KingFish, LLC. Terms, Conditions, and Disclaimers
NO PURCHASE NECESSARY. NO REAL MONEY IS USED / AVAILABLE / OR IMPLIED TO PARTICIPATE IN THE APP, IT’S TOURNAMENTS OR POOLS. KINGFISH USES VIRTUAL CURRENCY THAT HAS NO REAL MONEY VALUE. THIS IS A GAME FOR ENTERTAINMENT PURPOSES ONLY. EVERYONE IS AUTOMATICALLY ENTERED INTO CASH AND PRIZE COMPETITIONS REGARDLESS OF COIN PURCHASE OR COIN ACCUMULATION TOTAL.
This agreement, including addendums, (collectively referred to as the "Agreement") is between you ("Member", “Registered User”, or “Guest User”) and KingFish LLC, Associates, Affiliates, or other Partners (referred to herein as: "us", "we", “KingFish” or “Company”). Read the following terms, conditions and disclaimers before using or installing the app accompanied by this Agreement.
BY DOWNLOADING AND PLAYING ANY PART OF THE APP, BOTH GUESTS AND MEMBERS EXPRESSLY AGREES TO AND UNCONDITIONALLY CONSENTS TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. Before using the app, please review the related KingFish Privacy Policy, and the KingFish Terms of Use, which are both incorporated herein by this reference.
1. LICENSE AGREEMENT:
We grant to Members and Guests a non-exclusive and limited license to use the app, subject to the terms of this Agreement. We reserve the right, from time to time, in our sole discretion, to modify, change, update, discontinue, remove, revise, delete or otherwise change any portion of the app (as defined below), or this Agreement, in whole or in part, at any time without notice and Member shall periodically review this Agreement and any other terms and conditions posted at www.kingfishsportsbook.com (the “app”) at a rate not less than once per month. For changes to this Agreement that we deem material, we will place a notice on the Site by revising the link on user page of the app to read substantially as “Updated Terms & Conditions” for up to three (3) weeks or some other amount of time that we determine in our discretion. If you participate in any pools, open, use or open the app, any KingFish Sportsbook Promotional products, or accept any prize in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement. The term of this Agreement will be automatically extended for three years from the date you receive any app upgrades or subsequent app versions.
2. LICENSE RESTRICTIONS:
Unless authorized by KingFish LLC, you may not:
  1. permit other individual(s) to use or download the app unless such other individual(s) agree to accept the terms of this Agreement;
  2. modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the app;
  3. copy the app;
  4. rent, lease, transfer, sublicense or otherwise transfer rights to app;
  5. remove any proprietary notices or labels app or promotional products, including the code underlying the app; or
  6. use the app for any reason other than your private use. Commercial use is expressly prohibited.
3. LIMITATIONS ON USE:
You agree that you will use the app in a manner that complies with all applicable laws in the jurisdictions in which you use the app. We assume no responsibility for the actions by you, the Member. You acknowledge that if we are unable to determine where the app is being used, that we may rely upon your representation and express acceptance of this restriction by clicking where indicated, and that you will only use the app for free play.
Non-United States Residents: Company operates the app in the United States. Company makes no representation that the app and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Software from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Residents of countries currently subject to United States embargo or on the United States list of state sponsors of terrorism are not permitted to access and/or use the app. For a current list of countries currently subject to United States embargo or on the United States list of state sponsors of terrorism, go to http://pmddtc.state.gov/embargoed_countries/index.html and http://www.state.gov/j/ct/list/c14151.htm.
We are not responsible for claims, losses or damages resulting from any play under any condition. Members are playing against each other and not against us. Play is at the sole option, discretion and risk of the Member. You are solely responsible for your interaction with other members. We reserve the right, but have no obligation, to monitor disputes between you and other members. Member is also responsible for maintaining the secrecy and security of his/her account passwords and other personal security information. We are not responsible for the unauthorized use of your, the Member's, account or any losses that may result, of such unauthorized use. You accept responsibility for all activities that occur under your account and agree you will not sell, transfer or assign your account. We may, in our sole discretion, and at any time, with or without notice, terminate your account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
4. LIMITED WARRANTY:
We do not warrant that your use of the app will be uninterrupted or that the operation of the app will be error-free or secure. We warrant to Member that the app will operate for purposes of normal use for a period sixty (60) days from the date of this Agreement. In the event that this warranty is breached, our only obligation under this Agreement and Member's sole remedy is, at our option, to (a) download the app; or (b) terminate this Agreement.
5. YOUR REPRESENTATIONS AND WARRANTIES:
You hereby represent and warrant to us as follows:
  1. You have read and you understand this Agreement.
  2. The execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or (iii) any agreement or other instrument applicable to you or binding upon your assets or properties.
6. FREE PLAY ONLY:
THE APP DOES NOT PERMIT MEMBERS TO WAGER REAL MONEY AND HAS NO ABILITY TO ACCEPT DEPOSITS AS IT IS A FREE GAME THAT USES VIRTUAL COINS THAT HAVE NO REAL MONEY VALUE. Coins in members' and guest accounts have no monetary value, and cannot be exchanged for anything of value and cannot serve as a medium of exchange. Any and all references in the app to prizes or the like are solely for instructional or illustrative purposes and do not involve wagering real money.
7. COINS:
  1. Members and Guests may earn coins by watching reward videos. KingFish, LLC passes all responsibility of award ads onto third parties which are supplying these advertisements. Visit these companies for their respective terms and conditions. Third parties used to provide these advertisements can change without notice and are selected by the sole discretion of KingFish LLC.
  2. Members and Guests can win coins by correctly wagering on sporting events. Coins can be won via any of the methods listed in the app. These include, but are not restricted to, straight wagers, teasers and parlays.
  3. COINS have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased or used to engage in any gambling activity. Any coins obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. Coins will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Except as determined on a case by case basis by Company in its sole discretion in connection with fraud, all Coin purchases are non-refundable.
  4. You can view your Coin balance by logging onto your account.
  5. Company may modify the methods through which Coins can be earned and/or purchased, how Coins can be used, the value of Coins, and the conditions under which Coins may be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Coins that he/she has already earned. The use of Coins on the app has no predetermined termination date and may continue until such time as Company decides to terminate the use of Coins. Company may eliminate the use of Coins at any time, with notice on the Site and/or via email to the Member's email address currently on file with Company for their account.
  6. ACCRUED COINS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE APP. COINS ARE CREDITS THAT COMPANY MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. COINS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her account is accurate and is kept current. If a Member believes that his/her account does not properly reflect Coins won or purchased, the member must contact Company to resolve the issue. All questions or disputes regarding the earning, purchasing, crediting or use of Coins will be resolved by Company in its sole discretion.
8. MEMBER ELIGIBILITY AND PRIZE CLAIMS:
Subject To State and Local Laws.
  1. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the app. Access to the app may not be legal for some Jurisdictions or for all residents of, or persons present in, certain Jurisdictions. We have installed filtering systems designed to limit access from known ineligible Jurisdictions. It is your responsibility to comply with law in your jurisdictions. We do not make any representation or warranty, express or implied, as to the lawfulness of your participation in the tournament sweepstakes, or that materials on the app are appropriate for your use. The information contained herein does not constitute an offer, solicitation or invitation by us for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. We further reserve the right to require you to provide proof that you are eligible to participate and win prizes prior to payment of any winnings or prizes. We also reserve the right, in our sole and absolute discretion, to refuse service and access to any potential participant.
  2. For persons within the United States, to participate in any tournament or pool offered on the app, you must:
    1. be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
    2. be a U.S. citizen or resident alien with a U.S. address;
    3. be physically located within the U.S.; and
    4. be physically located in a U.S. state in which participation in the tournaments or Pools offered on the app is unrestricted by law.
  3. For persons NOT within the United States, to participate in any tournament or pool offered on the app, you must: be a natural person, at least 18 years old. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
  4. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you download and open the app and/or participate in any tournament or pool offered on the app while located in a prohibited Jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and will be subject to having your account suspended or terminated, and you will NOT BE ELIGIBLE to claim any prizes won and your coin balance may be forfeited.
  5. Entry for tournaments and pools is not available to residents of states in which it is illegal to play.
  6. Only eligible members may claim prizes. All prizes must be claimed within 180 days of the end of the month in which the prize is won. You may be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”) to claim a prize. You may be required to send us a complete and legible W9 tax form or other required tax form (collectively, the “Tax Forms”) to claim a prize. Failure to make a prize claim, prove eligibility, sign and return all Prize Claim Documents and sign and return all Tax Forms within 180 days will give rise to the presumption that the member is ineligible and agrees to forfeiture of the prize.
9. RIGHT TO CANCEL OR MODIFY TOURNAMENT, POOL OR SCHEDULE FOR GAMES:
No warranty or representation is made that the prize pool will consist of a specific amount. We reserve the right, in our sole discretion, to modify the tournaments and pools along with their duration at any time without notice. If we, IN OUR SOLE DISCRETION determine that operating the tournament or pool prizes IN WHOLE OR IN PART is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in one or more of the tournament or pools contests, then we may cancel OR MODIFY all or any of the tournaments and pools and we shall owe you nothing.
10. PRIZE SUBSTITUTION:
We reserve the right to provide substitute prizes or cash value in the event that we or the vendor are unable to meet reasonable delivery requirements or in the event that a tournament or pool winner is located outside the continental United States.
11. PRIZE DELIVERY TIME:
Unless otherwise specified, PRIZES, whether cash or merchandise, will ship within 30 days of the date the prize is claimed by the winning member and eligibility is verified. All goods are shipped F.O.B. Origin, and accordingly we take no responsibility for any damage incurred during shipping. In certain specifically disclosed merchandise tournaments or pools, we may choose to bear the cost of shipping within the continental U.S., although we are under no obligation to do so.
12. MERCHANDISE PRIZE WARRANTIES:
In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the app is responsible for defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer’s warranty, the merchandise is offered as is, and we are not responsible for any defects, use or misuse or repairs. We make no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.
13. TRAVEL PRIZES:
Prizes involving travel and tourism will be from a specified list of cities. Any player who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. We are not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor are we responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fullfillment by the third-party travel or tourism providers.
14. TAXES:
  1. United States Federal Tax Regulations requires that you complete and return form W9 and that we issue you a form 1099 at the end of each calendar year if you have won prizes of $600.00 or more in the calendar year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
  2. As with our cash prize tournaments, members are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer’s Suggested Retail Price, or Site acquisition price, at our discretion, will be used as the cash value of the merchandise prize.
  3. Non US residents may be subject to back-up withholding for federal income tax purposes at 30%. Members will be required to provide such documentation as the Federal Income Tax Regulations require.
15. PROMOTIONAL ACTIVITIES:
By registering for an account, you agree that the app may display your user name, prize winnings and tournament / pool records. By accepting any prize from the app, you agree to allow us to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and execute such releases as we may require for this purpose. If requested, prize winners agree to wear our branded clothing for the duration of any applicable TV events and tournament or any other part of a tournament or promotion that is recorded for television.
16. REGISTRATION:
  1. Continuing Duty and Affirmation. Each time you use the app, you represent and warrant to us that:
    1. you are at least eighteen (18) years of age, or the legal age to participate in a tournament or pool in the applicable Jurisdiction, whichever is higher;
    2. your access to the app, your participation in tournament / pools, and our offering and operating the tournament and pools are legal in your applicable Jurisdiction;
    3. the e-mail address submitted by you is owned or controlled by you; and
    4. all information you provide is true, accurate, current and complete.
All such representations and warranties are relied upon by us.
  1. By downloading and using the app, you authorize us to make any and all inquiries as we in our sole discretion consider necessary to verify the information provided by you. We may require you to submit such proof of age, identity and place of residence as we may require, at any time. We reserve the right to suspend and/or terminate your account if we have grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
  2. Changes to Your Account.
In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform us immediately by updating your account information on the app.
17. ACCOUNT IDENTIFIERS:
  1. Secrecy Obligation.
  2. Once you have selected and been allocated a unique username and password ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the app. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify us by changing your account information on app, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at our sole discretion Without limiting the foregoing, any transactions made and accepted on the app where your Identifiers have been used (and where you have not previously notified us as provided herein) will be treated as valid.
  3. No Transfer.
  4. Your account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age, to participate in tournaments and pools, and in no event allow or permit any person under the age of eighteen (18) years, to use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.
  5. You Are Responsible.
  6. You agree to be solely responsible for all use of the app (including without limitation participation in tournaments and pools) through the use of any of your Identifiers (except where you have notified us as provided above) and you agree to indemnify and hold us harmless, along with our parent company, affiliates, managers, agents and directors, licensors and licensees, and our and their respective officers, directors, employees and contractors for any and all claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.
18. APP USE:
  1. Services May Change or End.
  2. We reserve the right, in our sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the app without creating any obligation to you.
  3. You Must Obey Guidelines and Rules.
  4. When using the services on the app, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all instructions and responses sent over the Internet to and from us and/or through use of the app will be binding on you. Your commercial use of the app or any of the contests is strictly forbidden. See General Rules of the games offered.
  5. Telecom and Access Fees.
  6. You are solely responsible for obtaining access to the app and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the app.
  7. Odds, Risk and Fair Play.
  8. You acknowledge and agree that the tournaments and pools are skill based contests that measure your ability to correctly pick winning teams and that you are not likely to profit from this entertainment endeavor. The results of all tournaments and pools offered on the app depend on the number of the players participating in such tournaments and pools and depend on the amounts wagered and amount of wagers made during the tournament or pool period; precise odds of winning are therefore unavailable.
  9. Cheating.
  10. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the app or contest. If we believe in our sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the app, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and we reserve the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
  11. Behavior & Responsibility.
    1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any app or use of any portion of the app for any commercial purposes.
    2. You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in fraud of any kind on the app. You acknowledge and understand that any attempt to participate in any service offered on the app by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud in regards to the app, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
    3. You shall accept and abide by the contest rules set forth, to be amended from time-to-time at our sole discretion.
    4. You agree that we are not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the app or your account.
    5. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any of the app, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the app, you agree to indemnify, defend, and hold us harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
    6. You agree to never transmit data, conversation, or any other information that may (i) be defamatory or offensive, (ii) be slanderous, (iii) be rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the app, or (vi) be deemed generally unacceptable behavior in our sole discretion.
  12. Computer Errors.
  13. You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to servers and the app. If you become aware that the app contains any error, or is incomplete, you shall immediately notify us by e-mail. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. We will not be liable for any alleged winnings that are, in our sole discretion, the result of a system error or malfunction.
  14. Verification.
  15. Whenever we request additional verification, proof or documentation from you, including without limitation a copy of your passport, driver's license or utility bill, such materials must be sent by facsimile, mail or such other means of communication specified by us. Such materials will become our property and will not be returned to you.
19. TERMINATION:
You understand and agree that Company may, in its sole discretion and at any time, terminate your password and/or account, cancel accumulated Coins, alter the amount of coins in your account, and/or prohibit you from accessing the app, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Company may take any one or more of these actions without prior notice to you. Should Company take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that Company shall not have any liability to you or any other person for any termination of your access to the app, and the removal of information concerning your account. Company will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the app and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Company. Upon termination of account or access to the app, or upon demand by Company, you must destroy all materials obtained from the app and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Nothing contained in this Agreement shall limit Company in its exercise of any legal or equitable rights or remedies.
20. THIRD PARTY WEBSITES, APPS, ADVERTISERS:
  1. Third Party Sites, Advertisements, and Apps Are Not Our Responsibility.
  2. This Site may link you to other websites that may contain information or material that some people may find objectionable. These other websites are not under our direct control and you acknowledge that we are not responsible for the accuracy, copyright and trademark compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website.
  3. Future Marketing
  4. You hereby acknowledge and agree that we and/or our affiliates, licensors and licensees may market products and services to you in the future.
21. PROPRIETARY RIGHTS:
  1. Intellectual Property. You acknowledge and agree that all content and materials available on the app are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the app is strictly prohibited without the express written permission of the respective owner. Except as expressly authorized in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
    1. License. Except as authorized by KingFish LLC: You are hereby granted a personal, non-transferable and non-exclusive right and license to use the app on any single device at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right of the app. You agree not to modify the app in any manner or form, or to use modified versions of the app, including, without limitation, for the purpose of obtaining unauthorized access to the app. You agree not to access the app by any means other than through the interface that is provided.
    2. DMCA. If you are under the good faith belief that any content appearing on the app has been copied in a way that constitutes copyright infringement under U.S. Copyright law, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse. You may forward the following information to Company’s Copyright Agent: (i) information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address; (ii) identification and description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works; (iii) the exact URL or identification of the material that is claimed to be infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Email via the website with this information. By this filing, Company does not necessarily stipulate that it is a service provider as defined in 17USC section 512(c) or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available under the copyright law. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice pursuant to the statutory requirements imposed by the DMCA. If Company receives a proper notification (or if Company believes in its sole discretion) that any materials submitted or posted by you allegedly violate another person's or entity's rights, Company reserves the right to withdraw and remove the affected material from its app, at any time in our absolute discretion. One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.
22. NO WARRANTY:
  1. YOUR USE OF THE APP IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE ON BEHALF OF OURSELVES, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES AND OUR LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
23. LIMITATION OF LIABILITY:
IN NO EVENT SHALL WE, OUR AFFILIATES, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES OR OUR LICENSORS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE OR OUR LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER ANY WYOMING CIVIL CODE WHICH EXISTS.
24. SOLE REMEDY:
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
25. INDEMNITY:
You agree to defend, indemnify and hold harmless ourselves, our parents, our affiliates, our subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, and our licensors from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this Agreement; (b) your use of the app, including any data or work transmitted or received by you or any service provider; (c) your connection to our app; (d) your violation of this Agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider. Members are reminded to print all transaction data, payment methods and this Agreement in order to avoid misunderstandings at a later time.
26. GOVERNING LAW/JURISDICTION:
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THIS AGREEMENT OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR GUEST IN CONNECTION WITH THE APP SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA, STATE OF WYOMING WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS.

The state and federal courts located in Wyoming shall have exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, and by using the app, each Member and Guest hereby waives any claim that he or she is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.