IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15
1. ACCEPTANCE OF TERMS
In addition to any other rights that Sports Gamet may have in law or equity, Sports Gamet reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes and/or Tokens associated with such account, if any) of any purported user of the Sports Gamet service that does not meet the foregoing requirements. Sports Gamet may require you to provide proof that you are eligible to participate according to this section prior to receiving any Tokens and/or prizes.
You may establish only one account per person to participate in the activities offered on the Sports Gamet service. In the event Sports Gamet discovers that you have opened more than one account per person, in addition to any other rights that Sports Gamet may have, Sports Gamet reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Tokens and/or prizes, if any.
Sports Gamet employees may use the Sports Gamet service for the purpose of testing the user experience, but may not withdraw prizes for themselves. Sports Gamet consultants or promoters of the sites may play in contests without limitation. These individuals do not have any access to non-public sites, data or any other data not made available to all players on the sites and will not receive any other advantages in their play on the sites.
Accessing and Using our Services
You are responsible for the Internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or Internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
We have the right to withdraw or modify one or more of our Games or any other part of our Services (in whole or in part) without liability to you from time to time:
- for technical reasons (such as technical difficulties experienced by us or on the internet);
- to allow us to improve user experience;
- where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Games or Services);
- because it no longer makes business sense for us to provide the relevant Game or Services; or;
- because we have altered the services we provide.
There may also be times when our Services or any part of our Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
Paying for items on our Sites
The charge for any individual item you can purchase via our Sites shall be as stated on our Sites at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Sites. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
4. CONDITIONS OF PARTICIPATION
In order to participate in contest on the Sites, you must register for an account. By registering as a user of the Sites, you agree to provide accurate, current and complete information about yourself as prompted (such information being the Registration Data) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Sports Gamet has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Sports Gamet may deny you access to areas requiring registration, at its sole discretion.
Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. Many portions of the Sites require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify Sports Gamet of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your Username and Password to access the Site’s Restricted Areas. Sports Gamet cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If you fail to keep your Username and Password secret, or if you share your Username and Password details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Tokens and/or Experience Points, if any (as defined below) associated with that account and no refund will be offered to you in relation to the same.
You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Tokens or Experience Points associated with your account).
You acknowledge and agree that Sports Gamet is authorized to act on instructions received through use of your Username and Password, and that Sports Gamet 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.
Communications and Disclosure
As a result of your registration for the Sites, you may receive certain commercial communications from Sports Gamet related to content found on the Sites. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org.
Sports Gamet, in its sole discretion, may disqualify any entrant from the service, refuse to award Experience Points, Tokens and/or prizes, if any, and require the return of any Experience Points, Tokens and/or prizes, if entrant engages in conduct Sports Gamet deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; obtaining other entrants information and spamming other entrants; and abusing the Sports Gamet websites and/or mobile apps in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent Sports Gamet from pursuing criminal or civil proceedings in connection with such conduct. Further this service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
Sports Gamet and any affiliates, partners, officers, directors, agents, employees, and/or assigns are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the service), including without limitation any injury or damage to any entrant’s or any other person’s computer equipment relating to or resulting from participation in the service; inability to access any websites and/or mobile app, or any web pages of Sports Gamet; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone sites or websites and/or mobile apps or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Sports Gamet and any affiliates, partners, officers, directors, agents, employees, and/or assigns are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the service is not capable of running as originally planned, or if the service or websites and/or mobile apps associated therewith (or any portion thereof) becomes corrupted or do not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Sports Gamet corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, Sports Gamet reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Sports Gamet websites and/or mobile apps.
The failure of Sports Gamet to comply with any provision of these rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sports Gamet (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
No professional sports league nor any team associated with any professional sports league is a sponsor or in any way affiliated with this service.
By entering a Challenge, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Challenge and/or other Sports Gamet Challenges, unless otherwise prohibited by law. Challenge winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to Sports Gamet for publicity, advertising and promotional activities relating to the Challenge or other Sports Gamet Challenges. Sports Gamet and Partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Challenges. In all disputes arising out of the determination of the winner of Sports Gamet Challenges, Sports Gamet is the sole judge and its actions are final and binding. Entrants agree that Sports Gamet may announce any winner’s name on-air or on any of its websites and/or mobile apps at any time in connection with the marketing and promotion of Sports Gamet, Challenges or other games operated by Sports Gamet.
5. GAME RULES
Tokens and Experience Points
Our Games may include virtual currencies such as coins, gems, gold coins and points (“Tokens”) or items or services for use with our Games (“Experience Points”). You can buy Tokens from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Experience Points for real money and/or other credits. You agree that Tokens may or may not be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Tokens and/or Experience Points from us, and not from any third party.
You do not own Tokens or Experience Points but instead you purchase a limited personal revocable license to use them – any balance of Tokens or Experience Points does not reflect any stored value.
You agree that all sales by us to you of Tokens and Experience Points are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Tokens or Experience Points from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
We reserve the right to control, regulate, change or remove any Tokens or Experience Points without any liability to you.
Without limiting paragraphs 4 and/or 6, if we disqualify, suspend or terminate your account in accordance with paragraph 4 and/or 6 of these terms you will lose any Tokens and Experience Points that you may have and we will not compensate you for this loss or make any refund to you.
Playing our Games with other users
Our Games allow you to play against an opponent or to play socially with other users. You may be able to (i) choose to play against another user or to play socially with another user whom Sports Gamet selects for you, or (ii) play against, or play socially with, one of your contacts on our platform via a social network, which you have allowed our Games to interact with. Our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
Where Sports Gamet selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or your location).
By accessing and/or playing those of our Games, which allow you to play against an opponent or to play socially with others, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.
Game of Skill or Game of Chance Upon Legislative and Regulatory Approval
Upon legislative and regulatory approval Sports Gamet may or may not provide Games that are classified as a game of skill or a legally permitted and approved game of chance. Winners shall be determined by the criteria stated in each Challenge’s rules. In jurisdictions where theses Games are classified as a game of skill, winners shall be determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in Sports Gamet must be made up of players drawn from a minimum of two sporting events. For any jurisdiction that deems these Games as a game of chance, such rules shall be established within such Game and shall meet all required standards of legal and regulatory approval, including but not limited to: state licensing, age-verification and geolocation systems and self-exclusion options. Notwithstanding any of the foregoing, Sports Gamet shall only provide such games as comply fully with all legal and regulatory standards and practices.
Sports Gamet offers contests for multiple professional sports events taking place on a single day or at most a week.
Tokens, Experience Points and Prizes
After each contest ends, Tokens, Experience Points and/or prizes may be awarded (generally by 10 AM ET the following day). The players in each contest who accumulate the most fantasy points will win Tokens as set out in the posted Challenge details. Tokens and/or Experience Points are added to the winning team’s account balance. In the event of a tie, the Tokens and/or Experience Points may be divided evenly between the tied players, unless otherwise specified.
Calculations for Tokens, Experience Points and/or prizes are based on the results as of the time when final scoring is tabulated by Sports Gamet. Once Tokens, Experience Points and/or prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues.
No substitution or transfer of Tokens, Experience Points and/or prizes is permitted. All taxes associated with the receipt or use of any Tokens, Experience Points and/or prizes are the sole responsibility of the winner. In the event that the awarding of any Tokens, Experience Points and/or prizes to winners of a Challenge is challenged by any legal authority, Sports Gamet reserves the right in its sole discretion to determine whether or not to award such Tokens, Experience Points and/or prizes.
Winners will be notified through the Sports Gamet websites and/or mobile apps after the conclusion of each Challenge by 10 AM ET on the following day.
- abuse, harass, impersonate, intimidate or threaten other Sports Gamet users;
- post or transmit, or cause to be posted or transmitted, any materials (“User Content”) that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Sites for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Sports Gamet user;
- create or submit unwanted email (“Spam”) to any other Sports Gamet users;
- infringe upon the intellectual property rights of Sports Gamet, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Sites for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (3) bypass any measures we may use to prevent or restrict access to the Sites;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the Sports Gamet leader boards and community;
- advertise to, or solicit, any user to buy or sell any products or Sites, or use any information obtained from the Sites in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- disguise, anonymise or hide your IP address or the source of any Content that you may upload;
- remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
- interfere with or disrupt our Services or servers or networks that provide our Services;
- attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
- sell, transfer or try to sell or transfer an account with us or any part of an account including any Tokens or Experience Points;
- disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
- disobey any requirements or regulations of any network connected to our Services;
- use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
- use our Services in any other way not permitted by these terms.
You understand that all User Content, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Sports Gamet, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Sites. Under no circumstances will Sports Gamet be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Sites.
You acknowledge that Sports Gamet may or may not pre-screen User Content, but that Sports Gamet and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Sites. Without limiting the foregoing, Sports Gamet and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Sports Gamet’s sole discretion. You understand that by using the Sites, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Sites.
With respect to User Content you submit or make available on the Sites, you grant Sports Gamet an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
Furthermore, information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not Sports Gamet, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
You agree not to upload, communicate, transmit or otherwise make available any Content:
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
- that is or could reasonably be viewed as invasive of another’s privacy;
- that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
- which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
- which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Sports Gamet does not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
Sports Gamet reserves the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
You are solely responsible for your interactions with other users of the Sites. Sports Gamet reserves the right, but has no obligation, to monitor disputes between you and other users.
By using the Sports Gamet service and/or accepting any Token, Experience Point and/or prize, entrants, including but not limited to the winners, you agree to release and to hold harmless Sports Gamet and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.
8. WARRANTY DISCLAIMERS
You expressly understand and agree that your use of the Sites is at your sole risk. The Sites is provided on an “AS IS” and “as available” basis. The service, content, and sites are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Sports Gamet has no control over, and no duty to take any action regarding: which users gain access to the Sites or use the Sites; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Sports Gamet from all liability for you having acquired or not acquired Content through the Sites or the Sites. The Sites may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Sports Gamet makes no representations concerning any content contained in or accessed through the Sites, and Sports Gamet will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
9. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT SPORTS GAMET INTERNATIONAL, LLC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPORTS GAMET INTERNATIONAL, LLC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPORTS GAMET INTERNATIONAL LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPORTS GAMET INTERNATIONAL, LLC FOR GENERAL USE OF THE SITES DURING THE TERM OF YOUR REGISTRATION FOR THE SITES, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Sites are owned by Sports Gamet or its licensors. You acknowledge and agree that the Sites contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sports Gamet you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites, in whole or in part.
The Sites provides, or third parties may provide, links to other World Wide Web sites or resources. Because Sports Gamet has no control over such sites and resources, you acknowledge and agree that Sports Gamet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sports Gamet 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 use of or reliance on any such content, goods or services available on or through any such sites or resource.
13. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms or this Agreement.
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Sports Gamet 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 work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sports Gamet’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Sports Gamet’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Mail: Sports Gamet International, LLC, 1113 First Ave., Seattle, Washington, 98101
15. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution: Our Customer Support Department is available via the web to address any concerns you may have regarding the Sites. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Sites shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Sports Gamet International, LLC will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Sports Gamet International, LLC will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of King, State of Washington, United States of America, and you and Sports Gamet International, LLC agree to submit to the personal jurisdiction of any federal or state court in King County, Washington, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SPORTS GAMET INTERNATIONAL, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Sports Gamet International, LLC, 1113 First Ave., Seattle, Washington, 98101. The notice must be sent within 30 days of 11/24/2015 or your first use of the Sites, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Sports Gamet also will not be bound by them.
Changes to this Section. Sports Gamet will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Sports Gamet International, LLC agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Seattle, WA. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Sports Gamet shall be governed by the laws of the State of Washington without regard to conflict of law provisions.
16. GENERAL INFORMATION
These Terms constitute the entire agreement between you and Sports Gamet with respect to the Sites and supersedes any prior agreements, oral or written, between you and Sports Gamet.
Waiver and Severability of Terms
The failure of Sports Gamet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.