These Terms of Service and Conditions cover:

Delivery Policy, Pricing Policy, Cancellation and Refund Policy, Customer Service Policy, Consumer Data Policy, Security Policy, Legal Policy, Forum/Community Group Policy, Affiliate Program Terms and other important policies.

Last Revised: 13 September 2017

Contents

1 Definitions

2 Our contract with you

3 Your account with us

4 Pricing Policy and Transaction Currency

5 Cancellation and Refund of order

6 Foreign taxes, duties and import restrictions

7 Customer Service Policy

8 Disclaimers

9 Your Material

10 Security Policy and System Security

11 Acceptable use Policy

12 Confidential Information, Intellectual Property Rights, Non-Competition and Non-Solicitation

13 Your email address

14 Indemnity

15 Miscellaneous provisions

16 Legal Compliance and Payment Card Compliance

17 Warranties and Representations

18 Forum / Group Terms and Conditions

19 Affiliate Program Terms

Website terms and conditions services to consumers, payment online

Trading terms and conditions of EziSports

These terms and conditions regulate the business relationship between you and us. When you use our website or buy from us, you agree to be bound by them.

IMPORTANT: No person under the age of 18 years may purchase services or enter into this agreement.

We are: EziSports
Our postal address is: RM 1203, 12/F, BLK 3, 33 Canton Road, Hong Kong

You are: a visitor to a website owned or controlled by us. You as the visitor have the duty to read carefully and understand the Terms and conditions before using the Website.  A Visitor who has viewed the Website is considered to have read, understood and agreed to be bound by the Terms and conditions, without the need for any further act.

The Terms and Conditions

1 Definitions

In this agreement:

“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;

“Our Website” means the entire computing hardware and software installation that is or supports Our Website, groups, forums and applications.

“Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.

“Content” means any material in any form published on Our Website by us or any third party with our consent.

“Material” means Content of any sort posted by you on Our Website

“Visitor” means all parties who access Our Website and make use of its features and contents in any manner

“You” means “Visitor” and/or “Member”

“Our & Us” means EziSports and associated entities.

“Forum / Community Group” means any platform hosted on our servers or hosted by a 3rd party. Example: Xenforo, Facebook, Slack, BuddyPress, etc

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Services.

2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.

2.4 We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.

2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.

2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

2.7 If we owe you money (for this or any other reason), we will transfer those funds to you as soon as reasonably practicable but in any event no later than 28 days from the date of your order or request.

3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

4 Pricing Policy & Transaction Currency

4.1 All of our prices are in Australian dollars (AUD) or American dollars (USD) and are clearly displayed on purchase. As technology advances and changes you may be able to choose to purchase in your local currency.

4.2 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.

5 Cancellation and Refund Policy

5.1 Cancel your account by sending us an email. Click here to email accounts

5.2 Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision.

5.3 We do NOT offer any refund on any trial purchase and any charge thereafter.

5.4 We do NOT offer any refunds.

5.5 We reserve the right to remove your membership and access to any and all EziSports information, forum, group and community on any platform at our sole discretion.

5.6 If your membership is cancelled by EziSports and we decide to issue a refund, your refund will be processed immediately and all your access to any EziSports information, forum, group and community on any platform will be removed immediately. The refund may take more than 10 business days to be credited back to the account you paid with.

5.7 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.

6 Foreign taxes, duties and import restrictions

6.1 We have no knowledge of, and no responsibility for, the laws in your country.

6.2 You are responsible for purchasing services which you are lawfully able to use and for the payment of import duties and taxes of any kind levied in your country.

7 Customer Service Policy

7.1 EziSports is committed to providing exceptional customer service and delivering quality products that actually improve your life. We endeavour to make sure that all products and information listed on our website are true and correct.

7.2 Once you purchase you will have instant access to the product or service you have bought from us via our online portal and our communication channels that you may of registered for, such as email, SMS messaging, etc

7.3 If for any reason you are not completely happy with your purchase, contact us immediately and tell us:
7.3.1 exactly why you think we have failed;
7.3.2 the date, if relevant, of the failure;
7.3.3 when and how you discovered the failure;
7.3.4 the result of the failure;
7.3.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.

7.4 To do this, it is essential that you contact us by submitting the form on our contact page.

7.5 Our Services may be provided by email / sms / made available for you to download / accessed via online portal in the way we have explained in our Website.

7.6 If we are not able to provide your Services, we shall notify you within 2 business days by e-mail to tell you the likely provision date.

7.8 Once Service provision has started, you may cancel the Service at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.

7.9 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.

7.10 If we change the nature or provision of the Services, you may terminate this contract.

7.11 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.

7.12 You may not share or allow others to use the Services in your name.

7.13 We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.

8 Disclaimers

8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.

8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. We would be grateful if you bring to our immediate attention, any that you find.

8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Services for your purpose;
8.3.2 the truth of any content on our website published by someone other than us;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the services are commonly used;
8.3.4 compatibility of our website with your equipment, software or telecommunications connection.

8.4 Our website contains links to other internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services or information.

8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

8.7 The above two sub paragraphs do not apply to a claim for personal injury.

8.8 You agree to our Earnings Disclaimer

8.9 You agree to our Affiliate Disclaimer

9 Your Material

9.1 If you post any material in our website, forum, group or any other platform we manage, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

9.2 You agree that if you do post any material, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that material in any way whatever, throughout the world in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your material.

9.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

9.4 You represent and warrant that:

9.4.1 you have the rights to publish all of the material that you post;

9.4.2 any fact stated in your material is accurate;

10 Security Policy and System Security

10.1 When purchasing from EziSports your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact us by email on our contact page.

10.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our website.

10.3 You may not use any software tool for the purpose of extracting data from our website.

10.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

11 Acceptable use Policy

As a condition of your use of our website, you agree to comply with these provisions:

11.1 You will not use or allow anyone else to use our website to post or otherwise publish:
11.1.1 copyright works;
11.1.2 commercial audio, video or music files;
11.1.3 any Material which violates the law of any established jurisdiction;
11.1.4 unlicensed software;
11.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
11.1.6 links to any of the material specified in this paragraph;
11.1.7 pornographic Material;
11.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

11.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
11.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
11.2.2 The sending of junk mail;
11.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
11.2.4 Excessive and repeated posting off-topic messages to newsgroups;
11.2.5 Excessive and repeated cross-posting;
11.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libelous or obscene Material, or Material of any nature which could be deemed to be offensive;
11.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.

12 Confidential Information, Intellectual Property Rights, Non-Competition and Non-Solicitation

12.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.

12.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

12.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

12.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

12.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

12.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

12.7 You may not frame any of the content of the Website or incorporate it into another website, nor may you create or use an account for the purposes of evaluating our service and subsequently copy or incorporate any of our processes or features into another product, or into a business or service that could be reasonably assessed as being in competition with EziSports.

12.8 Non-Competition. You covenant and agree that, during your engagement and/or membership with the us and for twelve (12) months after the termination thereof, regardless of the reason for the termination, you will not, directly or indirectly, anywhere in the world, on behalf of any Competitive Business perform the same or substantially the same activities.

12.9 Non-Solicitation of Customers, Customer Prospects, and suppliers. You also covenant and agree that during the term of your engagement and/or membership with the us and for twelve (12) months after the termination thereof, regardless of the reason for the termination, you will not, directly or indirectly, solicit or attempt to solicit any business from any of our Customers, Customer Prospects, or suppliers with whom you had contact during your time in our groups, forums and membership.

13 Your email address

13.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

13.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

13.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

14 Indemnity

14.1 You agree to indemnify us against any claim or demand, including lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

15 Miscellaneous provisions

15.1 When we communicate with you by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

15.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

15.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

15.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

15.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

15.9 You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.

15.10 These Terms and Conditions are not intended to create any partnership, agency or joint venture between us and the you.

16 Legal Compliance and Payment Card Compliance

16.1 You are advised to comply with applicable legislation in the jurisdiction in which you are domiciled and/or resident.

16.2 We recommend that you as the cardholder retain a copy of all transaction records and our policies and rules.

16.3 No disbursements of winnings or prizes will be refunded back to the card used for any purchase.

17 Warranties and Representations

17.1 It is hereby being specified that the Provider makes no representation, pledge or warranty (either explicit or implicit) that the content of the Website is accurate and/or suitable for any particular purpose other than those warranties which cannot be expressly excluded under the governing law of these Terms and Conditions.

17.2 Use of Our Website is entirely at the visitors risk.

17.3 We do not guarantee that any of the functions provided by our Website are authorised, and that the operation will fully satisfy the Visitor, that it is entirely secure and exempt from error, that it is updated regularly, that any software defect is regularly corrected, that it is uninterrupted, that our Website is virus or bug free, or that it is continually operational, that they are adequate, that the information and functions available thereon is reliable, or that all other information obtained and functions used on our Website are adequate and reliable.  Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17.4 Our Website may contain links and references to third party websites/adverts/content. These are provided for the convenience and interest of the Visitor and does not imply responsibility for, nor approval of, information contained in these websites adverts/content by the Provider.  The Provider gives no warranty, either expressed or implied, as to the accuracy, availability of content or information, text or graphics which are not under its domain.  The Provider has not tested any software located on other websites and does not make any representation as to the quality, safety, reliability or suitability of such software.

17.5 By using this website and any of our other products or services you agree to our earnings and affiliate disclaimers here.

18 FORUM / GROUP TERMS AND CONDITIONS

The functions you can access here are based on your “membership level”.

THE RULES AT A GLANCE

  1. Don’t spam. We have a zero tolerance policy. Do it once and you’re out.
  2. Make quality posts. You’ll get a friendly warning for low quality posts, and if you do it again you’ll be suspended.
  3. No personal insults. This is self explanatory.
  4. Be civil. Don’t post anything that a reasonable person would consider offensive, abusive, or hate speech.
  5. Keep it clean. Don’t post anything obscene or sexually explicit.
  6. Respect each other. Don’t harass or troll anyone, impersonate people, or expose their private information.
  7. No politics or religion. Nothing starts a fight faster than politics or religion, so we don’t allow those discussions.
  8. Keep personal information private. Unless you’re willing to expose your information to the world, please do not post telephone numbers, e-mail addresses etc in your posts.

Affiliate links, coupons, and offers
Affiliate links, coupons, offers are not welcome in any EziSports Forums or Groups. DO NOT:

  • Post coupon codes, discounts, offers
  • Post affiliate links

19 AFFILIATE PROGRAM TERMS

By signing up for any service or product provided by Platinum Sports Media Limited (EziSports) including but not limited to the EziSports Affiliate Program, you agree to these Terms of Service

By signing up to be an affiliate in the EziSports Affiliate Program (“PROGRAM”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). 

EziSports reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current PROGRAM, including the release of new services, tools and resources, shall be subject to the Terms of Service. Continued use of the PROGRAM after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.EziSports.net/terms

Violation of any of the Account Terms below may result in the termination of your Affiliate Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the PROGRAM at your own risk.

PROGRAM Account Terms

  1. You are 18 years of age and that there is no legal reason that you cannot enter into a binding agreement.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  5. One person or legal entity may not maintain more than one account.
  6. You may not use the PROGRAM for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales or click-through using robots, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions.
  8. You may not use the PROGRAM to earn money on your own EziSports product accounts.

Using Links on Your Site
As an affiliate website of EziSports, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the PROGRAM and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain EziSports’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Platinum Sports Media Limited. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

Commissions
Payments begin immediately. As soon as someone you have referred purchases a paid EziSports Subscription you will be paid directly to your PayPal account. If for any reason EziSports refunds the person you referred then the payment made to you will be clawed back and refunded to EziSports.
Commissions can be one-time or recurring depending on the subscription purchased. You will continue to receive your commission for every payment that we receive each month for monthly subscriptions subject to terms of Termination below.

Payments
Commissions are paid by PayPal and only by PayPal. We cannot send checks, credit cards, or send cash. You are required to have a PayPal account to receive commissions. If you don’t have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.

Payment Schedule
Commissions are paid via PayPal immediately at time of the subscription being purchased and then on the recurring rebill date for the time your referral remains a paid subscriber.

Compliance with Laws
As a condition to your participation in the PROGRAM, you agree that while you are a PROGRAM participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a PROGRAM participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the PROGRAM you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Termination
EziSports, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the PROGRAM, or any other EziSports service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. EziSports reserves the right to refuse service to anyone for any reason at any time.

Additionally, EziSports in its sole discretion has the right to terminate the PROGRAM at any time. If the PROGRAM is terminated, payment of any future commissions are terminated including recurring payments for prior referral purchases.

Relationship of Parties 
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability 
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the PROGRAM, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the PROGRAM will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers 
We make no express or implied warranties or representations with respect to the PROGRAM or any products or services sold through the PROGRAM (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Product Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation 
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration 
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Curacao, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Institute of the Netherlands Antilles. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous 
This Agreement will be governed by the laws of Curacao, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of EziSports to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and EziSports and govern your use of the Service, superseding any prior agreements between you and EziSports (including, but not limited to, any prior versions of the Terms of Service).

Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the PROGRAM rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in EziSports Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

 EZISPORTS RIGHTS

EziSports and its assigned agents reserve the right to remove a post that does not relate to the topic being discussed in the forum/group. In addition, EziSports reserves the right to organize discussion forums in order to best serve the majority of our members. For example, narrow-interest or minimal activity topics may, at EziSports’s discretion, be relocated to a more appropriate discussion forum, or deleted entirely.

EziSports or its assigned agents also reserves the right to prohibit or delete discussions that are thought to violate applicable law or that may be harmful to other members, the sites that comprise EziSports, or the rights of EziSports or others. That said, EziSports does not have the practical ability to restrict conduct or communications that might violate these Terms prior to transmission on the Web, nor can we guarantee prompt removal of offending discussion forum/group posts.

We also reserve the right to remove your membership from the EziSports Forums/Groups should you violate our terms and conditions.

By using our website and/or purchasing from us, you agree that you have read and understood EziSports terms and conditions, and you agree that they form part of the contract between us. You confirm you are over the age of 18 years and that you are legally able to participate in all products and services offered by EziSports.