Terms of Service

Last Updated: December 2024

1. Acceptance of Terms

Welcome to TheTickSlayer.com (the "Site"), owned and operated by TheTickSlayer LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and gaming community platform (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and TheTickSlayer LLC. You represent that you have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

TheTickSlayer is a gaming community platform that provides:

  • Community forums and discussion boards for gamers
  • Gaming news, tips, strategies, and content
  • Social networking features for connecting with other gamers
  • Gaming resources, guides, and educational content
  • User profile creation and customization
  • Community events and tournament information

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Age Requirements

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

3.3 Account Termination

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including for violations of these Terms.

4. User Conduct and Prohibited Uses

4.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable federal, state, local, or international law or regulation
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • Harass, abuse, threaten, stalk, or intimidate any other user
  • Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Engage in any form of spam, unsolicited advertising, or commercial activities
  • Upload viruses or other malicious code that compromises the security or functionality of the Service
  • Attempt to gain unauthorized access to the Service, other user accounts, or computer systems or networks
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use any automated means (including bots, scripts, or scrapers) to access the Service
  • Collect or store personal data about other users without their consent
  • Engage in any activity that could damage, disable, overburden, or impair the Service

4.2 Gaming-Specific Conduct

In addition to the above, you agree not to:

  • Promote or encourage cheating, hacking, or exploiting in any game
  • Share or distribute game cheats, hacks, or exploits
  • Engage in real-money trading (RMT) or account selling unless explicitly permitted
  • Engage in toxic behavior or griefing that negatively impacts other community members

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by TheTickSlayer LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, and logos (the "Trademarks") used and displayed on the Service are registered and unregistered Trademarks of TheTickSlayer LLC. Nothing on the Service should be construed as granting any license or right to use any Trademark without our prior written permission.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. This license does not include any resale or commercial use of the Service or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.

5.3 Third-Party Content

The Service may contain links to third-party websites, services, and content that are not owned or controlled by TheTickSlayer LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

6. User-Generated Content

6.1 Content Ownership

You retain ownership of any content you post, upload, or otherwise make available through the Service ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business operations.

6.2 Content Representations

By posting User Content, you represent and warrant that:

  • You own or have the necessary rights to post the User Content
  • The User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
  • The User Content complies with these Terms and all applicable laws
  • The User Content does not contain any viruses, malware, or other harmful code

6.3 Content Monitoring and Removal

We reserve the right, but not the obligation, to monitor, review, and remove User Content at our sole discretion, including content that violates these Terms or is otherwise objectionable. We are not responsible for any failure or delay in removing such content.

6.4 Content Backup

We are not responsible for backing up any User Content. You are solely responsible for creating backup copies of any User Content you post on the Service.

7. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

TheTickSlayer LLC, its subsidiaries, affiliates, and licensors do not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements

Your use of the Service is at your sole risk. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

We do not endorse, warrant, or guarantee any content, product, or service offered by third parties through the Service. We are not a party to and do not monitor any transaction between you and third-party providers.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THETICKSLAYER LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless TheTickSlayer LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service
  • Your User Content
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

10. Termination

10.1 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

10.2 Termination by You

You may terminate your account at any time by contacting us at [email protected] or through your account settings, if available.

10.3 Effect of Termination

Upon termination:

  • All licenses and rights granted to you in these Terms will immediately cease
  • We may delete your account and all associated data
  • You remain liable for all obligations you incurred prior to termination
  • Sections that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability

11. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

You agree that any legal action or proceeding between you and TheTickSlayer LLC for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.

12.2 Arbitration Agreement

You and TheTickSlayer LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Dallas, Texas, or at another mutually agreed location.

12.3 Class Action Waiver

YOU AND THETICKSLAYER LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and TheTickSlayer LLC agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice through the Service or by sending you an email to the address associated with your account.

Material changes will take effect 30 days after we post notice of the changes or send you notice, whichever is earlier. Changes addressing new functions of the Service or changes made for legal reasons will be effective immediately.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

It is your responsibility to review these Terms periodically for changes. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and TheTickSlayer LLC concerning the Service and supersede all prior agreements and understandings.

14.2 Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

14.3 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you. Any attempted assignment in violation of this section shall be null and void.

14.4 No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority to bind TheTickSlayer LLC in any respect.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including mechanical, electronic, or communications failure or degradation.

14.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

14.7 Language

These Terms are drafted in English. To the extent any translated version conflicts with the English version, the English version shall control.

15. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:

TheTickSlayer LLC

2911 Turtle Creek Blvd, Suite 300

Dallas, TX 75219

United States

Email: [email protected]

We will attempt to respond to all inquiries within 5 business days.

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.