HOT HAND. - TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE, THE GAMING PLATFORM AND THE SERVICES (AS THE TERMS “SITE” AND “SERVICES” ARE DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT CONTINUE USING THE SITE. BY CLICKING ON “SUBMIT” OR “I AGREE” AND/OR BY USING THE SERVICES AND/OR THE SOFTWARE (AS THE TERM “SOFTWARE” IS DEFINED BELOW) YOU AGREE TO THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.

THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT BETWEEN YOU AND US. YOU SHOULD PRINT OFF A COPY OF THESE TERMS AND CONDITIONS AND KEEP THEM IN A SAFE PLACE.

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS SET OUT BELOW. PLEASE MAKE SURE YOU FULLY UNDERSTAND THE CONTENTS OF THESE TERMS AND CONDITIONS. IF YOU HAVE ANY DOUBTS ABOUT ANY OF YOUR RIGHTS AND OBLIGATIONS RESULTING FROM ENTERING INTO THESE TERMS AND CONDITIONS, PLEASE CONSULT A LEGAL ADVISER IN YOUR JURISDICTION.

THESE TERMS AND CONDITIONS TOGETHER WITH OUR PRIVACY POLICY AND THE GAMING RULES (COLLECTIVELY THE “TERMS AND CONDITIONS”) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE, THE GAMING PLATFORM AND THE SERVICES AND SUPERSEDE ANY OTHER AGREEMENT (WHETHER ORAL OR WRITTEN) BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE, THE GAMING PLATFORM AND THE SERVICES.

CERTAIN TERMS AND CONDITIONS ONLY APPLY TO RESIDENTS OF THE UNITED STATES OF AMERICA AND THESE ARE SET OUT IN CLAUSE 35 BELOW.

YOU MAY NOT USE THE SERVICES FOR ANY ILLEGAL PURPOSE. IF YOU DISCOVER THAT ANY PARTY IS USING THE GAMING PLATFORM, SERVICES OR THE SITE FOR ANY SUCH PURPOSE, PLEASE NOTIFY HOT HAND. IMMEDIATELY AT [email protected]

Certain words and phrases are deﬁned in these Terms and Conditions. In addition, in these Terms and Conditions, the following words and phrases have the following meanings:

“Applicable Laws” means laws applicable to You and/or to Us in relation to the Services;

“Chat” has the meaning in Clause 7.1;

“Contest” has the meaning in Clause 6.1;

“Customer” means all end users of the Site (including You) who use the Services and who have agreed to these Terms and Conditions;

“DMCA” has the meaning in Clause 25;

“Excluded Customer” has the meaning in Clause 8;

“Force Majeure Event” has the meaning in Clause 22;

“Liability” has the meaning in Clause 7.2;

“Privacy Policy” means that policy which can be found at https://voat.io/privacy_policy “Prohibited Jurisdiction” has the meaning in Clause 4.4;

“Security Reviews” means reviews undertaken by Us in relation to anti-money laundering, prevention of terrorist ﬁnancing and other reviews We deem reasonable in relation to the security of the Site and the provision of the Services under Applicable Law;

“Services” means the provision by Us of competitions in accordance with the Oﬃcial Rules via the Site;

“Site” means the website www.playhothands.com together with any website that we may use to provide the Services to Customers;

“Software” has the meaning given in Clause 10;

“Third Party Content” has the meaning in Clause 18;

“Hot Hands.”, “Us”, “Our” and/or “We” means Forever Network Inc, a corporation incorporated under the laws of the Delaware, and having a registered oﬃce address at 555 10th Avenue, New York, NY;

“User Submissions” has the meaning in Clause 7.1;

“You” and/or “Your” means you, the person using the Site, Gaming Platform and the Services; “Your Account” has the meaning in Clause 8.1;

“Your Device” means any apparatus used by You to access the Services including but not limited to mobile phones, smart phones, desktop computers, laptop computers and internet enabled televisions;

In these Terms and Conditions, references to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation. Reference to legislation shall include such legislation as amended or re-enacted, together with all secondary legislation made thereunder.

WHO WE ARE

Hot Hand offers a Sports Bingo game, where customers engage in a bingo-style contest centered around sports and esports events. Participants earn completed tiles by matching predicted outcomes in sports events to their Bingo cards.

The winner is determined throughout the competition based on the first subset of users to achieve a designated win condition, aligning with the traditional bingo format. Prizes are awarded to those who achieve this first. In the event that these Terms and Conditions are translated into another language, the English language version shall prevail.

If there is any inconsistency between these Terms and Conditions and any document incorporated by reference (including the Oﬃcial Rules) these Terms and Conditions will prevail.

If You have any questions about the Site or the Services, or in the event that You have any complaint or dispute regarding the Services, You should email Our customer services team at [email protected]

APPLICABILITY OF THESE TERMS AND CONDITIONS

You agree that You will only use the Site for Your personal entertainment and that You will not use the Site to conduct a commercial business or as a way of making a living.

By using the Site and the Services, You agree to these Terms and Conditions. In the event that You do not wish to be legally bound by these Terms and Conditions You should immediately stop using the Site. Your attention is drawn to Our Privacy Policy which sets out how We process and protect Your personal data.

You agree that Your failure to comply with these Terms and Conditions may result in the closure of Your Account and/or legal action by Us against You.

AMENDMENTS TO THESE TERMS AND CONDITIONS

We reserve the right to amend these Terms and Conditions (including to rectify errors or mistakes discovered on the Site) without prior notice.

However, We will ensure that any material changes to these Terms and Conditions will be notiﬁed to You by an appropriate method (for example via a prominent notice on the Site). The changes will apply to the use of the Site and the Services after We have given notice. If You do not wish to accept the new terms You should not continue to use the Site, or the Services and should close Your Account. If You continue to use the Site and the Services after the date on which the change to these Terms and Conditions comes into effect, Your use will be conﬁrmation of Your agreement to be bound by the new Terms and Conditions.

It remains Your responsibility to periodically check these Terms and Conditions to ensure that You continue to agree with them and You are advised to do so each time You use the Site and the Services.

We reserve the right to suspend, amend, add or remove any part of the Site and/or the Services at Our sole discretion and without warning and We will not be liable for any such action.

We will not be liable if, for any reason, the Site is unavailable for any time or period. We may at Our absolute discretion change the content of the Site and/or the Services or elements of the Services on the Site at any time. We give no guarantee that the Site will be compatible with any hardware or software used by You including Your Device.

1. LEGALITY OF THE USE OF THE GAMING PLATFORM AND THE SERVICES

We are a company incorporated under the laws of Delaware.

We hereby grant to You a limited, personal, non-exclusive, non-transferable right to Use the Services on Your Device, for the sole purpose of participating in the Services including any type of games We offer from time to time, in accordance with the provisions of these Terms and Conditions.

You may only use the Services if You are 18 years of age or over (or such other higher minimum legal age in Your jurisdiction) and it is legal for You to do so according to Applicable Laws. We will require proof of age from You and/or obtain proof of Your age from third parties and Your Account may be suspended until satisfactory proof of age is provided. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. You acknowledge that You do not ﬁnd the Services to be offensive, objectionable, unfair, or indecent in any way.

We will not be liable to You for any use of the Site, the Software or the Services that is contrary to the law of the jurisdiction in which You are located or any Applicable Law that applies to You (the “Prohibited Jurisdictions”). We shall be entitled to inform relevant authorities of Your identity and of any suspected unlawful, fraudulent or improper activity, and You will co-operate fully with Us to investigate any such activity.

We reserve the right to restrict or deny any Customer access to the Services if We are of the reasonable opinion that the Customer is under 18, or under the legal age required to participate in the services in their Jurisdiction or if We cannot independently verify the name, age, address or other details of any Customer. You hereby consent to Us carrying out such age veriﬁcation, identity, residence or other checks on You as We may reasonably require.

Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of these Terms and Conditions. An attempt at circumvention includes, but is not limited to, manipulating the information used by Hot Hand to identify Your location and providing Hot Hand with false or misleading information regarding Your location or place of residence. Any such attempt will entitle Us to take such steps as we deem appropriate including, without limitation, seizing any prizes.

SITE RESTRICTIONS

We will refuse access to the Site, Services and/or Hot Hands related products in any capacity to anyone (including Customers) who is/suspected of accessing from the below locations. For the avoidance of doubt, the Prohibited Jurisdictions shall include but not be limited to:

Afghanistan

Angola

Belarus

Benin

Bolivia

Burkina Faso

Burma

Myanmar Burundi

Cameroon

Central African Rep

Chad

Congo

Côte d’Ivoire

Cuba

Eritrea

Ethiopia

Gambia

Guinea

Guinea Bissau

Haiti

Iran

Iraq

Israel

Kenya

Liberia

Libya

Madagascar

Mali

Mozambique

North Korea

Pakistan

Sudan

Syria

Tajikistan

Tanzania

Turkey

Ukraine

Virgin Islands

Zimbabwe

You must only access and use the Services if it is legal for You to do so according to the laws that apply in Your jurisdiction or in the jurisdiction in which You access the Services. These restrictions are put in place in line with US, UK and EU sanction policies. We reserve the right to add to the list of restricted countries and the Prohibited Jurisdictions at our discretion from time to time.

RULES RELATING TO GIVEAWAY CONTESTS

From time to time, We may engage in promotional activities that include giveaways (“Contest”). The rules of each giveaway shall be separately set forth, but in no event shall persons (including Customers) be permitted to participate in said giveaways in any jurisdiction in which such activities are unlawful. No contest or giveaway offered by Hot Hand is any way endorsed or supported by any third party.

Hot Hand, in its sole discretion, may disqualify from any service, refuse to award points or prizes, and/or require the return of any prizes from a Contest participant who engages in conduct that Hot Hand. deems to be illegal, improper, unfair, or otherwise adverse to the operation of the Services, including the Site or in any way detrimental to others, or that violates these Terms and Conditions. Such misconduct includes, but it not limited to, falsifying personal information required to use the Site, use the Services, or to claim a prize; violating any of these Terms and Conditions; accumulating points or prizes through unauthorised methods such as the use of automated scripts or other automated means; tampering with the administration of the Site or any of the Services or trying in any way to tamper with the computer programs associated with the Site or any of the Services; obtaining other Customer’s information for purposes of spamming them or interfering with their play; and/or abusing the Services, including the Site in any way. You further acknowledge that the forfeiture or return of any prize shall in no way prevent Hot Hand from pursuing civil or criminal proceedings in connection with your misconduct.

Contests are restricted to participants aged 18 years and older. In addition to these Terms and Conditions, You must comply with all of the rules for the speciﬁc Contest that You are entering. Those rules govern the basis of awarding points/prizes, entry requirements, and all other rules for each respective Contest. The rules relating to each Contest are available here.

After each Contest ends, points/prizes may be awarded in accordance with the Contest’s rules. Prizes for each Contest are listed at the outset of the Contest and are not subject to change. Prize calculations are based on Contest results as of the time when Hot Hand tabulates ﬁnal scoring. After prizes are awarded, scoring results will not be changed. Hot Hand’s decisions are ﬁnal.

Contest prizes may not be substituted or transferred. All taxes and any expenses associated with the receipt or use of any prize are the sole responsibility of the winner. If prize awards are challenged by any legal authority, Hot Hand may, in its sole discretion, decline to award such prizes.

Details of winners of Contests are generally posted on the Site and/or notiﬁed within twenty-four (24) hours. Winners may be asked to return via email or regular mail an aﬃdavit of eligibility and appropriate tax forms. A winner’s failure to comply with such requests within the time stated can result in disqualiﬁcation. Any prize notiﬁcation returned as undeliverable may result in disqualiﬁcation and selection of an alternate winner.

Where any term of the Contest is breached or there is any evidence of a series of bets placed by a Customer or group of Customers, whether individually or as part of a group which amounts to cheating in any form including, but not limited to collusion or the exploitation of software or operational errors and faults, Hot Hand reserves the right to reclaim the cash element of such Contest (including any winnings) at Our absolute discretion. We further reserve the right to ask any Customer to provide suﬃcient documentation for Us to be satisﬁed in Our absolute discretion as to the Customer’s identity prior to Us crediting any winnings from a Contest, free spins or offer to the relevant Customer account in the event that We have a reasonable suspicion of wrongdoing or any breach of these Terms and Conditions by the Customer.

USER CONTENT

Some of the Services may allow You to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services.

User Submissions shall include all use of Hot Hand services where a Customer may submit information verbally, visually, auditorily, or otherwise to Hot Hand or to its other Customers. This includes but is not limited to messages sent through the different Hot Hand website chat functions (collectively “Chat”), community posts, and the creation of user nicknames. When You provide User Submissions, You agree to accept sole responsibility for, and assume all liability (including liability for claims of infringement, defamation, libel and slander) associated with Your User Submissions.

Hot Hand does not claim ownership of Your User Submissions. However, You grant to Hot Hand, its aﬃliates, and partners a non-exclusive, worldwide, royalty free, fully sub- licensable licence to use, distribute, edit, display, archive, publish, sub-license, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and Your name or nickname, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights You may have in Your User Submissions. Your User Submissions must not: (a) disrespect other Customers; (b) include vitriol, vile, obscene, or defamatory language; (c) include any reference to illegal acts of any kind; (d) violate Applicable Laws; (e) be made for, or in furtherance of, any prohibited use; (f) infringe the intellectual property, personal, or property rights of any third party; or (g) violate any other promise or obligation under these Terms and Conditions. Hot Hand may refuse or remove a User Submission without notice. Hot Hand has no obligation to monitor User Submissions, and You agree that neither Hot Hand nor its aﬃliates and partners, will be liable for User Submissions or any loss or damage resulting from User Submissions. You agree that Hot Hand, its partners, aﬃliates, and representatives may monitor and/or record Your communications (including, without limitation, all User Submissions including Chat) when You are using the Site in accordance with our Privacy Policy. To that extent, in the event that any third party, government entity, or Customer claim, demand, judgment, suit, liability, or cost (including reasonable attorney’s fees) (collectively, “Liability”) is made against Hot Hand arising from or related to any User Submission, You hereby agree to indemnify, defend, and hold harmless Hot Hand against such Liability. Except as provided in the Privacy Policy, Hot Hand does not guarantee that User Submissions will be private, even if the User Submission is in a password protected area.

Accordingly, You should not provide User Submissions that You want protected from others. You represent and warrant that You have all rights necessary to grant to Hot Hand the licence above and that none of Your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate Applicable Laws.

You may use the Site only for lawful purposes. You may not use the Site: in any way that breaches the Terms and Conditions, Applicable Laws, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with content standards which may be formulated from time to time, retroactively or proactively, at Hot Hand’s sole and absolute discretion; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You agree not to access without authority, interfere with, damage or disrupt: any part of the Site; any equipment or network on which the Site is stored; any software used in the provision of the Site; or any equipment or network or software owned or used by any third party.

REGISTRATION AND USE OF YOUR ACCOUNT

You must establish an account with Us before You can use the Services (“Your Account”). We are not obliged to allow You to open an account and the opening of any account and the provision of the Services to You shall be at Our absolute discretion. By opening Your Account, You warrant: (i) that You are over 18 years of age; (ii) You are legally capable of entering into binding contracts; (iii) You are of the age of majority in Your applicable jurisdiction; and, (iv) You agree with these Terms and Conditions. In the event that We discover that You are under 18 or not able to enter into binding contracts, We shall not be obliged to pay any prizes to You.

You can apply to open an account with Us by submitting Your email address and date of birth and entering other information that We ask for on Our registration form such as (but not limited to) Your ﬁrst and last name, date of birth, address, email and telephone number. You shall ensure that the details provided at registration are accurate and kept up to date. You can change the details You provide at registration by contacting customer support.

You can only have one account with Us. All offers we make to Customers, are limited to one per account and this means one offer per household address, IP address, email or telephone number. Accounts on shared computers are also limited to one single account so this would include one account per public library or workplace. We reserve the right to withdraw any offer to any Customer in the event that the Customer breaches any part of this Clause. You must ensure that any details provided by You in order to establish Your Account or at any time thereafter are correct and complete and You must inform Us of any changes to Your details by updating Your Account.

We shall require information from You to enable Us to meet anti-money laundering and prevention of terrorist ﬁnancing legislation and regulations and to verify Your identity, name, age and address. This may include but is not limited to copies (including certiﬁed copies) of Your passport/identity card and satisfactory proof of address, including but not limited to utility bills and bank statements and the requirement for such can be made by Us at any time. Failure to supply to Us with any documentation requested by Us may lead to suspension or termination of Your Account. We reserve the right to contact third parties to verify Your identity and for the prevention of money laundering and the prevention of the ﬁnancing of terrorism.

You agree that We are unable to provide You with any legal advice regarding the legality of Your use of the Site or the Services. There may be speciﬁc laws in Your country, place of residence, or the place where You access the Site which prohibit these Services. It is Your responsibility to ensure compliance with Applicable Laws that apply to You before establishing Your Account with Us or using the Services.

You are encouraged to seek legal advice before establishing Your Account and/or using the Services to ensure that the use of such is not contrary in any way to laws applicable to You.

You warrant and undertake to Us that You will not use the Services in a jurisdiction that prohibits such competitions. Further, You warrant to Us that You will not use the Services at any time if You are a citizen of a jurisdiction that prohibits its citizens from participating in such competitions (regardless of the citizen’s location).

We provide the Services at Our discretion and can change any part of the Services at any time.

You acknowledge and agree that We may not be able to provide some or all of the Services in certain jurisdictions.

When You register Your Account, You will be required to register a password. In order to prevent fraud, You must keep Your password conﬁdential and secure and not disclose it or share it with anyone. If You know or suspect that someone else knows Your password or any other personal information has been stolen or otherwise accessed without Your authority You must notify Us immediately.

If We have reason to believe that there is likely to be a breach of security or misuse of the Gaming Platform, We may require You to change Your password and/or We may suspend Your Account.

The name on Your Account must match Your true and legal name and must match any form of ID we require from you.

Customers who have previously been excluded by Us from using the Services or have had their account with Us closed by Us (“Excluded Customer”) shall not be allowed to re- register with Us, other than at Our absolute discretion. In the event that You are an Excluded Customer but do manage to open an account with Us (other than with our consent), We shall be entitled to close Your Account at Our absolute discretion and without notice and any winnings by You shall not be Legitimate Winnings. We undertake checks and have third party veriﬁcation and fraud management companies undertake checks on our behalf to prevent Excluded Customers re-registering with Us and to prevent the use ﬁctitious names to open an account with Us. In the event that You use a ﬁctitious name to open an account, We shall be entitled to close Your Account at Our absolute discretion and without notice and any winnings by You shall not be Legitimate Winnings.

You will not allow any other person or third party to use Your Account. You are solely responsible for all use of the Gaming Platform and the Services through Your Account and/or Your mobile telephone number and/or Your password.

Unless caused by Our negligence, any unauthorised use of Your Account and/or Your mobile telephone number and/or Your password will be Your sole responsibility and deemed to be Your use. You will therefore be liable for any such unauthorised use and will not be re-credited by Us for any resulting losses from Your Account, regardless of whether or not the third party who participated had Your consent.

We may cancel Your Account and/or these Terms and Conditions with You on giving thirty (30) days’ notice to You.

You may cancel Your Account by giving Us ﬁve (5) days’ notice. Such notice should be sent to [email protected].

We may suspend Your Account immediately if You breach any of the terms of these Terms and Conditions.

We may suspend or cancel Your Account immediately without notice at Our absolute discretion if:

there is activity on Your Account or by You that We consider illegal in any jurisdiction;

there is any other action by You that We consider is prejudicial to Our bona ﬁde interests;

We determine that We will stop offering the Services in the jurisdiction in which You reside.

The expiry, suspension or termination of Your Account or termination of these Terms and Conditions with You for any reason will not affect:

any rights, obligations and/or liabilities accrued before the date of suspension, termination or expiry; or,

any rights, obligations and/or liabilities expressed to continue in force after and despite suspension, expiry or termination.

We reserve the right not to open an account for You without having to provide any reason whatsoever if such is required by Applicable Law. We reserve the right to refuse/reject and suspend without prior notiﬁcation any Customer who is suspected of cheating, fraud, hacking, attacking, manipulating or damaging Our normal online operations.

Rules and Security Reviews

We are entitled to withhold any prizes in the event that we reasonably determine that there has been any fraud in relation to such.

We are entitled to withhold prizes in the event that we are required to do such under Applicable Law or where permitting a prize allocation would cause Us to violate Applicable Law.

If You suspect any errors, You must report such immediately and in any event no later than twenty four (24) hours after the relevant event by emailing Our customer services team at [email protected] before participating in the next or another event.. Failure to do so will result in You waiving Your right to raise future disputes.

You can cancel Your Account at any time however if You do cancel Your Account, You must stop using the product.

The suspension or cancellation of Your Account will not affect either party's statutory rights or liabilities.

You may open only one account with Us. Any duplicate accounts that are identiﬁed by Us will be closed.

You are responsible for paying and accounting to any relevant governmental, tax or other authority for tax or other duty that may be due on winnings by You.

FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS

If, in Our sole determination, You are found to have cheated or attempted to defraud Us including but not limited to game manipulation, location, IP or VPN us or, operating multiple accounts, or any other fraudulent activity or prohibited transaction, We reserve the right to immediately suspend and/or close Your Account.

We reserve the right to void and withhold any or all prizes awarded to any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us in any way.

The use of artiﬁcial intelligence or “bots” on the site is strictly forbidden.

Likewise, any application that uses any or all of the data contained on the site for purposes (including but not limited to commercial purposes) other than participating in the competitions is prohibited. We will take measures to prevent and detect the use of programs that are designed to enable artiﬁcial intelligence to utilise or beneﬁt from the data contained on the site. Any attempted or actual use of artiﬁcial intelligence by You will lead to termination of Your Account without notice by Us.

If a Customer uses a proxy server or similar to connect to the Site in order to alter or hide the true identity of the Customer or to alter of hide the true identity of the Customer’s computer equipment, We reserve the right to void any winnings.

RIGHT TO USE

In the event that You are required to download and install software to use the Services, We grant to You a personal, non-exclusive, non-sub licensable, non-transferable and revocable licence to install and use the software required for Your use of the Services on Your Device (“Software”). You may use the Software solely for participation in the provision of the Services by Us to You. The Site, the Software and all pictures, graphics, photographs, animations, videos, music, audio, text and live feeds and all other intellectual property rights on and in and to the Site, the Services and the Software are and will remain Our exclusive property or the exclusive property of Our licensors and are protected by intellectual property laws, including copyright and shall not be reproduced without Our prior written consent.

You have no rights to use any trade marks, trading names or the like used on the Site and all rights in and to the same are Our exclusive property or those of Our licensors.

Except as permitted by these Terms and Conditions, You may not (other than as permitted by law) copy, use, modify, create derivative works from or distribute the Software or written materials from our Site; decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it; or transfer, loan, lease, assign, rent or otherwise sublicense the Software; or do any of the above to any copy, adaptation, transcription, or merged portion of the Software. Without limitation, the above activity includes any form of denting, hacking, attacking, manipulating or damaging of the Software.

RESULTS

If there is a discrepancy between the result showing on the Software and Our server, the result showing on Our server will govern the result of the competition.. In the event of system malfunction or damage which results in the loss of data, We will make reasonable efforts to recover all historic data and all recovered data will be deemed oﬃcial.

Any system malfunction and/or hardware malfunction affecting Us will void the games affected by such and no winnings of any nature whatsoever will be due on such.

We may provide game scores and other information pertaining to esports or related events of interest. All of this information is supplied for entertainment purposes only and should be considered to be unoﬃcial. While We will use reasonable efforts to include accurate and timely information, We do not warrant or make any representations of any kind with respect to the information provided to You. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site or the Services, and shall not be responsible or liable for any error or omission in that information.

YOUR REPRESENTATIONS TO US

You represent and warrant that You have reached the age of 18 or the legal age required to enter into contracts in the jurisdiction in which You live, whichever is the higher. You also undertake that You will not access the Site or use the Services from a Prohibited Jurisdiction.

NO WARRANTY AND OUR EXCLUSIONS OF LIABILITY

WE WILL ENDEAVOUR TO PROVIDE THE SITE, THE SOFTWARE AND THE SERVICES USING REASONABLE SKILL AND CARE. WE MAKE NO FURTHER WARRANTY OR REPRESENTATION OF ANY NATURE, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE, THE SOFTWARE AND THE SERVICES. ANY IMPLIED WARRANTIES OR CONDITIONS RELATING TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS, ACCURACY OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

WE MAKE NO WARRANTY THAT THE SITE, THE SOFTWARE OR THE SERVICES WILL BE SECURE OR WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS.

WE MAKE NO WARRANTY AS TO THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS SUPPLIED BY US, THE SOFTWARE OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE. THE QUALITY OF THE INTERNET CONNECTION TO THE SITE VARIES FROM CUSTOMER TO CUSTOMER AND MAY NOT BE ABSOLUTELY STABLE. WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANY INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER OR THIRD PARTY WITH WHOM YOU HAVE CONTRACTED FOR INTERNET SERVICES OR TELECOMMUNICATIONS SERVICES.

We carry out regular maintenance to the Site to ensure, as much as reasonably possible, that an optimum experience is provided to You. During such maintenance sessions, You acknowledge and agree that access to the Site and the Software may be limited to allow for such necessary repairs, maintenance or the introduction of new facilities or services. We will make reasonable efforts to notify You of any downtime in advance of it occurring (whether via an advance schedule of downtime or period notiﬁcations on the Site) and resume the Services as soon as We reasonably can.

LIMITATION OF LIABILITY

You agree that Your use of the Site, the Software and the Services is at Your sole risk.

OTHER THAN AS EXPLICITLY STATED IN THESE TERMS AND CONDITIONS, WE WILL NOT BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SOFTWARE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS ARISING FROM DOWNTIME OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).

OTHER THAN AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, WE HEREBY EXCLUDE ALL LIABILITY TO YOU WHETHER UNDER THE TERMS OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENT ACT OR OMISSION OR FOR OUR FRAUDULENT ACTS OR OMISSIONS.

We will not be liable or responsible to You for any loss or damage incurred or suffered by You as a result of any suspension or stoppage (whether temporary or permanent) of the Site arising from any governmental order or change in policy by any regulator.

We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Site and You conﬁrm that We will not be liable to You or any third party for any modiﬁcation, suspension or discontinuance of the Software and/or the Services.

We reserve the right to withdraw the Site, the Software or the Services or any elements of the Site, the Software or the Services at any time, and will not be liable to You as a result of any such action.

CAP ON OUR LIABILITY

Our entire and aggregate liability to You, whether under these Terms and Conditions, the law of contract, tort (including negligence) or otherwise shall in no event exceed the amount of $1.

INDEMNITY

You agree to fully indemnify, defend and hold Us, Our oﬃcers, Our directors, Our employees and Our agents harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses whatsoever, including legal fees, arising out of any breach of these Terms and Conditions by You. You agree to fully indemnify, defend and hold Us, Our oﬃcers, Our directors, Our employees and Our agents harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses whatsoever, including legal fees, arising out of any breach of warranties or representations by You including, but not limited to, the representations that:

You are not a citizen or a resident of a country which prohibits such activities; and, (b) You are not accessing the Site from a jurisdiction where entry into such competitions is prohibited by law.

You will indemnify Us for all losses and damages suffered by Us as a result of wrongdoings and/or fraud by You alone or as part of a group of Customers acting in concert or as a syndicate. Wrongdoings and/or fraud will include but not be limited to attempts to breach the single account per Customer rule, to exceed the Betting limits, hacking, use of artiﬁcial intelligence or bots, providing false personal information, and/or any actions and/or omissions which We reasonably deem to be a fraud and/or wrongdoings.

You further agree to fully indemnify, defend and hold Us, and Our oﬃcers, Our directors, Our employees and Our agents harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses whatsoever, including legal fees, arising out of any claim brought against Us as a result of the breach of these Terms and Conditions by You.

TRANSFER

You may not transfer, assign, novate or otherwise transfer any of Your rights or obligations under these Terms and Conditions or any part of these Terms and Conditions to any third party. We may transfer, assign, novate or otherwise transfer any of Our rights and/or obligations under these Terms and Conditions and/or any part of these Terms and Conditions to a third party.

THIRD PARTY CONTENT

The Gaming Platform provides content from internet sites or resources belonging to third parties (“Third Party Content”) and while We take reasonable steps to ensure that material included on the Site is correct, reputable and of high quality, We do not make any warranties or guarantees in relation to the Third Party Content and will not be held liable to You for any such Third Party Content. If We are informed of any inaccuracies in the Third Party Content contained on the Site, We will attempt to correct the inaccuracies as soon as We reasonably can.

THIRD PARTY RIGHTS

A person who is not a party to these Terms and Conditions has no right to rely upon or enforce any part of these Terms and Conditions whether under legislation or otherwise and whether under the terms of the Contracts (Rights of Third Parties) Act 2001 or otherwise.

SETTLEMENT OF DISPUTES

In the ﬁrst instance any disputes should be referred to Our customer services team for resolution by emailing the team at [email protected] Thereafter Our internal review mechanisms will be used to investigate a complaint from You. We will keep You up to date with Our investigations. We will deal with all complaints as soon as reasonably practicable. We are only responsible for the provision of the Site, the Software and the Services.

Disputes should be referred to Us as soon as possible and not later than fourteen (14) days after the incident relating to the relevant dispute.

NOTICES

Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provided to Us when You opened Your Account and will be deemed served twenty four (24) hours after dispatch by Us to the email address that You provided to Us when You opened Your Account. Other than as set out in these Terms and Conditions, notices for Us should be sent to our registered oﬃce address and

marked for the attention of Customer Services and sent by registered mail or registered air mail (as relevant) or by courier. Notices to Us shall be deemed delivered ten (10) days after dispatch in the case of mail and three (3) days after dispatch in the event of courier.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible to You for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside Our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:

strikes, lock-outs or other industrial action;

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

ﬁre, explosion, storm, ﬂood, earthquake, subsidence, pandemic, epidemic or other natural disaster;

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

diﬃculties in obtaining ﬁnancial market data;

impossibility of the use of public or private telecommunications networks; delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;

the acts, decrees, legislation, regulations or restrictions of any government or Our regulator;

failure of any telecommunications system.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to ﬁnd a solution by which Our obligations may be performed despite the Force Majeure Event.

PUBLICITY

We like to publicise and promote details of winners. We like to publish on the Site the name and geographical location by country of all winners. If You do not wish Us to use any personal data about You if you are a winner then You

have the right to withhold Your consent to Us using Your personal data in this way. All media enquiries regarding Us received by You must be referred to Us immediately. Your personal data will be processed by Us in accordance with Our Privacy Policy.

GENERAL

If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed to be severable from the remainder of these Terms and Conditions and such will not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.

The time stamp on all records either stored in or written to Our transactional database including but not limited to Bets (whether accepted or declined), announcements, messages and reports shall be recorded as Greenwich Mean Time (GMT).

No waiver by Us of any part of these Terms and Conditions will be construed as a waiver of any preceding or succeeding breach of any of these Terms and Conditions.

Unless otherwise expressly stated, nothing in these Terms and Conditions will create or confer any rights or any other beneﬁts in favour of any person other than You and Us.

Nothing in these Terms and Conditions will be construed as creating any agency, partnership, joint venture or any other form of joint enterprise between You and Us.

You conﬁrm and acknowledge that in agreeing to these Terms and Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions. You agree that You will have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that Your agreement will not apply in respect of any fraudulent or negligent misrepresentation made by Us or on Our behalf.

These Terms and Conditions are subject to the laws of Washington State and any dispute arising out of or relating to the Site, the Services and/or these

Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Washington State.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) – US RESIDENTS

DMCA Complaint Requirements. If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Service, including the Site, please notify our copyright agent, designated below, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). For Your complaint to be valid under the DMCA, You must provide the following information inwriting:

an electronic or physical signature of a person authorized to act on behalf of the copyright owner; and

speciﬁc identiﬁcation of the copyrighted work that You claim has been infringed; and

speciﬁc identiﬁcation of the material that is claimed to be infringing and where it is located on the Site or the Services; and

information reasonably suﬃcient to permit Us to contact You, including Your name, address, telephone number, and email address; and

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 law; and

a statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.

Please also note that the information provided in a notice of copyright infringement may be forwarded to the person or entity who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, We will immediately notify the individual or entity responsible for the allegedly infringing material that it has removed or disabled access to the material. We will terminate, under appropriate circumstances, the accounts of individuals who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any individual for actual or apparent copyright infringement.

Submitting a DMCA Counter-Notiﬁcation: If You believe you are the wrongful subject of a DMCA notiﬁcation, You may ﬁle a counter-notiﬁcation with Us by providing the following information to the Designated Agent at the address below:

the speciﬁc URLs of material that We have removed or to which We have disabled access; and Your name, address, telephone number, and email address; and

a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your address is located (or the federal district courts located in New York County, New York if Your address is outside of the United States), and that You will accept service of process from the person who provided the original DMCA notiﬁcation or an agent of such person; and

the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentiﬁcation of the material to be removed or disabled.”; and Your signature.

Upon receipt of a valid counter-notiﬁcation, We will forward it to notifying party who submitted the original DMCA notiﬁcation. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify Us that he or she has ﬁled legal action relating to the allegedly infringing material. If We do not receive any such notiﬁcation within ten (10) days, We may restore the material to the Site.

DMCA Agent. The above information must be submitted to [email protected]