MEMBERSHIP TERMS AND CONDITIONS
Esports gaming industry is a thriving community, consisting of stakeholders from various social and economic backgrounds. The said industry being completely unregulated in India, the Esports players frequently find themselves prey to immoral and unethical methods/practices and unfair commercial arrangements. Esports Players Welfare Association (“Association”) aims at becoming the largest membership-based community for Esports players in India working towards the welfare of the players. These terms and conditions (“T&Cs”) are applicable to all professional Esports players who have paid the applicable yearly membership fees (“Annual Fees”) for the purpose of subscribing to the Gold Membership Plan (“Membership”) offered by the Association (“Player”) and shall govern the Player’s Membership with the Association. For the purposes of these T&Cs, the term “Esports” shall mean and include a combination of the terms ‘electronic’ and ‘sports’ and thus include games facilitated by electronic systems where gamers/players use their skill, speed, reaction time, physical and mental abilities to compete in various games in a virtual, electronic environment in which input and output shall be mediated by human or human-computer interfaces.
- TERM AND RENEWAL OF MEMBERSHIP
A Player’s subscription of the Membership shall come into force from the date of availing and registering for the Membership and shall continue for an initial period of 1 (one) year therefrom (“Initial Term”) and subject to payment of Annual Fees and earlier withdrawal/cancellation of the Membership by the Player/Association, as the case may be, shall be automatically renewed on an annual basis for successive periods of 1 (one) year each (“Renewal Term”). The Initial Term and Renewal Term shall be collectively referred as “the Term”.
- BENEFITS OF THE MEMBERSHIP
As a Gold Member of the Association, the Player shall have access to:
- Regular news and updates on Esports including ongoing and upcoming tournaments;
- Information for the purpose of planning and management of Player’s professional career and other commercial opportunities in the field of Esports;
- Laws, rules & regulations and policy updates etc., in and around the Esports ecosystem; and
- Free Webinars organized by different stakeholders in the Esports arena and related industries.
The Association will, on best endeavour basis, render the following services:
- assist in arranging legal aid to protect and prevent the Player from entering into commercially exploitative contracts/arrangements;
- partnering with enabling third party entities to build a dual career of Esports players through scholarships and other ancillary support packages for players, and parent education about Esports career paths etc.; and
- represent and protect Player’s interest as a whole in front of the Esports governing body and other concerned governmental authorities.
- COVENANTS OF THE PLAYER
The Player agrees and covenants that during the Term, he/she shall:
- grant the Association a non-exclusive and royalty free right to use Player’s attributes throughout the World, for the purpose of promoting the Association, and/or for exploring and securing commercial opportunities;
- timely pay the Annual Fees and in this regard, he/she acknowledges that non-payment of Annual Fees for any subsequent year during the Term shall give the Association a right to bar the Player from enjoying any/all benefits of Membership until the deficient Annual Fees is paid in full;
- cooperate with Association to the fullest extent and keep them updated regarding his availability vis-à-vis the scheduling of any commercial opportunities facilitated and/or secured by the Association; and
- comply with the terms of the Enrolment Form, these T&Cs and/or any policies or guidelines, as may be formulated by the Association from time to time.
During the Term, the Player accepts to render the following, on best endeavour basis:
- make himself/herself available for the participating in such debates, interviews, events and webinars and such other similar promotional and public relations activities as may be requested by the Association;
- acknowledge and give credits to the efforts of the Association at public forums, events and tournaments;
- make himself/herself available for a photo shoot to create Player’s attributes and in this regard unless otherwise agreed in writing, and the Association shall throughout the World and for perpetuity own the intellectual property rights forming part of the Player’s attributes so created/developed and shall have the exclusive, royalty-free and sub-transferable rights to use the same throughout the world, during the Term for the promotion of the Association and, for archival and non-commercial purposes thereafter; and
- promote the Association at all events, tournaments, platforms and in all mediums possible.
- PLAYER CODE OF CONDUCT
As a Member of the Association, the Player must not, whether directly or indirectly, involve in and/or undertake, any of the following:
- Offensive Expression:He/She must avoid expressing himself/herself in an offensive manner towards, other Players, Association and/or its personnel, any event organizers, and/or any other individual.
- Derogatory Statements: He/She shall not make or permit any statement, orally or in writing, publicly or privately, or do any act or permit any act, in a manner as will in the reasonable opinion of the Association, disparage or which is capable of disparaging the reputation and image of the Association or of its personnel, employees, directors, investors, sponsors or members in any manner whatsoever.
- Offensive Language:He/She must not use or depict hate speech, offensive behaviour, or verbal abuse related to sex, gender identity and expression, sexual orientation, race, ethnicity, disability, physical appearance, body size, age, religion or otherwise make a statement which may be considered derogatory or that may hurt the sentiments of any individual/entity or any community.
- Sexual Harassment:He/She must not by words, actions or conduct make any sexually coloured remarks, unwelcome and/or explicit sexual overtures, or otherwise engage themselves in any act or make any statement that may be conceived as sexual harassment.
- Breach of Third-Party Intellectual Property Rights:He/She shall not in any manner whatsoever, breach the intellectual property rights of any third party, in this regard, he/she shall inter alia not reproduce, translate, reverse engineer, create derive source code from, modify, disassemble, decompile, or create derivative works based on or related to any third-party intellectual property.
- Cheating:He/She shall not, while participating in any Esports tournaments or competitions, engage himself/herself in any act/practice that may influence and/or hinder fair play with an intent to give him/her an undue advantage over other players including exploiting of any in-game bugs, boosting, using any cheat code, or do any other act that may amount to cheating. Further, the Player shall not create, use, offer, promote, advertise, make available and/or distribute or assist therein, any cheat, bots, hacks codes or any other software that may assist in getting an unfair advantage.
- Illegal Gambling and/or Betting:He/She shall not be engaged in any activity that may amount to illegal betting and/or gambling as be presently applicable in India or as may become applicable in the future.
- Match fixing:He/She shall not do any act or omission with an intent to or that may have an effect of pre-determining the result of a Esport tournaments or competitions through corrupt means nor promote or coerce anyone in doing any such act.
- Bribery and Corruption:He/She must not offer, promise, give or accept any pecuniary or other benefit with an intent to make an undue gain or cause an unfair loss to any third party.
- Unauthorized Data Mining:He/She shall not use or attempt to use any unauthorized process or software with an intent to intercept, collect, read, or ‘mine’ information generated or stored on any platform, whether E-gaming or otherwise.
- Hacking:He/She shall not with the intent to cause or knowing that, it is likely to cause wrongful loss or damage to the public or any person, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any mean. In this regard, he/she shall not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, and/or must not attempt to gain unauthorised access to any platform, server, computer system or database.
- Doping:The Association condemns and does not promote/support the consumption/usage of Prohibited Substances & Methods (as currently defined by the World Anti-Doping Agency (WADA)) and in this regard, each Player must comply with the laws, rules, regulations and guidelines as may be presently applicable to Esports or that may become applicable at any time thereafter, including any amendment therein.
The Player hereby acknowledges that the confidential information disclosed to or accessed by or which may come to his/her knowledge as a member of the Association is confidential and proprietary information of the Association including the terms of these T&Cs, unless otherwise expressly mentioned on the same (“Confidential Information”). The Player shall not disclose or make available, reproduce or transmit in any manner whatsoever, the Confidential Information, to any third party(ies) and/or shall not use (directly or indirectly) the Confidential Information for its own benefit or for the benefit of others, without the Association’s prior written consent, except as may be required by law.
The Player may withdraw his/her Membership with the Association by serving 15(fifteen) days prior written notice (email permitted) to the concerned personnel of the Association.
- DISQUALIFICATION & SUSPENSION/CANCELLATION OF MEMBERSHIP
The Association retains the right to disqualify any Player and suspend or cancel his/her Membership if: (i) the Player is found to be in breach of the Code of Conduct or any other terms of the Enrolment Form, these T&Cs and/or any policies formulated thereunder; (ii) the Player has been accused on any offense involving moral turpitude and/or if any criminal proceedings have been initiated against him/her. Subsequent to withdrawal/disqualification of the Player’s engagement with the Association, the Player shall not associate himself/herself with the Association in any manner whatsoever. In this regard, it is further agreed that the Annual Fees, shall be forfeited and Association shall not be required to refund the same.
- CONTENT & INTELLECTUAL PROPERTY RIGHTS
The Player acknowledges and agrees that the Association owns, reserves and retains any and all rights and interest over the intellectual property rights owned by or licensed to the Association including any content/information/services made available to the Players as a member of the Association and/or the trademarks, service marks, tradenames, logos or any other commercial symbol owned by or licensed to the Association, whether registered or unregistered (collectively, “Association’s Intellectual Property Rights”). In this regard, the Player agrees and acknowledges that, he/she shall not have any right nor shall assert or claim any legal or equitable right or interest, in whole or in part, to Association’s Intellectual Property Rights during the Term or at any time thereafter.
- AMENDMENT AND FORMULATION OF POLICIES
The Association retains the right to amend these T&Cs and/or formulate such other policies in furtherance of these T&Cs as it may deem required from time to time, without any prior notice to the Player. The Player must read these T&Cs regularly to ensure that he/she is aware of such changes made by the Association. The continued use, after changes are posted on the Site shall amount to Player’s confirmed acceptance to the updated and/or amended T&Cs.
- GOVERNING LAW AND JURISDICTION
Players’ Membership with the Association including these T&Cs of his/her Membership shall be governed by and construed in accordance with the laws of the Republic of India and the courts at New Delhi shall have exclusive jurisdiction to adjudicate upon any/all dispute arising out of these T&Cs.
- DISCLAIMERS & LIMITATION OF LIABILITY
The Membership including any content/information/services made available to the Players as a member of the Association are provided “as is” and there are no warranties, conditions, guaranties or representations made by the Association with respect to the foregoing, whether express or implied, in law or in fact, oral or in writing. Furthermore: (a) Association makes no warranty that the Association’s Membership and/or the Players’ access to the content/information/services made available to the Players as a member of the Association will be uninterrupted, secure or error free; (b) Player’s use of the Association’s website “epwa.in” (“Site”) and/or any content therein, and Player’s reliance thereon, is at Player’s own risk and the Association makes no warranty, express or implied, as to the adequacy, truth, completeness, accuracy of the same.
Under no circumstances shall the Association or its personnel, employees, directors, investors, sponsors or other members be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of Player’s Membership with the Association, the reliance on, or use of, or inability to use, any content/information/services made available to the Players as a member of the Association and/or as may be available on the Site. Notwithstanding anything contained herein, the Association shall have no liability whatsoever, towards the Player or any third party under these T&Cs or otherwise.