Terms and Conditions
October 24, 2023
1. INTRODUCTION AND ACCEPTANCE
1.3. CERTAIN SERVICES OR PORTIONS OF OUR SERVICES ARE AGE RESTRICTED. IF YOU ARE UNDER 18 YEARS OF AGE AND HAVE ACCESSED OUR SERVICES BY PROVIDING A FALSE DATE OF BIRTH, YOU MUST IMMEDIATELY STOP USING OUR SERVICES. IF YOU BELIEVE SOMEONE UNDER 18 YEARS OF AGE HAS PROVIDED US WITH INFORMATION BY OBTAINING ACCESS IN VIOLATION OF THE APPLICABLE SERVICES’ ACCESS RESTRICTIONS, PLEASE CONTACT US IMMEDIATELY AND THIS INFORMATION WILL BE REMOVED.
2. INTELLECTUAL PROPERTY
3. ACCESS AND USE
3.1. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES (SEE BELOW), OR OTHERWISE PROVIDE OR SUBMIT TO US ANY PERSONAL INFORMATION, OR USER CONTENT (DEFINED BELOW).
3.2. You represent and warrant that you: (a) have not previously been suspended or removed from our Services or from any other offerings by SimpleBet; (b) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; and (c) that you understand that the use of our Services is at your own risk.
3.5.1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
3.5.2. circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
3.5.3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our Services (or any portion thereof) or Service Content for any purpose without our express written permission;
3.5.4. collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses, etc.;
3.5.5. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
3.5.6. attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
3.5.7. decompile, reverse engineer, or disassemble any portion of our Services or other Service Content;
3.5.8. use network-monitoring software to determine architecture of or extract usage data from our Services;
3.5.9. encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
3.5.10. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the U.S. Department of Commerce; or
3.5.11. engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
4. USER CONTENT
4.1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “Submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
4.2. You shall not Submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you Submit.
4.3. You represent, warrant, and covenant that you will not Submit any User Content that:
4.3.1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
4.3.2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable or otherwise violates any applicable law;
4.3.3. encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
4.3.4. is an advertisement for goods or services or a solicitation of funds;
4.3.5. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
4.3.6. contains a formula, instruction, or advice that could cause harm or injury;
4.3.7. is a chain letter of any kind;
4.3.8. the Company, in its sole discretions, determines to be inappropriate.
4.5. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
5. SERVICE CONTENT & THIRD PARTY LINKS
5.1. We provide our Services including, without limitation, Services Content for entertainment, and promotional purposes only. You may not rely on any information and opinions expressed on any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
5.2. In many instances, Service Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
5.3. If there is a dispute between persons accessing our Services or between persons accessing our Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release SimpleBet its officers, directors, members, shareholders, employees, parents, partners, including, without limitation so-called distribution and marketing partners, licensees, successors and assigns, agents, representatives, affiliates, subsidiaries, and their related companies (collectively, “SimpleBet Parties”) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
5.4. Our Services may contain links to other websites, social media pages, or applications maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the actions of, or the content found on these third party websites, social media pages, or applications. You assume sole responsibility for your use of third party links. We are not responsible for any content posted on third party websites or applications or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website, social media pages, or applications.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLEBET AND THE SIMPLEBET PARTIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICES CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES OR SERVICES CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES WILL BE CORRECTED.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND OUR SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON AND YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OF FEES, IF ANY, FOR INTERRUPTION OF OUR SERVICES. INFORMATION OBTAINED THROUGH OUR SERVICES HAS NOT BEEN VERIFIED, AND THE COMPANY DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
9. LIMITATION ON LIABILITY
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
10.1. We reserve the right in our sole discretion and at any time to terminate or suspend or block your use of our Services for any reason including, without limitation, if you have
11. CHOICE OF LAW; JURISDICTION AND VENUE
12. DISPUTE RESOLUTION & MANDATORY ARBITRATION
12.1. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at the information below. We will contact you based on the contact information you have provided us or that we obtain by other means.
12.2. If after thirty (30) days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
12.3. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at (800) 352-5267.
12.4. We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction
12.5. Either party may bring qualifying claims in small claims court. Further, pursuant to the “NO CLASS ACTION” section below, we each agree that any arbitration will be solely between you and SimpleBet, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the class-wide dispute must be brought in court.
13. NO CLASS ACTIONS
TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
14. NO TRIAL BY JURY
TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
15. AMENDMENT; ADDITIONAL TERMS
16.1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
17. CONTACTING SIMPLEBET
You may contact us at:
373 Park Avenue South, 9th FL
New York, NY 10016