STAKES TERMS OF SERVICE

Welcome to the High Stakes LLC (“Stakes“, “we“, or “us“) Terms of Service (the “Terms“). Please read these Terms carefully because they govern your use of the Stakes mobile device applications (the “App(s)“) and the Stakes web sites (the “Site(s)“) at www.playwithstakes.com. For simplicity purposes, the Apps, Site and other Stakes services, inclusive of all content provided, will be collectively referred to in the Terms as the “Services“. By creating an account, using the website, downloading the Stakes mobile App, and/or using the Services you (“User(s),” or “you“), acknowledge and agree to these legally binding Terms. You also agree to the Stakes Privacy Policy (“Privacy Policy“) and all other operating rules, policies, and procedures that may be published on the Services by Stakes, which are incorporated by reference.

 

By using or visiting our Services, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. If you do not agree to these Terms, do not use the Services.

 

These terms were last updated on July 1, 2021.

 

CHANGES TO TERMS

 

Stakes reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we may notify you by contacting you through the Services, and/or the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Stakes. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

 

PRIVACY POLICY

 

Please refer to our Privacy Policy at https://playwithstakes.com/privacy-policy/ for information on how we collect, use and disclose information from our Users.

 

RIGHTS OF USE – SERVICES

 

You must be at least 18 years of age, and, where law requires an older legal age, of legal age for contractual consent, or older to use this website and/or the Services. BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER, WHERE AND WHEN REQUIRED. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SERVICES, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. FOR CERTAIN GAMES WITHIN THE SERVICES, STRICTER AGE REQUIREMENTS MAY APPLY. THESE STRICTER REQUIREMENTS WILL BE SPECIFIED IN THE OFFICIAL RULES THAT ARE EXPRESSLY REFERENCED FOR EACH GAME. The Services are available to Users who have properly registered with the Services and whose rights to use the Services have not been suspended or removed by Stakes for any reason. Rights of use are available only to Users who have completed the information required by the Services’ registration form(s). If you do not qualify, you may not use the Services. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form(s), and you further agree to update such information as needed to keep it true, accurate, current, and complete. Rights of use are void where prohibited by law. Stakes reserves the right to revoke or prohibit your use of the Services for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms or the Privacy Policy.

 

Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you. Our Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising on the Services are also subject to change over time. In consideration for providing you the Services, you agree that we and our third-party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services.

 

Stakes makes 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 Services are 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. Stakes 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.

 

RIGHTS AND TERMS FOR APPS

 

Subject to your compliance with these Terms, you have the right to download and install a copy of any Apps to your mobile device for your own personal use. With respect to each App you download, you may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Services; (iv) make the functionality of the App or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

You shall not download any content, software or services unless you see a “download” or similar link displayed on the Services for that content.

 

You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Stakes or the respective licensors of the content. Stakes and its licensors reserve all rights not expressly granted in and to the Services and their content. 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 content or enforce limitations on use of the Services or the content therein.

 

You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Services.  You must comply with the terms of any applicable policies posted in our Services, including any Acceptable Use Policy. You may not:

 

  1. restrict or inhibit any other user from using and enjoying the Services;
  2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
  3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Stakes) or engage in spamming or flooding;
  4. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
  5. upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto;
  6. resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them;
  7. use email addresses obtained from the Services for solicitation purposes of any kind, directly or indirectly;
  8. use data mining, robots or other similar data gathering and extraction tools; 
  9. access (or attempt to access) the Services or any content therein through any automated means (including use of any script or web crawler, page-scrape, spider, robot, index, Internet agent or other automatic device, program, algorithm or technology which does the same things) including without limitation, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website;
  10. make any derivative works based, in whole or in part, on any portion or all of the Services;
  11. use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Services;
  12. mirror or cache or store any pages or portions of the Service;
  13. co-brand any portion of the Services;
  14. otherwise imply any relationship with or endorsement of your brands or services;
  15. use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services;
  16. portray Stakes or any company affiliated with it in a negative manner or otherwise portray its Services in a false, misleading, derogatory or offensive manner;
  17. use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Services;
  18. attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process;
  19. post or transmit any photograph or likeness of another person without that person’s consent, if and to the extent necessary under applicable laws;
  20. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the Services and by the provider of such information, software or other material); or
  21. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.

 

Stakes has no obligation to monitor the Services. However, you acknowledge and agree that Stakes has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Stakes reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.

 

Certain material you may post on our Services is or may be available to the public, including without limitation any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, images, videos, poll answers, etc., in any form or media, that you post via the Services or otherwise (collectively, “Public Postings”).  These Public Postings will be treated as non-confidential and nonproprietary.  You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.

 

Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Services or otherwise (to the extent excluding any Personally Identifiable Information, collectively, “Submissions”), will be treated as non-confidential and nonproprietary. Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Services or otherwise (to the extent excluding any Personally Identifiable Information, collectively, “Submissions”), will be treated as non-confidential and nonproprietary. You shall be solely responsible for your own content and any Public Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit.  You further agree that content you submit via Public Postings or Submissions 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 us all of the license rights granted herein. You further agree that you will not submit to the Services any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

 

If for any reason, Stakes 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.

 

The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”). You acknowledge and agree that:

 

  • These Terms are concluded between you and Stakes, and not with the App Provider. Stakes is solely responsible for the App.
  • The App Provider has no obligation to provide maintenance and support services with respect to the App.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.

 

Apple Inc., Alphabet Inc., and Google and any of their subsidiaries are not sponsors of Stakes and are not involved in any way with the contests and sweepstakes made available therein.

 

Certain third parties may be third party beneficiaries to this contract. For example, without limitation, Apple Inc., Google, Inc., and/or Microsoft Corporation may be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. However, your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

 

LAWFUL USE RULES AND CONDUCT

 

User shall use Services for lawful purposes only. User shall not post or transmit through Services any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable in the opinion of Stakes in its sole discretion; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Stakes shall have expressly approved such material in advance of its transmission. Any conduct by a User that in our discretion restricts or inhibits any other User from using or enjoying the Site and its services is expressly prohibited.

 

CONTESTS

 

Stakes offers a platform where Users can engage in social conversation and play games in advance of, and during, live events such as sporting contests. The goal of the games is to correctly answer questions to predict future events and trivia questions.

 

After you create an account, you will be able to comment, post questions, and answer questions (“Contests“). Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize.

 

The Official Rules (“Rules“) can be found at www.playstakes.co/official-rules and may be modified from time to time, and are incorporated into these Terms by this reference. We strongly encourage you to read the Official Rules for each game to understand the game mechanics, scoring system, how to win any prizes that are available, and how to claim an awarded prize. You must first register with a valid email address in order to claim an awarded prize. 

 

Winners are determined by the objective criteria described in the Rules. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant information to accumulate either points based on correct answers or correct picks according to the corresponding scoring rules. The Site, App, and Contests may not be used for any form of illicit gambling. There are no cash prizes, nor any other prizes of any cash value. Contest winners may achieve “badges” or virtual trophies or other virtual prizes or the like, but these have no cash value, and will be lost if and when your account is closed. There is no gambling permitted via the Services. You shall not use the Services or Contents to gamble offline based on the results of the Contest or Services. Any virtual “coins” within the Services have no cash value and will be forfeited if and when your account is closed – these virtual coins may be earned or purchased solely to use within the Services, such as to obtain additional entries, second chances, and the like. 

 

CREATING AN ACCOUNT

 

You may view content on the Services for Stakes without registering for an account, but as a condition of using certain aspects of the Services, including entering Contests, you are required to create an account (“Account“). You represent that the information in your 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 Services if any information provided to us proves to be inaccurate, not current, or incomplete.

 

You are solely responsible for maintaining the confidentiality of your account and password 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 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@playwithstakes.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.

 

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 Stakes discovers that you have opened more than one account, in addition to any other rights that Stakes may have, Stakes 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.

 

By registering, creating an Account, or otherwise accessing or using the Services, Site or App, you hereby opt-in and provide your consent to allow us to contact you in any manner, including without limitation by email and/or text messaging. You can opt-out in writing as permitted by applicable laws.

 

PURPOSE OF ACCOUNT

 

You agree that the sole and specific purpose of creating an account on Stakes is to participate in Stakes Contests. Stakes 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.

 

ELIGIBILITY

 

You must also be at least eighteen (18) years of age, or other legal age of consent if higher, to participate in Contests or win virtual prizes offered through Stakes. 

 

By entering a Stakes Contest you are representing and warranting that:

 

  • You meet the minimum age for permissible use in your jurisdiction;
  • 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 and any other agreements between you and Stakes;
  • You are not subject to backup withholding tax;
  • You are not 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
  • You are not a person prohibited from participating pursuant to court order.

 

PUBLICITY

 

By entering a Contest, you consent to Stakes’ and its 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 Stakes Contests and Stakes generally, unless otherwise prohibited by law. Entrants agree that Stakes may announce any leaderboard leaders, or 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 Stakes or other Contests or games operated by Stakes. You agree that participation in and (where applicable) the winning of a virtual or other 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.

 

CONTEST STATISTICS AND LIVE SCORING

 

To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the Services 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 Stakes and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither Stakes nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. Stakes 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 Services and related information sources, and shall not be responsible or liable for any error or omissions in that information.

 

DISQUALIFICATION AND CANCELLATION BY STAKES

 

Participation in each Contest must be made only as specified in the Terms. Failure to comply with these Terms will result in disqualification and, if applicable, prize forfeiture. Stakes, in its sole discretion, may disqualify you from a Contest or the entire Service, refuse to award points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Stakes 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.

 

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.

 

BONUSES AND PROMOTIONS

 

From time to time, Stakes may provide you with promotional discounts or bonuses – for example, as an incentive to use Stakes’s Services, to establish a Stakes account or to refer others to sign up with Stakes. 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.

 

COPYRIGHTS AND TRADEMARKS

 

All content included in the Services, such as text, graphics, logos, icons, images, audio clips, and digital downloads, is the property of Stakes or its content suppliers and protected by United States and international intellectual property laws. All software used on this Site is the property of Stakes or its software suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Stakes and protected by U.S. and international copyright laws. We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and all information, content, Software, and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services, including without limitation any aggregated and anonymized data extracted or derived from the Service, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files. We own the rights to any metadata we collect from or about your use of the Services. Without limiting the generality of the foregoing, we reserve the right to create and market public indexes, analysis or insights created from such data. You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by us, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.

 

LINKS TO THIRD PARTY WEBSITES OR RESOURCES

 

The Services may contain links to third-party websites or resources, and/or utilize third-parties to supply content, information or services (such as without limitation “live” (or slightly delayed) scoring results. We use these providers and provide these links only as a convenience and are not responsible for the content, information, products or services on or available from those websites or resources or links displayed on such sites. If you use any third-party resources, such use may be subject to additional third-party terms and conditions, for which you are responsible to comply with. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

 

Without limiting the generality of the foregoing, we may elect, in our discretion, to utilize social logins or APIs, allowing you to login to the Services via other third party authentication services, and/or to post or share your results (or other content about the Services or Contests) to social media sites such as (without limitation) your Facebook, Twitter, LinkedIn, Google, Instagram, Tik-Tok, or other social media sites.  You understand that these are unaffiliated third-party services, and this in no way creates and endorsement of, by or from us to them or vice versa, that we are not responsible for their logins, systems or data, and that by using such third party logins, you may be subject to their respective privacy policies and other terms of use.

 

INDEMNITY

 

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Stakes, its parent corporation, affiliates, and each of its and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that material you submitted through the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and after your use of the Services.

 

TERMINATION

 

You may cancel your account at any time through your account settings or by sending us an email at support@playwithstakes.com

 

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnity, warranty disclaimers, limitations of liability, and dispute resolution provisions.

 

WARRANTY DISCLAIMERS

 

STAKES DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, STAKES 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, STAKES AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

 

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.

 

LIMITATION OF LIABILITY

 

Neither Stakes nor any other party involved in creating, producing, or delivering the Services will be liable for (a) any incidental, special, exemplary or consequential damages, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Stakes has been informed of the possibility of such damage, even if a limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; nor (b) any amount greater than the greater of (x) $100; or (b) amounts you  have paid in the immediately prior 6 months to access and use the Services. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.

 

DISPUTE RESOLUTION

 

These Terms of Service shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute that arises in whole or in part from the Site shall be resolved by binding arbitration in New York, New York using the Commercial Dispute Resolution Procedures for Consumer-Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms, and will be administered by the AAA. Notwithstanding the foregoing, User and Stakes agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a U.S. court or law or (iii) file suit in a court of law to address intellectual property infringement claims. To the extent that any lawsuit or court proceeding is permitted under these Terms of Service, User and Stakes agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating all such disputes.

 

CALIFORNIA DISCLOSURE

 

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

GENERAL

 

INTEGRATION AND SEVERABILITY

 

You agree that these Terms, along with the Stakes Privacy Policy and any relevant game-specific Official Rules, constitute the entire and exclusive understanding and agreement between Stakes and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Stakes and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

ASSIGNMENT

 

You may not assign or transfer these Terms, by operation of law or otherwise, without Stakes’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Stakes may freely assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

LIMITATION OF TIME TO BRING CLAIMS

 

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.

 

NOTICE POLICY AND YOUR CONSENT

 

Under these Terms you are contracting with High Stakes, LLC. All notices should be addressed to High Stakes, LLC at the address in the Contact section below. 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.

 

Any notices or other communications provided by Stakes under these Terms, including those regarding modifications to these Terms, may be given: by Stakes (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of delivery will be deemed the date on which such notice is transmitted.

 

NO WAIVER

 

Stakes’ failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Stakes. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

CONTACT

 

If you have any questions regarding these Terms, please contact us at legal@playwithstakes.com, or Stakes, 555 W. 18th Street, New York, NY 10011, Attn: Legal

 

FEEDBACK

 

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback“). You can submit Feedback by contacting us in any manner, including without limitation by emailing us at info@playwithstakes.com or support@playwithstakes.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

YOU HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS, THE PRIVACY POLICY AND THE RULES AND AGREE THAT YOUR USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

 

If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Stakes’ designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at DMCA@playwithstakes.com. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.

 

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 counter-notice containing the following information to the Copyright Agent:

 

  • Your physical or electronic signature;
  • 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;
  • 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
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in New York, 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, Stakes 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 or more business days after receipt of the counter-notice, at Stakes’ sole discretion.

 

Stakes will terminate user accounts that receive three (3) DMCA strikes. A “DMCA strike” accrues each time that material is removed from a user’s account due to a DMCA notice. We may group multiple DMCA notices received within a short period of time as a single DMCA strike.

 

We may remove a DMCA strike in appropriate circumstances, such as where (1) the underlying material is ultimately restored due to a DMCA counter-notification; or (2) the claimant withdraws the underlying notice.

We may terminate user accounts that receive fewer than three (3) DMCA strikes in appropriate circumstances, such as where the user has a history of violating or willfully disregarding our Terms.

You may also mail DMCA notices to the Stakes copyright agent at:

 

Stake

555 W. 18th St.

New York, NY 10011

Attn: Legal – DMCA Copyright Agent