PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You will not be eligible to participate: (i) in any contests involving or related to your sport if you are affiliated with any sports league, including without limitation if you are an athlete, coach, member of team or league management, support personnel, referee, team or league physician, commissioner, owner, or any other individual with an interest in the applicable sport, or who can otherwise influence the outcome of a game; (ii) in any sport contests for which there is a cash prize, if you are employed by or otherwise affiliated with any other sports contest site, application or service such that you have access to confidential data about contest-related information or (iii) in any contest for which there is a cash prize, if you are an employee of GameOn or are related to an employee of GameOn and share a household with such employee. If you use the Services in any way, and we discover or determine that you are not eligible to participate, we may, among other actions, in our sole discretion, (A) disqualify your entry, in which case we will not award you a prize, (B) report your violation to all applicable parties and authorities, which may include the sports league or contest site you are employed by, if applicable, (C) terminate your Account (defined below), and/or (D) withhold or revoke the awarding of any prize associated with your Account (defined below). We may also block any or all future participation on the Services.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
To sign up for the Services, you may be required to register for an account (an “Account”) or create an Account by logging in via Facebook or another authentication mechanism (a “Third Party Account”). You must provide accurate and complete information and keep your Account information updated, and we may require additional information and/or documentation for verification purposes from time to time. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You may only establish and use one Account per person to participate in the Services. An Account cannot be co-owned or otherwise shared among multiple individuals. In the event we discover that you have opened more than one Account per person, we reserve the right to suspend or terminate any or all of your Accounts and cancel, withhold, or revoke any prizes that have been awarded.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You acknowledge and agree that we are authorized to act on instructions received through the use of your Account, username, and/or password and that we may, but are not obligated to, block transactions or deny use of your Account without prior notice to you if we believe your Account information are being used by someone other than you. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from government authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
We may require you to change your username or Account information, or change your username or Account information for you.
The following terms are applicable to contests run on the Platform:
Contests run on the Platform are games of skill. Winners are determined by the criteria stated in each contest’s rules. All participation is subject to any contest rules and other applicable rules and requirements made available from time to time.
GameOn reserves the right, in our sole discretion, to cancel contests, disqualify any participants from a contest or the entire Service, and/or suspend, limit or terminate any Accounts, such as if a user engages in conduct we deem, in our sole discretion, to be improper, unfair, fraudulent, or otherwise adverse to the operation of the Service or in any way detrimental to other users, GameOn or any other parties or if any contests or prizes are challenged by any legal authority.
Financial Transactions.Financial transactions through the Platform are processed by our payment processor, Stripe, Inc. (“Stripe”) and will be subject to the terms, conditions, privacy policies of Stripe, available at https://stripe.com/us/terms.
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Platform, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Platform or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this Section 6(e) shall apply to the same. You also hereby do and shall grant each user of the Platform and/or the Services a non-exclusive, perpetual license to access your User Content through the Platform and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Publicity. By entering a contest through the Platform, you consent to GameOn’s and our service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest, other GameOn contests and/or GameOn and our business generally. You acknowledge and agree that we, and our business partners, may make public statements about entrants and winner(s), including on-air, online, or otherwise, including by announcing winners publicly. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Entertainment Purposes Only. Any information or content provided through the Services is for entertainment purposes only and should not be relied on. GameOn makes no representation or guarantees about the information, including without limitation as to its quality, accuracy or timeliness, and such information should never be used in place of professional advice from an expert who is familiar with your specific situation.
7. Rules of Conduct.
You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy in Section 18 below);
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform; (vi) harvest or scrape any Content from the Services; (vii) use any fraudulent, automated or artificial means, including creating multiple Accounts, to inflate your position or standing on leaderboards or otherwise in the Services; or (viii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, provincial/state, national and international laws and regulations.
Third Party Services. The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the Platform, such as our advertising partners and prize providers. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Location-Based Services. We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the “Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion, and may opt-out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.
In Platform Purchases. Through the Platform, you may purchase certain goods, services or features designed to enhance the performance of the Services (collectively, “In Platform Purchases”). When you purchase In Platform Purchases, you are doing so through either Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). We are not a party to any transactions for In Platform Purchases.
7. Warranty Disclaimer.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. GAMEON DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND GAMEON SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. YOU UNDERSTAND ANY USE OF THE SERVICES OR ANY CONTENT OR PRIZE OBTAINED IN CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY GAMEON OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES; OR (IV) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) THE VALUE OF THE PRIZES YOU HAVE WON DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, provincial/state, national and international laws and regulations.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Jurisdiction. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY GAMEON OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES; OR (IV) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) THE VALUE OF THE PRIZES YOU HAVE WON DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18.DMCA Copyright Policy.
Apple Device and Application Terms. In the event you are accessing the Services via an application on a device provided by Apple Inc. (“Apple”) or an application obtained through the Apple Platform Store (in either case, an “Application”), the following shall apply: