These Terms of Use ("Terms") govern your use of, purchase of, or subscription to National Esports Collegiate Conferences ("NECC") websites, software, products or services (collectively, the "Services").
PLEASE READ THESE TERMS OF USE CAREFULLY AS THESE TERMS ARE AN AGREEMENT BETWEEN YOU AND THE NECC. BY ACCESSING, PURCHASING OR SUBSCRIBING TO ANY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE ANY PART OF THE SERVICES. OTHER TERMS AND CONDITIONS MAY APPLY AS WELL TO YOUR USE OF THE SERVICES DEPENDING ON THE COMPETITIONS, PROPERTIES, OR MATCHES YOU JOIN WHILE USING THE SERVICES.
By using the Services you also represent that you are informed about the collection, use and disclosure of your information as described in NECC's Privacy Policy. Additional terms may apply to contests, conferences, promotions or other NECC events, properties, or activities that you may choose to participate in.
NECC may from time to time, unilaterally and in its sole discretion change or modify these Terms of Use or impose new conditions, including, but not limited to, adding fees and charges for use. All such changes, modifications, additions or deletions shall be effective immediately upon posting on the Services or as communicated in due course. You acknowledge and agree that any use of the Services by you after such notice constitutes your acceptance to the modified Terms. If material changes are made, you may be notified either via email, with a notice on the website or through similar means, and you may be given notice of an effective date of the changes, so that you are able to stop using the Services prior to the effective date or until the end of your subscription period (as the case may be). If you are subscribed to the Services, NECC will have no obligation to refund any fees before cancellation of your subscription or account, nor shall be obliged to prorate any fees for the discontinuance of the use of the Services. If you continue to use the Services after the effective date of the changes, your use will constitute your acceptance of the new terms.
We encourage you to read these Terms regularly to make sure you are informed about any changes. You can check when these Terms were last updated by looking at the date posted at the beginning of this document.
Conditioned upon your acceptance of these Terms, NECC authorizes you to use the Services for your personal, non-commercial use. Any use of the Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under the law. NECC shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability and equipment needed for access or use.
c. Any conduct by you that, in NECC's sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to:
NECC is committed to taking all necessary measures to prevent anything that gives a user an unfair advantage over another user, as well as to ensuring that the NECC, its properties, and its esports environment, in general, is an enjoyable place to work and play. Therefore, we reserve the right to take immediate action in the event that we believe a user is failing to observe these Terms, any applicable tournament rules, Code of Conduct, or any other terms or policies that govern the usage of the Services.
All forms of cheating in NECC matches are forbidden and will be penalized by NECC accordingly. Players found cheating outside of NECC may be barred from the NECC depending on the evidence available. Note, we do not accept publicly submitted demo or screenshot evidence in these cases. Should it become known to NECC administrators that any form of cheating was used to the advantage of a player or a team during an NECC match, or a match in NECC properties, the NECC reserves the right to punish them to the full extent of the rules available. By breaking any rule, a player risks being barred or completely excluded from a specific league or from all leagues the NECC operates. This also includes the team of the player found at fault for cheating.
The use of programs (or "hacks") or other methods to circumvent, modify or in any way manipulate any Anticheat is forbidden. Any use of such programs or methods will be punished as cheating.
Contributing to the distribution of cheats in any way is not allowed on NECC. This includes but is not limited to referring to the name, website or logo of cheats anywhere, such as player profiles, team profiles, comments, discord, social media etc. Violating this rule will be punished from a warning up to exclusion from NECC and/or its properties.
a. Cheating and Misconduct Sanctions
Disqualification from the tournament and/or league, results voided, forfeiture of prize money, ban between 6 months and lifetime depending on age, level of player, nature/size of tournament and/or league, and how the player cheated or breached these Terms or other applicable rules, such as Code of Conduct or any Tournament rules.
Additionally, as it is our obligation to ensure a fair and rule-compliant Service in tournaments and/or leagues, to the other users and to the esports audience in general. We may, but are not obliged to, share with other companies of the same group as NECC (i.e. companies of College COD, College Halo, etc.), information regarding users caught cheating or breaching these Terms, and bans imposed, both existing at the time of the effective date of these Terms and in the future, so that the other companies can decide whether or not to impose bans on the respective users as per their own rules and terms.
Through this, we work on ensuring the integrity and credibility of our Services as well as esports itself as a fair competitive sport, which is our commitment to you and the esports community.
The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Services will be permitted without the express permission of NECC and in the events of a secondary copyright owner, express permission from any secondary copyright owner as well. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
NECC, NECC Memberships, NECC’s Database and other NECC graphics, logos, designs, page headers, button icons, scripts and service names (jointly referred to as "NECC Marks") are the exclusive property of the National Esports Collegiate Conferences all rights reserved. NECC Marks and trade dress may not be used, including as part of trademarks or domain names, in connection with any product or service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of NECC.
We encourage you to read NECC's Privacy Policy before using the Services, as this policy contains information on the collection and processing of your personal information by the NECC.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED OR SUBSCRIBED TO THROUGH THE SERVICES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY NECC. NECC ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR SUBSCRIBED TO THROUGH THE SERVICES.
PRODUCTS AND SERVICES PURCHASED OR SUBSCRIBED TO ARE PROVIDED OR SOLD "AS-IS" AND NECC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NECC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. NECC DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
NEITHER NECC, NECC AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "NECC PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
NECC ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NECC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE, SUBSCRIPTION OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF NECC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NECC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO NECC FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO NECC FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NECC, REGARDLESS OF THE CAUSE OF ACTION.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF, PURCHASE OF, OR SUBSCRIPTION TO THE SERVICES SHALL BE FINAL AND BINDING ARBITRATION. Arbitration proceedings shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Massachusetts, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts and you consent to exclusive jurisdiction and venue in such courts. If costs related to such arbitration are determined to be excessive in a consumer dispute, NECC will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by an individual related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
NECC shall have the right, but not the obligation, to monitor the content of the Services, including all chat rooms, to determine compliance with these Terms of Use and any operating rules established by NECC and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, NECC shall have the right to remove any material that NECC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless the NECC, NECC affiliated companies and their respective directors, officers, employees, agents, assignees and licensees from and against all claims and expenses, including attorneys' fees, resulting from (i) any breach of these Terms of Use or your negligent and wrongful conduct; (ii) your use and access of the Services, including the posting of any content on the Services by you; and (iii) violation by you of any applicable law, rule or regulation.
You may unsubscribe by not renewing payment for an upcoming term. Without limiting the foregoing, NECC shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which NECC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14 and 16 shall survive termination of these Terms of Use.
NECC is a distributor (and not a publisher) of content supplied by third parties and users of the Services. Accordingly, NECC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services are those of the respective author(s) or distributor(s) and not of NECC. Neither NECC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Refer to Sections 7 and 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or users not under contract with NECC. NECC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized NECC employee spokespersons while acting in their official capacities. Under no circumstances will NECC be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
The following terms apply to your purchases or subscriptions related to the Services.
a. Purchase Qualifications; Account Security
To purchase a product or subscription related to the Services, you must be a registered NECC User and comply with these Terms of Service. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. NECC sells its products only to those users who can legally make purchases using one of the accepted payment methods. If you are under 18, you may make purchases on NECC only with the involvement of a parent or guardian. NECC reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
b. Payment Method and Terms
We accept payments made through PayPal in connection with the purchase of any merchandise or subscription through the Services. By submitting an order through NECC, you authorize NECC, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars unless otherwise specified.
c. Delivery
Any tangible property purchased through the Services will be shipped Free On Board (FOB) Shipping Point. Title to such products passes from the NECC to you upon shipment. With respect to products or services you purchase through the Services, you acknowledge and agree that upon making such purchases available to you (or to their intended authorized recipients), NECC will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
d. Product and Service Descriptions and Availability, Errors
NECC and its suppliers continually upgrade and revise its products and services to provide you with new products and services. NECC may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. NECC shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, NECC reserves the right to substitute items of equal or greater value when an item or service is unavailable or NECC may cancel the order.
The NECC will attempt to be as accurate as possible and eliminate errors on the Services, however the NECC does not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your account. NECC reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, open a discord support ticket, or email support@neccathletics.com.
e. Taxes
NECC is a 501(c)3 based in the state of Massachusetts. Services and Merchandise sold by the NECC are not subject to most forms of taxes and/or fees. NECC May charge fees for purchasing through Shopify, or Square; these fees are not determined by and cannot be modified by NECC and no advance estimate can be provided. Additionally, users ordering Merchandise to be shipped to a destination outside the US may be subject to a third party brokerage or customs fees; these fees are not determined by and cannot be modified by NECC and no advance estimate can be provided. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and NECC reserves the right to collect such taxes or other fees from you at any time.
f. Refunds and Returns
All merchandise must be inspected by the customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. NECC is not responsible for damage incurred during shipping. There are no returns or cancellations for any intangible property or services purchased from NECC, including without limitation paid subscriptions, memberships and Lessons.
Returns are permitted only in the event of an error committed by NECC. You must email or call first for a return authorization number, and no merchandise can be returned without a written authorization number. Items must be unopened, in new condition, and returned in original shipping containers. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by NECC in its sole discretion.
NECC owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. You are prohibited from uploading, posting or otherwise transmitting on the Services any materials that violate another party's intellectual property rights. When we receive proper notification under our DMCA Policy, we promptly remove or disable access to the alleged infringing materials and terminate the accounts of repeat offenders. NECC's DMCA Policy is hereby incorporated into these Terms of Use.
These Terms of Use (which hereby incorporate by reference any other provisions applicable to use of the Services, including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Services and any operating rules for the Services established by NECC) constitutes the entire agreement of the parties with respect to the subject matter. The provisions of these Terms of Use will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of these Terms of Use, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the intentions of the original provision. These Terms of Use shall be construed in accordance with and governed by the applicable laws of the State of Massachusetts and applicable United States federal law. Exclusive venue for all litigation regarding these Terms shall be in Bristol County, Massachusetts. You agree that any portion of these Terms found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.