Terms of Service

OVERVIEW

Cloud9.gg and store.cloud9.gg (the “Website”) is operated by Cloud9 Esports Inc. (“Cloud9”). Throughout the site, the terms “we”, “us” and “our” refer to Cloud9. Cloud9 offers the use of the Website application, including all information, tools and services available from this site to you (the “Cloud9 Services”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/or purchasing something from us and/or using the features offered in the Website, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. “Products” shall refer to the result of any design on the Cloud9 Services, or the unit of sale offered to end users through the Services.

Please read these Terms of Service carefully before accessing the Website or using the Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use the Services.

Any new features or tools which are added to the Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Your privacy rights while using the Website and/or the Services shall be governed by our Privacy Policy.

WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.

SECTION 1 – PROHIBITED CONTENT AND ACTIVITIES

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website and/or Services.

You may not use our Products or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. For example, you may not:

Impersonate any person or falsely state or otherwise misrepresent your credentials, or affiliation with any person.
Transmit any worms or viruses or any code of a destructive nature.
Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, etc.
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
Use or attempt to use another’s information, account, password, service, or system except as expressly permitted.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in the Services is at your own risk.

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices and/or policies for obtaining our Products are subject to change without notice. Provided, however, you will not be required to pay any fee to Cloud9 without being notified in advance of such charge and expressly agreeing thereto. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) or Products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We have the option, but not the obligation, to use reasonable means to verify the accuracy of information submitted by you in connection with your use of the Cloud9 Services, as determined by us in our sole discretion. In accessing the Cloud9 Services, we will never discriminate users on the basis of race, color, nationality, gender identity, sexual orientation, religious affiliation, veteran status, or other protected characteristic.

SECTION 4 -– REGISTRATION FOR CERTAIN SERVICES

You may be asked to register for certain activities in connection with the Services. When you register or provide any information in connection with the Services, you agree to provide accurate, current, and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. Cloud9 has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and/or username that you are given or select, and you are responsible for all activities that occur under your password or username.

SECTION 5 – PRODUCTS OR SERVICES

Certain Products or Services may be available exclusively through the Website and/or Services.

Products or Services that you receive through the Website and/or Services are subject to our Return Policy. Unless otherwise stated therein, Products or Services that you receive through the Website and/or Services are not subject to returns or exchanges.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on the Website is void where prohibited.

THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, BY USING THE SERVICES OR PRODUCTS YOU SPECIFICALLY ACKNOWLEDGE AND WAIVE ANY CLAIM FOR FRUSTRATION OF PURPOSE, MUTUAL MISTAKE, UNILATERAL MISTAKE IMPOSSIBILITY, AND YOU FURTHER ACKNOWLEDGE AND ACCEPT THE PRODUCT WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES EITHER EXPRESS OR IMPLIED OF ANY KIND NATURE OR TYPE WHATSOEVER.

The opportunity to purchase a Product does not constitute a binding offer by us, but is an invitation to you to submit an offer to us. You make a binding offer for the Product by entering all required information during the ordering process (“Offer”). We will send an e-mail to the e-mail address you provided to us upon registration immediately after receipt of your Offer to confirm that we have received or accepted your Offer.

Billing and Payment. The price of the Products may be listed in United States Dollars ($) (USD), or whatever other currency Cloud9 decides to use.

Sales Tax. For certain purchases made, Cloud9 may be required to collect sales tax (including any applicable VAT tax). In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. The purchaser is responsible for any applicable taxes not collected by Cloud9 and certain states require purchasers to file a sales/use tax return reporting taxable purchases for which tax was not collected by Cloud9 and to pay such tax. Other than sales or VAT taxes on the real money purchase of Products, all applicable taxes on any Products purchasable through the Store are your sole and absolute responsibility, and in no event will Cloud9 be liable for said taxes. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected by Cloud9 in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.

Section 6 – SMS/MMS Mobile Messaging Marketing

Upon registration on our Website, you may be asked to submit a telephone number and invited to expressly opt-in to our SMS/text marking message program (the “Program”). By submitting a telephone number and opting-in to such messages, you expressly agree to receive SMS marketing messages from Cloud9 until you revoke your consent. Furthermore, you expressly agree that the Program is governed by the terms and conditions located in Section 6 of these Terms of Service. This Section 6 is limited to the Program, and is not intended to modify the rest of the Terms of Service or the Privacy Policy.

To participate in the Program, you will be required to affirmatively opt-in to the Program. Furthermore, by participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. Messaging and data rates may apply.

Without limiting the scope of the Program, users that opt-in to the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Products, check out reminders, and other Services provided by Cloud9. By opting into the Program, you agree to receive text messages periodically at our discretion. Messages you may receive as a result of the Program will vary in frequency. and mobile messages may be sent periodically based on your interaction with us and the Website.

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service to be eligible to participate in the Program. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.

Opt-out. In the event you wish to opt-out of the Program and stop receiving SMS/MMS marketing messages from Cloud9, you can reply to any such SMS marketing messages with “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to any mobile message from us. You may receive an additional mobile message confirming your decision to opt-out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Cloud9 and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting-out is not a reasonable means of opting-out.

Florida Law. We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. If you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but are not limited to response to opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

If you have any questions regarding the Program, you can email support@cloud9.com.

SECTION 7 – SWEEPSTAKES

Sweepstakes, contests, games and other promotions may be run as part of the Services by us, and may require you to provide some information such as full name, zip code, e-mail address, and phone number in order to participate. We may use a reputable third-party, selected by, but not affiliated with us, to manage and administer some or all of its sweepstakes, contests, games and other promotions. This third-party may have access to some or all of the information that you provided in order to participate in the sweepstakes, contests, games or other promotion. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. Proof of age is required in order for an individual to collect any prizes awarded.

SECTION 8 – INTELLECTUAL PROPERTY

Certain areas of the Services (including, without limitation Club9 (defined below)) may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide (“Provide”) information to us. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Services, including without limitation information, photographs, designs, or other materials (“User Content”). You agree not to Provide User Content that:

Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;
Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
Violates a person’s right to privacy or publicity;
Contains advertising or a solicitation of any kind;
Exploits, harms, personally attacks (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonates any person or entity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;
Transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters,” or solicitation of any kind;
Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Services;
Contains epithets or other language or material intended to intimidate or to incite violence; or
Violates any applicable local, state, national, or international law, or advocates illegal activity.

We also, to the extent permitted or required by law, have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, state, national, or international law.

The Services may also offer opportunities for you to transmit User Content via third party social networking websites and products (“Third Party Social Networking Features”). Any use of Third Party Social Networking Features is subject to the then current terms of use of the applicable third party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

If the Services permit you to provide us User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content to the extent permitted by applicable law. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

By providing your User Content to us, you agree to these Terms, and are aware that your User Content may be accessed by others and may be published publicly by us. If you do not want to grant us permission to use your User Content in accordance with these Terms, please do not provide it to us on our Services.

The obligations that you have to us under these Terms shall survive termination of the Services, any use by you of the Services, any User Content on the Services, or these Terms. You shall not continue to post any User Content that we have previously advised you not to post.

You acknowledge that by submitting your User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and us or between you and any of our third-party providers other than as expressly set forth in these Terms. You acknowledge that we are not responsible for, and cannot and do not guarantee, the accuracy, completeness, or reliability of information in any User Content. You are solely responsible for your interactions with other users of the Services. You may use various features (e.g., the “Flag” within comments sections) to report violators within the User Content. We reserve the right, but have no obligation, to monitor disputes between you and other users.

If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to our Services may be “framed” to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Content standards described in these Terms.

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input, including, without limitation, within Club9 and Jack’s Office Program.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. We expressly disclaim responsibility for how these third-party entities handle your data, including any information or content that you elect to transmit through such third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products and services available via our Service (including, without limitation, Club9 and Jack’s Office Program) may include materials from third-parties.

Third-party links on the Website may direct you to third-party websites that are not affiliated with us, including, without limitation, certain social media or content distribution platforms. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You engage with and/or use third-party materials or websites at your own risk.

You may choose not to engage with third-party websites. Please note, this may limit your ability to fully utilize the services, including, without limitation, Club9 and Jack’s Office Program.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, feedback, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 12 – CLUB9

This section provides important disclosures and terms relating to the Club9 fan loyalty program (“Club9”). By creating an account and using Club9 you agree to the terms and conditions set forth herein.

(a) Account Registration

To use Club9, you are required to establish an account. To complete this account registration process, you must submit certain information, including your email address. Additionally, you are obligated to read and accept these Terms, the Agreement into which these Terms are incorporated, the associated Privacy Policy, and the terms and conditions and privacy and other policies of any third-party integrations utilized in connection with Club9, and any other rules or policies that may be applicable.

If you are under the age of 13, you may not join Club9 or otherwise create an account on the Website. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable supplemental or third-party terms, you may create an account on Club9 but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her use of the Services (including, without limitation, Club9) and any legal liability that he or she may incur. You are not permitted to access Club9 if it is not permitted by law in your local jurisdiction.

You agree to (i) create only one account; (ii) provide accurate, truthful, current and complete information when creating your account; (iii) maintain and promptly update your account information; (iv) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (v) promptly notify Company if you discover or otherwise suspect any security breaches relating to Club9; and (vi) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. By accessing or using your account, you consent to all actions that we take with respect to your information consistent with our Privacy Policy.

The Company reserves the right to suspend or terminate any user’s Club9 account at any time, provided that we will never discriminate users on the basis of race, color, nationality, gender identity, sexual orientation, religious affiliation, veteran status, or other protected characteristic.

(b) User Verification

To comply with legal and security regulations, and to affirm your identity, residency, and eligibility, we may, in our sole discretion, necessitate you to furnish supplementary documents and information. Failure to comply may result in restricted access or termination of your Club9 account.

Upon successful completion of your Club9 account registration and the subsequent verification process, a blockchain-base Inventory Wallet (“Inventory”) will be created and custodied by us in order to enable your use of Club9.

(d) Inventory Features

Your Inventory will serve as the digital ledger recording your interaction with Club9. Specifically, it will reflect: (i) the total number and balance of Club9 Experience Points (“C9XP”) earned and redeemed; (ii) your current rank, which will be reflected in your Club9 account with a crest (the “Crest”); and (iii) any other form of digital rewards or privileges that may be obtained by you through Club9.

(e) Inventory Security

The security of your Inventory is of utmost importance. While we undertake reasonable measures to protect it in connection of our maintenance of custody of your Inventory, you are responsible for maintaining the confidentiality of your login credentials. We shall not be liable for unauthorized access to your Inventory.

(f) Modification or Termination of Inventory Wallet Service and Club9

We reserve the right, in our sole discretion, to modify the features, functionality and availability of the Inventory and Club9, or discontinue the Inventory and/or Club9 service at any time. You do not own anything featured on your Club9 account or your Inventory (including, without limitation, your C9XP). You expressly acknowledge and agree that Cloud9 can remove or modify anything contained in your Inventory or on your Club9 account, or other otherwise terminate Club9, your Club9 account, or your Inventory, in our sole and absolute discretion, with no liability to you.

(g) Earning C9XPby Completing Quests

Within Club9, you may earn C9XP by completing specific tasks or activities, hereinafter referred to as “Quests.” These Quests are categorized based on time sensitivity and levels of complexity, and shall be accessible through your account.

(h) Eligibility and Precondition Requirements

You must meet all eligibility and precondition requirements specified for each Quest. Failure to meet these conditions may result in denial of acquisition or forfeiture of C9XP and any associated rewards or benefits.

(i) Modification and Adjustment Rights

We reserve the right, at our sole discretion, to modify, add, or remove Quests, or to adjust the amount of C9XP awarded for each Quest, without prior notice. Such modifications may be reflected immediately in your user interface or communicated through in-platform notifications or updates.

We may suspend or terminate any Quest at any time for any reason, including but not limited to violation of these Terms, applicable laws, or other misconduct. In such cases, any accrued C9XP or rewards related to the terminated Quest may be nullified.

Under no circumstances shall we be liable for any changes, suspensions, or terminations relating to Quests, nor for any inability to redeem C9XP earned through Quests for rewards or other benefits.

(j) Redeeming C9XP for Rewards

You may redeem C9XP for various digital and non-digital rewards (“Rewards”), subject to availability, through Club9. Each Reward will have an associated C9XP cost, which will be clearly identified within Club9. We reserve the right to modify the C9XP pricing structure for Rewards at any time without prior notice, discontinue or modify the range, type, and availability of Rewards as well as remove or replace any Rewards at any time.

Unredeemed C9XP associated with your Inventory expires if you do not earn or redeem any C9XP in your Rewards Account for 18 consecutive months.

Cloud9 expressly disclaims any warranties (either express or implied) associated with the Rewards. Rewards are provided on an “as-is” basis, and you utilize Rewards at your own risk.

Any digital rewards are subject to the terms set forth below.

(k) Redemption Process and Procedures

To redeem C9XP for Rewards, you must: Navigate to the Rewards Store via Club9; Select the desired Reward; Confirm the redemption, at which point the equivalent C9XP will be deducted from your Inventory; and Comply with any additional verification or delivery procedures as may be required for specific Rewards. For the avoidance of doubt, C9XP has no actual value, and can only be used by your in accordance with the terms set forth in Club9.

(l) Non-Returnable and Non-Exchangeable Nature of Rewards

Except where mandated by applicable law, Rewards redeemed through C9XP are non-returnable and non-exchangeable. Users are encouraged to review the specifications of each Reward carefully before redeeming C9XP.

(m) Digital Rewards

When you create an account on Club9, you are given a license for blockchain-based records of digital rewards (including, without limitation, C9XP and Rewards, as applicable) (“DRs”) received through your account. Any language suggesting ownership—that you own, hold, have title to, or have exclusive control or dominion over—should be expressly understood as referring to this license, not a true ownership stake in the DRs. DRs are and remain at all times our property, and do not constitute your personal property; DRs have no cash value, and you may not obtain any cash or money in exchange for DRs. DRs may be awarded to you on a promotional basis due to your own actions. You cannot purchase DRs.

All intellectual property rights associated with DRs are our exclusive property. Your acceptance of these Terms constitutes your acknowledgment that you neither own nor have any claim to the intellectual property rights in these DRs.

Transferring, reselling, assigning, distributing, gifting, fractionalizing or dispersing DRs in any manner, whether inside or outside of our Website, is strictly prohibited under these Terms.

We disclaim any liability related to third-party services (or any other form of circumvention) that facilitate the unauthorized sale, transfer, or use of DRs. Employing such services for these purposes constitutes a breach of these Terms.

DRs are not redeemable for fiat currency, cryptocurrency, or any form of monetary or stored value from either us or any third-party entity. They are not equivalent to fiat currency and do not serve as a substitute for fiat currency.

We reserve the unilateral right to modify, suspend, or eliminate DRs, and to set limitations on the acquisition and use of DRs, at our sole discretion, without incurring any liability towards you.

Except where legally prohibited, we reserve and maintain all rights, both property and intellectual property, in the DRs. Your license to use DRs terminates concurrently with the termination of these Terms or as otherwise explicitly outlined herein.

By logging into and authorizing your Club9 account, you confirm that you are the authorized user of said Club9 account and you authorize us to enact transactions involving DRs on your behalf.

We disclaim liability for any losses or damages incurred due to your failure to maintain the security of your Club9 account. The responsibility for securing your Club9 account and password is solely yours.

(n) Acceptance of Terms and Tax Liabilities

By proceeding with the redemption of C9XP for Rewards, you affirm your understanding and acceptance of the above terms and conditions, as they may be amended from time to time. You are solely responsible for any taxes or fees that may be incurred as a result of redeeming C9XP for Rewards. Failure to adhere to these terms may result in forfeiture of C9XP and/or termination of your Club9 account.

SECTION 13 – JACK’S OFFICE PROGRAM

Jack’s Office is the highest rank of Club9 members who have special authority to shape Cloud9 (“Jack’s Office Program”). By participating in Club9 and/or Jack’s Office Program, you agree to the terms and conditions set forth herein. The Company reserves the right to suspend or terminate your access to Jack’s Office Program at any time, provided that we will never discriminate users on the basis of race, color, nationality, gender identity, sexual orientation, religious affiliation, veteran status, or other protected characteristic.

(a) Eligibility for Jack’s Office Program

Participants actively engaged with Club9 are entitled to apply for a Jack’s Office Program. This is a voluntary action, intended for those who seek an elevated standing within the Cloud9’s fan community. The Company reserves the right to change the eligibility requirements of Jack’s Office Program at any time.

No purchase is necessary to apply for Jack’s Office Program. You must have a Club9 account to apply for Jack’s Office Program.

If you are under the age of 13, you may not apply to join or otherwise participate in Jack’s Office Program. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable supplemental or third-party terms, you may join Jack’s Office Program (and apply for the same) but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her use of the Services (including, without limitation, Jack’s Office Program) and any legal liability that he or she may incur. You are not permitted to join Jack’s Office Program if it is not permitted by law in your local jurisdiction.

A “Vibe Check Form” (found in Club9) must be duly completed and submitted by you to the Company to apply to join Jack’s Office Program. The form is designed to obtain information on various dimensions of your fandom, including but not limited to, your level of engagement with the team, contributions to its fan community, and other pertinent activities or endeavors. The Company will accept or deny applications to Jack’s Office Program in its sole and absolute discretion, provided that it will never discriminate users on the basis of race, color, nationality, gender identity, sexual orientation, religious affiliation, veteran status, or other protected characteristic.

(b) Review and Assessment

Upon receipt, your Vibe Check Form will be subjected to a rigorous review process. Our review panel will assess the merits of your application based on criteria such as duration of fandom, frequency of participation in Quests, and the volume and quality of engagement within the community. Nothing herein shall be interpreted as guaranteeing your acceptance into Jack’s Office Program, and Cloud9 shall approve or deny your Vibe Check Form in our sole and absolute discretion, subject to applicable law.

If your Vibe Check Form is approved, you will receive a confirmation notification in your Club9 account. Should the application be declined, you are encouraged to reapply after a specified period or after meeting certain conditions.

Jack’s Office Program confers upon you voting rights with regard to certain Cloud9 actions. Such votes may include, but are not limited to, voting on Club9 rewards, Cloud9 merchandise designs, and other related Cloud9 activities (“Votes”).

As a member of Jack’s Office Program, you may further be permitted to submit ideas and/or proposals for certain activities, content, or actions Cloud9 should take. Such ideas and proposals will be considered User Content, in accordance with Section 8 of this Agreement.

(d) Revocation of Jack’s Office Program Membership

We reserve the right, in our sole discretion, to revoke your membership to Jack’s Office Program, in our sole and absolute discretion.

(e) Voting Rights

Any Cloud9 action being voted upon are presented for a vote among all Jack’s Office Program Members. Nothing herein binds Cloud9 to follow any Votes submitted by you or other Jack’s Office Program Members. Votes are simply intended to allow you to provide input to Cloud9 regarding its activities. We reserve the right, in our sole discretion, to modify or reject any proposal Voted on through Jack’s Office Program at any time without liability or prior notice, for any reason.

Members may not submit any Votes by proxy. Voting may not be delegated.

(f) Amendments to Jack’s Office Program

We reserve the right to modify the governance procedures and associated regulations, including quorum thresholds, voting mechanics and proposal guidelines, at our discretion. Users are responsible for reviewing these Terms of Services to see any changes made herein.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website, its content, or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit fraudulent, false or misleading information, including information related to your location; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any Website for violating any of the prohibited uses.

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL CLOUD9, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cloud9 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach or alleged breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease all use of the Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION / DMCA NOTIFICATION

Questions about the Terms of Service should be sent to us at: support@cloud9.gg

Cloud9’s designated agent for notice of claims of copyright can be contacted at:

2720 Neilson Way #5697
Santa Monica, CA 90409
+1 424 256 8391
Email: c9@esglaw.com

Last Updated: December 2024