TERMS AND CONDITIONS

END USER LICENSE AGREEMENT FOR FAST PICK This End User License Agreement (“Agreement”) was last updated on June 7, 2017.
IMPORTANT
THIS WEBSITE IS OPERATING A SERVICE ENABLING USERS TO PARTICIPATE IN PLAYER VS. PLAYER FANTASY SPORTS MATCHUPS (the “Service” or “Services”) BASED UPON A SCORING SYSTEM BETWEEN SELECTED ATHLETES PARTICIPATING IN WORLDWIDE SPORTING EVENTS UTILIZING A PROPRIETARY FANTASY MATCHUP-BASED API DATA FEED AND FANTASY CONTEST MANAGEMENT PLATFORM (THE “SOFTWARE”) DEVELOPED AND OWNED BY SPORT ANALYTICS AND DATA CORP. (D/B/A SPORTAD), A DELAWARE CORPORATION ("SPORTAD") UNDER A LICENSE FROM SPORT AD TO RESORTS DIGITAL GAMING, LLC© (“RESORTS”), A NEW JERSEY LIMITED LIABILITY COMPANY AND AFFLIATE OF DGMB CASINO, LLC D/B/A RESORTS CASINO HOTEL© (“DGMB”) WHICH IS MANAGED BY MGA GAMING NJ, LLC D/B/A MOHEGAN GAMING ADVISORS© A SUBSIDIARY OF THE MOHEGAN TRIBE OF INDIANS OF CONNECTICUT (“MOHEGAN”). (UNLESS THE CONTEXT INDICATES OTHERWISE, SPORTAD, MOHEGAN, DGMB AND RESORTS, AND THEIR RESPECTIVE AFFILIATED COMPANIES OR ANY COMPANY WITHIN THE SAME GROUP OF COMPANIES AS ANY OF THE FOREGOING, MEMBERS, MANAGEMENT COMPANIES, OFFICERS, EMPLOYEES, PARTNERS, DIRECTORS, AGENTS, SUBSIDIARIES OR RELATED PARTIES, ARE HEREINAFTER REFERRED TO COLLECTIVELY AS THE “COMPANY”, “WE” OR “US”). A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THIS SOFTWARE AND ACCESSING THE WEBSITE AND ITS CONTENT IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE AND THE WEBSITE.
RESORTS IS OFFERING THE SERVICES PURSUANT TO N.J.A.C. 13:69P-1.1 WHICH PROVIDES THAT “A CASINO LICENSEE MAY OFFER FANTASY SPORTS TOURNAMENTS TO ITS PATRONS SUBJECT TO REQUIREMENTS OF THIS CHAPTER AND 31 U.S.C. §§ 5361 ET SEQ. A FANTASY SPORTS TOURNAMENT IS ANY FANTASY OR SIMULATED GAME OR CONTEST INVOLVING ATHLETIC EVENTS IN WHICH A PATRON OWNS OR MANAGES AN IMAGINARY SPORTS TEAM AND COMPETES AGAINST OTHER PATRONS OR A TARGET SCORE FOR A PREDETERMINED PRIZE. PURSUANT TO N.J.A.C. 13:69P-1.1, THE CONDUCT OF A FANTASY SPORTS TOURNAMENT SHALL NOT BE CONSIDERED “GAMING” OR “GAMBLING” AS DEFINED IN N.J.S.A. 5:12-22.
PLEASE READ THIS AGREEMENT CAREFULLY, TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION.
BY CHECKING THE “I AM 21 OR OVER AND I ACCEPT THESE TERMS & CONDITIONS” BOX DURING THE ACCOUNT REGISTRATION PROCESS, YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CHECK THE “I AM 21 OR OVER AND I ACCEPT THESE TERMS & CONDITIONS” BOX, DISCONTINUE THE ACCOUNT REGISTRATION PROCESS, AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE, SERVICE OR THE WEBSITE.
INTRODUCTION
1.1 Resorts Digital Gaming with offices at 1133 Boardwalk, Atlantic City, New Jersey, 08401, is the operator of the website domain www.fastpick.com ( referred to as a “Website” ). The Company is offering the Service via the Website.
1.2 When You (hereinafter referred to as the “End User” or “User” or “You” or “Your”) use the Website, the Software, or the Services, these Terms of Service (hereinafter referred to as the “Terms of Service” or “Agreement”) shall apply to such use.
1.3 In addition to this Agreement, rules for the FastPick game (“Game Rules”) apply to Your use of the Website, the Software and the Services, and You should review these prior to any use of the Website, the Software, or the Services. Game Rules can be found at www.fastpick.com/getting-started and may be amended by the Company from time to time in its sole discretion without prior notice. The Privacy Policy which can be found at www.fastpick.com/privacy-policy, describes how Your personal information will be dealt with and protected. By accepting the terms of service set forth in this Agreement, You are also acknowledging and accepting the Privacy Policy and acknowledge that it may be amended by the Company from time to time in its sole and absolute discretion without prior notice.
1.4 This Agreement shall prevail in the event of any conflict between this Agreement and any of the Game Rules or other documents referred to in this Agreement, including, but not limited to, the Privacy Policy.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 By registering with the Company via the Website and/or by using the Company’s Software and Services via the Website and/or by checking the “I am 21 or over and I accept these Terms & Conditions” box during the account registration process, You agree to be bound by this Agreement in its entirety and without reservation. As such, this Agreement constitutes a binding legal agreement between You and the Company. This Agreement shall govern Your use of the Website, the Software, and the Services at all times.
2.2 The Software, which may be made available in either downloadable or non-downloadable form, allows You to use the Services currently available via the Website and other User interfaces, including, but not limited to, mobile devices. The Company reserves the right, in its sole discretion, to suspend, modify, remove or add to the Website, Software and/or the Services, subject to any statute, regulations, or direction from any federal or state regulatory agency having jurisdiction over fantasy sports contests in the Permitted State (“Regulatory Authority”), with immediate effect and without notice. The Company shall not be liable for any loss suffered by You, including, but not limited to, any indirect, consequential, incidental or special damages, resulting from any changes made to the Website, Software and/or Services and You shall have no claims against the Company in such regard.
2.3 In respect to Your use of the Services, You may only have one account with the Website operated by the Company for which You will register using Your own legal name. You shall access the Software and use the Services only via Your own account. You may never access Website, the Software or use the Services by means of another person’s account or permit any other person to access the Website, Software or use the Services using Your account. If You: (i) attempt to open more than one account, under Your own name or under any other name; (ii) attempt to use the Website, Software or Services by means of any other person’s account; or (iii) permit another person to access the Website or Software or use the Services using Your account, then We will be entitled to: (a) block Your account pending investigation; (b) refund or refuse to refund any monies contained in Your account in our sole discretion; (c) notify the proper authorities of the suspected activity; and/or (d) permanently close Your account, and bar You from future use of the Website, Software and Services.
3. COMPLIANCE WITH LAWS AND LOCATION VERIFICATION
3.1 Use of the Website, Software and Services is restricted to End Users who are placing game entries from within a permitted state (“Permitted State”). You represent, warrant and agree to ensure that Your use of the Website, the Software, and the Services will comply at all times with all applicable laws, statutes, and regulations of the Permitted State(s). At this time Permitted States are: NJ
3.2 You acknowledge that You will be physically within a Permitted State during any time You submit a game entry, and that You will comply with our requirements in connection with verifying Your physical location at time of play, including by use of Your mobile device’s current location and/or using the Wi-Fi networks when You use Your computer or tablet device. Location coordinates are only gathered at the time You submit a game entry using Your mobile phone, computer and/or tablet device, and You have agreed to use the location verification service (the “Location Service”).
3.3 The mobile device Location Service is available only on selected carriers. The Location Service might not be available if the mobile device is roaming or is turned off. Location coordinate data is transmitted via Secure Socket Layer (“SSL”) technology into password protected servers. Your data will be subject to the Privacy Policy. Please contact Your carrier for rate information and note that Message and Data rates may apply and are at your sole cost and expense.
3.4 The Company shall not be responsible for any illegal or unauthorized use of the Website, the Software, and/or the Services by You. Please consult an attorney if You have any doubts about the legality of Your use of the Website, the Software and/or the Services under the laws of any jurisdiction that applies to You. By accepting these terms, You agree to assist the Company, to the extent You are able, with its compliance with applicable laws and regulations.
3.5 Persons located outside a Permitted Sate, at the time of their activity, may not submit game entries using the Website, Software or Services.
3.6 You are granted a personal, non-transferable and non-exclusive right to use the Location Service and any data related thereto. GeoComply©, as provider of the Location Service, and/or its licensors, retain all of their intellectual property rights in and to the Location Service, and no title to any such property is transferred to You. You agree not to expose, reverse assemble, reverse engineer, decompile, reverse decompile, reduce to human readable form, or otherwise attempt to derive source code from the Location Service, or modify, incorporate into or with other software, or to create derivative works of, the Location Service or any data related thereto, or allow any third party to do the same. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other US agency or authority, and not to transfer, or authorize the transfer of, the Location Service to a prohibited country or otherwise in violation of any such restrictions or regulations. Certain services including GeoComply, will make use of your location data. If you use such services, you consent to us transmitting, collecting, maintaining, processing and using your location data in order to provide and improve location-based services. You may withdraw this consent at any time by turning off the location settings or by notifying us in writing that you would like to withdraw such consent.
3.7 You acknowledge that no warranty from GeoComply© or its licensors is being made to You in connection with the Location Service and any data related thereto, and that there is an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose. GeoComply© and its licensors shall not be liable to You for any indirect, consequential, incidental or special damages arising out of the use or license of the Location Service, regardless of the theory of liability (including negligence, tort, and strict liability).
3.8 You agree not to remove, alter or obscure any copyright or other proprietary notices incorporated on or in the Location Service by GeoComply© or any of its licensors.
3.9 You agree not to make the Location Service or any data related thereto available to third-parties, or use the Location Service on behalf of third-parties (including through file sharing, hosting, application services provider, service bureau, or any other type of service) and not to transfer or sublicense the Location Service or any data related thereto or allow the Location Service or any data related thereto to become subject to any lien.
3.10 You agree not to make any copies of the Location Service or any data related thereto, except for a single copy for back-up/archival purposes, and such copy must contain all of GeoComply’s© and its licensor’s notices regarding proprietary rights.
3.11 You agree to comply with the Google Maps© terms and conditions (as located at Map), the Google© Legal Notices (as located at Map) and the AUP (as located at Map), as the same may be updated from time to time.
3.12 We reserve the right to use data from GeoComply© to aid in any investigation into your online account activity.
4. PERMITTED PARTICIPATION AND GAMES
4.1 No one under the age of twenty-one (21) (individuals twenty-one (21) or older are referred to herein as “Legally of Age”) may download the Software or use the Website or Services under any circumstances and any person not Legally of Age who access the Website, downloads the Software or uses the Services will be in breach of the terms of this Agreement. Anyone who facilitates someone not Legally of Age to access the Website or use the Software or Services is in breach of this Agreement and shall be prohibited from using the Website, Software and Services. The Company reserves the right, in its sole discretion, to request proof of age at any stage in order to verify that persons not Legally of Age are not accessing the Website nor using the Software or Services. The Company may terminate a person’s account and prohibit a person from accessing the Website or using the Software or the Services if proof of age is not provided or if the Company suspects that a person accessing the Website or using the Software or the Services is not Legally of Age. Any initial deposits made by a player in such account may be subject to forfeiture or other disposal. The Company may refuse to refund any bonuses, bonus points or winning funds provided to or gained by a player in violation of this Agreement.
4.2 You hereby explicitly consent that We may verify Your personal information provided during the registration process, such as Your name, physical address where You reside, Your date of birth, Your driver’s license or valid government-issued identity card, Your social security number, and Your passport identification (for non US residents) to confirm: (a) that You are Legally of Age; (b) Your identity; and (c) that you are located in a Permitted State. We may use third-party verification services to verify Your personal information, including but not limited to a credit reference agency or other identification verification services. In performing these checks, the third-party verification services may keep a record of Your information, and such checks could affect Your credit report. The purpose of this verification is to confirm Your age, identity, and geographic location. By requesting certain documents, We reserve the right to verify Your information, including Your email address and payment methods used, at any time. Requested documents shall include, but are not limited to, (a) an identity card such as a valid passport or state-issued photo driver’s license, (b) proof of address such as a utility bill or bank statement, and (c) proof of payment method, and can be sent to Us through a secure/encrypted file transfer feature in the Website’s Cashier, or another location on the Website. In the Company’s sole discretion, We may request notarized document copies, meaning the documents must be stamped and attested to by a notary public. In the event our request for documents is not completed by You to the Company’s satisfaction, the Company will suspend or terminate the account, withhold any funds that are present therein and refuse to refund any Bonuses or winning funds provided to or gained by You. Any initial deposit funds in such account shall be returned within seven (7) business days after cancellation. Should the documents fail our internal security check (for example, if We suspect that the documents have been tampered with, or are in any way provided to mislead or misrepresent), the Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback or explanations on the nature of our findings or reasons for rejecting the documents. The Company reserves the right to request additional information from You in its sole discretion or as may be required by law. You will not be permitted full use of the Website, Services or the Software unless and until your age, identity, and location have been verified to the Company’s satisfaction.
4.3 You hereby explicitly consent to the Company performing background checks on You for any reason related to the use of the Website, Software or Services, including, but not limited to, any investigation into Your identity, any credit checks performed on You, or any inquiries into Your personal history. The basis for such investigations will be dependent on the specific case, and could include, but not be limited to, verification of Your registration details, such as the name, address and age, verification of financial transactions, and verification of game entry activity. The Company shall be under no obligation to advise You of such an investigation taking place and We may use social media sites in conducting such an investigation. Such activities may also include the use of specific third-party companies who perform the investigations as required. The Company may decide, in its sole discretion, to block Your account, and withhold all funds, on the basis of such an investigation.
4.4 Company employees are not permitted to open an account, place game entries or participate in any promotions offered by the Company.
4.5 You have the right to set Responsible Play Limits on the Website including a deposit limit and a spend limit based on times
4.6 FastPick offers games for the enjoyment of members. They are intended to provide entertainment only and are not wagering or gambling opportunities. The games offered are skill contests and are intended to provide entertainment and competition for You. You will have the opportunity to submit game entries as offered at FastPick through the Internet via desktop and laptop computers and mobile devices, so long as you are located in a Permitted State.
4.7 You may submit game entries through the Internet up to the balance of your account. All funds for approved game entries submitted through the Internet are withdrawn from Your account prior to acceptance of the game entry. Funds for winning game entries are deposited into your account after the game has concluded. The Company reserves the right to reject any game entry for any reason in its sole discretion. All game entries, placed by You when physically located in a state outside of the Permitted States are not allowed and will be void. See Section 3.1 above for list of Permitted States.
4.8 All ineffective game entries due to system error, communications complications, or any other technical difficulties shall be cancelled, and the entry fee will be refunded to You. The Company reserves the right to cancel any of Your game entries and in these circumstances the game entry fee will be credited to Your account.
4.9 Games offered at FastPick are not to be used in connection with any form of wagering or gambling or the promotion of wagering or gambling.
4.10, A full list of Game Rules can be found at www.fastpick.com/getting-started
5.INFORMATION TECHNOLOGY/INTELLECTUAL PROPERTY
5.1 The Company hereby grants You the non-exclusive, non-transferable, non-sub-licensable right to use the Software in connection with the accessing the Website and Services in accordance with this Agreement. The Software’s code, structure and organization are protected by the Company’s intellectual property rights. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise attempt to derive the internal structure, functioning, or other inner workings of the Software; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third-party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); (e) use the Software in a manner prohibited by applicable laws, regulations and/or this Agreement; (f) assert or imply that title or ownership rights in the Software belong to You; (g) remove, circumvent, disable, damage, or otherwise interfere in any way with any security-related feature of the Software; or (h) attempt to do any of the foregoing (together the “Prohibited Activities”).
5.1.1 You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by You in this respect.
5.2 The brand names relating to the Website, Software and Services, and any other trademarks, service marks, trade names, domain names and logos used by the Company are owned by the Company or its licensors (including Resorts and the Mohegan Tribe of Indians of Connecticut, a subsidiary of which has entered into a management agreement with Resorts) with respect to the Website, Software and Services regardless of the platform (hereinafter referred to as the “Trademarks”) and the Company and licensors (as applicable) reserve all rights to such Trademarks. End User shall not use the Trademarks, or any confusingly similar marks except as expressly permitted herein.
5.3 In addition to the rights to its Trademarks, the Company or one of its affiliated entities and/or its licensors and/or its service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Services, Software or on the Website or in connection with the Services (the “Site Content”). The Site Content is protected by copyright and/or other intellectual property rights. The End User shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Site Content or information or work contained in the Software or on the Website or used in connection with the Services. The End User shall not in any way alter, erase, or remove any trademark notices, copyright notices, logos, or other legal or proprietary designations contained on or within the Site Content.
5.4 You hereby acknowledge that, by using the Website, Services or the Software, You obtain no rights in the Trademarks or the Site Content and You may only use the same in complete accordance with this Agreement.
5.5 You agree not to upload, post, email, transmit or otherwise make available through the Services, the Software or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
5.6 The Company respects the intellectual property rights of others and requires each End User of the Services, the Software, and the Website to do the same. The Company may in its sole discretion immediately remove or disable any content or block or terminate the account of any End User that is found to have infringed on the rights of the Company or of a third-party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. The Company will, in appropriate circumstances, terminate the accounts of repeat infringers at any time. If You believe any material available on the Website infringes upon a copyright, or otherwise violates Your intellectual property rights, then You should notify the Company’s Copyright Agent at the address provided below by providing the following information:
5.6.1 identify the copyrighted work or other intellectual property that You claim has been infringed;
5.6.2 identify the material on the Website that may be an infringement with enough detail so that We may locate it on the Website;
5.6.3 a statement by You indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and the reason(s) why;
5.6.4 a statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
5.6.5 Your address, telephone number, and email address; and
5.6.6 Your physical or electronic signature.
5.7 The Company’s designated Copyright Agent for notices of claims of copyright or other intellectual property infringement is: 

Resorts Digital Gaming, LLC
c/o Resorts Casino Hotel
Attn: Vice President & General Counsel 
1133 Boardwalk
Atlantic City NJ 08401
6. YOUR REPRESENTATIONS AND UNDERTAKINGS
In consideration of the rights granted to You to use the Website, Services and the Software, You represent, warrant, covenant and agree that the following representations are true to the best of Your knowledge and belief.
6.1 As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for Your own actions, and, at any time you use the Website, Services or Software or submit any game entries on the Website, You will be physically located within a Permitted State whenever attempting to submit a game entry.
6.2 All information provided by You to the Company either during the registration process or at any time thereafter, including as part of any payment deposits, withdrawals, or any other financial transaction are true, current, correct, complete and match the full name(s) on the credit/debit card(s) or other payment accounts including, but not limited to, payment via online wallets or the automatic clearing house (ACH online check transfers) or commonly referred to as “E-Checks” to be used to deposit or receive funds in Your account. You shall ensure that funds deposited into Your account from a financial institution shall not be transferred out of Your account to a different financial institution. You shall ensure that You have sufficient available funds prior to submitting any game entries. The Company does not extend credit to any player for any reason, including, but not limited to, for submitting entries on the Website or any related activities. You will promptly notify Us of any changes to information previously provided by You to the Company during registration or at any other time. From time to time, You may be requested to provide Us with certain documents to verify your identity and the details of the credit or debit card or other deposit or withdrawal methods used by You to deposit or withdraw money to or from Your account, and to verify the authenticity of such documents. Should You fail to provide the Company with, or fail to verify the authenticity of, any documents requested by the Company relating to Your identification or any deposit or withdrawal method used by You, the Company reserves the right, in its sole discretion, to cancel a withdrawal request. Depending on the outcome of these verification checks, You may or may not be permitted to deposit further monies with the credit or debit card or other deposit methods previously used by You. Should any of the information that You provide to Us be untrue, inaccurate, misleading, or otherwise incomplete, You will be in breach of this Agreement, and We reserve the right to terminate Your account immediately and/or prevent You from using the Website, Software and/or the Services, in addition to any other action that We may choose to take. You shall not transfer any funds to any other player or account holder.
6.3 As the End User, Your account with the Company is solely for Your benefit. You shall not allow anyone (including a relative) to use Your account, password, or identity to access or use the Website, Services or the Software, and You shall be fully responsible for any activities undertaken on Your account by a third-party. You will not reveal Your account username or password to any person and You shall take all steps to ensure that such details are not revealed to any person. You shall inform Us immediately if You suspect that Your account is being used by a third-party, and/or any third-party has access to Your account username or password so that We may investigate such matter, and You will cooperate with Us, by providing such information and documentation as We may request, in the course of such investigation.
6.4 As the End User, You are responsible for the security of Your username and password on Your own computer and any device on which the Software is or may be accessible including, but not limited to, an Internet access location. It is Your responsibility if Your username and password combination is “hacked” due to any virus or malware present on the computer or mobile device from which You access Your account. You should report any possible hacking attempts or security breaches from Your computer or mobile device immediately to the Company. It is Your responsibility to configure Your computer’s and/or mobile device’s auto lock features to protect them from unauthorized use.
6.5 As the End User, You fully understand the methods, rules, and procedures of the Website, Software and/or the Services and fantasy sports in general. You understand that it is Your responsibility to ensure the details of game entries are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
6.6 As the End User, You are fully aware that there is a risk of losing money when using the Website, Software and the Services, and that You are fully responsible for any such loss. You agree that Your use of the Website, Software and Services is at Your sole option, sole discretion, and risk. In relation to any loss, You shall have no claims whatsoever against the Company, their licensors or service providers or the respective directors, officers, members, management companies, employees, service providers, agents, or any affiliates of any of the foregoing.
6.7 As the End User, You are solely responsible for any and all telecommunication network and Internet access services, fees and costs, and all other consents and permissions required in connection with Your use of the Website, Software and the Services.
6.8 As the End User, You shall act in good faith at all times in terms of Your use of the Services, the Website, and the Software and Your interactions with the Company and the other players using the Services. In the event the Company determines that You have been using the Services, the Website, or the Software in violation of this Agreement or any applicable law and/or to cause direct or indirect harm or injury to the Company or its respective licensors or service providers, or any End User of the Services, the Website, or the Software, the Company shall have the right, subject to any applicable law, to terminate Your account and/or use of the Website, Software and/or the Services and any other accounts You may hold with the Company, and the Company shall be entitled to retain all monies therein. You hereby expressly waive any claims against the Company and its licensors and service providers in such regard, including, but not limited to, future claims or any indirect, consequential, incidental or special damages, subject to any applicable laws.
6.9 You hereby grant the Company Your consent to monitor and record Your game entry communications and geographic location information at all times, and You shall have no claims against the Company and its licensors or service providers in such regard.
7. PROHIBITED USE OF THE SITES AND SERVICES
7.1 As the End User, You declare that the source of funds used by You for submitting game entries on the Website and using the Services and Software is not illegal and that You will not use the Website, the Services, or the Software in any way as a money transfer system. You will not use the Website, the Services, or the Software for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under federal laws and/or the laws of any Permitted State. If the Company has a suspicion that You may be engaging in or have engaged in fraudulent, unlawful or improper activity including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, Your access to the Website, Services and Software may be terminated immediately and/or Your account blocked, locked or terminated. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any funds (including any deposited funds and/or winnings) or provide You with access to any funds, rewards points or bonuses that may be in Your account. In addition to terminating Your access to the Website, Software and Services and/or blocking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website, Software and Services and any of the Company’s other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together “Interested Third-Parties”) of Your identity and of any suspected unlawful, fraudulent or improper activity.
7.2 The Company and its third-party service providers have developed and employ sophisticated technology intended to seek out and identify persons making fraudulent or unlawful use of the Website, Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures. If the Company believes, in its sole discretion, that You are in breach of this clause, the Company may terminate Your access to the Website, Services and Software immediately and/or have Your account terminated or locked, pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all Your accounts, and You being barred from future use of the Website, Services and Software. The Company reserves the right, in its sole discretion, to inform Interested Third-Parties of Your breach. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any of the funds (including any deposited funds and/or winnings) or provide You with access to any funds, rewards points or bonuses that may be in Your account, with such funds, rewards points, and bonuses being forfeited,. In addition to terminating Your access to the Website, Services and Software and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website, Software or Services and any of the Company's other websites or servers, or accessing any other properties or services offered by the Company.
7.3 You acknowledge that, if We have reason to suspect that an End User or group of End Users are operating systematically the Company shall have the right to block or terminate all such End Users accounts and in such circumstances, the Company shall be under no obligation to refund such End User(s) any funds (including any deposited funds and/or winnings) or provide such End User(s) with access to any funds, rewards points or bonuses that may be in such End User accounts, with such funds, rewards points, and bonuses being forfeited.
8. YOUR ACCOUNT
8.1 Your account is for Your sole personal use only and shall not be used for any professional, business, or commercial purpose.
8.2 All transactions where Your username and password have been entered correctly will be regarded as valid whether or not authorized by You. Therefore, it is imperative that You maintain security of Your username and password at all times and not divulge Your username or password to third-parties.
8.3 Monies held in Your account shall not earn interest.
8.4 If You do not access Your account by “logging on” for any period of twelve (12) consecutive months, Your account will be considered a “dormant account”. Once an account falls into dormant account status, any funds remaining on deposit and any pending game entries shall be forfeited.
8.5 We reserve the right to limit or refuse any game entry made by You or through Your account.
8.6 You may not sell or attempt to sell or otherwise transfer any winnings, funds, bonus points, bonuses, or any other related items to any other individual or entity. If the Company finds evidence of such a sale or attempted sale, the Company may terminate or lock Your account. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any or all of the funds (including any deposited funds and/or winnings) or provide You with access to any funds, rewards points, or bonuses that may be in Your account, with such funds, rewards points or bonuses being forfeited.
8.7 The Company will make available to You, upon reasonable request, account statements detailing Your account activity.
9. PAYMENT TRANSACTIONS AND PAYMENT FRAUD
9.1 You are fully responsible for paying all monies owed to the Company. You will not make or attempt to make any chargebacks, and/or deny or reverse any payment that You have made, and You will reimburse the Company for any chargebacks, denial or reversal of payments You make and any loss suffered by the Company as a consequence thereof. The Company may, in its sole discretion, cease to provide access to the Website, Software and the Services or withhold payment to certain End Users or to End Users paying with certain credit cards. You agree that the Company may collect any monies owed by You to the Company from You, Your account on the Website and from any accounts You make the Company aware of, without any further notice being required.
9.2 The Company reserves the right, in its sole discretion, to use third-party electronic payment processors and/or financial institutions to process payments made by and to You in connection with Your use of the Website, Software and Services. To the extent that they do not conflict with the terms of this Agreement, You agree to be bound by the terms and conditions of such third-party electronic payment processors and/or financial institutions and the terms and conditions of any other third-party service provider who provides third-party services through the Software, Services or the Website.
9.3 In the case of a suspected fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment or dispute or fraud relating to ACH/e-checks), the Company reserves the right, in its sole discretion, to block an End User’s account, reverse any payout made to the End User, recover any funds paid to the End User’s account by the Company, and recover any losses incurred by the Company as a result of any fraudulent activity by the End User. The Company may inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. Under no circumstances shall the Company be liable for any unauthorized use of credit or debit cards, irrespective of whether or not the credit or debit cards were reported stolen.
9.4 Each individual deposit into Your account must be from a single payment source (including but not limited to, a credit card, debit card, charge card, pre-paid card or ACH/E-Check) on which You are a named account holder; i.e. multiple payment sources may not be combined to a make a single deposit.
9.5 You authorize selected third parties to facilitate deposits for which You have provided specific information as required information (Payment Service Providers).
9.6 When You wish to withdraw money from Your account, payments generally will be made as soon as reasonably possible (subject to up to three (3) to five (5) business days internal processing time). However, if at the time of a withdrawal request, You have any deposits which are pending receipt of confirmation of funds (e.g., deposits by check, ACH, wire transfer or other deposit methods), the Company reserves the right, in its sole discretion, to delay any withdrawal payment until such deposited funds have been confirmed by Your banking institution. Additionally, You may experience additional delays due to any security review undertaken by Us, or whenever any other provision of this Agreement allows or requires Us to hold a payment. Should You fail to provide the Company with, or fail to verify the authenticity of, any documents requested by the Company relating to Your identification or any deposit or withdrawal method used by You, the Company reserves the right, in its sole discretion, to cancel a withdrawal request. Once a withdrawal has been approved by the Company, the Company is not responsible for any third-party financial clearing process that delays Your payment from being received.
10. PROMOTIONS, BONUS POINTS AND BONUSES
10.1 All promotions, bonuses or special offers are subject to the express terms of any bonus offered on the Website and promotion-specific terms and conditions if applicable, and any bonus credited to Your account must be used in accordance with such terms and conditions. By accepting a promotion, bonus, or special offer available on the Website, You consent to the terms and conditions of such promotion, bonus, or special offer and acknowledge that game entry fees must always be paid with cash balances before bonus balances can be used to pay game entry fees. We reserve the right to withdraw any promotion, bonus or special offer at any time. Bonus funds, bonus points and any winnings derived therefrom, which have not been converted to cash, may be forfeited (a) when a new bonus is accepted; (b) upon withdrawal of all or any portion of a cash balance; (c) upon deposit and acceptance of a deposit bonus match; or (d) under other circumstances that may be identified in the separate terms and conditions of a specific bonus program or offer. Other bonus types require that the play through requirement of the current bonus balance be added to the play through requirement of the new bonus. In other words, these bonuses and their associated play through requirements are combined. See the particular bonus terms and conditions for additional details. No promotion, bonus, or special offer will be accepted or honored by the Company following the expiration date of the promotion, bonus, or special offer, unless the Company in its sole discretion chooses to do so for any particular customer, promotion, bonus, or special offer. Expiration dates will be set forth in the specific rules or terms and conditions of the particular promotion, bonus, or special offer. Furthermore, the Company reserves the right, in its sole discretion, to change or modify any policy with respect to the earning or expiration of bonus points and bonuses. Without limiting the generality of the foregoing sentence, bonus points will expire after a six (6) month period of inactivity (which shall mean that You have not earned at least one bonus point in a six (6) month period) and bonuses will expire in accordance with the specific terms of each bonus issued, or, in the absence of a specific expiration date, after a (3) three month period of inactivity.
10.2 In the event that the Company believes an End User of the Service is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold, or withdraw from any End User any bonus or promotion, or rescind any policy with respect to that End User, either temporarily or permanently, or terminate that End User’s access to the Website, Services, Software and/or lock that End User’s account.
10.3 You may only open one (1) account on the Website operated by the Company. The opening of multiple accounts on a Website or on any other Website owned and/or operated by the Company, whether in bad faith for the purpose of accumulating bonuses, bonus points, promotions, or special offers or otherwise, shall be considered abusive behavior.
10.4 In the event that the Company deems in its sole discretion that You have been taking unfair advantage of the Company’s bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on the Website or on any other sites owned and/or operated by the Company, the Company shall have the right to lock or terminate Your accounts with the Company, and in such circumstances, the Company shall be under no obligation to refund You any bonus funds or winnings that may be in Your accounts. Similarly, and again without limiting the generality of the foregoing and by way of example and not limitation, the Company may deem activity such as using multiple accounts, closing and reopening accounts, irregular game entry patterns, or other activity that violates the intent of a promotion to be bonus abuse, enabling the Company to exercise its sole discretion to lock or terminate Your accounts with the Company under the terms of this Paragraph.
11. OBLIGATIONS OF THE COMPANY
11.1 The Company reserves the right, but assumes no obligation, to check whether anyone is using the Services, the Website, or the Software in accordance with this Agreement.
11.2 The Company may investigate or pursue complaints made by an End User against any other End User using the Website, Software or Services and may take any action in connection therewith, or take any action against an End User for any reason, including without limitation for violating this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so and the Company’s failure to take immediate action shall not act as a waiver to take such action at a later time.
11.3 The Company shall not be liable if You misplace, forget, or lose Your username or password because of anything other than the Company’s error. If You misplace, forget, or lose your username or password, You may be able to retrieve or reset this information via the Website.
12. DISPUTE RESOLUTION
12.1 All claims or disputes should be raised with the Company’s customer service department in a timely manner to allow the Company to promptly respond to the End User at the email address: [email protected]
12.2 You understand and agree that, without prejudice to Your other rights and remedies, the Company records shall be the final authority in determining the terms of Your use of the Services, the Website, and the Software, and You shall have no right to dispute the Company’s decisions in regard to such matters.
12.3 Nothing contained herein shall be construed to limit the Company’s right to prosecute You for any crimes or disorderly persons offenses committed by You in connection with your use of the Services, the Software or the Website
13. NO WARRANTY
13.1 THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS”. THE COMPANY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES, THE WEBSITE, OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE, THE WEBSITE, AND THE SERVICES LIES WITH YOU.
13.2 THE COMPANY MAKES NO WARRANTY: THAT THE SOFTWARE, THE WEBSITE, OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND THE SOFTWARE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR BUGS; OR AS TO THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS, OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE, THE SERVICES OR THE WEBSITE.
13.3 A MALFUNCTION VOIDS ALL PAYS. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALOGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE EQUIPMENT OR SOFTWARE, THE COMPANY SHALL NOT IN ANY WAY BE LIABLE TO YOU AND THE COMPANY SHALL VOID ALL GAME ENTRIES IN QUESTION AND PAYMENTS IN RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS. THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
13.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE.
14. LIMITATIONS OF LIABILITY
14.1 You acknowledge and agree that You are free to choose whether to use the Services, the Website, and the Software, and do so at Your sole option, sole discretion, and risk.
14.2 Neither the Company nor any third-party service provider or their respective third-party licensors shall be liable to You or any third-party in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use or any third-party’s use of the Software, the Website, or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other indirect, consequential, incidental or special damages (even where We have been notified by You of the possibility of such loss or damage).
14.3 Neither the Company nor their respective third-party licensors shall be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use the Software or of any link contained on the Website or otherwise via the Services. The Company and their third-party licensors are not responsible for the content contained on any Internet site linked to or from the Website or otherwise via the Software or Services.
14.4 The Company and their respective third-party service providers and licensors shall not be liable to You or any third-party for any modification to, suspension of or discontinuance of the Software, the Website, or the Services.
14.5 In the event that the Software, the Website, or Services fails to operate correctly for any reason, including, but not limited to, as a result of any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Software, Website, Services, or their respective content, or any error or omission in content, natural disasters, fire, flood, civil commotion, acts of a government, breakdown of power supplies, cyberattacks, labor disputes or any other factors beyond our control: (a) the Company and their respective third-party licensors will not be responsible for any loss, including loss of winnings and any indirect, consequential, incidental or special damages, that may result from the circumstances detailed in the paragraph above; and (b) if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error, and shall repay to the Company any winnings credited to Your account in error (as directed by the Company) or the Company may, in its sole discretion, deduct an amount equal to those winnings from Your account, set off such amount against any money owed to You by the Company, or take other action to collect any money owed, as permitted under the laws of the Permitted State.
14.6 You agree that, in the event of any dispute, the total liability of the Company for all claims of any kind arising out of this Agreement or your use of the Software, Services and the Website, whether in contract, tort or otherwise, shall be limited to any winnings to which You may be entitled and any positive balance in Your account.
15. BREACH OF TERMS AND CONDITIONS; INDEMNIFICATION
15.1 You shall fully indemnify, defend and hold the Company and their third-party service providers and licensors and their respective officers, directors, members, and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
15.1.1 any breach of this Agreement by You;
15.1.2 any violation by You of any law or the rights of any third-party;
15.1.3 any use by You of the Services, Website or Software or use by any other person accessing the Services, Website or Software using Your username, password, or any other personal information, whether or not with Your authorization; or
15.1.4 acceptance of any winnings You are not otherwise legally authorized to receive, whether by the Company’s or any of its third-party service provider’s error or omission.
15.2 In addition to any other remedy available to the Company, if You breach any of the terms and conditions of this Agreement or the Company has reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement Your winnings may be forfeited in the sole discretion of the Company, and the Company may retain any positive balance then existing in Your account on account of any damages or other amounts owed by You to the Company pending investigation and/or the conclusion of any legal proceedings, to the extent permitted under Section 12 (Dispute Resolution). Failure to comply with any of the terms and conditions of this Agreement may also result in disqualification, account termination, and/or legal action being taken against You.
15.3 To the extent the Company suspends or closes Your account or otherwise terminates your access to the Software, Services or Website for any reason whatsoever, the Company reserves the right to take the same action with respect to any other Websites operated by the Company.
16. DURATION AND TERMINATION
16.1 This Agreement shall be in full force and effect immediately upon Your completion of the registration process, and shall continue in full force and effect unless and until terminated in accordance with its terms.
16.2 We may terminate this Agreement and Your account (including Your username and password) immediately and without notice:
16.2.1 in the event that the Company decides, for any reason, to discontinue to provide the Services, the Software, or access to the Website in general or specifically to You;
16.2.2 in the event the Company believes You have breached any of the terms of this Agreement;
16.2.3 in the event Your use of the Services, the Website, or the Software has been in any way improper, abusive or breaches this Agreement;
16.2.4 in the event Your account is associated in any way with any existing account that has been terminated, or if Your account is associated with, or related to, existing locked accounts, We may terminate Your account, irrespective of the nature of this relationship, and the registration details provided on said accounts;
16.2.5 upon instruction of the appropriate law enforcement agency or regulatory body; or
16.2.6 for any other reason the Company may determine in its sole discretion.
16.3 Unless otherwise provided herein, or as may be required by law or regulation, upon termination of this Agreement, any positive balance in Your account to which You are entitled will be returned to You within a reasonable time of Your request, subject to the Company’s right to deduct or offset any amounts owed by You to the Company.
16.4 You may terminate this Agreement and Your account (including Your username and password) at any time by sending an email to the Company at [email protected] Such termination is to take effect upon the Company terminating Your account (including username and password), which shall occur within a reasonable time after receipt by the Company of Your email, provided that You shall remain responsible for any activity on Your account between the time you send the email requesting termination and actual termination of Your account by the Company.
16.5 On termination of this Agreement, You shall:
16.5.1 discontinue the use of the Website, Software and the Services;
16.5.2 pay all amounts due and owing to the Company; and
16.5.3 remove and permanently delete the Software (including any third party software downloaded in connection with Your use of the Website or Services) from Your computer equipment and/or mobile device and destroy all related documentation in Your possession, custody, power, or control.
16.6 The clause providing the right to terminate this Agreement by either party shall not prejudice any right or remedy of either party in respect of the breach (if any) resulting in termination or any other breach which occurred prior to the date of termination.
16.7 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations that have accrued prior to termination, neither party shall have any further obligation to the other party under this Agreement, providing that the following provisions shall survive termination of this Agreement: Section 5 (Information Technology, Intellectual Property), Section 12 (Dispute Resolution), Section 13 (No Warranty), Section 14 (Limitation of Liability), Section 15 (Breach of Terms and Conditions; Indemnification) and Section 21 (Governing Law and Waiver of Jury Trial).
16.8 In addition to terminating Your access to the Website, Software and Services and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website and any of the Company’s other websites or servers, and You shall have no claims against the Company in such regard.
16.9 If You have chosen to close Your account – for example, if You have set Responsible Play Limits, it is Your obligation to abide by this restriction for the duration of the period of limitation. Neither the Company or any of their third-party service providers and licensors shall be obligated to refund You any funds You may have applied to game entries or won through such account.
17. GENERAL
17.1 if any part of this Agreement is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms.
17.2 No waiver by Us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
17.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third-parties.
17.4 Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between You and the Company or any of their third-party service providers and licensors.
17.5 This Agreement contains the entire agreement between the Company and You, relating to Your use of the Software, the Website, and the Services and supersedes any and all prior agreements between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representations other than as specifically set forth in this Agreement.
17.6 The Company reserves the right, in its sole discretion, to transfer, assign, sub-license or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets, or other similar corporate transaction in which the Company may be involved in.
17.7 As the End User, You agree not to transfer, assign, sub-license or pledge in any manner whatsoever any of Your rights or obligations under this Agreement.
17.8 Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over the assets of the Company, including for the avoidance of doubt, on any amounts standing to the credit of Your account.
17.9 Pursuant to state and/or federal law and regulations, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to You. By using the Website, Software and Services, You agree to comply in full with all applicable tax laws, and hereby release the Company from any liability associated with Your compliance therewith.
17.9..1 You are solely responsible for any applicable taxes which may be payable on winnings or prizes awarded to You through Your use of the Website. Without limiting the foregoing, the Company shall be entitled in its sole discretion to deduct and withhold from any winnings, prizes, or other amounts or items of value awarded to You such taxes (including withholding taxes) as may be required under any Federal, State, or local law, regulation or IRS requirement, at the maximum applicable rate for such withholding, and/or to require from You such information or documentation as may be necessary or desirable in connection with such filings as the Company may be required to make under any such Federal, State, or local law, regulation, or IRS requirement, and/or to withhold or delay any payment or credit to Your Account for such time as may be necessary in order to fulfil the foregoing requirements. In respect to any reporting of winnings that the Company is required to make (as may be required under any Federal, State, or local law, regulation, or IRS requirement) in connection with Your use of the Website, You (a) declare under penalties of perjury that (i) the name, address and taxpayer identification number supplied by You in connection with Your use of the Website correctly identifies You and that (ii) You are the recipient of the winnings and that no other person is entitled to any part of these payments, and (b) agree that any forms required to be prepared by Us and sent to You can be sent to You either by mail or electronically
17.9.2 The Company will provide You with a form 1099 each year in which You have won $600 or more. The Company is required to report this information to the appropriate tax authorities, as well. You are solely responsible for filing and paying applicable state and federal taxes on any winnings. This information is being provided to You as a courtesy only. The Company does not provide tax advice, nor should any statements in this Agreement or on or in connection with the Website be construed as tax advice.
17.9.3 In certain cases (e.g. Your failure to provide the Company with a valid social security number or notification by the Internal Revenue Service (“IRS”) that You are subject to backup withholding), the Company may be required to withhold funds from Your winnings. You hereby represent and warrant that You are 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.
7.10 Paragraph headings in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of the Agreement, and shall not define or affect the meaning, construction, or scope of any of the provisions of this Agreement.
20. CUSTOMER SERVICE DEPARTMENT AND SPECIAL PROMOTIONS
20.1 For service quality assurance, calls with the Company’s customer service department may be recorded.
20.2 You hereby expressly consent (“opt-in”) to the Company using the contact details provided by You on registration (or attempted registration), including, but not limited to, phone numbers, residence address and email addresses, to occasionally contact You directly in relation to Your use of the Website, Software and Services or any other products or services offered by the Company and their third-party service providers or licensors from time to time.
20.3 The Company will not tolerate any abusive behavior exhibited by End Users of the Service to the Company’s or its service provider’s employees. In the event that the Company, in its sole discretion, deems that Your behavior, via telephone, live chat, email, or otherwise, has been abusive or derogatory towards any of the Company’s or their third-party service provider’s employees, the Company shall have the right to block or terminate Your account with the Company.
20.4 The Company, its third-party service providers and licensors may, from time to time, offer You special promotions. These promotions may be communicated to You by various means, including, but not limited to: (i) email; (ii) telephone; (iii) SMS text message; (iv) live chat; and (v) additional windows opening from within the Software.
20.5 The Company shall provide You with an opt-out option in relation to various types of marketing communications from the Company and should You choose to opt-out from communications, the Company shall respect Your wishes in such regard.
21. GOVERNING LAW AND WAIVER OF JURY TRIAL
This Agreement and the relationship between the parties, and any disputes or controversies arising on the subject of the Website, Software or Services shall be governed by, and interpreted in accordance with, the laws of the State of New Jersey. In the event a court of competent jurisdiction rules that your waiver of your right to file suit against the Company under Section 12 (Dispute Resolution), You and the Company hereby irrevocably consent to the exclusive jurisdiction and venue of the Superior Court of New Jersey, Atlantic County, or the Federal District Court in the District of New Jersey. Each of the Parties irrevocably consents to service of process by first-class, certified mail, return receipt requested, postage prepaid, to the address at which such Party is to receive notice which, in Your case, shall be the most recent address you have provided to the Company in connection with your Account and, in the Company’s case, shall be to the same address as the Company’s designated Copyright Agent for notices appearing in Section 5 of this Agreement. YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO ANY ASPECT OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT COUNSEL WITH RESPECT TO THIS WAIVER.
22. LANGUAGE DISCREPANCIES
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
PLEASE PRINT AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS. THIS AGREEMENT MAY BE AMENDED BY THE COMPANY FROM TIME TO TIME AND THE COMPANY WILL REQUIRE YOU TO ACKNOWLEDGE YOUR ACCEPTANCE OF ANY SUCH AMENDMENT.