Terms of Service
These Terms of Service (“Terms”) constitute a binding legal agreement between you and Fantasy Sports Shark, LLC (“Company”, “we”, “us”, “our”), and govern your access and use of www.monkeyknifefightfantasyapp.com (the “Website”), Monkey Knife Fight Fantasy Mobile Application, and our fantasy sports related services, materials, features, content, and all other services that we own, control and make available through the Website and/or Monkey Knife Fight Fantasy Mobile Application (collectively the “Services”).
These Terms are intended to be in addition to the End User License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) for the Monkey Knife Fight Fantasy App, and to the extent any of these Terms conflict with the End User License Agreement, these Terms shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms shall also be deemed to include the Monkey Knife Fight Fantasy Mobile Application.
For the purposes hereof: "Contest" means a game made available for entry on the Monkey Knife Fight Fantasy Mobile Application and/or via the Website; "Match" refers to a sports match which relates to a Contest; "Player" means you, the player of the Contest: "Player Account" means each player’s account registered for the purpose of using the Services; and “Affiliate” means any legal entity or organization that controls, is controlled by, or is under common direction, management or control of the relevant party, including its subsidiaries.
We reserve the right to change theses Terms and will make reasonable efforts to ensure that you are notified of changes to the Terms before the changes take place via an appropriate method - for example, by your registered email address or by a notice on the Website.
If a change in the Terms is made which you do not wish to accept you must cease to use the Website and close your Player Account. However, your continued access or use of the Website will be deemed to be your acceptance of these Terms and any changes to them as at the time of access or use, except that any entries received (but not settled) or other transactions prior to the time of any change to these Terms will be subject to the pre-existing Terms.
BY REGISTERING A PLAYER ACCOUNT AND/OR OTHERWISE ACCESSING THE WEBSITE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR YOUR USE OF THE WEBSITE AND SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 16 BELOW. PLEASE READ SECTION 16 CAREFULLY.
1.1 For rules and information on a specific Contest including drafting players, types of Contests, length of Contest, changing Player choices, scoring, results, winners policy, withdrawing and match cancellation see the How to Play tab.
2.1 You must be at least eighteen (18) years of age to open an account, participate in Contests, and win prizes offered via the Services. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Iowa or Massachusetts. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada and Washington (the “Excluded States”) are eligible to open an account and participate in contests offered by the Website. Additional states may be included in the Excluded States section at our sole discretion. You agree to abide by all applicable laws in the jurisdiction where you are located while using the Website. Legal residents of the Excluded States are eligible to open and maintain accounts on the Website for use only in Contests that do not offer prizes. Legal residents of Canada are eligible to open an account and participate in contests offered via our Services. We have the right, at any time, to request you to furnish us with proof of your identity, your age and/or your place of residence. Your account may be suspended pending receipt of this information to verify your eligibility to use the Services. If, as determined in our sole discretion, an account is deemed to be in breach of any term within this section, including rules regarding the age of majority and place of residence, any prizes won by use of that account will be forfeited.
2.2 You need to sign up before you are able to enter a Contest.
2.3 Upon signing up, we will ask for your name, your email address and password that you create. You will be asked to confirm that you are of legal age in the territory in which you reside.
2.5 By signing up, you represent that you are legally able to enter into a binding contract, agree to the use of electronic communications in order to enter into contracts, and that you waive any rights or requirements under applicable laws or regulations in any jurisdiction which requires an original (non-electronic) signature, to the extent permitted under applicable law.
2.6 To fund your account with a credit or debit card you will need to provide personal information including your name, postal address and date of birth, which we will verify before your Player Account can be funded.
2.7 You may only sign up for one (1) account at a time. The use or creation of any additional player accounts will result in suspension and/or termination of your Player Account.
2.8 You must provide true and accurate information about yourself including, but not limited to, your age, full name, place of residence and a valid email address. You represent and warrant that all registration and account information you supply to us is complete and accurate and (through timely updates) kept up to date. You are responsible for maintaining the accuracy of this information. Should the registration information provided prove false or misleading, we may suspend or terminate your Player Account.
2.9 We reserve the right to request such further information from you as we deem appropriate. We further reserve the right to suspend your Player Account and/or place restrictions on the amount that you can deposit for use to play Contests should you fail to respond to our request for information in a satisfactory manner, or should we determine, at our sole and absolute discretion, that the manner in which you have been participating in Contests via our Services is inappropriate in the circumstances.
2.10 The Rules for each Contest will set forth the limit on the number of entries per Player Account.
2.11 When you sign up to play a Contest you will be asked to create a password. It is solely your responsibility to ensure that you do not reveal your password to anyone else and to ensure that this information is kept secret at all times.
2.12 We have the right to disable any Player Account or password if, in our reasonable opinion, your account information has been compromised. You must inform us immediately if you suspect any unauthorized use of your Player Account or access to your password.
2.13 You are responsible for the secrecy of your own password. We will not be liable to you for any loss that you may incur as a result of an unauthorized person accessing your account and we accept no liability resulting from its unauthorized use, whether fraudulent or otherwise. You must inform us as soon as you become aware of any error with your Player Account or if you believe your Player Account is being misused by a third party. If you lose or forget your password you can contact us for help.
2.14 Employees of the Company are not allowed to enter any Contests provided via the Services.
2.15 The spouses or partners and household members of employees of the Company are not allowed to enter any Contests provided via the Services.
2.16 Sports athletes who are listed as participants in Matches for Contests are not allowed to enter any Contests provided via the Services.
2.17 The spouses or partners of sports athletes who are listed as participants in Matches for Contests are not allowed to enter any Contests provided via the Services.
2.18 Individuals who may have access to privileged, non-public information regarding the performance of sports athletes who are listed as participants in Matches for Contests are not allowed to enter any Contests provided via the Services.
2.19 The spouses or partners of sports trainers, managers, agents, commentators, employees of individuals who may have access to privileged, non-public information regarding the performance of sports athletes who are listed as participans in Matches for Contests are not allowed to enter any Contests provided via the Services.
3.2 Notwithstanding any other verification processes we may undertake, any account holders depositing from debit cards may be required to provide additional proof of identity to assist with age and place of residence verification.
4.1 Your Player Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Customer deposits and player prizes after Contests are finished are held in a separate, segregated bank account.
4.2 You can view transactions into and out of your Player Account in the My Account section. You are recommended to keep a record of all transactions made via the Services.
4.3 We use third-party electronic payment processors to process financial transactions executed during the use of the Services. You irrevocably authorize us to instruct such processors to handle deposits and withdrawals from your Player Account and irrevocably agree that we may give such instructions on your behalf in accordance with your requests, or as consequence of your activity regardig use of the Services.
5.1 The maximum deposit you can make into your Player Account in any 24 hour period is $1,000.00 US. Deposits can be made by credit card or debit card registered in your name only. Please note that there may be a delay before monies are credited to your Player Account and you are able to start playing.
5.2 Any funds deposited into your Player Account can only be used for playing Contests offered via the Services. Due to administrative costs, the minimum amount you can deposit into your Player Account in any one transaction is $10.00 US.
5.3 Due to administrative costs, the minimum amount you can withdraw from your Player Account in any one transaction is $20.00 US, unless you are closing your account.
5.4 To make a withdrawal from your Player Account you will need to fill out the required information on the withdraw funds page.
5.5 It may take 3 to 5 business days to process withdrawal requests. You may withdraw funds from your Player Account at any time provided all payments have been confirmed and provided you have satisfied our identification procedures. This is intended as an additional security measure to prevent any unauthorized third parties from withdrawing funds from your Player Account.
5.6 If any sum is incorrectly credited to your Player Account you are obliged to notify us, and we are entitled to reverse such credits and/or recover such sums from you, even if withdrawn by you or improperly used to participate in Services. We reserve the right to cancel or reverse any prizes to recover such sums. If you use the sums improperly credited to participate in the Services, we reserve the right to cancel any pending or live Contests and/or reverse any prizes.
5.7 You may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and submit forms of identification including but not limited to a driver's license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by us in order to complete a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined your entry did not comply with these Terms in any manner. If we request that you complete and execute an affidavit and you fail to do so within seven (7) days, or we otherwise determine that you do not meet the eligibility requirements, or are not in compliance with these Terms, we reserve the right to terminate your Player Account and withhold or revoke the awarding of any prizes associated with your Player Account. In such event, we reserve the right to pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the Rules of the Contest.
5.8 We may ask you to provide documentary evidence of your bank account, for instance in the form of a recent bank statement, before we are able to transfer the withdrawal monies into your account. You understand that we may only process withdrawal requests once we are satisfied that we have confirmed your identity. Where required by law, we will require you to furnish your tax identification number prior to payout of prizes.
5.9 In order to protect against fraud and collusion, and to comply with anti-money laundering requirements, customers may be prevented from withdrawing funds until a period of 48 hours has elapsed since their last deposit. It is therefore advised that you wait 48 hours from the time of your last deposit before making a request to withdraw funds.
5.10 Payments and withdrawals can be made using credit or debit cards registered to your address only. We may not accept certain cards for payments, deposits or withdrawals.
6.1 From time to time, we will hold funds which are not allocated to players. This may occur for a number of reasons including where a Player’s prizes are forfeited, or if we are unable to place funds in a Player Account because it has already been closed. We may use these funds as we reasonably believe to be appropriate.
6.2 You have the right to close your Player Account at any time by emailing email@example.com, provided your account does not show a balance due to us.
6.3 We may need to freeze your Player Account for any period we see fit if we reasonably believe that your Player Account may be used for fraudulent purposes or for the purposes of money laundering. We also reserve the right to freeze or immediately terminate your Player Account if we reasonably believe that you (i) are cheating, (ii) are under the legal age in the jurisdictions in which you reside, (iii) have provided incorrect and/or false information during registration of your Player’s Account, or (iv) are in a jurisdiction excluded from participation in the Services.
6.4 If no transaction has been recorded for 12 months, we will remit the balance in your Player Account to you. If we are unable to locate you, we reserve the right to use these funds as we reasonably believe to be appropriate. For the purposes of this section, a “transaction” is defined as paying an entry fee for participation into a Contest.
Our actions are not limited to the responses described above are, and we may take any other action we reasonably deem appropriate.
6.6 Any monies associated with closed accounts, including closure of accounts for non-compliance with these Terms or the Rules, are subject to forfeiture.
7.1 Entry fees and prize allocations vary depending on the Contest. See each Contest’s Rules for more information. Guaranteed prizes are offered in connection with some of the Contests. Each Contest is governed by its own set of Rules. We encourage you to read the Rules of any Contest before participating.
7.2 All Contests offered on the Website are fantasy sports contests of skill. Winners are determined by the objective criteria described in the Contest Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding Contest scoring rules. Our Services (including, but not limited to, the Contests) may not be used for any form of illicit gambling.
7.3 Contest results will be based solely on the data provided by our third party data providers, which track Contests, Match events and athlete performance. We will seek to ensure that all results for Contests are as accurate and correct as possible but the results are dependent upon the veracity and accuracy of the information provided by the third party data provider, which is subject to human error and may not be 100% accurate. As such, we cannot guarantee the accuracy of the data used to allocate points scoring in all circumstances, nor do we accept liability for any loss or damage resulting from any such inaccuracies. As with any data feed, there will always be a delay between a real-life event and that event showing up in our data feed. For more information regarding the scoring and points allocation system, please review the applicable Rules for the Contest.
7.4 We are normally able to correct mistakes within a short period of time and this may then lead to the points you have been awarded being changed during the course of a Contest. On occasion, alterations may be made to the data provided to us by our partners. In such circumstances, we retain sole and absolute discretion to make corrections or amendments to the scoring or points allocated during a Contest at any time before the prize in respect of that Contest has been paid out. Corrections or amendments will not be made to scoring or points allocation for a Contest after the prize payout has already taken place.
8.1 Once you have entered a Contest, we reserve the right to deny any requests to withdraw from it or cancel your entry fee. Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded except as specifically provided in these Terms.
8.2 We reserve the right to suspend Contest entries at any time. An investigation into unusual or suspicious patterns may be warranted thereafter, with funds returned to the relevant parties upon conclusion of this investigation. The Company is not liable to the relevant parties during the investigation into unusual or suspicious patterns.
8.3 We reserve the right to withhold payment and to cancel, suspend, and/or void any entries at our absolute discretion where: (i) there is a technological failure or other act beyond our reasonable control, including, but not limited to, an act of God, hurricane, war, fire, riot, earthquake, terrorism, an act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations), national emergency, pandemic, stoppage of Matches, or other force major event ; (ii) there is any issue with player projections included in a Contest; (iii) we suspect that you have or may have breached any of these Terms; (iv) the integrity of the Contest has been called into question; or (v) collusion between players has, or is believed to have, taken place.
8.4 There may be circumstances where entries may be declared void due to reasons specific to a particular sport and you are therefore advised to check the Rules in the event thereof.
8.5 Where a Contest or entry is declared void, any money you have staked in that Contest will be credited back to your Player Account as soon as practicable.
8.6 We reserve the right to recover from you any amount overpaid and have your authority to adjust your account to reflect the true amount and rectify the mistake.
9.1 If at any time you feel as though you are spending too much time using the Services then we would recommend that you read our section on Responsible Play.
9.2 In the event you wish to restrict your access to the Services, we provide a voluntary self-exclusion policy, which enables you to close your Player Account or restrict your ability to participate in Contests. You can ask for your Player Account to be closed or restricted at any time by emailing our customer support team at firstname.lastname@example.org.
9.3 During a period of self-exclusion we will use reasonable efforts to not send you any marketing material and we cannot accept any deposits or entries from you. Once you self-exclude you may not apply to open a new account. We will not reopen any self-excluded account, but after the expiry of the exclusion period you may contact us and ask for your Player Account to be reopened by emailing email@example.com.
9.4 In requesting self-exclusion you agree to provide full and accurate personal details, now and in the future, so as to allow access to, and/or use of, our Services to be restricted. If you do choose to self-exclude we will use all reasonable endeavors to ensure we comply with your self-exclusion. However in agreeing to self-exclude you accept that you have a parallel undertaking not to seek to circumvent the self-exclusion. Accordingly, we have no responsibility or liability for any subsequent consequences or losses, howsoever caused, that you may suffer or incur if you commence or continue to access or make use of the Website through additional online accounts in circumstances where you have changed any of the registration details or you provide misleading, inaccurate or incomplete details or otherwise seek to circumvent the self-exclusion to which you agreed.
10.1 We may offer rewards for players' loyalty and participation with the Services.
10.2 We reserve the right to alter, amend or supplement rewards from time to time at our absolute discretion.
10.3 We shall not be liable for any loss including (without limitation) any indirect or consequential loss suffered as a result of accepting or using a reward except where liability cannot be excluded by law.
10.4 No substitution or transfer of a reward is permitted except as otherwise set forth in this section. We reserve the right to substitute any advertised reward with an alternative reward of equivalent value if the advertised reward is no longer available. All rewards are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
11.1 Some of our Services may allow users to post and exchange information and content ("User Content"). We do not screen, edit or review any User Content before it is posted or transmitted. You retain the copyright and any other rights you already hold in your User Content. By submitting or otherwise posting User Content to or via any of our Services, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) license to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, sublicense, create derivative works from, and distribute your User Content, subject to these Terms, without any notice or compensation to you or any other person (the “User Content License”). When you submit or post any User Content on or through our Services and you are the author of such User Content, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such User Content. Please note that User Content displayed via our Services does not necessarily reflect our views, and we disclaim all responsibility for any such User Content and for any losses or expenses resulting from the use or appearance of User Content on our Website. We reserve the right to remove User Content at our sole discretion.
11.2 Because User Content is self-moderated, you understand that when using the Services, you might come across User Content that you find offensive or objectionable. If you do come across such content then you are free to register a complaint in relation to this. You understand that all User Content, whether publicly posted or privately transmitted when posting, sharing, displaying, sending or submitting material using our Services, is the sole responsibility of the person from whom it originated. This means that you, and not us, are entirely responsible: (i) for all User Content that you upload, post, email, transmit, or otherwise make available via our Website; and (ii) for ensuring that all User Content is accurate, lawful, and does not include misleading information or infringe or violate anyone’s rights. We do not control User Content posted via our Services and, therefore, do not guarantee the accuracy, integrity, or quality of any User Content. You therefore agree that you will not hold us responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss, injury or damages of any kind incurred as a result of the use of, or reliance upon, any User Content posted, emailed, transmitted, or otherwise made available via our Services.
11.3 If you post any User Content on the Website then you are confirming that:
12.1 You acknowledge and agree that all content that we provide via our Services, the Website and Monkey Knife Fight Fantasy App are protected by copyright, trademark, database rights and other intellectual property (“Intellectual Property”) and related rights that are owned by us or one of our licensors. You have no rights in such Intellectual Property and must not use them without our written permission. Content on the provided via the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Services and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Intellectual Property. All intellectual property rights in the name "Monkey Knife Fight", the logos, designs, trademarks and other distinctive brand features of Monkey Knife Fight and any content provided by Monkey Knife Fight for inclusion on and/or via the Services vest in the Company. You agree not to display or use such logos, designs, trademarks and/or other distinctive brand features in any manner without our prior consent.
13.1 You hereby warrant and represent that you:
14.1 Your access to and use of the Services is at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied conditions and warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
14.2 We take reasonable precautions to prevent computer viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other items that may damage the operation of computers, mobile devices, or property or otherwise engage in misuse of our Services but do not accept any liability for them. You are advised to take precautions yourself, such as the use of suitable protective software.
14.3 Access to the Services is provided by public telecommunications networks and other technology for which we have limited control. We do not accept any liability for failures or breakdowns in network communications and/or end-to-end connectivity across the Internet and/or performance problems experienced on any Internet or other networks outside our direct control. You should be aware when utilizing the Services that you may be using a connection or equipment that is slower than such equipment used by others and that this may affect your performance in time critical events offered via the Services.
14.4 We do not give any warranty as to the accuracy of any material made available via the Services and do not accept any liability for the contents of the Services or for any use of or reliance on it except where we have breached a duty imposed by law.
14.5 If for any reason we are not capable of operating the Services as planned, including, but not limited to, infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our control that may corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Services, we reserve the right, at our sole discretion, to cancel, terminate, modify or postpone the Services, including, without limitation, Contests.
14.6 We assume no responsibility for any theft or destruction of an entry or transaction, or for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line malfunction that causes the failure or untimely execution of an entry or transaction. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from the participation or downloading of any materials in this context.
14.7 We assume no liability for any losses related to the above outlined failures or caused by any disconnection from the Services. In some cases, an internet connection may result in unwanted waiting time for all players. Therefore, it is agreed that if an internet connection should interfere with Contest flow, the player using this connection will be automatically disqualified.
14.8 You agree that we are not liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party that has a connection with us. Any attempt to defraud us through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in instant termination of your Player Account, and forfeiture of any funds you may have won or deposited to which you are otherwise entitled.
14.9 We may display and make accessible promotions, advertisements, and offers provided by third parties ("Third Party Promotions"). You understand and agree that we shall not be responsible and shall have no liability for any Third Party Promotion, and that you participate in or choose to click on a Third Party Promotion solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion will be with the third party offering the Third Party Promotion and that you shall have no remedy against us arising from your participation in, or inability to participate in, any Third Party Promotion.
14.10 You acknowledge that we and our subsidiaries will hold personal information with respect to your use of the Services. You agree that we rely on this information in entering into these Terms with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
14.11 LIMITATION OF DAMAGES. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
16.1 We make every attempt to resolve complaints in a timely manner and to the satisfaction of our customers. If you do have a complaint, please email us at firstname.lastname@example.org. In relation to all complaints or disputes, we reserve the right to record all telephone and e-mail communications with you and any other person.
16.2 It shall be a condition of your agreement with us that any complaints and disputes are, and remain, confidential both while we seek a resolution and afterwards. You agree that you shall not disclose the existence, nature or detail of any complaints and/or disputes to any third party (which shall include the discussion of any such any complaints and/or disputes in any chat room or forum offered by ourselves or any third party).
16.3 YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF, OR ACCESS TO, THE WEBSITE AND/OR SERVICES, WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION 16. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED.
16.4 YOU AGREE THAT, EXCEPT TO THE EXTENT INCONSISTENT WITH THE FEDERAL ARBITRATION ACT (“FAA”) OR PREEMPTED BY FEDERAL LAW, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN US. LEGAL NOTICES SHALL BE SERVED ON THE COMPANY AT THE ADDRESS PROVIDED IN THE CONTACT SECTION ON THE WEBSITE (IN THE CASE OF THE COMPANY) OR YOUR EMAIL ADDRESS ON FILE WITH US (IN YOUR CASE). NOTICE BY US TO YOU SHALL BE DEEMED GIVEN TWENTY-FOUR (24) HOURS AFTER THE EMAIL IS SENT. ALTERNATIVELY, WE MAY GIVE YOU LEGAL NOTICE BY MAIL TO THE PHYSICAL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. IN SUCH CASE, NOTICE SHALL BE DEEMED GIVEN THREE (3) DAYS AFTER THE DATE OF MAILING, REGARDLESS OF WHETHER ANY SUCH NOTICE IS RETURNED TO US. IT IS YOUR RESPONSIBILITY TO KEEP YOUR CONTACT INFORMATION UPDATED.
16.5 WE WILL ATTEMPT TO RESOLVE ANY DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN SIXTY (60) DAYS FROM THE DATE THE NOTICE OF DISPUTE IS SENT. IF THE DISPUTE IS NOT RESOLVED WITHIN SUCH TIME PERIOD, YOU AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND THE COMPANY RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION. THE FAA GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT TO ARBITRATE.
16.6 IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATION DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
16.7 THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES AND PROCEDURES, INCLUDING THE AAA’S COMMERCIAL ARBITRATION RULES (AS APPLICABLE), AS MODIFIED BY THIS AGREEMENT. THE ARBITRATION SHALL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
16.8 TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR DISPUTE UNDER THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE OF THE CAUSE OF ACTION. IF A CLAIM OR DISPUTE ISN’T FILED WITHIN ONE YEAR, YOU ACKNOWLEDGE THAT YOU SHALL HAVE WAIVED AND WILL BE DEEMED PERMANENTLY BARRED FORM BRINGING SUCH DISPUTE.
16.9 WITH THE EXCEPTION OF ANY OF THE PROVISIONS IN THE CLASS ACTION WAIVER, IF AN ARBITRATOR OR COURT DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS AGREEMENT TO ARBITRATE SHALL STILL APPLY.
17.1 We reserve the right to change these Terms and will make reasonable efforts to ensure that you are notified of changes to the Terms before the changes take place and via an appropriate method - for example, via your registered email address, by notice on the Website, and/or other written notice provided via the Services.
17.2 If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of the remaining provisions.
17.3 No indulgence granted by us to you should be construed as a waiver of any of our rights under these Terms.
17.4 Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights to any persons not party to these Terms.
17.5 In connection with a merger, consolidation, stock sale or asset sale, we reserve the right to transfer and assign, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by these Terms.
17.6 Unless the context otherwise indicates, these Terms set out the entire agreement between you and Company and supersede all prior oral or written agreements, arrangements or understandings between you and Company.
17.7 All headings are used for convenience only and shall not affect its interpretation.
17.8 You acknowledge and agree that we may be bound (and shall be entitled) to disclose certain information about you and your Player Account to comply with court orders, subpoenas, applicable law and regulations.
17.9 It is your sole responsibility to report prizes and losses to the tax and/or other authorities of your relevant jurisdiction.
18.1 In addition to paid entry Contests, we may, at our sole discretion, hold free entry Contests ("Free to Play Contests"), either with or without real money prizes, or with prizes of value (including promotional prizes) as determined by us. For the avoidance of doubt save (i) as expressly provided in this clause 18; (ii) in the Rules for the relevant Free to Play Contest; or (iii) to the extent that these Terms are inconsistent with free entry, the whole of these Terms apply to Free to Play Contests, which are Contests for the purposes of these Terms.
18.2 The Rules for each Free to Play Contest may establish the jurisdictions in which a user must be located and of which a user must be a resident in order to enter the Free to Play Contest. Eligibility for entry into these Contests will be determined by us and can vary dependent upon the Contest, prize, sport, competition and such other variable as may be determined by us from time to time.
18.3 In order for a user to be eligible to enter a Free to Play Contest, the user must be a registered account holder authorized to utilize our Services.
18.4 Without prejudice to our rights set forth in these Terms, users may be subject to less restrictive requirements under Know Your Customer (KYC) regulations while entering exclusively Free to Play Contests, but all participants in Free to Play Contests will be required, at a minimum, to confirm that they are of the legal age in the territory in which they reside, but in all cases at least 18 years of age, to be a registered account holder. Should a user win a cash prize or (in certain circumstances a prize with value), while playing a Free to Play Contest, they may then be subject to account verification should they wish to withdraw or exchange a prize for cash (if applicable in any particular case). Failure at this time to provide satisfactory verification will result in forfeiture of prizes and could result in closure of the user’s Player Account.
18.5 The number of entries a user will be allowed enter into Free to Play Contest is at our sole discretion and may be altered from Contest to Contest. Users attempting to bypass these restrictions by using multiple accounts will be automatically disqualified and may have their Player Accounts temporarily or permanently suspended.