Terms and Conditions of Use
Last Updated: September 1, 2021
Welcome to OUTLAST Daily Fantasy Sports!
IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING HTTPS://WWW.OUTLASTDFS.COM/ (THE “WEBSITE”), AS THEY MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY. PLEASE PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT CHECK THE TERMS AND CONDITIONS ACCEPTANCE BOX DURING REGISTRATION AND DO NOT REGISTER AN ACCOUNT WITH THE COMPANY. DECLINING TO ACCEPT THESE TERMS MEANS YOU WILL BE UNABLE TO PARTICIPATE IN CONTESTS OR USE YOUR ACCOUNT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY OF OUR CONTENT, AND YOU MAY NOT PARTICIPATE IN ANY CONTEST OR OPEN OR MAINTAIN AN ACCOUNT.
BY USING, REGISTERING, AND/OR OTHERWISE ACCESSING ANY SERVICES OR OFFERING OF THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ABIDE BY THE FOLLOWING TERMS. IF AT ANY TIME YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY REFRAIN FROM USING AND/OR OTHERWISE ACCESSING THE SERVICES AND CONTENT OF THE COMPANY.
THE COMPANY MAY ISSUE ADDITIONAL TERMS, RULES AND CONDITIONS OF PARTICIPATION IN PARTICULAR CONTESTS. YOU AGREE TO BE SUBJECT TO THEM IF YOU PARTICIPATE IN SUCH CONTESTS.
IF YOU HAVE ANY QUESTIONS ABOUT THE MEANING OF ANY OF THESE TERMS, PLEASE EMAIL THOSE QUESTIONS TO [email protected] OR MAIL THEM TO: 1247 Nexton Parkway, Summerville, SC 29483.
PLEASE REVIEW CAREFULLY – THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH IN SECTION 14 BELOW.
LET IT RIDE SPORTS, LLC (“OUTLAST,” “the Company,” “we,” or “us,” or “our”) hopes you will enjoy being a part of our community and enjoy our online contests (“Contests”) and using other applications, tools and services that we may provide from time to time (together with Contests, the “Services”).
1. GENERAL TERMS
1.1. Changes to the Terms. We reserve the right to change the Terms at any time. We may post a notice on our Website of any material changes to document when these Terms were last revised by referring to the “Updated” legend above. Your continued participation in Contests and/or use of Software or Services or use of the Website means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please review these Terms from time to time. Each time you use the Website, the Services, or any Content, register an Account or download Software, or participate in a Contest or open or maintain an Account, you confirm that you accept these Terms, as revised from time to time, and that you agree to comply with them always.
1.2.1. United States (U.S.). To be eligible to register and maintain an Account, participate in any Contest or receive Services and/or to download Software, you must:
(i) be a natural person who is at least 18 years of age or older, or the age of majority in the state in which you live (as legislatively mandated for purposes of entering a Contest) and who is personally assigned to the email address submitted during the Account registration process;
(ii) have the power to enter into a contract/these Terms with the Company;
(iii) be physically located within the U.S. when accessing your Account and participating in Contests;
(iv) be physically located within a U.S. jurisdiction (state) in which participation in the Contest you select is permitted and unrestricted by that state’s laws; and
(v) at all times abide by these Terms.
If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice. You further hereby represent and warrant that you are (i) fully able and competent to enter into the Terms, obligations, representations and warranties set forth in these Terms and to abide by and comply with these Terms; (ii) not listed on any U.S. Government list of prohibited or restricted parties; (iii) not a resident of any of the following states: (a) Arkansas, Kansas, Maryland, and Massachusetts, or,(b) Arizona, Alabama, Colorado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Missouri, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, Vermont, and Washington (“Prohibited Jurisdictions”); (iv) not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
If you do not meet the eligibility requirements of this section, and cannot make these representations and warranties, then you are not authorized to use the Website, the Services, or any Content, participate in any Contest, register or maintain an Account or download Software. The Company may require you to provide proof that you are eligible to participate in Contests prior to receiving any Winnings.
1.2.2. Non-U.S. To be eligible to register and maintain an Account, to participate in any Contest or receive Services, and/or to download Software, you must:
(i) be a natural person who is at least 18 years of age or older, or the age of majority in the jurisdiction in which you live and who is personally assigned to the email address submitted during the Account registration process;
(ii) have the power to enter into a contract/these terms with the Company;
(iii) be physically located in a jurisdiction in which participation in the Contest you select is permitted and unrestricted by that state or country’s laws; and
(iv) at all times abide by these Terms.
If any one of these requirements in Section 1.2 is not met at any time, we may suspend or close your Account with or without notice.
1.3. Registration. You will be asked to supply a valid email address that you personally manage and to create a password when you create an Account. Upon registering, you will be given a username by the Services that may be changed and personalized by you at any time via the Website or applications. You may not use a username that promotes a commercial venture, violates or infringes upon another’s intellectual property rights or a username that the Company in its sole discretion deems offensive, unlawful or inappropriate. Both the username and password are needed to participate in the Services. As a registered user, you can update your account settings, including your email address by logging into your Account either via the Website (if available), the Company’s app, or within a game that has integrated the Services. If you forget either your username or password, you can visit the Website (if available) or our app to reset the password or email our support for help retrieving or resetting login credentials. Make sure to keep your username and password private – you are responsible for all activity taken through your Account whether by you or third parties. In the event of a dispute regarding the identity of the person participating in a Contest, the entry will be deemed submitted by the person in whose username the entry of the Contest was submitted, or if possession of the username itself is contested and in the Company’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. The Company reserves the right not to award Winnings (as defined below) to an individual it believes in its sole discretion was not a winner of a Contest. Although we may offer a feature that allows the Services to “remember” your Account log-in credentials for auto log-in, this feature may allow for third parties to access your Account; please use that feature carefully. Utilize this feature and use of the Services at your own risk. We may, in our sole discretion, reject, change, suspend and/or terminate your Account or details therein at any time. You acknowledge and agree that the Company is authorized to act on instructions received through the use of your username and password, and that the Company may, but is not obligated to, deny access or block any transaction made through use of your username and password without prior notice if we believe your username and password are being used by someone other than you, or for any other reason.
The Company may require you to change your username or may unilaterally change your username.
1.4. Your Account. You, as the holder, manager and owner of your Account, are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to:
(i) access and/or use your Account;
(ii) access and/or use Services or Software through your Account; or
(iii) accept or use winnings, prizes, awards and other representative of value (including without limitation any bonuses or digital goods/rewards) (collectively “Winnings”). Your Account, Winnings, and/or any Digital Items (defined in Section 10.3) are not transferable to any other person or account. You are required to contact us immediately if any unauthorized use of your Account, information, identification or any other breach or threatened breach of our security or the security of your Account. If the Company determines that you have violated this Section 1.4, in addition to any other rights we have, we reserve the right to suspend or terminate your Account and terminate, withhold or revoke the awarding of any Winnings.
1.5. Personal Location Data: As a part of our Services, we are required to collect location data from your device to ensure you are located in an Allowed Jurisdiction.
1.6. Use of Collected Information: By creating an Account and providing your email address, you agree to allow the Company to provide relevant news, updates, announcements, relevant promotions, and other related communications from time to time. Users have the option to opt-out of these communications at any time by following the unsubscribe instructions or link. Following such an opt-out, we may still communicate with you via email to the extent permitted by Applicable laws, such as to communicate with you concerning administrative or operational issues relating to your Account.
2. SERVICES AND SOFTWARE
2.1. Our Services. We may, with or without notice to you:
(i) modify, suspend or terminate your access to the Website, App, Contests, Services, Software, and/or your Account; and
(ii) Interrupt operations and use of the Website, App, Contests, Services and/or Software as we deem necessary to perform maintenance, fix bugs, or incorporate other work. We may suspend, hold and/or close the Account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, or Applicable Laws at any time without notice. Without limiting our other rights or remedies, we may determine that your Winnings, if any, will be forfeited, disgorged or recouped by us should you violate any of these Terms. We also reserve the right to cancel Contests, in our discretion, such as when we believe you or another participant has violated these Terms or Applicable Law.
2.2. Software. You may be required to first download certain proprietary Company software and/or mobile applications (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively “Software”) in order to participate in Contests or receive Services. If you do not download the Software, you may not be able to participate in Contests or receive relevant Services. You may download the Software directly from us from time to time, and other times you may download Software from a third party, such as a game publishing platform or developer. Regardless, use of the Software is subject to these Terms in all cases. We license the Software to you under Section 10.2.
2.3. Remote Access and Updates. At our discretion, we may choose to offer technical support for Software and Services from time to time.
2.4. Beta Releases. For any Service that we identify or label as a “beta” version (“Beta Service”), you acknowledge and agree that a Beta Service may contain fewer, or in some cases more, features than the final release of the Service. We reserve the right, in our sole discretion, to ultimately not release a final version of a Beta Service or to alter any of its features, functions, specifications, capabilities, licensing terms, release dates, general availability, offerings or other facets. You acknowledge that Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
2.5. Third Party Sites. You may be able to access third-party websites or services via the Software, Services or Website. We are not responsible for third-party websites, content, or services available through those third-party websites, software or services. You are solely responsible for your dealings with third-parties (including game developers, publishers, and advertisers). Your use of third-party software, websites or services may be subject to that third-party’s terms and conditions. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. You should check these policies before you submit any personal data to these websites.
3. COMPLIANCE WITH LAWS
3.1. Prohibited US States. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, games of skill and tournaments with entry fees and/or prizes govern your participation in Contests (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, territory, or jurisdiction. As a result, we do not offer any Cash Contests (as defined in Section 8.3) to users participating from any state in which we believe such Contest violates its Gaming Laws (i.e. the Prohibited Jurisdictions as defined earlier). If you are located in any Prohibited Jurisdiction, you may not participate in Cash Contests provided by Services. Some of the states are deemed as Prohibited Jurisdictions because they have particular laws or regulations that restrict the pooling of money and/or payment of consideration to participate, even in games of skill, and therefore the Company is not currently operating there, out of an abundance of caution, without first seeking guidance from state authorities.
3.2. Allowed US States. The Company’s games of skill would not be classified as impermissible gambling or pooling in most states because it is a game of skill. As such, the element of chance has been removed from the equation. Thus, based on current law we believe that the Company may offer its product in the Allowed Jurisdictions. As of the “Updated” date above, we may offer Services in the following U.S. states (“Allowed Jurisdiction”): Alaska, California, Florida, Georgia, Illinois, Kentucky, Michigan (a tax form filing is required), Minnesota, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming. The Allowed Jurisdictions listed permit such Contests; however, this does not mean the Company will offer its Services in all of the Allowed Jurisdictions. We reserve the right to update these lists at any time. Yet, it is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is an Allowed Jurisdiction or Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction or any jurisdiction in general. Each time you log-in and participate in a Cash Contest, you must accurately and honestly confirm the location from which you are playing.
3.3. Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Contests may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Participate in Contests at your own risk. You agree to indemnify and hold us harmless if Applicable Laws restrict or prohibit your access or participation.
3.4. Legal Disclaimers. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY CONTEST OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES. CERTAIN JURISDICTIONS MAY BELIEVE THAT THE SERVICES ARE SIMILAR TO REAL MONEY SPORTS GAMES AND CONSTITUTE ILLEGAL GAMBLING. WE DISAGREE FOR A VARIETY OF REASONS AND HAVE LEGAL SUPPORT REGARDING THE LEGALITY OF OUR SERVICES. ADDITIONALLY, THE OUTCOMES OF OUR CONTESTS ARE ENTIRELY RELIANT ON THE SKILL OF THE PARTICIPANTS. HOWEVER, THERE IS A CHANCE THAT A JURISDICTION MAY TAKE A DIFFERENT POSITION.
4. YOUR REPRESENTATIONS AND WARRANTIES TO US
You represent and warrant to us that:
(i) you have the right, authority, ability and capacity to agree to these Terms, to register for an Account, and to participate in Contests for which you enter/register;
(ii) you will comply with these Terms when participating in Contests, receiving Services, and/or using Software; and
(iii) all information you supply to us is accurate, complete and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate suspension and/or termination of your Account and forfeiture of Winnings, if any.
5. YOUR INDEMNIFICATION OF US
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of these Terms; (ii) any use of your Account by any person; (iii) your violation of Applicable Laws; and/or (iv) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
6.4. Warning. Please be discrete and mindful when sending us sensitive information as third parties may unlawfully intercept or access transmissions or private communications between you and us. You acknowledge that internet transmissions are never completely secure or private. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data; any transmission is at your own risk. Once we have received your information, we will use commercially reasonable technical, physical, administrative and managerial procedures, security measures and safeguards to try to prevent unauthorized access to, and to preserve the integrity and security of, your personal information.
6.6. Gameplay. We may use third party websites and technologies to stream and/or record gameplay or chat dialogue occurring through the Services, including your own dialogue (“Recordings”). We may use Recordings to verify compliance with these Terms and as part of marketing, promotion, and feature enhancement of the Services. Please do not submit personally identifiable information in gameplay dialogue—this information is available for anyone to see and use. You may record and distribute your own recordings of gameplay dialogue for non-commercial purposes, and, you may record or distribute recordings for compensation so long as your recording and distribution:
(i) do not include other products or services that are competitive with our products or services; and
(ii) comply with these Terms.
6.7. Children. The Services will not knowingly accept personal information from anyone under 18 years old. If you believe that a child under 18 has gained access to the Services, please contact us at [email protected] We have taken commercially reasonable steps and additional control measures to restrict use of Services to only those who are 18 years of age or older. We do not sell products or services for purchase to minors.
CHILDREN UNDER THE AGE OF 13
We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on or through our Services. If it is discovered that we have collected or received personal information from a child under 13, said information will be deleted. If you believe we might have any information from or about a child under 13, please contact us at [email protected]
6.8 California Privacy Rights. If you are a California resident, California Civil Code Section 1798.83 permits you to request, once a calendar year, information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To make such a request, please write us at:
Let It Ride Sports, LLC
1247 Nexton Parkway
Summerville, SC 29483
7. ACCEPTABLE USE POLICY
7.1. Rules of Conduct. You are personally responsible for your use of Services and Software, and while using Services and Software you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently suspend or terminate the Accounts of users who violate these rules, or who abuse communications, support communications, the community purpose of any message board areas, or any other methods of abuse as determined by us in our sole discretion. We reserve the right to disable a player’s ability to upload profile photos or edit their username at any time:
(i) You may not attempt to participate in any Service (e.g. Contests) by means of automatic, macro, programmed, or similar methods.
(ii) You may not commit fraud with regard to any Service.
(iii) You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).
(iv) Do not share personal information (your name, phone number, home address, and password) with other users.
(v) You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion.
(vi) Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.
(vii) Service usernames may be displayed as ‘Your Name’; impersonating other players is not allowed.
(viii) Do not transmit or upload any copyrighted, or trademarked materials in messages or postings.
(ix) Information disclosed in chat rooms, message boards, gameplay dialogue or in online messages is visible to the public, and we are not responsible for information you choose to disclose to others.
(x) Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
(xi) You may not attempt to participate in any Service (e.g. Contests) by means of shortcuts, cheats, glitches, or similar methods.
YOU MAY NOT MAKE ANY COMMERCIAL USE OF ANY OF THE INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES NOR MAKE ANY USE OF THE WEBSITE OR SERVICES FOR THE BENEFIT OF A BUSINESS.
7.2. Your Content. You acknowledge that the Service is a passive channel for user content and that we may not pre-screen all user content or communications. We may not control, verify or pay for some or all user content or communications. We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. In addition, we may suspend and/or terminate your access to any of our public forums at any time, without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive messages and material that is related to the subject matter of the public forums, complies with Applicable Laws, and conforms to any additional terms of service we post in public forums. You may not upload to, distribute, or otherwise publish any content, information, or other material that:
(i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any entity and/or person;
(ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or
(iii) includes any bugs, bots, malware, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
User-generated content and opinions are that of the individual supplying such content or opinion and do not reflect the opinions of the Company. Subject to the foregoing, we may edit, refuse, or remove any information or materials that you submit to us, in our sole discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content. We may, but shall not be obligated to, remove or edit any of your submissions or content for any reason.
7.3. Fraud, Cheating and Abuse. In accessing or participating in Services or using the Software, you represent and warrant to the Company that you will not engage in any activity that interrupts or manipulates or attempts to interrupt or manipulate the operation of the Services or Software. Anyone who engages in, participates in, assists in or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in Services or using the Software, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, AI, algorithms, machine learning, collusion with bots, backdoors, glitches), intentionally altered play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing rematches in Contests), deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account or, or any other act, whether through the use of automated technology or otherwise, that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction as determined by us in our sole discretion, which may include, without limitation:
(i) immediate suspension and/or termination of your Account and blocking of your access to the Website and Services;
(ii) any Winnings or account balance that you may otherwise have been entitled to hold and receive shall be void and forfeited; and
(iii) any Winnings received by you shall be subject to disgorgement and/or recoupment; and
(iv) immediate cancellation of associated attempt(s), score(s) and contest ranking(s).
In addition to the foregoing, we reserve the right to disclose or report any suspected illegal activity such as money laundering to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
7.4. Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other user’s account, interfere with procedures, performance or delivery of Services, Software or the Website, or deliberately damaging, manipulating or undermining the Services or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings and seizure of your account balance, if any. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Services or your Account.
7.5. Restrictions. Any use, reproduction or redistribution of the Service, Software, or related products or services (including without limitation, Digital Items, as defined in Section 10.3) not expressly authorized by these Terms is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our Software, assets or property including, without limitation:
(i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us;
(ii) providing unauthorized means through which others may use Services such as through server emulators;
(iii) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers’ network infrastructure, or that could damage, disable, overburden, or impair our Websites or Services;
(iv) interfering with any other party’s use and enjoyment of Services and/or Software (including cheating) or the Website or applications; and/or
(v) attempting to gain unauthorized access to third party accounts, the Service, or Software.
8. WINNINGS, ACCOUNT FUNDS, AND PAYMENTS\
8.1. Fees. Fees and payments for Services that you pay to us (“Fees”) and our billing procedures are detailed in our billing guidelines and/or in the rules for each specific Contest. If there are Fees charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals, unless restricted by Applicable Law. We may change the price of Services at any time, but no price change will affect your past purchases.
8.2. Billing. We may change our Fees and billing procedures by updating our billing guidelines. By providing us with a payment method, you:
(i) represent that you are authorized to use the payment method that you provide and that any payment information you provide is true and accurate;
(ii) authorize us to charge you for the Services using your payment method; and
(iii) authorize us to charge you for any paid feature of the Services for which you choose to sign up. We may bill you in advance, at the time of purchase, or shortly after purchase, in our sole discretion. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation chargeback fees, reasonable attorneys’ fees and other legal fees and costs.
8.4. Bonus Funds. If you are a Real Money Player, we may, from time to time in our sole discretion, grant you bonus funds and/or credits (“Bonus Funds”). Bonus Funds are earned by referrals and/or can be bought using “Extra PTS”. Bonus Funds are awarded in Extra PTS and a user can buy vouchers (i.e. Free Entry Vouchers) with their Extra PTS in denominations with $5, $10, or $25 value. Bonus Funds can be used to enter Cash Contests. Bonus Funds hold the same value as real currency within our Software and Service offerings.
8.5. Withdrawals. If you are a Real Money Player, you may request a withdrawal of funds from your available Account balance at any time so long as you have participated in a Real Money Contest. Digital Items (as defined in Section 10.3) cannot be withdrawn.
We may freeze your Account and/or delay a request for a withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility, verification of gameplay/contest attempt(s)/winnings or to comply with Applicable Laws. The Company also conducts anti-fraud checks on playing patterns and deposits prior to processing all withdrawals, and as a result, we may request additional information from you before your withdrawal is approved. This analysis may take additional time to fulfill eligibility and regulatory requirements. We may assess a processing fee of up to $3.00 for any withdrawal of less than $10.00. Participants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver’s License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by the Company in order to complete the withdrawal of Winnings. Failure to comply with this requirement may result in disqualification and forfeiture of any Winnings. Disqualification or forfeiture of any prizes may also occur if it is determined any such participant did not comply with these Terms in any manner. High dollar payouts will be required to be paid via check. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, the Company reserves the right in its sole discretion to determine whether or not to award such prizes.
8.6. Closing Accounts; Forfeiture of Funds. If you close your Account, we will return the funds in your Account subject to the terms of Section 8.5. If we unilaterally close or terminate your Account for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or Sections 2.1, 4, 7.3, 7.4, 8.6 or 8.9 hereof, we may use these funds to defray the costs of administration and enforcement of these Terms, allocate or disburse such amounts to other Services, or donate these funds.
8.7. Refund Policy. Unless otherwise required by law, no refunds are given.
8.8. Winnings. If you are eligible to receive Winnings, we may require that you provide us with proof that you are, or were at the time of your participation in the subject Contest, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to enforce and act upon this. We may also reduce payment to you without notice to adjust for any previous overpayment or fees. Any deducted fees will be detailed and provided along with payment.
8.9. Credit Card. When you use a credit card to pay for any charges, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor authentic charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings and/or amounts added to your account, and pursuit of civil litigation and/or criminal prosecution.
8.10. Taxes. If you are a U.S. resident, we may send you an IRS Form W-9, 1099-MISC and/or other appropriate form, especially if your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation. However, you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws. You acknowledge and agree that the payment of taxes on any Winnings awarded and/or amounts withdrawn from your Account shall always be your own personal responsibility and that, under no circumstances, will we be liable to pay, reimburse or otherwise cover the payment of any such tax, or be liable to you in any way whatsoever in relation to the same.
9. COPYRIGHT COMPLAINTS. We respect the intellectual property of others.
9.1 Notice and procedure for making claims of copyright infringement; Digital Millennium Copyright Act
The Company may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of users who infringe the intellectual property of others.
If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed and is available through our Service, please provide the Company’s Copyright Agent, in accordance with the Digital Millennium Copyright Act of 1988 (“DMCA”), a written notice.
9.2 To be valid under the DMCA, you must provide the following information in writing:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; and
• specific identification of the copyrighted work that you claim has been infringed; and
• specific identification of the material that is claimed to be infringing and where it is located on our Site; and
• information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and, e-mail address; and
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
9.3 DMCA Agent. The above information must be submitted to the Company’s DMCA Agent:
Name: DMCA Agent: Stephan Looney, CCO
Let It Ride Sports, LLC
1247 Nexton Parkway, Summerville, SC 29483
email: [email protected]
phone: 843-806-2708 ext. 101
10. PROPRIETARY RIGHTS
10.1. Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit, and display any and all communications, materials, content and information submitted to us by you, whether directly or through the Website, Services or Software (“Content”), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions, or the like, will be treated by us as non-confidential and non-proprietary. Subject to these Terms, we may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching these Terms. You represent and warrant to us that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, we may permanently delete your Content from our servers and we have no obligation to return Content to you.
10.2. Software License. Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software, in object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You may not network the Software among devices. You may not directly or indirectly, or authorize any person or entity to:
(i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Software, or its structural framework;
(ii) create derivative works of the Software;
(iii) use the Software in whole or in part for any purpose except as expressly provided herein; or
(iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
10.3. Digital Items. Some Services and Software may allow you to create digital objects, such as digital characters or awards for placement on the leaderboard. Such digital objects, in addition to any digital or virtual objects or items we assign to your Account (e.g. virtual badges, trophies, buttons or virtual goods) are collectively referred to as “Digital Items”. You acknowledge that because all Digital Items are created through the Software and/or Services, we solely and exclusively own all Digital Items. To the extent we do not automatically own any Digital Item, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to such Digital Items, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Items that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform, and otherwise use and exploit such Digital Items, (b) to use, make, have made, sell, offer to sell, import, and otherwise exploit any product or service based on, embodying, incorporating, or derived from Digital Items, and (c) to exercise any and all other present or future rights not yet known in Digital Items. Subject to these Terms, we grant you a limited license to use Digital Items through your own Account solely for purposes and in furtherance of your use of Services.
10.4. Ownership. All content of the Website, the Software, Services, and all products and services of the Company, and all Company logos, symbols, expansion names and symbols, game play symbols, trade dress or “look and feel”, and all Digital Items, and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein: no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
11. TERM AND TERMINATION
These Terms apply to you and to us from the date that you accept them as provided above, until the later of the termination of your Account (whether by deactivation, cancellation, closure, expiration or termination by you or us) or your use of the Website. You may terminate these Terms at any time and for any reason by logging to your account on the mobile app and following our account closure process. Upon termination of your Account, you must immediately discontinue use of the Services and the Software and your Account and promptly uninstall and delete all copies of the Software. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use Digital Items. Your obligation to pay accrued Fees, if any, will survive any termination of your account and/or these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination (including, without limitation, Sections 3.4, 4, 5, 6, 8.6, 8.8, 8.9, 8.10, 10.3 and 12 through 15 (inclusive).
We strive to keep Services up and running; however, all online services suffer occasional disruptions and outages. We are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION DIGITAL ITEMS AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ITEMS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM.
We are not responsible or liable for any damage, loss, or injury resulting from, relating to or arising out of:
(i) access, use or attempted use or access of Services, Digital Items, the Software or the Website;
(ii) downloading any information from the Software, Services or Website; and/or
(iii) violations of these Terms by other users or any other third party. We have no responsibility to enforce these Terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
13. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1. BINDING ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“DISPUTE”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE, WEBSITE, CONTESTS OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THIS SECTION 14. PLEASE READ THIS SECTION 14 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE WAIVING YOUR RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
14.2. General. This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action, proceeding, or other controversy between you and us concerning these Terms, the Services, the Website, the Contests, the software or any product, service or information we make available to you or refuse to make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a written Notice of Dispute setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Let It Ride Sports, LLC Customer Support, 1247 Nexton Parkway, Summerville, SC 29483 and by email to [email protected] We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to the email address associated with your Account. You and we must attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence binding arbitration in accordance with this Section 14.
14.3. Binding arbitration. If you and we do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section 14. Instead, all Disputes will be resolved by one person/arbitrator selected by the Washington, DC office of JAMS which office shall conduct the arbitration in Washington, DC and in accordance with its commercial arbitration rules.
14.4. Class action waiver. To the maximum extent permitted under Applicable Laws, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You waive the right to seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it shall not apply to those parts but shall apply to all other parts to the maximum extent permitted under Applicable Laws. Instead, those parts will be severed and proceed in a court of law in Charlotte, North Carolina, with the remaining parts proceeding in arbitration.
14.5. Arbitration procedure. These terms and all agreements arising therefrom shall be governed by, and construed in accordance with, the laws of the State of North Carolina regardless of the laws that might otherwise govern under applicable principles of conflicts of law. Each of the Parties hereto irrevocably consents to the exclusive jurisdiction and venue of a one-person arbitration panel to resolve any and all dispute between the Parties arising or based upon these terms or the relationship of the Parties. Said arbitration shall be conducted by one person selected by the Washington, DC office of JAMS which office shall conduct the arbitration in Washington, DC and in accordance with its commercial arbitration rules.
If you are located in a country other than listed above, then arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope permitted under Applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same damages to you individually as a court could.
The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and JAMS; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of:
(i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal,
(ii) obliging the other party to participate in the arbitration proceedings,
(iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal,
(iv) requesting the appearance of witnesses and/or experts, and/or
(v) requesting that any information and/or documentation discovery be complied with.
By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
14.6. Claims or Disputes must be filed within 6 months. To the extent permitted by Applicable Laws, any claim or Dispute under these Terms must be filed within 6 months from the date of the cause of action. If a claim or dispute isn’t filed within 6 months, it’s permanently barred.
14.7. Equitable Relief. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
14.8. English Language. If we provide a translated version of these Terms or any other Company terms or policy, it is for informational purposes only. The meaning of the English version of any terms or policy shall supersede any other possible meaning of any translation of the Terms.
15.1. GOVERNING LAW. THESE TERMS AND THE TRANSACTIONS CONTEMPLATED HEREBY, AND ALL DISPUTES BETWEEN THE PARTIES UNDER OR RELATING TO THESE TERMS OR THE FACTS AND CIRCUMSTANCES LEADING TO ITS EXECUTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW RULE OR PRINCIPLE THAT MIGHT RESULT IN THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
15.2. Assignment. You may not assign any of your rights, including, without limitation, any rights to use the Services or Software, or to participate in any Contest, or to collect any Winnings, or delegate any of your duties or obligations under these Terms without our prior written consent. Notwithstanding any provision herein to the contrary, you hereby agree that we may assign these Terms, in whole or in part, at any time without notice to you.
15.3. No Third Party Beneficiaries. No provision of these Terms is intended, nor will be interpreted, to provide or to create any third party beneficiary rights or any other rights of any kind in any person or entity other than you and us.
15.4. Severability. Whenever possible, each provision of these Terms will be interpreted in such manner as to be effective and valid under applicable law, but if any provision contained herein is determined to be invalid, illegal or unenforceable, in whole or in part, in any respect under any applicable law or rule in any jurisdiction, then (a) these Terms will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein, or, if permitted in such jurisdiction, then in lieu of such invalid, illegal or unenforceable provision there shall be added to these Terms for purposes of such jurisdiction a provision as similar in its terms to such invalid, illegal or unenforceable provision as may be possible and be valid, legal and enforceable; and (b) such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of such provision in any other jurisdiction, or of any other provision or of the Terms, in whole or part, in any jurisdiction.
15.5. Captions; Interpretation. The captions in these Terms are included for convenience of reference only and shall not affect in any way the interpretation or construction of these Terms or any provision hereof. Whenever required by the context, any pronoun used in these Terms shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa. The use of the word “including” in these Terms shall be by way of example rather than by limitation. Reference to any agreement, document or instrument means such agreement, document or instrument as amended or otherwise modified from time to time in accordance with the terms thereof, and, if applicable, hereof. The use of the words “or,” “either” and “any” shall not be exclusive. Wherever a conflict exists between these Terms and any other agreement, these Terms shall control, but solely to the extent of such conflict.
15.6. Entire Agreement. These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior written and prior or contemporaneous oral arrangements, understandings, negotiations and discussions. The Company has made no representations, warranties, covenants or promises relating to the subject matter of these Terms except as expressly set forth herein.
15.7. Amendment. These Terms cannot be amended or modified by you. These Terms may be amended or modified by us. We may provide notice of any such amendment or modification to the email address associated with your Account. It shall be your responsibility to review any such amendment or modification. If you continue to use your Account to participate in Contests, visit our Website or use our Software or Services, such continued use shall be deemed acceptance of any such amendment or modification. IF YOU DO NOT WISH TO BE BOUND BY ANY SUCH AMENDMENT OR MODIFICATION, YOU MUST STOP USING OUR SOFTWARE AND SERVICES AND CLOSE YOUR ACCOUNT.
15.8. No Implied Waiver. No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. Any waiver by us of a breach or violation of any provision of these Terms by you shall not be deemed a waiver of any other provision or of any subsequent breach or violation.
15.9. Remedies. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, or attorneys’ fees and expenses.
15.10. Notices. You hereby consent to our providing you notifications about the Services or information the law requires us to provide via email to the email address associated with your Account. Notices emailed to you will be deemed given and received when the email is sent. IF YOU DO NOT CONSENT TO RECEIVE NOTICES ELECTRONICALLY, YOU MUST STOP USING OUR SOFTWARE AND SERVICES AND CLOSE YOUR ACCOUNT.
15.11. Electronic Copies. A printed version of these Terms or of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By submitting this information, you provide express written consent to the Company sending you future information, contacting you to provide you with promotional offers using the information (including any phone numbers) you have or will provide us. This means Company may contact you with promotional offers via residential number, mobile number and/or text messaging (including use of autodialed and pre-recorded calls). You are not required to give your consent (directly or indirectly) as a condition of purchasing any goods, property or services. By selecting and clicking on the bubble, you agree. Should you wish to unsubscribe, contact us at: [email protected]