Terms of Use

Last Updated: May 10, 2025

AGREEMENT TO TERMS OF USE

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Three Curve Esports LTD, doing business as Clout ("Clout," "we," "us," or "our"), concerning your access to and use of the website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms, please do not use the Site.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the "Last Updated" date, and you waive any right to receive specific notice of each such change. Your continued use of the Site constitutes acceptance of any updated Terms.

The Site is not intended for distribution to or use by any person or entity in any jurisdiction where such use would be contrary to law or regulation. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. We do not knowingly collect personal information from children under 13. If we discover we have inadvertently collected such information, we will delete it promptly.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, software, website designs, audio, video, text, photographs, graphics (collectively, the "Content"), and the trademarks, service marks, and logos (the "Marks") are owned or licensed by us and are protected under U.S. and international intellectual property laws.

You are granted a limited license to access and use the Site and download or print a portion of the Content for your personal, non-commercial use only. No part of the Site, Content, or Marks may be used for commercial purposes without our express written permission.

We reserve all rights not expressly granted to you.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

All registration information is true and current.
You will maintain the accuracy of such information.
You have legal capacity and agree to comply with these Terms.
You are not a minor in your jurisdiction.
You will not use automated or non-human means to access the Site.
You will not use the Site for unlawful purposes.
Your use will comply with all applicable laws and regulations.

If we find any provided information to be false or incomplete, we reserve the right to suspend or terminate your account.

USER REGISTRATION

You may be required to register with the Site. You are responsible for maintaining the confidentiality of your account credentials. We reserve the right to remove or change a username that we deem inappropriate.

PRODUCTS & PURCHASES

All products listed are subject to availability. Prices may change at any time. We accept Visa, Mastercard, American Express, Discover, and PayPal. You agree to provide current and complete account information. All sales are final. No refunds will be issued.

XP POINTS

XP Points ("points") have no monetary value and are not redeemable for cash. Points may be redeemed for items in the Clout Marketplace, subject to availability. Clout may modify or discontinue available prizes at any time.

Points expire 6 months after being earned. If you violate these Terms or engage in prohibited activity, your points may be forfeited.

XP Points are not legal tender and do not represent digital currency.

REFUNDS POLICY

All sales made through Clout are final. We do not offer refunds for any purchases, including digital items, subscriptions, or redeemed XP rewards, unless otherwise required by law.

If you believe you have been charged in error, please contact us at support@playclout.gg within 7 days of the transaction date so we can investigate the issue.

PROHIBITED ACTIVITIES

You may not use the Site for any unlawful purpose or activity, including but not limited to:

Data scraping or unauthorized data collection.
Sending unsolicited emails or automated messages.
Interfering with Site operations.
Impersonating others or misrepresenting information.
Uploading viruses, spyware, or harmful code.
Reverse engineering the Site’s code.

Violation of these terms may result in termination of your account.

CONTRIBUTIONS

If the Site enables you to submit content, you agree that such content:

Is your own or you have rights to use it.
Does not infringe on third-party rights.
Is not unlawful, harassing, or abusive.

You retain ownership of your contributions but grant us a right to use them for platform improvement without compensation.

MOBILE APPLICATION LICENSE

We grant you a non-transferable license to install and use the mobile application. You agree not to reverse-engineer, resell, or redistribute the app in violation of our terms or third-party rules.

App Store (Apple/Google) users are third-party beneficiaries of this license.

THIRD-PARTY ACCOUNTS

You may connect your Clout account to third-party accounts. You are solely responsible for the data and permissions you provide through these connections.

SUBMISSIONS

All feedback and suggestions you provide become our sole property and may be used by Clout for any purpose without obligation or compensation.

SITE MANAGEMENT

We reserve the right to:

Monitor usage for violations.
Restrict or terminate access.
Remove large or harmful content.
Protect Site integrity.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

TERMS AND TERMINATION

These Terms of Use remain in full force and effect while you access or use the Site or Marketplace Offerings.

Account Suspension or Termination

We reserve the right, in our sole discretion and without notice or liability, to restrict or terminate your access to the Site and Marketplace Offerings (including by blocking IP addresses) for any reason, including but not limited to violations of these Terms or applicable law.

We may delete your account and any related content at any time, without warning. If your account is terminated or suspended, you are prohibited from creating a new account under your name or any other identity, even if you are acting on behalf of another person or entity.

Legal Remedies

We reserve the right to take any appropriate legal action, including pursuing civil, criminal, or injunctive relief, in response to violations of these Terms or any misuse of the Site or Marketplace Offerings.

MODIFICATIONS AND INTERRUPTIONS

We may update, suspend, or discontinue the Site or Marketplace Offerings at any time. We are not liable for any unavailability or loss caused by such changes.

GOVERNING LAW

These Terms are governed by Delaware law, without regard to conflict of law principles.

DISPUTE RESOLUTION

Informal Resolution First: Parties agree to 30-day good-faith efforts before formal proceedings.
Binding Arbitration: Disputes will be resolved by binding arbitration via AAA's Consumer Arbitration Rules in Delaware.
No Class Actions: Arbitration is individual only. No class actions or jury trials permitted.
Exceptions: Claims involving IP, fraud, piracy, or privacy violations are exempt and may be brought in Delaware state or federal court.

Opt-out of arbitration is permitted within 30 days of account registration by contacting us.

CORRECTIONS

We may correct errors or inaccuracies on the Site without prior notice.

DISCLAIMER

The Site is provided "as is." We disclaim all warranties and are not liable for damages resulting from use of the Site.

LIMITATIONS OF LIABILITY

To the extent permitted by law, Clout is not liable for indirect, incidental, or consequential damages. Total liability shall not exceed the amount you paid to us, if any.

USER DATA

You are responsible for backing up your own data. We are not liable for data loss.

ELECTRONIC COMMUNICATIONS

You consent to receive communications electronically. You agree to the use of electronic signatures and records.

MISCELLANEOUS

These Terms constitute the entire agreement between you and us. If any part is deemed unlawful, it does not affect the remainder. No joint venture or agency relationship is formed.

CONTACT US

Three Curve Esports LTD

185 Dartmouth Street, 7th Floor

Boston, MA 02482

Email: support@playclout.gg

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