Welcome to the SportsBattle! (referred as SportsBattle) SportsBattle is a fantasy sports platform that allows you to join fantasy sports contest and create your own customizable fantasy sports Contests! Before using SportsBattle, please take some time to carefully read our Terms of Service below (“Terms,” or “Agreement”). These Terms constitute a binding contract between you and SportsBattle.
1. Acceptance of Terms
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
2. Modification to Terms of Service.
SportsBattle reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that SportsBattle shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services, provided that any ongoing contest shall be cancelled and you will be refunded any applicable entry fee. SportsBattle may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. SportsBattle Account
Creating Your SportsBattle Account
You may view Content (as further defined below) on the Site or App without registering for an account, but as a condition of using certain aspects of the Services, including entering Contests through the Site or App, you are required to create a SportsBattle account (“Account,” as further defined below). You must be at least eighteen (18) years of age to open a SportsBattle account for any Paid Contests or the age of majority in your applicable state. You must be at least thirteen (16) years of age to open a SportsBattle account for any Free Contests.
In order to create an account, you will need to login via your Google account. Upon verification of your account with Google, we will extract the information that you have provided to the third-party platform. You represent that the information in your Account or third-party platform’s account, and any other piece of information otherwise provided to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to suspend or terminate your Account or your access to the App if any information provided to us proves to be inaccurate, not current, or incomplete.
Upon Account creation, you are required to choose a username for yourself and submit it.
You may not use a username that promotes a commercial venture or a username that SportsBattle in its sole discretion deems offensive. SportsBattle may require you to change your username.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/mobile device, and you agree to accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Service to allow any other person to use your account to participate in any Contest. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to support@SportsBattleApp.com immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. SportsBattle cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Each individual user may establish only one (1) Account. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event SportsBattle discovers that you have opened more than one account, in addition to any other rights that SportsBattle may have, SportsBattle reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes. Nothing in this section restricts you from making multiple entries into a contest.
Purpose of Account
You agree that the sole and specific purpose of creating an account on SportsBattle is to participate in fantasy sports Contests. SportsBattle shall be entitled to suspend, limit, or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Contests on the Service. In such circumstances, we may also report such activity to relevant authorities.
Generally, you may have access to Free Contests (as further defined below) in any jurisdiction. There are restrictions, however, on who may have access to Paid Contests (as further defined below), and where those persons may access the Paid Contests. This Eligibility section applies to Paid Contests.
You must also be at least eighteen (18) years of age to participate in Contests or win prizes offered through SportsBattle Paid Contests. In jurisdictions, territories, and locations where the minimum age for permissible use of Paid Contests is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. To enter a Paid Contests, you must be at least nineteen (19) years of age if you are a legal resident of Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Alabama, Arizona, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, and Washington (the “Excluded States”) are eligible to open an account and participate in Paid Contests offered by SportsBattle.
Legal residents of the Excluded States are eligible to open and maintain accounts on the Services for use only in games that do not offer prizes. Please check these Terms for updates on included states.
By depositing money or entering a Paid Contest you are representing and warranting that:
· you are of 18 years of age or older (or the minimum age for permissible use in your local jurisdiction)
· you are a citizen or resident of the United States of America and that you have an address in the United States of America;
· at the time of deposit or game entry you are physically located in a jurisdiction in which participation in the Contest is not prohibited by applicable law or these Terms;
· you are not listed on any U.S. Government list of prohibited or restricted parties;
· you will abide at all times by these Terms of Service and any other agreements between you and SportsBattle regarding your use of the Service or participation in games;
· when depositing funds or entering a Paid Contests, you are not physically located in of any of the Excluded States;
· 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.
· When entering any Contest that awards prizes, you are not an Employee, Immediate Family Member, or operator of SportsBattle or any other daily fantasy site that charges entrance fees or offers cash prizes
· You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about Contest-related information.
SportsBattle employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Relatives of SportsBattle employees with whom they share a household are not eligible to participate in contests unless they are Free Contests with other SportsBattle employees or household members. SportsBattle consultants or promoters of the Service may play in Contests without such limitation, but only if (i) their arrangement with SportsBattle does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
If SportsBattle determines that you do not meet the eligibility requirements of this section, then you are not authorized to enter Paid Contests. SportsBattle may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If SportsBattle otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that SportsBattle may have in law or equity, SportsBattle reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, SportsBattle may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by SportsBattle in its sole discretion. SportsBattle also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
5. Availability of the Services
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
SportsBattle may limit access, via technological means, to the Site and the services in the Excluded States. If you attempt to deposit money into an Account or play in any Contest in which a prize is awarded while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We do not intend that the Site or App and the services offered thereon to be used by persons present in jurisdictions in which the playing of fantasy sports Contests may be prohibited or restricted.
After you create an account, you will be able to visit the Site or App and view the games available for entry (“Contests”). While some Contest may be free to enter, certain Contests on the Site or App will require an entry fee. It is your responsibility to know and understand the rules and required entry fees for any given Contest. Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. In particular, due to restrictions in state law, residents of the Excluded States are not eligible to participate in our Paid Contests.
Paid Contests each have an entry fee listed in US dollars. The entry fee may vary from Contest to Contest. When you choose to enter a Paid Contests and complete the entry process, the requisite entry fee will be debited from your SportsBattle account. All payments are final. No refunds will be issued. If a contest is cancelled, contest entry fee is refunded to your SportsBattle account
To be eligible to enter any Contest or receive any prize, the you may be required to provide SportsBattle with additional documentation and/or information to verify your identity as the account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an account holder, SportsBattle will, in its sole and absolute discretion, utilize certain information collected by SportsBattle to assist in verifying the identity and/or eligibility of such account holder.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is Contested and in SportsBattle’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. SportsBattle reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
SportsBattle employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Paid Contests hosted on the Site or App; provided, however, Employees and Immediate Family Members are permitted to play in Free Contests.
By entering a Contest, entrants agree to be bound by these Rules and the decisions of SportsBattle, which shall be final and binding in all respects. SportsBattle, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information SportsBattle deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:
· A professional or amateur athlete, sports agent, coach, team owner, team employee, referee or league official or employee, or an immediate family member a professional or amateur athlete, sports agent, coach, team owner, team employee, referee or league official or employee if the Contest is in the sport in which they are associated; or
In addition, conduct that would be deemed improper also includes, but is not limited to:
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent SportsBattle from pursuing criminal or civil proceedings in connection with such conduct.
Indemnification for Contest Entry
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless SportsBattle, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. SportsBattle may, in its sole and absolute discretion, require the account holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
Paid Contests offered on the Site or App are Contests of skill. Each of our Contests are governed by specific rules, as may be modified from time to time, which are set forth in the Contest official rules and are incorporated into these Terms by this reference. Winners are determined by the objective criteria described in the Contest deadline, roster, 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 information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Site, App, and Contests may not be used for any form of illicit gambling.
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 to the customer’s SportsBattle account except as specifically provided in these Terms of Service.
The players in each Contest who accumulate the most points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted Contest details. After each Contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.
Once winners are selected and prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results.
Contest prize payouts will be published with the creation of each new Contest (“Contest Prize Table”).
Prizes will be awarded as soon as reasonably practicable following the conclusion of each Contest. The prizes available for each Contest are published in the respective Contest Prize Table.
No substitution or transfer of prize is permitted except at our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a Contest, SportsBattle reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such prize. In all disputes arising out of the determination of the winner of SportsBattle Contests, SportsBattle Fantasy Inc is the sole judge and its actions are final and binding.
You acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to the Terms of Service, in any way, we may disqualify you from any Contest entered, in which case any prizes awarded to you as a result of said Contest will be immediately forfeited. You agree to cooperate with our efforts to reverse payments.
All monetary winnings will be deposited directly into your SportsBattle Account. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the Site or App and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While SportsBattle and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither SportsBattle nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Site or App and related information sources. SportsBattle and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Site or App and related information sources, and shall not be responsible or liable for any error or omissions in that information.
7. Contest Disqualification and Cancellation
You may withdraw from any Contest entered, at any time, prior to either the acceptance by us of the final Contestant’s entry, or the commencement of the Contest, whichever is sooner. If you timely cancel an entry, your entry fee will be refunded back into your Account. SportsBattle has no obligation to honor cancellation requests received after the start of a Contest.
Deposits made on our site will appear on your statement as SportsBattle Fantasy Inc. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
Disqualification and Cancellation by SportsBattle
Participation in each Contest must be made only as specified in the Terms of Service. Failure to comply with these Terms of Service will result in disqualification and, if applicable, prize forfeiture.
SportsBattle, in its sole discretion, may disqualify you from a Contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct SportsBattle deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent SportsBattle from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). This section specifically includes when a Contest Prize Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Contest is cancelled altogether, no Contest entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Contest will once again be made available to you via your account.
Deposits and Withdrawals
Creating a SportsBattle account is free. However, there are associated fees for certain Contests and Account types. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged.
To pay for such services, you must provide SportsBattle with the information necessary to process such order including, but not limited to, your billing address and payment method. You agree to pay SportsBattle the charges incurred in accordance with these Terms and applicable pay services. If you dispute any charges, you must inform SportsBattle in writing within thirty (30) days of being billed by SportsBattle. If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the Services or by email.
To participate in Paid Contests, you will be required to deposit funds into your Account by any of the methods permitted on the Services. Such funds will be deposited into your Account upon actual receipt of the funds by SportsBattle. Minimum and maximum limits may be applied to deposits into your Account, depending upon your history with the Services, the method of deposit, state-imposed deposit limits, and other factors as determined solely by SportsBattle. We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named account holder. It shall be a violation of these Terms for you to submit payment using any payment method that you are not the named account holder. In addition, to be eligible to deposit money into your Account and play in Contests that award prizes, you must not be subject to backup withholding tax from the IRS.
If any deposit is charged back any winnings generated from SportsBattle Contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. SportsBattle reserves the right to close your account – without notice – should a deposit be charged back.
By depositing funds or entering paid Contests, you agree to provide us with information we may reasonably require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in Contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. If SportsBattle requests that an entrant completes and executes such an affidavit and the entrant fails to do so within ten (10) days, or SportsBattle otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, SportsBattle reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, SportsBattle may 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.
From time to time, SportsBattle may provide you with promotional discounts or bonuses – for example, as an incentive to use SportsBattle’s Services, to establish a SportsBattle account or to refer others to sign up with SportsBattle. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, promotional discounts are non-transferrable.
You may request a withdrawal of funds from your available cash balance in your Account at any time. The minimum withdrawal is $10 U.S. dollars. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawals shall only be provided via a check payable to you, or an ACH bank transfer to your account or PayPal. SportsBattle does not permit withdrawals to a bank card or credit card.
Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Site or App. You acknowledge that, in order to complete withdrawals. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification as reasonably requested by SportsBattle in order to complete the withdrawal of prizes. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting 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 any such entrant did not comply with these Terms of Service in any manner.
Once per month, SportsBattle Fantasy Inc. shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account and credits due to SportsBattle Fantasy Inc. from credit card processors as of the end date of the immediately preceding month.
Processing of requested funds back may take up to five (5) business days; provided, however, SportsBattle reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. If you do not receive your withdrawal within five (5) business days, please contact customer support at support@SportsBattleApp.com. Checks for withdrawal requests are processed within 14 business days, and are sent via U.S. Mail.
If your Account is closed by us for a violation of the Terms, we reserve the right to determine whether to declare as void any transaction placed by you. If a prize has been awarded on a closed account due to fraud SportsBattle may withhold the prize, provided that the prize is then awarded to another participant in the Contest who would have won the prize had that user not participated. In such an event, we use your Account funds to defray the costs of administration and enforcement of the Terms.
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (defined below) or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors and/or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, SportsBattle reserves the right in its sole discretion to determine whether or not to award such prizes.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to SportsBattle. These details will be used to allow SportsBattle to comply with tax regulations and may be shared with appropriate tax authorities. It is the policy of the Site, and in compliance with United States Internal Revenue Service regulations, SportsBattle may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) with the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of $600 (USD) on the Site (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, SportsBattle may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. SportsBattle reserves the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. SportsBattle does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
Third-Party Payment Processor
By entering a Contest, you consent to SportsBattle’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other SportsBattle Contests and SportsBattle generally, unless otherwise prohibited by law. SportsBattle Inc and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. Entrants agree that SportsBattle Inc may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of SportsBattle or other Contests or games operated by SportsBattle. You agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED A WINNERS' LIST.
10.Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
2. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
3. You shall not attempt to use any method to gain unauthorized access to any features of the Services;
4. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;
5. You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;
6. You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
7. You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of SportsBattle or any third party; or that impersonates any person or entity, including any employee or representative of SportsBattle;
8. You shall not directly or indirectly take any action that imposes or may impose (as determined by SportsBattle in its sole discretion) an unreasonable or disproportionately large load on SportsBattle’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; and
9. You shall not sell or otherwise transfer your profile.
10. You are prohibited from posting content that: is direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.
If for any reason, SportsBattle determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services (or any portion thereof) by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SportsBattle RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11.Termination of Usage
You may cancel your account at any time through your account settings or by sending us an email at support@SportsBattleApp.com. Unless SportsBattle is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, SportsBattle reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions).
Following termination of your account, however, your license to use SportsBattle’s Content automatically terminates, and SportsBattle has no obligation to provide you with use of the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.
12.Advertisements and Third-Party Sites
The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.
Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with SportsBattle. Your dealings with third parties are solely between you and such third parties. You agree that SportsBattle will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SportsBattle shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
13.SportsBattle Intellectual Property and User Content
Through the Site, email, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.
SportsBattle owns or in the process of registering trademarks for its many goods and services, including the SportsBattle name and the associated graphics, logos and service marks and may not be used without prior written consent of SportsBattle. All other trademarks, product names, and company names and logos appearing within the Site or App are the property of their respective owners.
Our content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our content solely for legally permitted activities related to our Services as outlined in these Terms.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. SportsBattle shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on SportsBattle's social media pages (collectively, "Feedback") and it may share with any of its affiliates. SportsBattle will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Services or elsewhere. Without limitation, SportsBattle will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote SportsBattle, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the User Content.
To the extent that you decide to post any content (“User Content”), including your profile information, photos, or Feedback, on the Services or on SportsBattle's social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant SportsBattle all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not SportsBattle, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. SportsBattle may refuse to accept or transmit User Content. Additionally, SportsBattle shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
14. Copyright and Trademark Notices
SportsBattle complies with the Digital Millennium Copyright Act (DMCA). SportsBattle will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify SportsBattle's Copyright Agent by email at support@SportsBattleApp.com or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Services, sufficient for SportsBattle to locate the material; your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, SportsBattle has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. SportsBattle also may terminate User accounts even based on a single infringement.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Fulton County, Georgia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, SportsBattle may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SportsBattle’s sole discretion.
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on the Services are registered and unregistered marks of SportsBattle and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. SportsBattle aggressively enforces its intellectual property rights to the fullest extent of the law. SportsBattle’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site or App, without our prior, written permission. To request permission to use the Trademarks or Content on the Services, or any other SportsBattle material, please contact us.
SportsBattle DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SportsBattle SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE OR APP, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR APP OR THE CONTENT. FURTHER, SportsBattle AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, SportsBattle FANTASY INC. AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “SportsBattle") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. SportsBattle MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SportsBattle ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
16.Limitation of Liability
Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL SportsBattle, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, SportsBattle’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
17.Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
It is SportsBattle’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that SportsBattle has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, SportsBattle is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with SportsBattle, you acknowledge and agree that you will first give SportsBattle an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to support@SportsBattleApp.com.
You then agree to negotiate with SportsBattle in good faith about your problem or dispute for at least sixty (60) days after SportsBattle’s receipt of your written description of it.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, SportsBattle will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, SportsBattle will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SportsBattle AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to SportsBattle at support@SportsBattleApp.com. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, SportsBattle also will not be bound by them.
SportsBattle will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and SportsBattle agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Fulton County, Georgia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and SportsBattle shall be governed by the laws of the State of Georgia without regard to conflict of law provisions.
18.Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with SportsBattle’s prior written consent. Any assignment in violation of this section shall be null and void. SportsBattle may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
20.No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
21.Notice Policy and Your Consent
Under these Terms you are contracting with SportsBattle Fantasy Inc., a Georgia corporation. All notices should be addressed to SportsBattle Fantasy Inc. at the address in the Contact section below.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other SportsBattle company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give you notice by means of a general notice on the Services, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
22.Geographic Limits of Service
SportsBattle make no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not SportsBattle, are responsible for compliance with applicable local laws.
SportsBattle reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Geogia and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that SportsBattle and its Services are deemed passive and that do not give rise to personal jurisdiction over SportsBattle or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Georgia. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Fulton County in the State of Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
24.Integration and Severability
These Terms and other referenced material constitutes the entire agreement between you and SportsBattle with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and SportsBattle with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If you have any questions regarding these Terms or if you wish to file a Copyright Notice, please contact us at support@SportsBattleApp.com.
August 12, 2019