Please read these Terms and Conditions (Agreement or Terms) carefully before using the Platform (defined below) as they stipulate your rights and obligations in relation to the Platform and the services provided thereunder. Your use or access of the Platform or the Account constitutes your consent to the Terms. Your use of and access to our Platform and/or Account are subject to the Terms. If you do not agree to comply with and be bound by these Terms, you must stop using our Platform immediately.
You hereby consent to the use of electronic communication to enter into agreements, contracts, make payments, and for other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed, electronically via the Platform. Furthermore, you waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records to the extent permitted by applicable mandatory law.
This document is an electronic agreement between you (User, you or your) and Allstars Fantasy Company Limited (Company, we, us or our). It concerns your use of our Platform available under the name and style of ‘All Stars Fantasy’. The Platform is accessible through a web site (namely www.allstarsfan.com) and/ or other interactive software platform that we offer, application programming interfaces, including any subdomain of www.allstarsfan.com (hereinafter collectively referred as the Platform). The Platform is owned and operated by Allstars Fantasy Company Limited.
A User is any person who creates an Account on the Platform. No User will be able to use the Platform without registering an Account on the Platform.
There may be specific rules, regulations, terms, and conditions which apply to specific pools, or contests offered through the Platform. By agreeing to these Terms, you agree to be bound by and abide by these terms and conditions, rules, and regulations.
If you are unwilling to agree to these Terms, or you do not have the right, power, and authority to act on behalf of and bind the business, organization, or other entity you represent, do not accept these Terms, and do not access or otherwise use the Platform.
You agree that we have the right to monitor the Platform and your use of the Platform to ensure and enforce compliance with the Terms.
Please note that these Terms shall prevail in the event of any conflict between these Terms and any other document incorporated by reference into this Agreement, except in case of a conflict between these Terms and any game specific rules and regulations, in which case the latter shall take precedence.
If these Terms or any of the Agreements are translated into or exhibited in another language, the English language version shall prevail in the event of any conflict between the translation and the English language version.
We reserve the exclusive right to make changes to these Terms from time to time, at our sole discretion. Your continued access to and use of the Platform after any such change constitutes your Agreement to be bound by specific terms of this Agreement posted or modified at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you access the Platform in any manner. Therefore, we encourage you to review this Agreement regularly as you shall be bound by it.
If within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated Terms, you must stop using the Platform immediately.
You hereby represent and warrant that you are fully able and competent to agree to the Terms, and any conditions, obligations, affirmations, representations, and warranties outlined in these Terms and to abide by and comply with these Terms. By accessing our Platform, you are representing and warranting that
Age: You have attained the age of at least twenty-one (21) years or the age of majority in your jurisdiction to access and use the Platform. If you are under the age of twenty-one (21) years, or the relevant age in your jurisdiction, you undertake that you are using the Platform with the permission, under the liability, and under the supervision of your guardian.
Legality: You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and in your jurisdiction. If your use of the Platform, or any functionality provided or activity enabled thereby, is prohibited or conflicts with the applicable law in your jurisdiction, you may not, under any circumstances or for any reason, use the Platform. Further, the onus is on you to ensure that you are not barred from using the Platform under the applicable law in your jurisdiction.
Criteria: We may, at our sole discretion, refuse to offer the Platform to any person or entity and change the eligibility criteria for use thereof at any time.
Proof of eligibility: We may at any time require any User to provide proof of eligibility to participate to continue to allow such User access to the Platform, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Platform. In addition, each User will be required to provide proper identification and proof of eligibility prior to receiving a prize/reward or the processing by us of any prize/reward request. Participants may, at their option, pre-register their identification at any time prior to submitting a prize/reward request. Failure to provide evidence of identification and/or eligibility satisfactory to us, in our sole and absolute discretion, shall result in the suspension and/or termination of the Account.
Every User must register to the Platform and create an Account to gain complete access to the Platform and the respective pools (Account). A User without a registered Account may browse through the Platform but will not be allowed to use the Platform. Every User may be required to submit some information to create their profile on the Account.
Each User is only permitted to open one Account. We reserve the right to refuse, terminate or suspend any duplicate Accounts. You agree and acknowledge that decision of the Company in this regard shall be final.
You should not allow other Users to access your Account or yourself use their Accounts to access the Platform. If we identify a User accessing the Platform through multiple Accounts, we reserve the right to restrict such User’s access and ban all such Accounts.
The Platform should not be used for any unlawful, illegal, purpose or fraud by any User by any means. Any such activity shall attract required action, including termination of the Agreement and legal action at the User’s cost.
The Users agree to maintain the confidentiality of their Account credentials. They further agree not to hold us for any loss of information or any financial loss or inconvenience occurring due to misuse of their Account credentials.
You accept to inform the Platform authorities immediately in case of any confidentiality breach at your end, as soon as possible.
You agree that if an Account is found inactive for a continuous period of eight (8) weeks, then we reserve the right to terminate or suspend such Account.
You agree and acknowledge that you must provide accurate, current, and complete information true to your knowledge, while creating the Account.
You acknowledge that your participation in any pool available on the Platform is purely voluntary and at your sole discretion and risk.
As the holder of your Account, you are solely responsible for all obligations and, assuming compliance with these Terms, are entitled to all benefits accruing thereto. Your Account is not transferable to any other person. All activities undertaken under a member’s Account will be deemed to have been done by that member
When you create an Account, you will have to create a username. Your username may be visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the Services, including, without limitation, usernames, you must abide by the following guidelines as well as the rules of common decency. If we find a username for any type of Account to be offensive or improper or believe a username to be illegal, we may, in our sole and absolute discretion, refuse to grant you the username, change the username, remove the username, and/or suspend or terminate your Account. In particular, you may not use any username:
Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious;
That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or racially, ethnically or otherwise objectionable;
That is subject to the rights of any other person or entity without written authorization from that person or entity;
That belongs to a popular culture figure, celebrity or media personality;
That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
Belonging to any religious figure or deity;
Related to drugs, sex, alcohol, or criminal activity;
Comprised of partial or complete sentences (e.g., “trollu4fun”);
Comprised of gibberish (e.g., “fdsjmfidszx”);
Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).
We hold all the rights to ban, restrict or terminate the Accounts of any person breaching these Terms.
Every pool provided on the Platform is bound by certain rules for scoring, control, guidelines, amongst other things. Such rules are integral to and part of these Terms.
You undertake to update and install any new version of the Platform (if downloaded on a device used by you to access the Platform) promptly and immediately, as soon as we convey such information or requirement to you. These new versions may contain security fixes and improvements. Accordingly, failure to promptly update your version of the Platform may expose you to increased security risks or service malfunctions.
We may include advertisements targeting specific content or information on the Platform. The type and extent of advertisements are subject to change by us.
We may at our sole discretion, disqualify you, refuse to reward you, if you, alone or in collaboration with another User engage, in the opinion of the Company, in any conduct that is contrary to the fair treatment of other Users of the Platform.
The Company reserves the right to suspend, modify, remove and/or add any feature of the Platform in the Company’s sole discretion with immediate effect and without notice. The Company shall not be liable for any such action.
The Platform may invite you to chat, share or participate in blogs, message boards, online forums, social networks and other such platforms and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to or via the Platform, including without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material. Any such material you transmit to or via the Platform will be treated as non-confidential and non-proprietary. In case of personal data and information, or personally identifiable information, it is your responsibility to secure affirmative, explicit consent from the person whose data is being shared or transmitted by you.
You are and will remain solely responsible to ensure the veracity, and morality (as explained in the sub-section below) of all communications, feedback, complaints, IP address, cryptocurrency address and any other materials or information that you upload or transmit through the Platform
You represent and warrant that the User Content that you post or transmit will not:
a) Infringe the copyright, trademark, database, or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Platform and that the User Content does not violate any applicable laws, the terms, or any third party’s rights of privacy or publicity;
b) Promote any unauthorized sweepstakes or contest;
c) Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
d) Prevent or impede other Users from finding information related to the Platform;
e) Facilitate or promote conduct that, in our sole discretion, involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behaviour due to alcohol or drug consumption (such as drinking and driving).
You acknowledge and agree that we may (but are not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Platform. We may, without prior notice to you and in our sole judgment, remove User Content for any or no reason, at any time. Unless required by law, we assume no liability for any failure to remove or any delay in removing User Content and do not assume any responsibility or liability for the use and/or storage of User Content.
You hereby grant us a royalty-free, perpetual, irrevocable, fully transferable and sub-licensable, non-exclusive, worldwide right and license to use User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to the Company and other players’ use and enjoyment of User Content in connection with the Platform. The license granted to us, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms.
You agree that the Platform may display your Username, data and statistics, records with regards you participation in the pools and any other information that regarding your activity. By registering an Account and/or accepting any reward from the Platform, you agree to allow the Platform to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
The Company may wish to use the name and image of winners for promotional, marketing and publicity purposes in all media worldwide. By agreeing to these Terms, you permit the Company to use your image and name.
By entering a pool, the User agrees to be bound by these Terms. Subject to the Terms, the Company, at its sole discretion, may disqualify any user from a pool, refuse to award benefits or prizes and require the return of any prizes, if the User engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the pool or is in any way detrimental to other Users which includes, but is not limited to:
a) Reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual without their consent or falsifying ones’ own personal information;
b) Mislead others as to the origins of your communications;
c) Attempt to impersonate any other party;
d) Harass, stalk, threaten, or otherwise violate any legal rights of any other User of the Platform by any means;
e) Transmit virus-contaminated or corrupt files or any other similar software or programs that may damage or negatively affect the Platform, any software, hardware, or telecommunications equipment of the Platform, or any User’s use of the Platform;
g) Represent any other activity deemed by the Company to be in conflict with the spirit or intent of the pools;
h) Copy or adapt the Platform’s software;
i) Colluding with any other User(s) or engaging in any type of syndicate play;
j) Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Platform creates;
k) Create adaptations of the Platform or derivate works based on the Platform;
l) Cover or obscure any notice, banner or advertisement on the Platform;
m) Act in any other way that the Company may consider as harmful to the Platform or other Users in its sole and absolute discretion.
Any attempt by a User or any other individual to deliberately damage, interfere with or alter the Platform, or any part of it, is a violation of criminal and/or civil laws and should such attempt be made, the Company reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Any User who displays behavior which may be interpreted as using unfair methods on the Platform, including but not limited to, the opening and/or use of multiple Accounts, harassment of other participants, posting of objectionable User Content, any breach of these Terms, or any breach or attempted breach of the security of your Account or the Platform, shall be subject to immediate sanction (as determined by us in our sole discretion), up to and including Account termination and blocking of Platform access and, in the case of any other illegal activity, disclosure to the appropriate authorities, and legal action at the sole discretion of the Company.
As part of its services, the Platform may make available the Pools on the Platform.
Currently, the Platform hosts Pools in respect of a fantasy football game. Users wishing to participate in such Pools, are permitted to create their own fantasy teams (“Teams”), consisting of seven real life footballers involved in the real-life football match (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates.
Teams are awarded points on the basis of the real-life footballers' performances at the end of a designated match or tournament of the Pools. The User(s) whose Team(s) have achieved the highest aggregate score(s) in the Pool(s) shall be declared winners ("Winners"), with such Winners being entitled to seventy-five percent (75%) of the entire prize pool amount, and the Users whose Teams have achieved the second highest aggregate score in the Pools being declared (“First Runners-Up”) and being entitled to ten percent (10%) of the entire prize pool amount.
The Platform adheres to a daily fantasy sports format wherein Users shall compete in weekly league challenges (the "Game Week") for each week of a particular league season. In each Game Week, Users will either create or join customizable tournaments ("Pools"). Each Pool can be either:
a. Public - Any User can join up to the maximum number of allowed Users in the Pool.
b. Private - Users can only join through an invitation from the creator of the Pool.
User may participate in a public Pool by paying a pre-designated fee, as stipulated on the respective page of the Pool by the respective public Pool’s admin. For participation within a private Pool, each User must pay a pre-designated fee as well be in possession of a specialised password to access such a private Pool. Such ‘pre-designated’ fee is the User’s contribution towards prize money pool and includes a pre-determined transaction fee for the User’s access of the Platform’s services.
Users must choose only one of the teams they create to compete in each designated Pool. At the end of each Game week, the teams will be deleted, and the User shall go through the game cycle again.
In order to register for the Pool(s), Users are required to:
a. Have previously registered on the Platform as a User;
b. Have created a Team on the Platform
c. Have sufficient Allstars Fantasy Coins (“AFC”) to buy into the Pool (in accordance with Clause 10.5. herewith)
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
The results and winners of each pool offered through and organised on the Platform will be final. The determination of the results and winners of each pool shall be in accordance with the specific provisions of the pool as well as in accordance with the Platform’s whitepaper (‘Platform Whitepaper’). By registering and/ or participating in any public or private Pool, you agree to be bound by these determinations.
Each User acknowledges that the outcome of the pools offered on the Platform is directly related to the skill levels of each person participating. The Company does not comment or have knowledge of the probability of one User winning a pool and makes no representations about an individual’s chances of winning.
No gambling is allowed within the Platform.
The Platform may, from time to time, enable you to accumulate points, status, rewards, badges, or awards. The results and winners of each pool and any awards in connection therewith offered on the Platform will be determined by Company, and such determinations are final and binding. By registering and/or participating in any pool, you agree to be bound by these determinations.
If you believe there has been a mistake with respect to any distribution of winnings or withdrawals from your Account, please email us at firstname.lastname@example.org. We reserve the right to, in its sole discretion, assess a penalty and terminate your Account. If any winnings are mistakenly credited to an Account, we may automatically deduct such winnings from your Account upon discovery of such error.
In respect of any transactions entered into on the Platform, the Users agree to be bound by the payment terms as outlined on the Platform and as stipulated within the Platform Whitepaper.
The Platform reserves the right to charge a transactional fee equivalent to Fifteen Percent (15%) of the entire prize pool amount from each pool. Such transactional fee shall be charged by and paid to the Platform at such a time whence the winner thereof is determined.
The Platform may be made available to you with the assistance of, or through, third-party services, and may link to or include third-party services or content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services or content. These third parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the services. Use of any third-party services or content is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances will we be responsible or liable in connection with your reliance on or use of third-party services or content.
When using our services, your device may connect to or utilize third-party networks, and you may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Platform, including without limitation internet service provider fees, telecommunications fees, text messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Platform.
By registering for an Account and/or participating in any pool offered on the Platform, you acknowledge that all information contained on the Platform is protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Company or the Platform or by its Users or by their licensors.
No content on the Platform, including User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Platform.
The Platform neither warrants nor represents that your use of content displayed on the Platform will not infringe rights of third parties. While the Platform uses reasonable efforts to include accurate and up-to-date information, the Platform makes no warranties or representations as to its accuracy. The Platform assumes no liability or responsibility for any errors or omissions in the content of the Platform.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and the content thereon and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish any content on the Platform on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods.
Any use of the Platform or the content thereon other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.
Any communication or material you transmit to the Platform by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Platform or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, promotion, marketing and posting. Furthermore, the Platform is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Platform for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
You are entitled to close your Account at any time by contacting customer support at email@example.com. We will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been effected. We are entitled to terminate these Terms immediately on notice (or attempted notice) to you at the email address you have provided.
If an event outside our control happens that affects our services, then we may:
a) update and change the Platform
b) suspend or withdraw or restrict the availability of all or any part of our Platform for business, operational or regulatory reasons or because of a force majeure event at no notice.
A ‘force majeure’ event shall mean any event, circumstance or cause beyond our reasonable control, which prevents, hinders or delays the provision of the Platform or makes its provision impossible or onerous, including, without limitation: (1) acts of god, flood, storm, drought, earthquake or other natural disaster; (2) epidemic or pandemic (for the avoidance of doubt, including the coronavirus pandemic); (3) terrorist attack, hacking or cyber threats, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (4) equipment or software malfunction or bugs, phishing attacks, distributed denials of service or any other security attacks; (5) nuclear, chemical or biological contamination; (6) any law statutes, ordinances, rules, regulations, judgments, injunctions, orders and decrees or any action taken by a government or public authority, including without limitation imposing a prohibition, or failing to grant a necessary licence or consent; (7) collapse of buildings, breakdown of plant or machinery, fire, explosion or accident; and (8) strike, industrial action or lockout.
You can directly escalate any grievance to our management team at firstname.lastname@example.org.
Subject to the clauses below, the courts of competent jurisdiction in the British Virgin Islands (‘BVI’) shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform, as well as have exclusive jurisdiction to grant interim or preliminary relief. All such issues and questions shall be governed and construed in accordance with the laws of the jurisdiction of the BVI. Notwithstanding the above, we retain the right to bring proceedings against you for any threatened or actual breach of these Terms in your country of residence, registration or business or any other relevant country. By registering for an Account and/or participating in any pool offered on the Platform, you agree that any dispute that cannot be resolved between us shall be resolved individually, without resort to any form of class action.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide written notification to the other party. On receipt of notification, the parties shall first try to resolve the dispute through mutual discussions within 45 days of receipt of notification.
Access to the Platform may not be legal by certain persons or in certain countries. You accept sole responsibility for determining whether your use of the Platform is legal in the country/region where you live and/or in any country/region where you log on to use the Platform. If you access the Platform from outside the permissible jurisdictions, you do so on your own initiative and risk and are responsible for compliance with local laws. The availability of the Platform does not construe an offer or invitation by us to use the Platform if you reside in a country or region in which such use is currently forbidden by law, or within any jurisdiction where Company, in its sole discretion, elects not to offer the Platform. The Company shall not be responsible for any illegal or unauthorized use of the Platform(s) by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Platform under the laws of any jurisdiction that applies to you. You acknowledge that certain countries/ jurisdictions have laws regarding fantasy sports that may prevent Company from awarding you with a reward. If you are a high performer and this happens to be the case with your country/ jurisdiction, you acknowledge that you may not be able to receive any reward at all from Company.
While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites and platforms, either now operating or created in the future. Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.
The Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company web sites or on any external web sites linked to them. In particular, the Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfills or serves any particular purpose.
The Company web sites and all materials, information, products and services included in the Company web sites, are provided “as is,” with no warranties expressed or implied. The Company expressly disclaims, to the fullest extent permitted by law, all express/implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. The Company disclaims any warranties regarding the security, reliability, timeliness, and performance of the Company web sites. The Company disclaims any warranties for any information or advice obtained through the Company web sites. The Company disclaims any warranties for services or products received through or advertised on the Company web sites or received through any links provided by the Company web sites as well as for any information or advice received through any links or any User contributions provided to the Company web sites.
The User understands and agrees that they download or otherwise obtain material or data through the use of the Company web sites at their own discretion and risk and that they will be solely responsible for any damages to their computer system or loss of data that results from the download of such material or data.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply in all cases. The User may also have other rights that vary from jurisdiction to jurisdiction.
The Company and its web sites are not responsible or liable for content posted by Users, third parties, actions of any third party or for any damage to, or virus that may infect, a User’s computer equipment or other property.
You agree that we will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Platform; (ii) the cost of getting substitute goods and services as a result of using any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the Platform; or (v) any other matter relating to the Platform. If, notwithstanding the other provisions of these terms and conditions, we are found to be liable to you for any damage or loss which arise out of or is any way connected to your use of the Platform, our liability shall in no event exceed the greater of (i) the total of any game or similar fees with respect to any payment or feature of the Platform paid in the six months prior to the date of the initial claim made against us; or (ii) USD $100.00.
By registering and/or participating in the Platform, you agree to indemnify, defend, and hold harmless the Platform, the Company, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns in respect of all claims, costs (including legal fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Platform (including without limitation use of your Account, whether or not authorized by you). We retain the right to assume the exclusive defense and control of any claim supporting indemnification, and in such cases you agree to cooperate with us to defend any such claim. You will not settle any claim covered by this section without our prior written approval.
These Terms (and any additional terms, rules and conditions of participation in particular pools that the Company may post on the Platform) constitute the entire Agreement between you and us and supersedes any prior agreements, oral or written, between you and the Company.
The failure of the Company 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 endeavour to give effect to the parties’ intentions as reflected in the said section, and the other sections of the Terms will remain in full force and effect. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the Company’s prior written consent. The Company may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this section shall be null and void.
Users with questions, complaints, or claims regarding the Platform(s) may contact us at email@example.com. Further, the User acknowledges that we may use the contact information provided by the User, in the present or at a future date, to communicate with the User and provide their information, or verify their identity, or for any other purpose as required by the Platform.