VALORANT.
The Website is owned and operated by 11908120 Canada Inc., d.b.a. THESPIKE.GG, a Canadian corporation located in Montréal, Canada at the address listed below. Where the present TOU refer to “THESPIKE.GG” they may refer to 11908120 Canada Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to THESPIKE.GG and / or its Representatives. In these TOU, a Website visitor or account holder may be referred to as “you” or “your”. When an account holder is logged in to the Website, he, she or they may be referred to as a “Logged-in User”.
THESPIKE.GG reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with THESPIKE.GG, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Website, or if you have an account, by email to the email address associated with your account.
2. Contacting Us
If you have any questions about the TOU, please contact:
THESPIKE.GG Legal Services
THESPIKE.GG Legal Services 101-301 Omer Deserres Street
Blainville, Québec J7C 0K2
If you have any questions regarding the Website or your account, please contact firstname.lastname@example.org.
3. THESPIKE.GG – Home of Competitive VALORANT
[The Website provides Website visitors and Logged-in Users with the latest news about the game VALORANT, distributed by Riot Games. The Website includes information and updates on the professional VALORANT gaming scene, players and team information and the latest VALORANT gaming results. The Website permits Logged-in Users to upload video of their VALORANT game play, as described more fully in the section “User Content Policy” below. The Website also provides full coverage of online and offline VALORANT events worldwide.
THESPIKE.GG has no affiliation with RIOT Games in any means.
THESPIKE.GG shall not be responsible for any actions on the part of Riot Games, including the content, availability and operation of VALORANT, and disclaims any liability in this regard.]
4. General Code of Conduct for Use of the Website
By visiting and using the Website, you agree to:
(i) Not use the Website in any manner that in any way violates these TOU or any other applicable policy posted on the Website by THESPIKE.GG;
(ii) Not use the Website in any manner that violates any intellectual property rights of THESPIKE.GG or any third party;
(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to THESPIKE.GG or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of THESPIKE.GG, other Website visitors or account holders, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by THESPIKE.GG in its sole discretion) an unreasonable or disproportionately large load on THESPIKE.GG’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on or via the Website; (3) bypass any measures THESPIKE.GG may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vi) Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website;
(viii) Not use the Website to advertise or promote products or services that are not expressly approved in advance in writing by THESPIKE.GG, or as permitted by these TOU;
(ix) Not interfere with any third party’s use or enjoyment of the Website;
(x) Not take any action that would be in breach of Riot Games' legal content terms;
(xi) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
(xii) Not attempt to do any of the foregoing prohibitions;
(xiii) Use the Website in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
a. Accounts and Passwords
If you would like to take advantage of all the benefits available on the Website, you have the option to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU. Accounts may be approved or rejected by THESPIKE.GG, which shall be at our sole discretion.
As part of the account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
THESPIKE.GG reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.
b. Age Requirements
In order to create an account on the Website, you affirm that you are at least sixteen (16) years of age or over, or the age of majority in the jurisdiction you reside and from which you access the Website where the age of majority is greater than sixteen (16) years of age.
c. Account Information
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Website, at our sole discretion.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. THESPIKE.GG and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or nonpecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Website with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
d. Logging in to the Website via Twitch
Subject to the provisions in section 6 (“External Links”) below, you are also able to log-in to the Website using your Twitch account with valid Twitch credentials. By logging on to the Website in this manner, you represent and warrant that you are using your own Twitch account credentials and not that of any third party. Using a third party’s Twitch credentials may result in you being banned from using the Website, at our sole discretion.
6. Proprietary Rights and User Content Rights
a. Intellectual Property Rights
You acknowledge that: (a) the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) THESPIKE.GG, its Representatives and/or third parties (via license) own all right, title and interest in and to the Website and content that may be presented or accessed through the Website (except for User Content as defined below), including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to THESPIKE.GG and its licensors. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website, or content that may be presented or accessed through the Website for any purpose, unless otherwise permitted by these TOU or the functionalities of the Website; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website; or (iii) remove, obscure, or alter THESPIKE.GG’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code
are proprietary to THESPIKE.GG, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of THESPIKE.GG, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website , Computer Code, images, logos, videos, audio or trademarks found on the Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and THESPIKE.GG may take action accordingly.
b. Submitted Information
If you choose to communicate to THESPIKE.GG (via any means) suggestions for improvements to the Website or any idea or proposal related to THESPIKE.GG or its businesses or properties (collectively, “Feedback”), THESPIKE.GG shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to THESPIKE.GG and waive in favor of THESPIKE.GG, its successors and assigns all your moral rights in the Feedback; and agree to provide THESPIKE.GG such assistance as THESPIKE.GG may require to document, perfect, and maintain THESPIKE.GG’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to THESPIKE.GG, you are not entitled to any compensation or reimbursement of any kind from THESPIKE.GG under any circumstances.
c. User Content Policy
As a Logged-in User, you may use the Website to create and submit text, including but not limited to comments and posts, [and to upload video, including but not limited to, clips of VALORANT game play from YouTube embedded or Twitch embedded links]. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by THESPIKE.GG policy for User Content as described in this section (the "User Content Policy").
When you submit User Content, you acknowledge and agree to the following:
(i) User Content submitted or displayed by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted or displayed is your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize THESPIKE.GG to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these TOU;
(ii) You retain all of your ownership rights in the User Content you submit or display. However, by submitting User Content to THESPIKE.GG, you hereby grant THESPIKE.GG a worldwide, nonexclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Website and / or THESPIKE.GG's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that THESPIKE.GG may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
(iii) You also hereby waive any moral rights you may have in your User Content and grant other users of the Website a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Website and under these TOU;
(iv) The licenses granted by you in the previous two paragraphs with respect to the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
(v) You will not upload or display any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortious. Furthermore, you will not upload or display any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; or upload or display any User Content that contains any viruses, mass mailing, chain mailing or any other form of spam;
(vi) You will not include in User Content links to any third-party website that is a spam or phishing website, or to any website that may violate any applicable law.
Where you are accessing or downloading User Content, you acknowledge that any use of User Content accessed or downloaded by you while using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and THESPIKE.GG disclaims any responsibility in this regard.
If you as a Website visitor believe that a user has posted User Content that violates these TOU, please contact us at email@example.com so that we may conduct an inquiry. THESPIKE.GG retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
Depending on the User Content, User Content may or may not be edited, curated or otherwise modified or checked by THESPIKE.GG prior to posting or display. THESPIKE.GG reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy, or for any other legitimate reason.
THESPIKE.GG and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, THESPIKE.GG assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be encountered within any User Content.
7. External Links
In no way will THESPIKE.GG be held responsible for any damages, direct or indirect, pecuniary or nonpecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
Notwithstanding the generality of the foregoing, the Website features integration with Twitch. THESPIKE.GG shall not be responsible for any actions on the part of Twitch, or any functionality provided by Twitch, and disclaims any liability in this regard.
8. Interruption of Service
From time to time, the Website (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, THESPIKE.GG and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
9. Termination of the Website and the TOU
THESPIKE.GG may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that THESPIKE.GG and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from THESPIKE.GG’s termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and THESPIKE.GG. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by THESPIKE.GG or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by THESPIKE.GG staff, freelance writers or other subcontractors hired by THESPIKE.GG are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. THESPIKE.GG and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or the information thereon, or your reliance on such information whether the information is correct or not.
THESPIKE.GG expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. THESPIKE.GG, its affiliates and their respective Representatives, do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by THESPIKE.GG or third parties) available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded will meet your requirements.
Some of the content displayed on the Website may include elements that belong to or are provided by third parties. You acknowledge that THESPIKE.GG assumes no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Website, or any other website to which we link, and all operations on this Website are warranted only to the minimum amount legally required.
11. Limitation of Liability
To the maximum extent permitted by law, THESPIKE.GG shall not be liable and assumes no responsibility for any loss or damages whether pecuniary or otherwise arising from or relating to the information available through the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website, or any third-party materials on the Website or available through the Website.
To the maximum extent permitted by law, in no event will THESPIKE.GG or its Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or your use, misuse or inability to use the Website, even if THESPIKE.GG has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory. In the event that THESPIKE.GG is found liable to pay you any damages in connection with the Website and these TOU, THESPIKE.GG’s total cumulative liability to you shall not exceed $100.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
13. Governing Law and Applicable Jurisdiction
These TOU and your use of the Website shall be governed by and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and THESPIKE.GG shall be brought exclusively in the courts located in the Judicial District of Montréal, Canada. Notwithstanding the foregoing, THESPIKE.GG shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montréal court.
14. Miscellaneous Provisions
(ii) THESPIKE.GG shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond THESPIKE’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
(iv) The failure of THESPIKE.GG to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to THESPIKE.GG.
© 11908120 Canada Inc., 2022