Terms of Service

OverTrack Terms of Service

1. Terms of Service

These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy (“Privacy Policy”), are a legal agreement between Overtrack/OverTrack’s creators (“OverTrack”, “us” or “we”) and you (“you”). By using or accessing the Service, or any other websites, APIs, applications, or services offered by OverTrack, which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

OverTrack reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms set forth herein. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service.

2. Access to Service

The Service provides online and desktop platforms designed to facilitate the online gaming community and eSports ecosystem. The Service may allow you to generate, create, or upload your own original content as well as content and data produced by playing and interacting with the games we support on our platform. Subject to your compliance with these Terms, OverTrack grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.

You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms, (ii) access any and all non API based services in a manner that sends more request messages to the Service’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, 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 OverTrack or its licensors, except for the permissions and rights expressly granted in these Terms.

OverTrack reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. OverTrack will make all reasonable efforts to keep the Service online and available, however it makes no guarantees of uptime or reliability. OverTrack reserves the right to refuse any user access to the Services without notice for any reason or no reason, including, but not limited to, a violation of the Terms.

If you violate these Terms, OverTrack reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that OverTrack need not provide you notice before terminating or suspending your account(s), but OverTrack may do so in its sole discretion.

3. Your Account

Use of some of our Services requires an account. You agree that any and all personal information you provide to us is complete and accurate, both at the time of registration and during continued use of our Services. You will be solely responsible and liable for any activity that occurs on your account and/or under your username. You are responsible for keeping your account secure; including, but not limited to, your password should you choose to set one, and any of the third-party account logins, such as Battle.net, Google, Twitter, Twitch, Riot Games or others, you may use to log in to our Services. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account, by emailing us at support@overtrack.gg. OverTrack will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4. Responsibility of Users

If you upload, submit, or make available (e.g. through the OverTrack desktop client) any data or information made available by a game client or game API, for example but not limited to, logs, match history and data, profile data, and/or any data point that you may encounter within the game client (“Gameplay Related Data”) and/or user generated content (“Content”) such as a forum comment, article, image, video stream, link, or guide, or otherwise make (or allow any third party or third party application to make) material available to the Service, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form or media the Content takes, which includes, but is not limited to text, photo, video, audio, structured and unstructured data formats, or code. By using the Service, you represent and warrant that your Content and conduct do not violate these terms.

Without limiting any of those representations or warranties, OverTrack has the right (though not the obligation) to, in OverTrack’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) remove or permanently delete any or all of your Gameplay Related Data and/or Content with or without notice for any reason or no reason, (iii) refuse or remove any Content that, in OverTrack’s sole discretion, violates any OverTrack policy or is in any way harmful or objectionable, or (iv) terminate or deny access to the Service to any individual or entity for any reason or no reason. OverTrack will have no obligation to provide a refund of any amounts previously paid.

5. Payment, Renewal and Referral Program

We will not charge you a fee to use the basic functionality of the Service. However, you may have to pay a fee to use certain features of the Service (“Subscription Services”, “Premium Services”). By electing to purchase a Subscription you agree to pay OverTrack the monthly, semi-annual, or recurring fee indicated for that Service. Payments will be charged on a pre-pay basis on the day you sign up for the Premium Service and will cover the use of that Service for the indicated period. The price for utilizing these Services will be displayed within the Service.

Unless you notify OverTrack before the end of the applicable subscription period that you want to cancel a Premium Service, your Premium Service subscription will automatically renew and you authorize us to collect the then-applicable subscription fee for that Premium Service. Premium Services can be canceled at any time in the Subscription section of your account settings, with the cancellation taking effect at the commencement of the next subscription period.

6. Responsibility of Visitors

OverTrack has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, OverTrack does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OverTrack disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. OverTrack does not have any control over those non-Service websites, and is not responsible for their contents or their use. By linking to a non-Service website, OverTrack does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OverTrack disclaims any responsibility for any harm resulting from your use of non-Service websites and webpages.

8. Intellectual Property

This agreement does not transfer from OverTrack to you any OverTrack or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with OverTrack.

You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Premium Service provided by OverTrack, or any derivative works thereof and you agree not to challenge the validity of any of OverTrack’s intellectual property or OverTrack’s ownership thereof. All rights not expressly granted by these Terms are reserved by OverTrack and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

You further agree that by submitting Gameplay Related Data and/or Content to the Service, by any method, you hereby grant OverTrack a world-wide, royalty-free, perpetual and non-exclusive license to reproduce, analyze, modify, adapt, publish, redistribute and sell the Gameplay Related Data and/or Content, both individual and aggregated from the global player base. This license includes any data, information or creative works which result from and/or are derivative of the Gameplay Related Data and/or Content. Subject to the terms of our Privacy Policy, this license also allows OverTrack to publish the Gameplay Related Data on the website or on third party websites, use the Gameplay Related Data for promotional purposes, gather and publish analytics based on data gathered in the Gameplay Related Data, and provide Premium Services, or any of the other services or products that we offer across any of our Sites or Services. OverTrack commits itself to be transparent about such uses of data, as they are described in our Privacy Policy.

9. Digital Millennium Copyright Act

If you believe that material available on our Site, including any Content hosted on any of our Sites, infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email.

Please follow these steps to file a notice:

  1. Verify that the allegedly infringing material or Content is hosted by OverTrack. We have no control over third-party websites and/or to material or Content that is not hosted on our servers.
  2. Attempt to contact the alleged infringer directly to see if the matter can be resolved directly between you and the user.
  3. Send your complaint to support@overtrack.gg if the issue cannot be resolved directly with the user. You must include the following:

10. Termination

OverTrack may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. You may, as the result of termination, lose your account, Content, Gameplay Related Data, credits accrued under the Referral Program, and all information and data associated therewith, as applicable and OverTrack is under no obligation to compensate you for any such loss. If you wish to terminate this agreement or any accounts on the Service you may have, you may simply discontinue using our Services. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty, disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS”. OVERTRACK AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER OVERTRACK NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK.

12. Limitation of Liability

IN NO EVENT WILL OVERTRACK, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO OVERTRACK UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. OVERTRACKSHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the OverTrack Privacy Policy, with the Terms set forth in this agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification

You agree to indemnify and hold harmless OverTrack, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of our Services, including but not limited to your violation of the Terms of this agreement.

15. Terms of Service License

These Terms of Service were adapted from the Automattic Terms of Service, which are made available under a CC-BY-SA 4.0 license.