IMPORTANT: YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ONLINE GAMING LEAGUE (OGL) SITE. THESE TERMS AND CONDITIONS REPRESENT THE COMPLETE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND ONLINE GAMING LEAGUE, WHICH OWNS AND OPERATES THE OGL. YOUR USE OF THE OGL INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT THE OGL.

Who may become an OGL Member

Anyone may become an OGL member. However, if you are under 18 years old, you must have the permission of your parent or legal guardian, and you and your parent or legal guardian must have read and agreed to follow these terms and conditions. YOUR PRESENCE ON OGL SIGNIFIES THAT YOU ARE AT LEAST 18 YEARS OF AGE OR YOU HAVE THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN TO BE ON OGL. ONLY ONE ACCOUNT IS PERMITTED PER PERSON.

The Online Gaming League reserves the right to terminate your membership or to discontinue your participation in OGL at any time, for any conduct that Online Gaming League, in its sole discretion, believes violates these Terms and Conditions or that is otherwise harmful to other OGL participants.

OGL reserves the right to reject and/or change any username at its sole discretion at any time and for any reason whatsoever.

Software

You will be in continual use of Online Gaming League software on this website. You will be bound by all of the terms and conditions that accompanies such software. If you use third party software to participate in the games on the OGL, you agree that you will own a license to such software, and you will not copy or modify such third party software unless your license to the software expressly permits you to do so.

Match Broadcasts

Membership in the OGL or participation in any OGL competition constitutes an individual's express permission, individually and collectively with any teammates, for OGL-sanctioned broadcasters to view, connect to, and broadcast any official OGL match, without exception. An individual or team's continued membership in OGL and/or participation in OGL leagues and ladders constitutes their agreement to all such terms, conditions, and notices.

OGL Contests

From time to time, OGL may sponsor or sanction special contests where prizes or other consideration are awarded. The OGL Contest Rules, posted within the OGL site establish the rules for all OGL contests. Please note, however, that when you participate in a contest, you also will continue to be bound by these Terms and Conditions. The following special conditions also apply to any OGL sanctioned or sponsored event where prizes are offered:

• Members providing incorrect, false, misleading, or missing information in their user profile, and information provided at signup, will forfeit their right to collect any prizes won without recourse.
• By participating in the special event, each participant grants to the Online Gaming League, together with any sponsors of the event, the right to use the player's name, image and/or the likeness including (but not limited to) photographs, video recordings, audio recordings for the purpose of advertising or promotional purposes, without further consent or consideration to the player.
• Players are solely responsible for the payment of any taxes required by any government entity on any monies won by virtue of participation in the tournament. The OGL assumes no responsibility any tax liability or any money or prizes which may be awarded as a result of participation in the event.

Cancellation of Membership

To cancel your OGL Membership you must contact the OGL Customer Service Department via email at support@ogl.org. Cancellation requests must include the account's user name and password.

Phone Charges

You are responsible for all phone charges that you incur while accessing the OGL website, including but not limited to, long distance charges, equipment and line cost, and any disputes about such charges or phone service are strictly between you and your telephone carrier.

Content Creation and Use of Materials

If you add content or invent characters, you represent that all material you upload to the OGL, when and if such uploads are enabled, including any characters you create, will be in the public domain. In other words, neither you nor anyone else may own or claim to own or have exclusive rights, including the copyright or trademark rights to, such material, and you agree that the OGL may use such material for any purpose, including re-publication and creation of derivative rights. You assume all risks regarding the determination of your right to use materials or whether materials are in the public domain.

You may not store, distribute or transmit any unlawful material through or by use of the OGL website. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The storage, distribution, or transmission of unlawful materials could subject you to criminal as well as civil liability, in addition to the actions outlined under the section "Violations" below.

You agree that Online Gaming League, may store, transfer, distribute and otherwise use any materials or information which you upload or provide to Online Gaming League, or the OGL website. This specifically includes the right to distribute your Competitive Profile to other OGL Members.

No Offensive Material

You agree that you will not upload to the OGL or disseminate via the OGL any obscene, false, defamatory or hateful material. While the OGL does not actively screen the OGL for such material, if it receives a complaint from another OGL participant or third party, or otherwise becomes aware of such material, it will review the material and may, in its sole discretion, remove such materials from the OGL and may terminate your access to or Membership in the OGL.

Cheating

Cheating in any form is prohibited. If the Online Gaming League, suspects or determines that you have cheated, the OGL may take any or all the actions described in the section entitled "Violations" below. In addition, you may forfeit and any prepaid Membership fees or prize awards.

Online Gaming League, reserves the right to audit all online games. Any dispute between Members regarding any aspect of participation in the OGL will be resolved by Online Gaming League, and its decision will be final and binding.

System Security

You may not use the OGL to compromise the security or tamper with system resources on computers at Online Gaming League, or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. Online Gaming League, will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and may release your name and other Membership information to the appropriate authorities for that purpose.

System Resources

The Online Gaming League, will allocate system resources to provide all Members with the best service possible. As part of resource allocation, the Online Gaming League, may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions. Additionally, the Online Gaming League, may institute services and fees for Members who access system resources above and beyond acceptable usage.

The Online Gaming League, may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in the section labeled "Violations" below.

System abuse means any use of the Online Gaming League resources which disrupts the normal use of the OGL website for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other OGL Members, consuming excessive amounts of CPU time, network resources or disk space, or otherwise unreasonably and adversely affecting the performance of OGL servers.

Chat Areas and Discussion Forums

The Online Gaming League does not guarantee monitoring the chat areas or forums. Accordingly, the Online Gaming League is not responsible for the content of any posting made to chat areas or discussion forums. The Online Gaming League reserves the right to discontinue access to any chat area or discussion forum at any time for any reason.

The Online Gaming League will investigate complaints regarding posts of inappropriate material to the OGL website by Members and may, in its sole discretion, take action as described in these terms and conditions. The Online Gaming League may base its determination of whether a post is inappropriate on such criteria as any posted description the chat area or discussion forum in question, the system resources consumed by the posting, and applicable laws.

You may not post advertisements on the OGL website, except where and if permitted by the OGL. Also, you may not post such materials as chain letters, pyramid schemes, encoded binary files, job offers or listings, and personal ads without our written permission.

You may not alter the headers of posts to chat area or forums or to email messages to prevent Members from responding to posts or to conceal their email addresses unless the software provides you proper permission levels to do so, as directed by OGL management.

You may not remove postings which are made by other Members unless the software provides you proper permission, as directed by OGL management. The Online Gaming League has the right to remove any postings or to require that any posting be moved to a different forum or different area of the OGL website.

You may not attempt to "flood" or disrupt the public areas on the OGL website. Disruption is defined as posting to a forum a large number of messages which contain no substantive content and where normal discussion in the forum is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.

Violations

The Online Gaming League reserves the right to investigate suspected violations of these Terms and Conditions. When the Online Gaming League becomes aware of possible violations, the Online Gaming League may initiate an investigation which may include gathering information from the Member or Members involved and/or the complaining party, if any, and examination of material on OGL’s servers.

During an investigation the Online Gaming League may suspend the Membership of the Members involved and/or remove the material involved from the OGL’s servers. If the Online Gaming League believes, in its sole discretion, that a violation of these Terms and Conditions has occurred, it may take responsive action, which may include removal of material from the OGL’s servers, warnings and suspension or termination of Memberships, including permanent banning from any future OGL membership. The Online Gaming League, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations could also subject the Member to criminal or civil liability.

Your Indemnity Of the Online Gaming League

You agree to indemnify the Online Gaming League against any claims or damages arising out of your breach of any of your warranties or obligations under this Agreement or your placement or transmission of any materials or content onto the OGL network.

Term

This Agreement is effective until terminated. The Online Gaming League may terminate your license and the OGL Membership at any time if you breach any of the terms of this Agreement, fail to make any payments when due, or if any of the representations you make in this Agreement turn out to be false. Other than your right to participate in the OGL and in Member activities, all rights and obligations of the parties will survive termination of this Agreement.

Limited Warranty; Limitation Of Remedies

YOU ACKNOWLEDGE THAT THE OGL IS A CONSTANTLY EVOLVING SERVICE AND THAT BUGS AND ERRORS WILL OCCUR FROM TIME TO TIME, INCLUDING THOSE WHICH COULD "CRASH" YOUR COMPUTER, OR EVEN AFFECT YOUR DATA. ACCORDINGLY, THE OGL SERVICE AND NETWORK ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF CONTENT APPEARING ON THE OGL NETWORK AND YOUR USE OF THE NETWORK IS WITH YOU.

THE ONLINE GAMING LEAGUE SHALL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF OR PARTICIPATION IN THE OGL OR LICENSED SOFTWARE. In any case, the OGL’s entire liability under or arising out of these Terms and Conditions or your use of or participation in the OGL network, shall be limited to the greater of the amount that you paid in Membership Fees for the preceding month – i.e. NONE. Some jurisdictions may not allow a limitation on liability for negligence that causes personal injury or death, and the Online Gaming League limits its liability in such jurisdictions only to the degree allowed by the applicable laws.

General

Changes to These Terms and Conditions: The Online Gaming League wants to make sure that the OGL is fun and fair for all participants. We reserve the right to change these Terms and Conditions, and any rules for OGL Contests, Tournaments, Ladders and the like, at any time, in our discretion. We will publish notice of changes on-line at a designated place within the OGL Network. If you are an OGL Member we may also send notice of changes to you via your e-mail account.

You may not assign your OGL Membership or your rights and obligations under this Agreement. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this Agreement is void.

This Agreement will be governed by the laws of the State of Florida, excluding its conflict of law rules.

You may obtain a copy of these Terms and Conditions through the World Wide Web at: http://www.ogl.org.

License

The Online Gaming League and its third party licensors (collectively, "Licensor") grants to you a non-exclusive license to use the accompanying software product ("Software") and accompanying documentation ("Documentation") on the following terms:

You may:

use the Software only with the OGL Network.

You may not:

Permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or Documentation (except to the extent applicable laws specifically prohibit such restriction); copy the Software or Documentation (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software or Documentation; or remove any proprietary notices or labels on the Software or Documentation.

Title

Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in Licensor and/or its third party licensors. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content. To the extent that the Software and Documentation is provided by license from one or more third party licensors, such licensor is an intended third party beneficiary of this agreement and may directly enforce the terms of the agreement related to its software and documentation.

Limited Warranty

Licensor does not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure and hereby disclaims any and all liability on account thereof. Licensor warrants that the media containing the Software, if provided by Licensor, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Licensor's sole liability for any breach of this warranty shall be, in Licensor's sole discretion: (i) to replace your defective media; or (ii) if the above remedy is impracticable, in Licensor's sole discretion, to refund the license fee, if any, you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the repaired or replaced Software. Only if you inform Licensor of your problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will Licensor be obligated to honor this warranty. Licensor will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within 30 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY OR CONDITION MADE BY LICENSOR. LICENSOR MAKES NO OTHER EXPRESS WARRANTY AND ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT POSSIBLE BY LAW. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. If the media is subjected to accident, abuse, or improper use; or if you make any prohibited modifications to the Software during the warranty period; or if you otherwise violate the terms of this agreement, then this warranty shall immediately and automatically terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF LICENSOR'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

Termination

The license will terminate automatically if you fail to comply with the limitations described above, unless you have remedied such failure within thirty (30) days of the date on which you failed to comply with the limitations described above and notify Licensor accordingly. On termination, you must destroy all copies of the Software and Documentation.

Export Controls

None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any other country to which the U.S. or U.K. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

U.S. Government Restricted Rights

Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Online Gaming League, LLC, 102 E. New Haven Ave., Suite 154, Melbourne, FL 32901. If you are a unit or agency of the Government or are acquiring the Software and Documentation for any such unit or agency, the following apply:

(a) If the unit or agency is the Department of Defense ("DOD"), the Software and Documentation are classified as "commercial computer software" and "commercial computer software documentation", respectively, and, pursuant to DFAR Section 227.7202, the Government is acquiring the Software and Documentation in accordance with the terms of this agreement.

(b) If the unit or agency is other than DOD, the Software and Documentation are classified as "commercial computer software" and "commercial computer software documentation", respectively, and pursuant to FAR Section 12.212, the Government is acquiring the Software and Documentation in accordance with the terms of this agreement.

Miscellaneous

This agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them, with respect to the license of the Software and Documentation. It may be amended only in writing. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by and construed under Texas law as such law applies to agreements between Texas residents entered into and to be performed within Texas, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.