PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING OUR SERVICES IN ANY WAY, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH US, AND YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT REGISTER FOR AN ACCOUNT OR ACCESS OR USE THE SERVICES.
2. The Company’s Services include providing eligible users with access to historical sports statistics, analyses and notes on the same, information concerning sports betting lines, odds, and spreads for informational purposes only, and, if you elect to supply certain past sports betting information (“Betting Information”), comments related to such Betting Information for informational purposes only. Where permitted by applicable law, the Services may also include:
3. The Services do not, and will not be deemed to, include any recommendation of a particular sports bet, nor should the Services be considered to be encouraging, supporting, or condoning illegal or underage sports gambling. The Services are for your personal informational use and enjoyment only.
4. While using any Free Play Service (wherever hosted), except in connection with Prizes (defined below) which may be offered by the Company or a third-party, as set forth in Paragraph 5, you will not earn, be paid or otherwise be provided with any real or virtual currency or anything of value. By using the Free Play Service, you agree that you are specifically prohibited from attempting to use or using real money, currency, or anything of value in connection with the Free Play Service on either the Website or the Application except as set forth in Paragraph 5 herein. You agree that you will not use the Free Play Service for any other purpose other than as stated on the Website, the Application, or in these Terms (i.e., for entertainment purposes only).
5. From time to time, the Company, or a third-party designated by the Company (“Prize Partner”), may offer a reward (“Prize”) that you may be eligible for based on your performance in connection with a specific instance of the Free Play Services (each a “Free Play Pool”). Your eligibility for a Prize is based on your participation in a Free Play Pool only and no entry fee shall be required. Other terms, including the specific rules under which you may win a Prize, will be governed by the specific rules of the Free Play Pool disseminated by the Company or the Prize Partner, as may be applicable. The Company, or the Prize Partner, as may be applicable, will provide you with a Prize using the contact information associated with your account. If the Company or the Prize Partner, as may be applicable, are not able to contact you to notify you of your Prize, the Prize may be awarded to another user. The Company or the Prize Partner, as may be applicable, may provide a Prize to users other than the user with the most correct answers in a Free Play Pool, using the same process set forth in the previous two sentences. The Company may choose not to offer a Prize for any Free Play Pool. In no event will the Company be required to offer any prize other than the Prize that we set forth for a particular Free Play Pool, and in no event will the Company be obligated to provide a Prize in connection with any Free Play Pool. You may not assign your rights to any Prize. The Company or the Prize Partner, as may be applicable, do not offer any substitution for a Prize. If the Company or the Prize Partner, as may be applicable, are unable to provide you with a Prize, whether because of applicable law or regulation or because you are not eligible or cannot claim your Prize, Company or the Prize Partner, as may be applicable, reserve the right to not award the Prize to you or to not award the Prize to anyone, at the Company’s discretion.
6. In connection with the Free Play Services, the Application may allow you to initiate messages through separate messaging applications in use on your mobile device or through other third-party software or applications (“Third-Party Messaging App Feature”) to invite individuals to participate in the Free Play Service on the Website. The Company does not allow users to send any messages to individuals directly in the Website or Application. You agree that you will not use the Third-Party Messaging App Feature, the Website, or the Application to initiate or send any unwanted messages, including any spam or harassing messages, and that you have prior permission of the recipient to send any message relating to the Free Play Services. You further agree that: (i) the Company shall have no liability for any messages you initiate through the Third-Party Messaging App Feature, the Website, or the Application; (ii) you will indemnify the Company for any liability arising from any messages you initiate through Third-Party Messaging App Feature, the Website, or the Application to the fullest extent allowed by law; (iii) you will not use the Third-Party Messaging App Feature, the Website, or the Application to initiate or send any messages to any third party who does not wish to receive such messages; (iv) you will not use the Third-Party Messaging App Feature to send any messages in violation of any “do not send” or similar request you receive from any third party; (v) and your use of a Third-Party Messaging App Feature in connection with the Free Play Service does not violate any terms of service or other agreement between you and the provider of any separate messaging applications in use on your mobile device or software used in connection with the Free Play Service. If you provide the Company with access to contact information of individuals stored on your mobile device in connection with the use of the Third-Party Messaging App Feature, you represent, warrant and agree that the Company has authorization to access such contact information on your mobile device and to cause messages to be sent on your behalf, and that such messages are not prohibited by law. You are responsible for any charges that you may incur by using the Services, including use of the Third-Party Messaging App Feature. Charges include text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
7. In order to access certain Services, you will need to establish an account with the Company, and will be issued a username and password. You are responsible for maintaining the confidentiality of your username and password and you accept responsibility for all activities, and damages that occur under your account.
8. You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) use any robot, spider, scraper or other automated means or interface not authorized by us to access Services or extract data; (b) frame any part of the Application or Website, or otherwise make it look like you have a relationship to us or that we have endorsed you; (c) bypass or circumvent measures employed to prevent or limit access to any area, content or Services (except as otherwise expressly permitted by law); (d) take any action which might impose a significant burden (as determined by us) on the Company’s infrastructure or performance, or send to or otherwise impact us (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Company; or (e) use the Application or Website to engage in illegal gambling.
9. The Services and all content and other materials that can be viewed or accessed on the Application or Website, including, without limitation, all designs, text, graphics, pictures, videos, information, data, software, sound files, articles, and rankings, and the selection and arrangement of them on this Application and the Website are protected by copyright and other law and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Services or information or materials derived from the Services. Any unauthorized use of the Services may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties against you.
10. The Website and Application may display sports team rosters, records, logos and the like, the likenesses of athletes, and the proprietary names of certain sporting events or tournaments (“Proprietary Sports Materials”). All trademarks and Proprietary Sports Materials on the Website and Application are property of Company or of third-parties who have authorized their limited use on the Website and Application, or which are otherwise used pursuant to fair use or applicable law, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the trademark holder. Reference to any Proprietary Sports Materials, third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or by any third-party of the Company.
11. Material on the Website, the Application and the Services are provided for lawful purposes only, and may not be used for any unlawful purposes. You agree that you will not use the Services for or in connection with any illegal gambling or other illegal activities. It is your responsibility to understand the laws that apply to you in your jurisdiction and to act lawfully at all times when using the Services. You agree that the Company and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any use of the Services by you that may violate any applicable law and you agree to indemnify the Company for any claims against it, to the extent permitted by law, related to your illegal or unlawful use of the Services.
12. Our Services are available only to residents of the United States who are 18 years of age or older (or, the legal age required to form a binding contract in your jurisdiction in the United States if that age is greater than 18). You must be a citizen or legal resident of the United States and have an address in the United States. If you are a legal resident of the State of Washington, you may not use the Services in any way. Users who are not located in the United States or who are under 18 years of age (or not the legal age required to form a binding contract in your jurisdiction in the United States if that age is greater than 18) are prohibited from registering for an account or accessing or using the Services in any way. By accessing or using the Services, you represent and warrant that (i) you are at least 18 years old (or the legal age required to form a binding contract in your jurisdiction in the United States if that age is greater than 18) and (ii) you are physically located in the United States (but not in the State of Washington or any other jurisdiction in the United States in which participation in the Services is prohibited by applicable law or by these Terms). The Company reserves the right at any time to request from you evidence of your age in order to ensure that you are age-eligible to use the Services.
13. The Company does not intend for the Services to be used by persons present in any jurisdiction in the United States in which participation may be prohibited or restricted by applicable law. You agree that the availability of the Services does not constitute an offer, solicitation or invitation by the Company for the use of the Services in any jurisdiction in the United States in which such activities are prohibited or restricted. If you choose to access the Services, you do so at your own risk. You agree that the Company cannot be held liable if laws applicable to you restrict or prohibit your participation in using or accessing the Services, content, features, or offerings. If you open an account or participate in the Services while located in a jurisdiction in the United States that prohibits such activities, you will be in violation of the law of such jurisdiction and these Terms, and subject to having your account suspended or terminated without prior notice.
14. When registering an account, you agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to misrepresent or misstate any of the information required for registration, nor to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness.
15. Only eligible individuals are permitted to register for an account for his, her, or their individual, personal use only. Sharing your username and password or other account credentials with others is strictly prohibited. You are responsible for taking reasonable steps to maintain the confidentiality and security of information related to your account, including your username and password, and you are responsible for all activities under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.
16. You may elect to supply certain Betting Information to the Company as part of the Services. By providing any Betting Information, you hereby grant to the Company and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use the Betting Information. You agree that the Company may sell or provide such Betting Information to third-parties, alone or aggregated with the Betting Information of other users, so long any Betting Information sold or provided to any third-party is anonymized.
17. The Company reserves the right in its sole discretion to cancel your account at any time for any reason without notice. Without limiting the foregoing, we may restrict, suspend or terminate your access to the Services, deactivate or delete your account and all related information and files in such account or bar your access to any of such files or Services at any time if we believe that you have breached these Terms. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. In any of these instances, you are not permitted to register for another account without the Company’s prior written permission, which can be withheld in the Company’s sole discretion.
18. The Company may, in its sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, the Services or any portion of the Services.
19. The Services may provide hyperlinks or connections to third-party websites or applications, including third-party betting websites or applications, and the Company may receive compensation for doing so. The Company does not control these third-party services or the content or services that they provide. You should read the terms and privacy policies that apply to such third-party services. You agree that the Company will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your activities related to those third-parties or their websites, applications, services, or products.
20. We respect the intellectual property rights of others, and require that the people who use the Application or the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address listed below:
c/o Elias Digital Solutions LLC
New York, New York 10018
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
21. We are not responsible if information made available as part of the Services is not accurate, complete or current. The material on this Application or the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Application or the Website is at your own risk.
22. THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION, THE WEBSITE, OR THE SERVICES.
23. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES, HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE SERVICES. YOUR USE AND ACCESS OF THE SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
24. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE RELATED TO YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICES, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE.
25. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH US AND LIMIT THE MANNER IN WHICH YOU MAY SEEK RELIEF. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, YOU ARE WAIVING YOUR RIGHT TO SUING IN COURT OR FROM HAVING A JURY TRIAL. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU WAIVE ANY RIGHT TO COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
26. It is a condition of your agreement with us and these Terms that any complaints and disputes are and remain confidential both while we seek a resolution and afterwards. You agree that you will not disclose the existence, nature or detail of any complaints and disputes to any third party, except for your own legal advisors (which includes the discussion of any such any complaints and disputes in any chat room, forum, comment, or other content area offered by ourselves or any third party).
27. Any dispute, claim or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to its then-current Commercial Arbitration Rules and Mediation Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not require either party to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
28. Any action concerning any dispute you may have with respect to the Company must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
29. You also agree that the state or federal courts in the County of New York, State of New York will have exclusive jurisdiction over any court proceedings relating to an arbitration award and over any lawsuit between the parties not subject to arbitration. These Terms, the rights of the parties hereunder, and any dispute arising or relating to these Terms will be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules.
30. You agree to electronic communication for all of your transactions and communication with the Company. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
31. You shall defend, indemnify, and hold harmless the Company (and each of our officers, directors, users, employees, agents, and affiliates) (collectively the “Company Indemnitees”) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, against or incurred by the Company Indemnitees arising out of or relating to (a) your use of the Services; (b) any information you provide; (c) your violation of these Terms; or (d) your violation of any rights of another. We have the right, in our sole discretion, to control any action or proceeding, including selection of counsel, and determine whether we wish to settle it, and if so, on what terms.
32. You may not assign any of your rights or obligations under these Terms without prior written consent from the Company. The Company may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
34. Our failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof.
35. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
36. Any section that by its nature should survive the termination or expiration of these Terms will so survive.
Dated: April 1, 2022