Terms and Conditions

These Terms and Conditions and any information relating to the Tournament provided by GameShadow Battles forms the Agreement between Us. These terms and conditions may be updated at any time.

1. Definitions

1.1 "Agreement" means any agreement to which these terms & conditions are incorporated.

1.2 "You/Your" means the Tournament participants.

1.3 "We/Us/Our" means GameShadow Battles a consortium consisting of GameShadow Limited, Fasthosts Internet Limited and Epic Gaming Limited.

1.4 "Fasthosts" means Fasthosts Internet Limited.

1.5 "Tournament" means the entire Tournament.

1.6 "Website" means www.gameshadowbattles.com and www.gameshadowbattles.co.uk

1.7 "System" means secure login area.

1.8 "Servers" mean the Services to be provided by Fasthosts.

2. Commencement and duration

2.1 The Tournament shall begin on the 14 May 2012 until the week commencing 23 July 2012 or completion of the Tournament should there be an unavoidable delay to the Tournament final matches.

3. Registration

3.1 Registration to the Tournament System must be completed at least one Week prior to the first match fixtures, in order to confirm participation in the Tournament. Team line-ups must have the minimum number of players and the appropriate SteamID/GUID for every player listed by this time. Teams will be unable to register after the closing date and will not be entered in to the Tournament.

3.2 Players can only register to play for one team. Should a player be eliminated, it is prohibited to play for another team.

4. Tournament Rules

4.1 Communication. The clan leader/manager should remain available in IRC #gsbattles on Quakenet during the Tournament match evenings in order to be contactable by the game admins. IRC is the official method of communication for this Tournament. Spam/Abuse directed toward the game admins is not acceptable and may result in Your team being disqualified from the Tournament.

4.2 Nicknames and Clantags. Players must Use the same nickname that is registered to the Tournament System and same clan tag as registered.

4.3 We require self-reporting of results through the Tournament System immediately after the match. Scores not added and confirmed within 60 minutes of the match ending may be disregarded by the game admins.

5. Payment

5.1 There is no payment required to register for the Tournament.

6. Appropriate System Use

6.1 Access to the System is given to the registrant only; Your Username and password are not to be revealed to any other person. On registration You are required to ensure that all information provided is accurate. Your account is non-transferrable. You are solely responsible for any consquencescaused by misuse of Your account access.

6.2 We reserve the right to refuse Your access to the System with or without prior notice.

6.3 The game admins have the final ruling on any decisions and registrants are expected to accept those decisions. Admins have the right to undertake their role without abuse from any Tournament registrant. Any reports of abusive behaviour will result in disqualification from the Tournament.

6.4 We ask that You do not behave in a manner that will ruin the Tournament for any of the other participants.

6.5 Failure to adhere to the above terms and conditions will result in either a verbal warning or the participant being asked to leave the Tournament without notice. This will be entirely at Our discretion. Any actions (attacks) which may cause damage to the System will be treated as a criminal act and will result in legal proceedings.

7. Intellectual Property Rights

7.1 All content on the Tournament System is the copyright of GameShadow Battles and may not be copied or reproduced for any purpose without written permission.

7.2 Unless otherwise agreed between the parties, all Intellectual Property Rights in the Tournament, including but not limited to the Website and the System belong, and shall continue to belong, to Us and/or Our licensors.

8. Scheduled Maintenance

8.1 To guarantee optimal performance on the servers, it is necessary for Fasthosts to perform routine maintenance. Such maintenance often requires taking Fasthosts servers off-line, typically performed during off-peak hours. Fasthosts will give You advance notice of maintenance requiring the servers to be taken off-line whenever possible.

9. Support

9.1 Please note We may require suspension of some Systems for short scheduled periods to carry out maintenance or repair to Fasthosts Services. Information concerning scheduled downtime is available on the Fasthosts support Website, as are details of any interruptions to Fasthosts Services.

11. Your personal details and data

11.1 By registering on the System, You consent to certain information being made public to other Users in the community areas of the System; such information may include Your Username, gaming clan, SteamID/COD4 GUID and country of residence.

11.2 Fasthosts may wish to undertake surveys on the quality of the service throughout the Tournament. Your data will be used after the event for marketing communications in regard to Fasthosts services.

11.3 We will not provide any of Your personal information to other companies or individuals without Your permission. For more information about how We collect and Use Your personal information please read the Tournament privacy policy www.gameshadowbattles.com/privacy .

11.4 Fasthosts shall be entitled to process and claim ownership of the Personal Data which End User provides to the Parties in connection with this Agreement and the End User Agreement for the purposes of: (a) this Agreement; and (b) contacting the End User in respect of the provision of Services.

11.5 Data Protection Act. Fasthosts shall comply with its respective obligations under the provisions of the Data Protection Act 1998 (the “Act”) and references in this clause to “Data Processor”, “Data Controller” and “Personal Data” shall have the meanings defined in the Act.

12. Termination

12.1 We reserve the right to modify or terminate this Tournament should there be an insufficient number of participating teams.

12.2 We reserve the right to terminate Your access to the System with or without prior notice. Similarly We reserve the right to terminate any aspect of the System or service as required.

13. GameShadow Battles Disclaimers and Warranties

13.1 We make no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.

13.2 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.

13.3 Use of the System in its entirety is at Your own risk. By using the site or by registering for the Tournament, You agree that We are not responsible for any damage to Your equipment or any other loss as a result of Your access to the System. No participants may attempt to gain unauthorised access to protected areas of the System or to impair any areas of the System, including the performance of the System and Servers.

13.4 The Tournament System may contain links to external Websites and resources and We take no responsibility for any external content and to follow these links is at Your own risk.

13.5 We accept no responsibility for errors, omissions or inaccuracies on the System.

13.6 Our employees are able to enter the Tournament but are not eligible to receive prize money if successful in the Tournament.

14. Liability

14.1 We shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

14.2 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

14.3 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Fasthosts, its employees or its sub-contractors.

14.4 We shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-

14.4.1 interruptions to the flow of data to or from the internet;

14.4.2 changes, updates or repairs to the network or software which it Uses as a platform to provide the Services;

14.4.3 the effects of the failure or interruption of Services provided by third parties;

14.4.4 factors outside of Fasthosts' reasonable control;

14.4.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties; and

14.4.6 problems with Your equipment and/or third party equipment.

15. Force Majeure

15.1 We shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Fasthosts (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.

16. Non-Waiver

16.1 Our failure to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

17. Survival

17.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

18. Notice

18.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Us to You shall be deemed to have been given if delivered by email, in accordance with the contact information You have provided.

19. Governing Law

19.1 Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English courts.

20. Legal Fees

20.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

21. Assignment

21.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without Our prior written consent. However, in the event that We consent to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

22. Entire Agreement

22.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

23. Relationship of the Parties

23.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

24. No Third Party Beneficiaries

24.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim and cause of action or privilege.

25. Severability

25.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.