Acorn International, LLC doing business as AcornEsports or AcorneSports (“AcorneSports”) provide website features and other products that you can purchase, forums that you can join, blogs that you can read, and other services (collectively “AcorneSports Services”). AcorneSports provides the AcorneSports Services subject to the following conditions.
By using AcorneSports Services, you agree to these conditions.
Please read them carefully.
Please review our Privacy Notice, which also governs your use of AcorneSports Services, to understand our practices.
When you use AcorneSports Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other AcorneSports Services. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through AcorneSports such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AcorneSports or its content suppliers and protected by Colorado, United States, and international copyright laws. The compilation of all content included in or made available through any AcorneSports Services is the exclusive property of AcorneSports and protected by Colorado, United States, and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through AcorneSports Services are trademarks or trade dress of AcorneSports. AcorneSports’s trademarks and trade dress may not be used in connection with any product or service that is not AcorneSports, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AcorneSports. All other trademarks not owned by AcorneSports that appear in any AcorneSports Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AcorneSports.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, AcorneSports or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the AcorneSports Services. This license does not include any resale or commercial use of AcorneSports Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of AcorneSports Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any service terms are reserved and retained by AcorneSports or its licencors, suppliers, publishers, rights-holders, or other content providers. No AcorneSports Services, nor any part of AcorneSports Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AcorneSports. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AcorneSports without express written consent. You may not use any meta tags or any other hidden text utilizing AcorneSports’s name or trademarks without the express written consent of AcorneSports. You may not misuse the AcorneSports Services. You may use the AcorneSports Services only as permitted by law. The licenses granted by AcorneSports terminate if you do not comply with these Conditions of Use or any other service terms.
If you use AcorneSports Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AcorneSports does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the AcorneSports Services only with involvement of a parent or guardian. AcorneSports reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. AcorneSports reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant AcorneSports a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AcorneSports and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AcorneSports for all claims resulting from content you supply. AcorneSports has the right but not the obligation to monitor and edit or remove any activity or content. AcorneSports takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from AcorneSports are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
AcorneSports does not take title to returned items until the item arrives at our location. At our discretion, a refund may be issued without requiring a return. In this situation, AcorneSports does not take title to the refunded item.
AcorneSports attempts to be as accurate as possible. However, AcorneSports does not warrant that product descriptions or other content of AcorneSports Services is accurate, complete, reliable, current, or error-free. If a product offered by AcorneSports itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on AcorneSports and other retailers. With respect to items sold by AcorneSports, we do our best to bring you great products at great prices. We do not price match or provide any guarantee that we have the lowest price available. We will not provide you a refund if the product you purchased becomes less expensive.
Parties other than AcorneSports provide services or sell product lines through the AcorneSports Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. AcorneSports does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ACORNESPORTS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ACORNESPORTS SERVICES ARE PROVIDED BY ACORNESPORTS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACORNESPORTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ACORNESPORTS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ACORNESPORTS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ACORNESPORTS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACORNESPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACORNESPORTS DOES NOT WARRANT THAT THE ACORNESPORTS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ACORNESPORTS SERVICES, ACORNESPORTS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ACORNESPORTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACORNESPORTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ACORNESPORTS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ACORNESPORTS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of AcorneSports Services, or to any products or services sold or distributed by AcorneSports will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AcorneSports.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of AcorneSports Services. We reserve the right to make changes to our site, policies, service terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.