Terms of Service
Thank you for visiting Rivalry Games! We believe you’ll enjoy being a part of our community by participating in our online gaming challenges, contests, promotions and tournaments (collectively, “Contests“) and using other applications, tools and services that we may provide from time to time (together with Contests, the “Services“).
BY REGISTERING FOR AN ACCOUNT WITH US (your “Account“), CLICKING “I ACCEPT” BELOW, DOWNLOADING ANY SOFTWARE APPLICATION FROM US (as further defined in Section 2.2 below, “Software“), OR REGISTERING FOR OR PARTICIPATING IN ANY CONTESTS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF SERVICE AND ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED WITHIN EACH CONTEST IN WHICH YOU PARTICIPATE (“Rules“) (these Terms and Conditions of Service, the terms of any policy incorporated herein, and the Rules are collectively referred to as the “Terms“) IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. If you don’t wish to be bound by the Terms, do not click “I accept” and do not register with Rivalry Games, Inc. (“Rivalry Games“, “we” or “us“). Declining to accept these Terms means you will be unable to participate in Contests or use your Rivalry Games account.
1. GENERAL TERMS
1.1. Arbitration. ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM“) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 14 BELOW. PLEASE READ SECTION 14 CAREFULLY. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.
1.2. Changes to the Terms. At its sole discretion, Rivalry Games reserves the right to amend or replace any of the terms and conditions at any time. It will be the responsibility of you as the user to review and become familiar with all such amendments or replacements. Accordingly, you should regularly check this page for any changes to the terms and conditions. Upon the posting of any amended or replaced terms and conditions on the website, such amended and/or replaced term or condition shall be effective immediately.
1.3. Eligibility. To be eligible to register an Account, to participate in any Contest or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age, or, if a legal resident of any jurisdiction, territory or location where the minimum age for the permissible use of the Service is greater than 18 years of age, meet the age requirement in such jurisdiction, territory or location in order to participate in a Contest (for example, you must be at least 19 years of age to register for any contest within the Service if you are a legal resident of Alabama or Nebraska); (b) be personally assigned to the email address submitted during your Account registration; (c) have the power to enter into a contract with Rivalry Games; (d) be physically located within the U.S. when accessing your Account and participating in Contests; (e) be physically located within a U.S. state in which participation in the Contest you select is unrestricted by that state’s laws; (f) not be subject to backup withholding tax based upon the fact that you are exempt from backup withholding tax, the U.S. Internal Revenue Service (“I.R.S.”) has notified you that you are no longer subject to backup withholding tax, or you have been notified by the I.R.S. that you are subject to backup withholding tax because of a failure to report dividends or interest, and (g) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.
1.4. Registration. When you register for online account access, a valid email address must be provided along with a Username and Password to be used in conjunction with your Account. Please keep your username and password secret because you are responsible for all activity taken through your Account. Although we may offer a feature that allows you to “save” or “remember” your password, this feature makes it possible for third parties to access your Account, so please use that feature prudently because such use is at your own risk. We may, in our sole discretion, reject, change, suspend and/or terminate your username, and cannot and will not be liable for any damage or loss arising from your failure to comply with this Section.
1.5. Your Account. You, as the holder of your Account, are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings“). You are only permitted to establish one Account in order to participate in all Services provided by Rivalry Games. Neither your Account nor Winnings nor any Digital Assets (defined in Section 10.3) are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
1.6 Employee Participation. Rivalry Games employees may use the Services, and will from time to time do so for the purpose of testing of the user experience, socializing and competing with customers to build community, and other reasonable and fair uses at the discretion of Rivalry Games.
1.7 Consultant Participation. Individuals consulting or in any way otherwise assisting with the promotion or service of the Service may participate in contests within the Service without any limitation so long as such individuals do not have access to any non-public information or other data not made available to all users of the Service. Individuals consulting or in any way assisting or promoting the services offered by Rivalry Games may only participate in the contests as long as they are not afforded any advantage with regard to competing in such contests.
1.8. Personal Location Data: As a part of this service, we may collect location information from your device. If you would like to opt out of having this information collected, you can disable location access to any Rivalry Games app through the Settings menu on your mobile device.
2. SERVICES AND SOFTWARE
2.1. Our Services. We may also, with or without notice to you: (1) modify, suspend or terminate your access to the Website, Services and/or Software; and (2) interrupt the operation of the Website, Services and/or Software as necessary to perform maintenance, error correction, or other work. We may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice. Also, and without limiting our other rights or remedies, if you violate these Terms, we may determine that your Winnings, if any, will be forfeited, disgorged or recouped by us.
2.2. Software. If you wish to participate in Contests or receive Services, you may be required to first download certain proprietary Rivalry Games software and/or mobile applications (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively “Software“). Sometimes you will download the Software directly from us, and sometimes you will download Software from a third party, such as a game developer, but in either case your use of the Software is subject to these Terms. We license the Software to you under Section 10.2.
2.4. Beta Releases. For any Service that is identified by us as a “beta” version (“Beta Service“), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the Service. We reserve the right, in our sole discretion, not to release a final release of a Beta Service or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
2.5. Third Party Sites. You may be able to access third-party websites or services via the Software, Services or Website. We are not responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers and game developers). Your use of third-party software, websites or services may be subject to that third-party’s terms and conditions.
3. COMPLIANCE WITH LAWS
3.1. Prohibited States. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Contests (“Gaming Laws“), and that Gaming Laws are set up by each individual state. Therefore, we DO NOT offer Cash Contests to users participating in Contests in any state in which such Contest violates its Gaming Laws (“Prohibited Jurisdiction“), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Contests. Prohibited Jurisdictions include: Arizona, Iowa, Louisiana, Montana, Nevada, North Dakota, Tennessee, Vermont and Washington. Also, to participate in a Cash Contest, you must be a legal resident of the United States, have a U.S. residential address, and reside at the address for the entire time that your Account is active (a “US User“). If you open an Account and/or participate in any Contest while located in a Prohibited Jurisdiction or while not a US User, you may be in violation of Gaming Laws, in which case you will be in violation of these Terms. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction or from a non-US User. Each time you log in to participate in a Cash Contest, you must accurately confirm the location from which you are playing. Cash Contests are not available outside of the United States.
3.2. Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws“). You are solely responsible for your compliance with all Applicable Laws. Access to Contests may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Contests is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation. The Contests offered by Rivalry Games are games of skill and shall not be construed in any manner to be considered any form of gambling.
3.3. Legal Disclaimers. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY CONTEST OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
4. YOUR REPRESENTATIONS AND WARRANTIES TO US
You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these Terms, to register for an Account, and to participate in those Contests for which you register; (2) you will comply with these Terms when participating in Contests, receiving Services, and/or using Software; and (3) all information you supply to us is complete, accurate and current (and knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your Account and forfeiture of Winnings).
5. YOUR INDEMNIFICATION OF US
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of these Terms; (ii) any use of your Account by any person; and/or (iii) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
6.4. Warning. Please take care in sending us sensitive information because third parties can unlawfully intercept or access transmissions or private communications between you and us, and you acknowledge that internet transmissions are never completely private or secure.
6.6. Gameplay Dialogue. We may use third party websites and technologies to record or stream gameplay or chat dialogue occurring through the Services, including your own dialogue (“Recordings“). We use Recordings to verify compliance with these Terms and as part of marketing and promotion of the Services. Please do not submit personally identifiable information in gameplay dialogueâ€”this information is available for anyone to see and use. You may record and distribute your own recordings of gameplay dialogue for non-commercial purposes (i.e., you may not record or distribute Recordings for compensation) so long as your recording and distribution: (a) do not include other products or services that are competitive with our products or services, and (b) comply with these Terms.
6.7. Children. The Services will not knowingly accept personal information from anyone under 18 years old. If you believe that a child under 18 has gained access to the Services, please contact us at firstname.lastname@example.org. We have taken commercially reasonable steps to restrict use of Services to those who are at least 18 years old. We do not sell products or services for purchase by minors.
7. ACCEPTABLE USE POLICY
7.1. Rules of Conduct. You are personally responsible for your use of Services and Software, and while using Services and Software you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas, as determined by us in our sole discretion. We reserve the right to disable a player’s ability to upload profile photos or edit their username at any time.
- Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.
- You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion.
- Service usernames will be displayed as â€˜Your Name’; impersonating other players is not allowed.
- Do not share personal information (your name, phone number, home address, and password) with other users.
- Do not transmit or upload any copyrighted, or trademarked materials in messages or postings.
- Information disclosed in chat rooms, message boards, gameplay dialogue or via eMessages is revealed to the public, and we are not responsible for information you choose to disclose to others.
- Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
- You may not attempt to participate in any Service by means of automatic, macro, programmed, or similar methods.
- You may not commit fraud with regard to any Service.
- You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).
You may not make any commercial use of any of the information provided on the Website or through the Services nor make any use of the Website or Services for the benefit of a business.
7.2. Your Content. You acknowledge that the Service is a passive conduit for user content and that we do not pre-screen user content or communications. In some instances, communal areas may be hosted or moderated by a third-party. Any opinion, statement or action by that third party host or moderator expresses only his or her own views or opinions and does not represent the views or opinions of Rivalry Games. We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. In addition, we may terminate your access to any public forums at any time, without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive messages and material that is related to the subject matter of the public forums, complies with Applicable Laws, and conforms to any additional terms of service we post in the public forums. You may not upload to, distribute, or otherwise publish any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion and may not reflect our opinions. Subject to the foregoing, we may edit, refuse to post, or to remove any information or materials that you submit to us, in our sole discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content. We may, but shall not be obligated to, remove or edit any of your submissions or content for any reason.
7.3. Cheating, Fraud, and Abuse. In accessing or participating in Services or using the Software, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services or Software. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in Services or using the Software, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players, deliberate transfer of money between accounts (e.g., “money laundering), harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account or, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: (1) immediate termination of your Account and blocking of your access to the Website and Services; (2) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (3) any Winnings received by you shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
7.4. Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other user’s account, interfere with procedures or performance of Services, Software or the Website, or deliberately damage or undermine the Services or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Services or your Account.
7.5. Restrictions. Any use, reproduction or redistribution of the Service, Software, or related products or services (including without limitation, Digital Assets, as defined in Section 10.3) not expressly authorized by these Terms is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means through which others may use Services such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers’ network infrastructure, or that could damage, disable, overburden, or impair our Websites or Services; (d) interfering with any other party’s use and enjoyment of Services and/or Software (including cheating) or the Website; and/or (e) attempting to gain unauthorized access to third party accounts, the Service, or Software.
8. WINNINGS, ACCOUNT FUNDS, AND PAYMENTS
8.1. Fees. The entry fee for participating in a Rivalry Games Contest will be listed in U.S. dollar amounts. If there are Fees charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. We may change the price of Services at any time, but no price change will affect your past purchases.
8.2. Billing. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we’ll not be liable for any losses resulting from the error and we won’t be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
8.4. Bonus Funds. From time to time in our sole discretion, Rivalry Games may grant users bonus funds and/or credits (“Bonus Funds“). Bonus Funds are converted into a Cash Player's account as that player enters Cash Contests. Unless otherwise stated, any unconverted Bonus Funds remaining in a user's account 60 days after it has been initially credited can be removed by Rivalry Games. Rivalry Games also reserves the right to retract user Bonus Funds if that user immediately withdraws money after a deposit which delivers the Bonus Funds, or for any other abuse of the Bonus Funds system.
8.5. Withdrawals. If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time. Virtual assets cannot be withdrawn. Processing of requested funds may take up to thirty (30) days; provided, however, that we may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility, or to comply with Applicable Laws.
8.6. Closing Accounts; Forfeiture of Funds. If you close your Account, we will return the funds in your Account subject to the terms of Section 8.4. If we unilaterally close or terminate your Account for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or Sections 2.1, 4, 7.3, 7.4, 8.6 or 8.11 hereof, we may use these funds to defray the costs of administration and enforcement of these Terms, allocate or disburse such amounts to other Services, or donate these funds.
8.7. Refund Policy. Unless otherwise required by law, no refunds are given.
8.8. Contests. Contests offered by Rivalry Games are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, rules, scoring and any other applicable documentation associated with the Contest. Rivalry Games reserves the right to cancel Contests. Rivalry Games reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by Rivalry Games in its sole discretion, including Contests that do not fill. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. Through your registration and use of the Service, you unconditionally agree that Rivalry Games shall serve as the sole judge and arbiter as to the determination of a winner(s) in all Rivalry Games Contests in the event a dispute arises. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Rivalry Games sole discretion.
8.10. Winnings. If you are eligible to receive Winnings, we may require that you provide us with proof that you are, or were at the time of your participation in the subject Contest, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.
8.11. Credit Card Use. When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
8.12. Taxes. We may send you an IRS Form 1099-MISC or other appropriate form if your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you form W-9 and/or additional federal or state tax forms. We may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
9. EXCLUSIONS OF LIABILITY
Rivalry Games is not responsible for the following:
- any incorrect or inaccurate user information intentionally or mistakenly provided by a user;
- human error out of the control of Rivalry Games;
- technical malfunctions;
- public utility failures or telephone outages;
- interruptions, omissions, latency, deletions or defects of any network computer online systems, telephone system, computer equipment, data, providers, software or servers, including but not limited to, operating systems and software that fail to permit a user account to utilize the services offered by the Service;
- any damage to any user’s personal computer equipment that related to or resulted from use of the Service, but was not in any way the fault or responsibility of Rivalry Games;
- destruction, tampering, theft or unauthorized access to any images found within the Service;
- any data that is incorrectly processed, processed too late or is incomplete or lost due to a malfunction of a telephone or computer or any other form of electronic malfunction or congestion of telephone lines or any other form of transmission of information;
- any data that is incorrectly processed, processed too late or is incomplete or lost due to an Internet related problem or any service provider’s malfunction or other website’s malfunction;
- incomplete, misdirected, stolen and/or illegible Contest entries;
- unavailability and/or or corruption of the Service Contests due to a virus, bug, outside or unauthorized intervention with the Service administration, unlawful or improper actions by a Service user, fraud, technical failures, or anything else that causes the Service to be corrupted or affects the administration, security, integrity, fairness and day to day operation of the services provided by the Rivalry Games Service, at its sole and absolute discretion; and/or
- any typographical, printing error or other inadvertent error by an employee or representative of Rivalry Games that requires rectifying and relates in any way to a contest provided by the Service.
10. PROPRIETARY RIGHTS
10.1. Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit, and display any and all communications, materials, content and information that you submit to us, whether directly or through the Website, Services or Software (“Content“), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions, or the like, will be treated by us as non-confidential and non-proprietary. Subject to these Terms, we may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching these Terms. You represent and warrant to us that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, we may permanently delete your Content from our servers and we have no obligation to return Content to you.
10.2. Software License. Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software, in object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You may not network the Software among devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Software, or its structural framework; (ii) create derivative works of the Software; (iii) use the Software in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
10.3. Digital Assets. Some Services and Software may allow you to create digital objects, such as avatars. Such digital objects, in addition to any digital or virtual objects or assets we assign to your Account, such as “FantasyPoints, virtual trophies or virtual goods, are collectively referred to as “Digital Assets“. You acknowledge that because all Digital Assets are created through the Software and/or Services, we solely and exclusively own all Digital Assets. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform, and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell, offer to sell, import, and otherwise exploit any product or service based on, embodying, incorporating, or derived from Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of Services.
10.4. Ownership. All content of the Website, the Software, Services, and all Rivalry Games products and services, and all Rivalry Games logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, and all Digital Assets, and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein: no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
11. TERM AND TERMINATION
These Terms apply to you and to us from the date that you accept them as provided above, until termination of your Account (whether by deactivation, cancellation, closure, expiration or termination by you or us). You may terminate these Terms at any time and for any reason by going to your Account webpage and following the account closure process. Upon termination of your Account, you must immediately discontinue use of the Services and the Software and your Account and promptly uninstall and delete all copies of the Software. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use Digital Assets. Your obligation to pay accrued Fees will survive any termination of these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination (including without limitation Sections 4, 5, 6, 9, and 11 through 14 (inclusive).
We strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.
ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM.
We are not responsible or liable for any damage, loss, or injury resulting from, relating to or arising out of (1) use, access, or attempted use or access of Services, Digital Assets, the Software or the Website; (2) downloading any information from the Software, Services or Website; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
13. LIMITATIONS OF LIABILITY
NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain states do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1. General. This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action, or other controversy between you and us concerning these Terms, the Services or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “”Dispute“” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Rivalry Games Customer Support, 9415 Culver Blvd, Culver City, CA 90232. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration. You may also litigate any Dispute in small claims court in your county of residence or Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
14.2. Binding arbitration. If you and we do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
14.3. Class action waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
14.4. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA“) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in Los Angeles, California, USA. You may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
14.5. Claims or Disputes must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute isn’t filed within one year, it’s permanently barred.
14.6. Equitable Relief. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
Rivalry Games is in no way currently affiliated with any professional sports league or team. Moreover, Rivalry Games is in no way currently serving as a sponsor for any professional sports league or team.
Rivalry Games failure or inability to comply with any portion of these terms and conditions due to an act of God, natural disaster, terrorism, act of public enemies, actions of governmental authorities outside the control of Rivalry Games (except for compliance with applicable laws, regulations and codes), or any other force major event shall not be considered a breach of these terms and conditions.
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software. You consent to our providing you notifications about the Terms and Conditions of Service.