Welcome to Elo Portal Co ("Elo Portal," "EloPortal," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the website located at eloportal.io and any related services, features, content, applications, and products we offer (collectively, the "Services"). Please read these Terms carefully. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least eighteen (18) years old to access or use the Services. By using the Services, you represent and warrant that you are at least 18 years of age, that you have the legal capacity to enter into a binding agreement, and that your use of the Services does not violate any applicable law or regulation. We do not knowingly permit anyone under 18 to use the Services.
2. Overview of the Services
Elo Portal is building a platform focused on the authentication of esports content and the creation of digital collectibles. Our planned and current Services may include, without limitation: a public website and waitlist; authentication and verification of esports clips and video; the minting of authenticated esports moments as digital collectibles ("Portals") on a blockchain; the sale of Portals individually or in randomized packs; a marketplace for buying, selling, and trading Portals; and related utility, rewards, and community features.
Some features described in these Terms may not yet be available. Provisions relating to purchases, Portals, packs, the marketplace, and blockchain transactions apply once those features are made available to you. We may add, change, suspend, or discontinue any part of the Services at any time.
3. Accounts
To use certain features, you may need to create an account or connect a third-party digital wallet. You are responsible for maintaining the confidentiality of your account credentials and wallet, and for all activity that occurs under your account or through your wallet. You agree to provide accurate and complete information and to keep it up to date. Notify us promptly at legal@eloportal.io of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account or wallet, including loss of private keys or seed phrases, which we never store and cannot recover.
4. Portals, Packs, and Digital Collectibles
4.1 Nature of Portals
Portals are digital collectibles recorded on a blockchain. When you acquire a Portal, you obtain ownership of that specific blockchain token and a limited license to the associated digital content as described in Section 5. You do not acquire ownership of the underlying intellectual property, including any esports footage, team or player marks, game content, or artwork, except as expressly licensed.
4.2 Not an Investment
Portals are collectibles intended for personal use and enjoyment. They are not securities, investment products, or financial instruments, and they are not offered or sold as investments. We make no representation or guarantee that any Portal has or will retain any particular value, that a market for any Portal will exist, or that any Portal can be resold. You should not purchase Portals with an expectation of profit. Any purchase is made solely for collecting and personal enjoyment.
4.3 Packs and Randomized Pull Rates
Portals may be sold in packs, including "Fundamental" packs and "Elite" packs, which contain a number of Portals determined at random according to published pull rates and rarity tiers. You acknowledge that the specific Portals contained in any pack are determined by chance, that you may receive Portals you already own or do not want, and that pull rates represent probabilities, not guarantees of any particular outcome.
4.4 No Refunds
ALL SALES ARE FINAL. To the maximum extent permitted by law, all purchases are non-refundable and non-cancellable. This includes, without limitation, all packs purchased on the Services and all Portals or other items purchased, sold, or traded on our marketplace or secondary market. You acknowledge that the random nature of packs, the volatility of digital collectibles, and the irreversibility of blockchain transactions all mean that purchases cannot be undone. Do not purchase if you are not prepared to keep what you receive.
5. License to Portal Content
Subject to your continued compliance with these Terms and your ownership of a given Portal, Elo Portal grants you a worldwide, non-exclusive, royalty-free license to access, view, and display the digital content associated with that Portal solely for your personal, non-commercial purposes, including displaying it in marketplaces or wallets that support the Portal. This license is tied to your ownership of the Portal and transfers with it when you transfer the Portal. The license terminates automatically if you no longer own the Portal. You may not use the associated content to produce or sell merchandise, to imply endorsement, to infringe any third-party rights, or for any commercial purpose not expressly authorized.
6. Blockchain Transactions and Risks
The Services may rely on one or more public blockchains and third-party digital wallets that we do not control. You understand and accept the risks of blockchain technology, including without limitation: transactions are typically irreversible and final; network fees, congestion, forks, or failures may affect transactions; the value of digital assets can be highly volatile; smart contracts may contain vulnerabilities; and loss of your private keys or seed phrase will result in permanent loss of access to your assets. We are not responsible for any losses arising from blockchain networks, wallets, or third-party services.
7. User Conduct
You agree not to use the Services to do any of the following:
- ▸Violate any applicable law, regulation, or third-party right, including intellectual property and privacy rights.
- ▸Upload, mint, or distribute content you do not have the rights to, or content that is unlawful, infringing, fraudulent, defamatory, obscene, or harmful.
- ▸Misrepresent the authenticity of any content, or attempt to manipulate, bypass, or interfere with our authentication or verification processes.
- ▸Engage in wash trading, market manipulation, money laundering, or any fraudulent or deceptive activity on the marketplace.
- ▸Use bots, scrapers, or other automated means to access the Services in a manner that burdens or interferes with the Services.
- ▸Attempt to gain unauthorized access to any part of the Services, other accounts, or our systems, or introduce malware or harmful code.
- ▸Harass, threaten, or abuse other users, or impersonate any person or entity.
We may investigate and take action, including suspending or terminating accounts and removing content, for any violation of these Terms.
8. User-Submitted Content
If you submit, upload, or provide any content to the Services, including esports clips or video ("User Content"), you represent and warrant that you own or have all necessary rights, licenses, and permissions to submit that content and to grant the licenses below, and that the content does not infringe or violate any third-party rights. You grant Elo Portal a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, authenticate, display, and use the User Content as needed to operate and provide the Services, including to mint authenticated moments as Portals where authorized. You are solely responsible for your User Content and the consequences of submitting it.
9. Intellectual Property
The Services, including all software, text, graphics, logos, designs, and other content provided by Elo Portal (excluding User Content and third-party content), are owned by or licensed to Elo Portal and are protected by intellectual property laws. Except for the limited licenses expressly granted in these Terms, we reserve all rights. "Elo Portal," "EloPortal," "Portals," and related names and logos are marks of Elo Portal Co and may not be used without our prior written permission.
10. Third-Party Services and Links
The Services may integrate with or link to third-party services, including blockchains, wallets, marketplaces, and websites that we do not control. We are not responsible for the content, policies, security, or practices of any third party. Your use of third-party services is governed by their terms and policies, and is at your own risk.
11. Disclaimers
THE SERVICES AND ALL CONTENT, INCLUDING PORTALS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT AUTHENTICATION RESULTS WILL BE COMPLETELY ACCURATE. ANY DETERMINATION OF AUTHENTICITY REPRESENTS OUR ASSESSMENT AND IS NOT A GUARANTEE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELO PORTAL CO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR DIGITAL ASSETS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless Elo Portal Co and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Services, your User Content, your violation of these Terms, or your violation of any law or third-party right.
14. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the licenses granted to you by us under these Terms end, except that Portals you own on the blockchain remain yours subject to the limitations described here. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, and indemnification.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and may provide additional notice. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, stop using the Services.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, unless otherwise required by applicable law.
17. Miscellaneous
These Terms constitute the entire agreement between you and Elo Portal Co regarding the Services and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them freely. Nothing in these Terms creates any partnership, agency, or employment relationship between you and us.
18. Contact
If you have questions about these Terms, contact us at legal@eloportal.io.
See also: Privacy Policy · Cookie Policy