PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: July 1, 2014

TERMS OF SERVICE

If you are using the Site or Services you are contracting with Adaplex Solutions Inc. with respect to use of the Tournamatic Site or Services. Adaplex Solutions Inc. is hereinafter referred to as "Adaplex", "we", "us", or "our").

Adaplex provides an online platform called Tournamatic.com or Tournamatic for short that connects tournament hosts with tournament players seeking to enter such tournaments (collectively, the “Services”), which Services are accessible at www.tournamatic.com and any other websites through which Adaplex makes the Tournamatic services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Adaplex. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TOURNAMENT HOSTS (DEFINED BELOW) MAY CREATE TOURNAMENTS (DEFINED BELOW) AND TOURNAMENT PLAYERS (DEFINED BELOW) MAY LEARN ABOUT AND ENTER SUCH TOURNAMENTS. YOU UNDERSTAND AND AGREE THAT ADAPLEX IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TOURNAMENT HOSTS AND TOURNAMENT PLAYERS, NOR IS ADAPLEX AN INSURER. ADAPLEX HAS NO CONTROL OVER THE CONDUCT OF HOSTS, PLAYERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY TOURNAMENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms

“Tournamatic Content” means all Content that Adaplex makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Tournamatic Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Tournament Player” means a Member who enters a tournament via the Site or Services.
“Tournament Host” means a Member who creates a Tournament via the Site and Services.
“Tournament” means a competitive event that is created by a Tournament Host via the Site and Services.
“Member” means a person who completes Tournamatic’s account registration process, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

Certain areas of the Site and Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Adaplex reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 13 or older. Any access to or use of the Site or Services by anyone under 13 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 13 or older.

How the Site and Services Work

The Site and Services can be used to facilitate the creating and entering a Tournament (“Tournaments”). Such Tournaments are included on the Site and Services by Tournament Hosts. You may view Tournaments as an unregistered visitor to the Site and Services; however, if you wish to enter a tournament or create one, you must first register to create a Tournamatic Account (defined below).

As stated above, Adaplex makes available an online platform with related technology for Tournament Players enter the Tournaments hosted by Tournament Hosts. Adaplex is not an owner or operator of tournament venues or facilities. Unless explicitly specified otherwise in the Tournamatic platform, Adaplex’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the payment collection agent of each Tournament Host for the purpose of accepting payments from Tournament Players on behalf of the Tournament Host.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TOURNAMENT REGISTRATION. ADAPLEX CANNOT AND DOES NOT CONTROL THE CONTENT AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURNAMENTS. ADAPLEX IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL TOURNAMENTS. ACCORDINGLY, ENTERING IN ANY TOURNAMENT WILL BE MADE AT THE GUEST’S OWN RISK.

Account Registration

In order to access certain features of the Site, and to enter a Tournament or create a Tournament, you must register to create an account (“Tournamatic Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site, as described below. As part of the functionality of the Site and Services, you may link your Tournamatic Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Tournamatic through the Site; or (ii) allowing Tournamatic to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Tournamatic and/or grant Tournamatic access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making Tournamatic subject to any usage limitations imposed by such third-party service providers. By granting Tournamatic access to any Third-Party Accounts, you understand that Tournamatic will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your Tournamatic Account and Tournamatic Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Tournamatic Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Tournamatic’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Tournamatic Account and your Third-Party Accounts, at any time, by accessing the “Dashboard” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Adaplex makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Adaplex is not responsible for any SNS Content.

We will create your Tournamatic Account and your Tournamatic Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Tournamatic Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Adaplex reserves the right to suspend or terminate your Tournamatic Account and your access to the Site and Services if you create more than one (1) Tournamatic Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tournamatic Account, whether or not you have authorized such activities or actions. You will immediately notify Adaplex of any unauthorized use of your Tournamatic Account.

Tournaments

As a Member, you may create Tournaments. To create a Tournament, you will be asked a variety of questions about the Tournament, including but not limited to, the location, start, end, entry deadline, divisions, pricing and related rules and terms. In order to be featured via the Site and Services, all Tournaments must have valid physical locations. Tournaments will be made publicly available via the Site and Services after they are published. Other Members will be able to enter the Tournament via the Site and Services based upon the information provided about your Tournament. You understand and agree that once a Member enters a tournament individually or enters a team, you may not request the Member to pay a higher price than it was requested when Tournament was published.

You acknowledge and agree that you are responsible for any and all Tournaments you create. Accordingly, you represent and warrant that any Tournament your create and the entering in your Tournament by a Member (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to your Tournament (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Adaplex assumes no responsibility for a Tournament Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Adaplex reserves the right, at any time and without prior notice, to remove or disable access to any Tournaments for any reason, including Tournaments that Adaplex, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

If you are a Tournament Host, you understand and agree that Tournamatic does not act as an insurer or as your contracting agent.

Tournamatic may offer Tournament Hosts the option of having photographers take photographs of their Tournaments. If you as a Tournament Host choose to have a photographer do this, the photographs taken will be made available to you to include in your Tournament with a watermark or tag bearing the words “Tournamatic.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Tournamatic, including Verified Images, constitute Tournamatic Content, regardless of whether you include them in your Tournament.

No Endorsement

Tournamatic does not endorse any Member or any Tournament. You understand that Verified Images are intended only to indicate a photographic representation of the Tournament at the time the photograph was taken. Verified Images are therefore not an endorsement by Adaplex of any Member or any Tournament. Members are required by these Terms to provide accurate information, and although Adaplex may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Adaplex about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to enter a Tournament or to accept an entry in your Tournament, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Adaplex with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Tournaments you have entered. This limitation shall not apply to any claim by a Tournament Host against Adaplex regarding the remittance of payments received from a Member by Tournamatic on behalf of a Tournament Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Entries and Financial Terms

Key definitions

“Entry Fees” means the amounts that are due and payable by a Member in exchange for that Member’s entry in a Tournament.
“Service Fees” means the fee that Tournamatic charges a Tournament Host for the use of its online platform, which is calculated as a percentage of the applicable Entry Fees.

Bookings and Financial Terms for Tournament Hosts

If you are a Tournament Host and a Member has entered your Tournament via the Site and Services, Tournamatic will send you an email notifying you about such entry and you will be able to review the team roster if applicable on your Dashboard page.

Tournamatic will collect the Total Fees at the time of entry and will initiate payment of the Entry Fees (less Tournamatic’s Service Fees) to the Host within 24 hours.

Entering Tournaments and Financial Terms for Tournament Players and Teams

The Tournament Hosts, not Adaplex, are solely responsible for honoring any Tournament entries and running the Tournaments created through the Site and Services. If you, as an Entrant, choose to enter into a transaction with a Tournament Host for entering a Tournament, you agree and understand that you will be required to enter into an agreement with the Tournament Host and you agree to accept any terms, conditions, rules and restrictions associated with such Tournament imposed by the Tournament Host. You acknowledge and agree that you, and not Adaplex, will be responsible for performing the obligations of any such agreements, that Adaplex is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Adaplex disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Adaplex is not a party to the agreement between you and the Tournament Host, Tournamatic acts as the Tournament Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Tournament Host. Upon your payment of the Total Fees to Tournamatic, your payment obligation to the Tournament Host for the Entry Fees is extinguished, and Tournamatic is responsible for remitting the Entry Fees (less the Service Fees), in the manner described in these Terms.

The Total Fees payable will be displayed to a Member before entering a Tournament.

In connection with your entry, you will be asked to provide customary billing information such as name, billing address and credit card information either to Tournamatic or its third-party payment processor(s). You agree to pay Tournamatic for any Tournament entry in accordance with these Terms by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of tournament entry, either directly by Tournamatic or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site. If you are directed to Tournamatic’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

Service Fees

In consideration for the use of Tournamatic’s online platform, Tournamatic charges the Service Fees. Tournamatic deducts the Service Fees from the Entry Fees before remitting the balance to the Tournament Host as described in these Terms.

Balances will be remitted by Tournamatic to Tournament Hosts via Stripe or other payment methods described on the Site, in the Tournament Host’s currency of choice, depending upon the selections the Host makes via the Site and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.

Rounding Off

Tournamatic may, in its sole discretion, round up or round down amounts that are payable from or to Members to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Tournamatic will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, Tournamatic may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Tournamatic to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Taxes

You as a Tournament Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Tournaments. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you.

Damage to Facilities

Members agree to cooperate with and assist Adaplex in good faith, and to provide us with such information and take such actions as may be reasonably requested by us, in connection with any complaints or claims made by Members relating to Tournaments or with respect to any investigation undertaken by Adaplex or a representative of Adaplex regarding use or abuse of the Site or the Services.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court;
• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
• use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Tournamatic Member;
• offer, as a Tournament Host, any Tournament facility or venue that you do not have permission to host at that location;
• register for more than one Tournamatic Account or register for an Tournamatic Account on behalf of an individual other than yourself;
• recruit or otherwise solicit any Tournament Host or other Member to join third-party services or websites that are competitive to Tournamatic, without Adaplex’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
• use the Site, Services or Collective Content to find a Tournament Host or Member and then enter a Tournament independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Tournamatic’s provision of the Services or for any other reasons;
• as a Tournament Host, submit any Tournament division with false or misleading entry fees information, or submit any Tournament draw with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Tournamatic’s name, any Adaplex trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Adaplex’s express written consent;
• access, tamper with, or use non-public areas of the Site or Services, Adaplex’s computer systems, or the technical delivery systems of Adaplex’s providers;
• attempt to probe, scan, or test the vulnerability of any Adaplex system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Adaplex or any of Adaplex’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Adaplex has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Adaplex may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Adaplex or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Tournamatic, its users, or memebrs of the public. You acknowledge that Adaplex has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Adaplex reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Adaplex, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Siteor Services.

Ownership

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Canada and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Adaplex and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

Tournamatic Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Adaplex grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Tournamatic Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Adaplex or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Adaplex a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Adaplex does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Adaplex the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Adaplex’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Adaplex is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Adaplex of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Adaplex used herein are trademarks or registered trademarks of Adaplex. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at terms@tournamatic.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Adaplex and you hereby irrevocably assign to Adaplex and agree to irrevocably assign to Adaplex all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Adaplex’s request and expense, you will execute documents and take such further acts as Adaplex may reasonably request to assist Adaplex to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Adaplex respects copyright law and expects its users to do the same. It is Adaplex’s policy to terminate in appropriate circumstances the Tournamatic Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Suspension, Termination and Tournamatic Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Tournamatic Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Tournamatic Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Tournamatic Account, your Member Content, or receive assistance from Tournamatic Customer Service, (b) any pending or accepted future entries as a Member will be immediately terminated, (c) you will not be entitled to any compensation for entries that were cancelled as a result of a suspension, deactivation or termination of your Tournamatic Account.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ADAPLEX DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ADAPLEX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ADAPLEX MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE TOURNAMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ADAPLEX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY TOURNAMENTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ADAPLEX OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITEOR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT ADAPLEX DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY TOURNAMENTS. ADAPLEX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Adaplex and you regarding the Site, Services, Collective Content, and any entries or creation of Tournaments made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Adaplex and you regarding entries or creation of Tournaments, the Site, Services, Collective Content.

General

The failure of Adaplex to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Adaplex. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Us

If you have any questions about these Terms, please contact us at terms@tournamatic.com.

This Privacy Policy applies only to information that you provide to us through the Site (tournamatic.com). This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your Tournamatic Account) or by means of a notice on the Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within Canada or internationally.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Service and to enable users to enjoy and easily navigate the Site.

Personally Identifiable Information

When you register with us through the Site and become a Member and when you choose to host a Tournament or sign up for one, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, phone number, email address and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site, we may also ask for your credit card number and other billing information ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your home address. We reserve the right to require address confirmation for Tournament locations.

We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site by completing the required forms.

You can also register to join by logging into online accounts you may have with third party service providers ("SNS")(e.g. Facebook); each such account, a "Third Party Account", via our Site or Application as described below. As part of the functionality of the Site, you may link your Tournamatic Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Tournamatic through the Site or (ii) allowing Tournamatic to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Tournamatic and/or grant Tournamatic access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Tournamatic to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Tournamatic Account and Tournamatic Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Tournamatic Account on the Site, Service and Application. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.

We also collect the other information that you provide as part of registration and the administration and personalization of your Tournamatic Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) ("Non-Identifying Information").

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Tournamatic Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with Tournamatic newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "Notifications" information. (See "Changing or Deleting Information," below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

Log Data

When you visit the Site, whether as a Member or a non-registered user just browsing (any of these, a " Tournamatic User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the web page you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor our Site to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and Application and to monitor aggregate usage by Tournamatic Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

Web Beacons

Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Tournamatic Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

Information Sharing and Disclosure

Overview

The Site can be used to facilitate the creation and entering tournaments. Hosting tournaments is made available via the Site by Tournament Hosts or Tournament Directors. Listings posted by Tournament Hosts, ratings and reviews of Tournament Hosts and Tournamatic Users who have played in those tournaments, and the Profile Information (as defined below) of Tournament Hosts and Tournamatic Users, are visible to any Tournamatic User.

Members and Users

When you create a Tournamatic Account, we will set up a Tournamatic Account profile page for you. Your Tournamatic Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Tournamatic Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Tournamatic, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your "Profile Information"). We will display your Profile Information in your Tournamatic Account profile page publicly via the Site, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Tournamatic Users and consequently should reflect how much you want other Tournamatic Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.

Tournaments

If you create a Tournament, we may publish that Tournament publicly via the Site and may enable third parties to publish your Tournament on their websites through the use of an HTML "widget". We may also display the geographical location of your Tournament in the form of a map so that potential Guests can see the general area and neighborhood of your Tournament, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.

If you request to enter a tournament via the Site, We will share the following information about you with the applicable Tournament Host: (i) your first and last name, (ii) a link to your Tournamatic Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Tournament Host on such SNS, and (iv) an indication that the name that you provided to Tournamatic when you became a Member matches the name that you provided to the SNSs to which you have linked your Tournamatic Account. All of this information will enable the Tournament Host to decide whether to confirm or reject your entry. When a Tournament Host confirms an entry we will share pieces of the Tournament Host’s Identity Information, including, but not limited to, full name, phone number, the Tournament’s location and the Tournament Host’s email address, with the Applicant selected by the Tournament Host and we will share pieces of the Applicant's Identity Information with the Tournament Host, including, but not limited to, full name, phone number and email address, so that the Applicant and Tournament Host may contact one another directly. In no event is an Applicant's Billing Information shared with a Tournament Host.

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Tournament Users and improvement of the Site's features) or to assist us in analyzing how our Site is used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Adaplex or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers

Adaplex may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at  terms@tournamatic.com  or editing the relevant part of their profile. If you would like us to cancel your Tournamatic Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Tournamatic Account. Please note that, if you cancel your Tournamatic Account, any reviews you have posted via the Site will remain publicly viewable via the Site. Please see below for privacy contact information.

Security

Adaplex is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites

Our Site contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Testimonials

With your consent we may post your testimonial on the Site along with your name. If you want your testimonial removed please contact us.

Our Policy Toward Children

The Site is not directed to individuals under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us via email policies@tournamatic.com.

Tournamatic is an online platform for tournaments brought to you by Adaplex Solutions Inc. a Canadian company based in the beautiful Victoria BC. The main product features are explained in this document. As Tournamatic matures this document evolves as well. Please make sure you come back and revisit this guideline frequently.

Enter a tournament

You need to be logged in tournamatic.com to be able to enter a tournament. After you log in, select your favourite tournament from the front page (Use the search box to narrow down your search). You will be taken to the tournament page where you can review the details of the tournament and if you decide that you'd like to enter, click on the Enter Tournament button. When you click on Enter Tournament button, a drop-down displays where you can select the division that suits you the best and click Enter. This will take you to a multi-step entry form where you can enter details about your entry.

How to host a tournament

It's completely free to host a tournament on tournamatic.com. Select the 'Create Tournament' menu item on the top menu and pick a tournament type from the drop-down. This will take you to a multi-step entry form where you can enter details about your tournament.

Service Fees

It's completely free to create a tournament on tournamatic.com. We don't receive any money until a team or an individual decides to enter your tournament. We take a 3% commission per entry from the host of tournament, this service fee is separate from the payment processing fee which is charged by Stripe. For details on Stripe's terms of service and pricing please visit their website at https://stripe.com/ca/pricing.

Payouts

When an entry is accepted, we immediately charge the tournament entrant for the full cost of the entry, and deposit your share of the fee directly to your stripe account.

Prepare

Make sure your hosting location is booked and ready to go on start date. Good tournament hosts have supplies like towels, coffee, and maps. It's probably a good idea to compile instructions for the use of equipments and facilities. Many tournament hosts even go above and beyond by welcoming guests with a free breakfast or a free T-Shirt - get creative!

Check-in

You should know what time your players plan on arriving. Make sure everything is in order and ready to go. When they arrive, we recommend spending five to 10 minutes with them as a quick orientation session before you start. Show them around, highlighting things they need to know