VERDICT MMA TERMS AND conditions
IMPORTANT! YOUR ACCESS TO AND/OR USE OF THE VERDICT MMA WEBSITE AND/OR THE VERDICT MMA MOBILE APPLICATION IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THE VERDICT MMA WEBSITE AND/OR THE VERDICT MMA MOBILE APPLICATION BY CLICKING THE “I ACCEPT” BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT THIS APPLICATION AND DO NOT USE OUR SERVICES.
This Website and Mobile Application Legal Terms and Conditions (the “Agreement”) is an agreement between you (“you”) and Verdict MMA, Inc. (the “Company”) and governs your use of and participation in the Company’s fantasy sports tournaments (each, a “Tournament,” collectively, “Tournaments”) products, services, and promotions (collectively, the “Services”). Each of the terms “we,” “us” and “our” means the Company. The effective date of this Agreement is when you accept or are deemed to accept this Agreement in accordance with the procedure set out herein.
This Agreement will affect your legal rights, and we strongly recommend that you read the Agreement in its entirety and seek independent legal advice to address any questions you may have regarding the Agreement prior to clicking the "I Accept" button.
By clicking on the "I Accept" button, you represent and warrant to the Company that you fully understand and agree to comply with all the terms and conditions of this Agreement and that failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal action against you by the Company. This Agreement incorporates by reference all guidelines and/or rules applicable to the Services, which are posted by the Company from time to time, as may be amended from time to time by the Company.
You acknowledge and agree that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, service-marks, logos and trade names including, but not limited to the name “VerdictMMA.com” (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or, if applicable, its licensors, as the case may be. Without limiting the generality of the foregoing, the term “Content” shall also include images, pictures, graphics, photographs, animations, videos, music, audio, text and the Tournaments. You agree that the Content is protected by copyright and trademark law, and the Company reserves all right in relation to the Content.
You agree that you will not:
The Company hereby grants to you a personal, non-transferable and non-exclusive license to access, read and download the Content solely for your use of the Verdict MMA Website and the Verdict MMA Mobile Application (each, a “Distribution Channel,” collectively, the “Distribution Channels”) as well as the Tournaments. You further agree that your use of any software through any Distribution Channel (the “Software”) is governed by the terms and conditions of this Agreement.
Subject to local laws, you consent to the use of your name, voice and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of the Services. You agree and acknowledge that, in the event that you win a Tournament, from the date of our notifying you of your status as a potential winner, and until such time that we inform you that you no longer need to do so, you will make yourself available to us for publicity, advertising and promotion activities.
YOUR ACCESS TO THE CONTENT, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE CONTESTS IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE CONTESTS BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. THE DISTRIBUTION CHANNELS, THE CONTENT, THE CONTESTS AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DISTRIBUTION CHANNELS, THE CONTESTS OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE DISTRIBUTION CHANNELS, THE CONTESTS AND THE SOFTWARE LIES WITH YOU. IN NO CASE WILL THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION YOUR USE OF THE DISTRIBUTION CHANNELS, THE CONTESTS OR THE SOFTWARE, BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, YOU PAID TO ACCESS OUR WEBSITE.
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE DISTRIBUTION CHANNELS, THE CONTESTS OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS WITHIN THE DISTRIBUTION CHANNELS WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE DISTRIBUTIONS CHANNELS AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE DISTRIBUTION CHANNELS OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT, WHICH MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE DISTRIBUTION CHANNELS. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
The Distribution Channels contain links to third-party websites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with the same. The Company does not recommend or endorse any of the content, including without limitation any hyperlinks to or content found, within other distribution channels. The mention of another party or its product or service through the Distribution Channels should not be construed as an endorsement of that party or its products or services.
The Company will not be responsible for any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.
THE TERMS OF THIS AGREEMENT MAY BE CHANGED, FROM TIME TO TIME BY THE COMPANY ACTING IN ITS SOLE DISCRETION, WITHOUT NOTICE TO YOU. WE STRONGLY RECOMMEND THAT YOU REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT ON A REGULAR BASIS TO STAY INFORMED OF SUCH CHANGES, IF ANY.
This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company under this Agreement, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, your license to the Company, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
You agree at all times to indemnify, defend and hold harmless the Company, its directors, officers, shareholders and employees, including the Company’s agents, suppliers, affiliates and their respective directors, officers and employees, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of your use or misuse of the Content or the Distribution Channels in any manner whatsoever.
Further, we may, in our sole discretion, require you to execute a separate release of claims similar to the one in this Section 8 as a condition of being awarded any prize or receiving any payout.
We are not responsible for incomplete, illegible, misdirected or stolen Tournament entries. If for any reason a Tournament is not capable of running as originally planned, or if a Tournament, computer application, or website associated therewith becomes corrupted or prevents proper entry into a Tournament. Further, we reserve the right, at our sole, to disqualify any individual implicated in actions or occurrences that corrupt or affect the administration, security, fairness, integrity or proper conduct of a Tournament, such actions or occurrences may include, without limitation, the following: (a) infection by a computer virus or bug; (b) tampering; (c) fraud; or (d) technical failures. In the event of one or more of these occurrences, we also reserve the right to cancel, terminate, extend, modify or suspend the respective Tournament and select the winner(s) from eligible entries received.
To participate in any Tournaments, you will need to register for an account ("Account") by choosing a unique account name (“Account Name”) and entering other information such as your first and last name, address, email and telephone number. You agree to provide only true and current information, and you further agree to update this information as necessary to keep it true and current. Setting up an Account will enable you to access the Tournaments.
When you participate in a Real-Money Tournament and complete the entry process, the listed amount of US dollars will be debited from your Account. By inputting a payment method to participate in the Real-Money contests, you hereby affirm that you are the lawful owner of the payment method account used to make any deposit(s) through the Distribution Channels. Submitting payment using any payment method that you do not own shall be a violation of this Agreement.
The Tournaments offered through this Service are contests of skill, with the winners of each Tournament determined by the objective criteria described in the respective Tournament’s rules. Successful outcomes are determined by skill and knowledge of relevant sports information and fantasy sports rules
Each Tournament or promotion is governed by its own set of rules, which you will have an opportunity to read prior to entry. We encourage you to read the official rules of any Tournament in which you participate.
For each Tournament, the results and prize calculations are based on the final statistical results at the completion of the last sporting event that impacts such results, and prizes for each Tournament are awarded after the results for such Tournament are reviewed and graded. The scoring results of a Tournament will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in our sole discretion.
We reserve the right, in our sole discretion, to (i) prohibit you from participating in head-to-head contests for any reason whatsoever, and (ii) invalidate any head-to-head contest result in order to prevent unfair or unlawful activity.
Prizes associated with each Tournament will be awarded on the following day at the time designated in the Tournament rules, except in circumstances in which technical failure, inability of the Company to verify your compliance with this Agreement or other reasons prevent such timely payout. The prizes are listed in a prize table that is published prior to any participant’s entry. Prize winnings are added to the winning participants’ account balances, and in the event of a tie, winnings are divided evenly among the participants who are tied.
We reserve the right, in our sole discretion, to cancel or suspend any Tournaments (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of such Tournament.
All prizes are awarded "as is" and without warranty of any kind, express or implied.
The Tournaments are for entertainment only, and your participation in the Tournaments is solely for your own personal enjoyment and non-professional use. You agree to keep your Account information secret and confidential and to not allow anyone else to use it. No purchase is necessary or required to participate in the Free-Play Tournaments, and you may Participate in Free-Play Tournaments without paying an entry fee. Any participation in the Tournaments is at your sole option, discretion and risk. By participating in the Tournaments, you acknowledge that you do not find them to be offensive, objectionable, unfair or indecent. Any other entrance, access, or use of our Distribution Channels is strictly prohibited. You hereby acknowledge that there is a real risk that you will lose your money by participating in the Real-Money Tournaments and agree that the Company will not be responsible to you in any way for such loss.
The Services and all components thereof are provided “as is,” “as available” and “with all faults.” To the fullest extent permissible by law, we make no representation, warranties or endorsements, express or implied, regarding the Services, the Content or the Distribution Channels. We do not warrant that (a) the Distribution Channels, the functions thereof or the Content will be uninterrupted or error-free; (b) defects will be corrected; or (c) that the Distribution Channels or the servers hosting the Content are free of viruses or other harmful components. We do not warrant that your activities or use of the Services is lawful in any particular jurisdiction and specifically disclaim such warranties and we disclaim all express and implied warranties, including, without limitation, noninfringement, merchantability, fitness for a particular purpose and title. Further, we shall not be liable for your use of the Services.
All live statistics and other information which we provide through the Distribution Channels, as well as through third-party information sources, are unofficial. Live sports statistics are offered for informational and/or entertainment purposes only and are not used to determine the results of our Tournaments. Neither we, nor our third-party providers warrant or make any representations of any kind with respect to the information provided through the Distribution Channels and/or third-party information sources and we will, therefore, not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through the Distribution Channels and/or third-party information sources. Further, we will not be responsible or liable for any error or omission made in the delivery of such information.
You may only participate in the Tournaments if it is legal for you to do so according to the laws that apply in the jurisdiction from where you are accessing the Services. You agree and acknowledge that the Company has no duty to provide you any legal advice or assurances with respect to the applicable laws governing your right to participate in the Tournaments and that it is your sole responsibility to ensure, at all times, that you comply with the laws that govern you and your rights to participate in the Tournaments. By participating in the Tournaments you represent and warrant to the Company that you are in compliance with applicable laws when participating in the Tournaments and have the legal right to participate in the Tournaments. Participation in the Tournaments is void for whomever and wherever prohibited by law. An account opened by any individual located in any jurisdiction in which the Services are prohibited by law is a breach of this Agreement, and the Company will close such account subject to the terms and conditions contained in this Agreement.
You may register only one account per person to participate in the Services. In the event we discover that you have opened more than one account per person, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes to you.
By inputting a payment method to participate in the Tournaments, you hereby affirm that you are the lawful owner of the payment method account used to make any deposit(s) through the Distribution Channels. It shall be a violation of this Agreement for you to submit payment using any payment method that is not owned by you. If any deposit is charged back, any winnings generated from the Tournaments shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from your Account balance. In the event of a deposit being charged back, we reserve the right to close your account without notice.
Each Real-Money has an entry fee listed in US dollars. When you select to participate in a Tournament and complete the entry process, the listed amount of US dollars will be debited from your Account.
To be eligible to enter any Tournament or receive any prize, you may be required to provide us with additional documentation and/or information to verify your identity as well as ensure fulfillment of all other eligibility requirements. In the event of a dispute as to your identity or eligibility, we may utilize certain information we’ve collected to assist in verifying your identity and/or eligibility.
For the purposes of this Agreement, the term “Unauthorized Person” means (a) any officer, director, employee, consultant or agent of the Company or one of its affiliated or subsidiary companies, or a supplier or vendor to the Company, or (b) any relative living in the same household as any Unauthorized Person (an “Immediate Family Member”). Subject to the exception in the following paragraph, Unauthorized Persons are not permitted to register to participate directly or indirectly in any of the Tournaments. The Company will withhold any and all winnings to be paid to persons who are in breach of this provision.
Exception: Unless otherwise prohibited by local laws, Unauthorized Persons may be permitted to play in Tournaments which are not listed within the Distribution Channels and are hosted by other participating Unauthorized Persons.
Subject to the preceding exception, the following additional persons are also prohibited from participating in the Tournaments: (i) any employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person; (ii) any person who has (or has had) access to any pre-release, confidential information or other information that is not available to all other Tournament participants ("Pre-Release Data"); (iii) any employee of a sponsor, consultant or supplier of the Company or any other daily fantasy sports contest provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant's participation in a Tournament; (iv) any employee, operator or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Tournaments by such governing body; (v) any person prohibited from participating pursuant to court order; (vi) any person who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Tournament from any person who is prohibited from entering a Tournament as provided in this Agreement; or (vii) any person who engages in improper conduct, as described in Section 14 of this Agreement.
Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their Immediate Family Members, are not eligible to participate in, and are strictly prohibited from entering, any Tournaments in the sport in which they are associated.
The Company, at its sole discretion, may disqualify any entrant from a Tournament, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Tournament or is in any way detrimental to other entrants. Such “Improper Conduct” may include, without limitation, the following: (i) falsifying personal information required to enter Tournaments and/or claim prizes; (ii) engaging in financial fraud (including unauthorized use of credit instruments); (iii) colluding with other participants; (iv) any violation of the Tournament Rules, Policies and Procedures or this Agreement; (v) using a single Account to participate in a Tournament on behalf of multiple entrants; (vi) using automated means to interact with the Distribution Channels in any way; (vii) using automated means (including, but not limited to, harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Distribution Channels or of any other participant for any purpose; (viii) any type of abuse of promotional offerings (bonus abuse, for example); or (ix) obtaining other participants’ information and spamming other Participants.
Forfeiture and/or return of any prize will not prevent us from pursuing criminal or civil proceedings in connection with Improper Conduct.
If applicable, tokens, points, play money and/or any type of currency used to fund any Free-Play account will be kept separate from legal currency or money (authorized by law) and are not transferable or exchangeable within an Account. Further, play money funds have no value in and of themselves and are not transferable or redeemable for any legal currency. To play the Real-Money Tournaments, you will be required to deposit legal currency into your Account by any of the methods specified through the Distribution Channels, which may change from time to time in the Company's sole discretion. The Company will deposit such funds into your Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum deposit limits and the method of deposit will be determined by the Company from time to time, acting in its sole discretion. The Company will pay, track and maintain all funds in United States Dollars, except as otherwise stated. The Company will not be required to pay you any interest on any funds deposited with the Company, its agents or affiliates.
Deposits made through the Distribution Channels will appear on your statement as Verdict MMA. All payments are final. Subject to the terms set out in Section 20, you will have the option to cash out the full amount of your deposit, but no direct refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
You may only use complimentary or bonus amounts credited into your Account by the Company (if any) for promotional purposes for play in the Tournaments. You are not entitled to, and agree not to, withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering, and if none, then the terms and conditions set forth on the Standard Promotional Offer Terms and Conditions are incorporated herein by reference. Further, the Company reserves the right to reclaim any bonus amounts paid into your Account if you do not use them within the period of time specified.
We reserve the right to cancel any Tournament at any time. In the event of a cancellation, all entry fees will be refunded to your Account in accordance with this Agreement.
Your account balance ("Account Balance") is the amount of legal money deposited to your Account to access the Real-Money Tournaments, plus or minus any accrued winnings or losses from playing the Tournaments, less any amounts previously cashed out by you, and less any amounts forfeited by you or amounts reclaimed or withheld by the Company pursuant to the terms of this Agreement. Subject to the rules associated with each deposit method, the exception set out in the following sentence and the exception set out in the following paragraph, you may request to cash out and withdraw any or all of your Account Balance at any time, and there is no requirement to play the Tournaments in order for you to make such request. You may not withdraw promotional deposits, credits or bonuses from your Account unless and until the terms of the relevant promotion have been met.
Upon receiving any request from you for withdrawal of funds, we reserve the right, at our sole discretion, to require you to complete and execute an affidavit of eligibility in which you are required to represent and warrant that you are: (i) eligible to participate in the Tournament(s) through which you won money, and (ii) in full compliance with this Agreement. In doing so, we may also require you to provide documentation or proof of eligibility and compliance. If we make such a request and you fail to execute an affidavit within 10 business days of receiving such request, of if we otherwise determine that you do not meet the eligibility and/or compliance requirements, we reserve the right, in our sole discretion, to terminate your account and withhold or revoke the awarding of any prizes associated with such account. Accordingly, we may pay out any withheld or revoked prizes to the other entrants in the relevant Tournament in accordance with the Tournament rules. Pending our approval, money withdrawn from your account will be credited back to the same accounts of the credit card or method of payment used to deposit funds into the Account.
All amounts cashed out are subject to the transaction limits and processing fees as set forth at https://verdictmma.zendesk.com/hc/en-us/requests/new,_ _as determined by the Company acting in its sole discretion. Further, we may report and withhold any amount from winnings as required by law, and in any event, all federal, state, provincial and local taxes due in connection with any winnings awarded to you are your sole liability. Subject to the exception in the following sentence, in no event may Account Balances be transferred, substituted or redeemed for any other prize. Notwithstanding the previous sentence, we reserve the right, at our sole discretion, to substitute a prize of equal value or greater if the advertised prize is unavailable.
Payment of funds cashed out shall be made by check, wire, credit card and/or any other manner that we select in our sole discretion. Payments will be made as promptly as possible, subject to local laws as well as any reasonable security reviews by the Company.
In order to participate in Real Money Tournaments you will be required to financially transact with us, which entails depositing money with us and receiving money from us. The Company reserves the right to sub contract and use third-party payment processors and/or financial institutions ("Electronic Service Providers" or "ESPs") to process such financial transactions. In furtherance of such processing, you hereby irrevocably authorize us, as necessary, to instruct such ESPs to handle account deposits and cash outs from your Account and you irrevocably agree that the Company may give such instructions to ESPs on your behalf. You agree to be bound by the terms and conditions of use of each applicable ESP. You agree that in the event of a conflict between this Agreement and the ESP's terms and conditions, this Agreement shall prevail
To maintain a high level of security, the Company reserves the right to conduct a security review at any time to validate your identity, verify your financial transactions and further document your consent to this Agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as the Company, in its sole and unfettered discretion, deems necessary. If you fail to comply with any security request, the Company reserves the right to void your Account. You will be notified of such verification request by electronic mail or telephone, and Account Balances will be forfeited if you fail to provide the Company with such requested documentation and information within the time period reasonably specified by the Company. Such request for documentation and information may include a sworn affidavit of identity and eligibility, release of liability in favor of the Company and publicity authorization.
The Company reserves the right to cancel your Account for any reason whatsoever at any time without notice to you pursuant to the terms of this Agreement. If you do not access your Account by logging in to your Account using your Account Name for a period of one hundred and eighty (180) consecutive days: (a) your Account may be closed and the entire Account Balance will be deemed abandoned and forfeited; and (b) the Company may close any account you may have with an ESP; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to play any Tournament, deposit funds or participate in any activity through the Distribution Channels.
The Company reserves the right, in its sole discretion, to void any winnings and confiscate any balance in your Account (and any ESP account or Company related or affiliated account including any such account you may have with other websites and casinos owned or operated by the Company) in any of the following circumstances:
You are responsible for maintaining the confidentiality of your Account Name and of the details provided directly to you by the Company in order to enable password-less authentication (“Login Details”), and you accept responsibility for all activities, charges and damages that occur through your Account. You agree to keep your Account secret and confidential and to not allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your Account Name and Login Details to another person, and such disclosure results in a third party participating in the Tournaments using your Account Name and Login Details, you will not be refunded any resulting losses, regardless of whether such third party did or did not obtain your consent. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. The Company shall not be required to maintain Account Names or Login Detailss if you misplace, forget, lose, or are otherwise unable to enter your Account for any reason other than the Company's fault.
Use of abusive or offensive language with other Tournament participants or with Company staff is not permitted. Any violation of this policy may result in a suspension of playing privileges or such other action as may be required by the Company to ensure compliance. You hereby agree that you shall not post any unlawful, obscene, libelous, defamatory, threatening, or other materials that would violate any law or generally be considered offensive via the Distribution Channels or in any correspondence with the Company’s staff. Abusive or offensive language includes, but is not limited to, any statements that are in the Company's sole opinion, obscene, profane, racist, in bad taste, slanderous or unnecessarily hostile.
Further, you agree that you shall not make any statements on or through the Distribution Channels which promote any website, service or product of any party except the Company. You shall not make any statements about the Company, the Services, the Distribution Channels or the Tournaments that are untrue or would reasonably be considered to be derogatory or critical.
At no time will you or any individual or organization you are affiliated with advertise third-party products or websites to fellow users via the Distribution Channels without the express written permission or agreement of the Company. The Company reserves the right to suspend or indefinitely terminate accounts of players who misuse the Distribution Channels to make statements that advertise any product, website or service that is not endorsed by the Company.
If, in the Company's sole determination, you are found to have cheated or attempted to defraud the Tournaments, the Distribution Channels, other players or the Company in any way including but not limited to game manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to the Company's operation in any media or forum, the Company reserves the right (and you authorize the Company) to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other online gaming sites, banks, credit card companies, law enforcement departments and other appropriate agencies. The Company may close any accounts, and forfeit account balances, that you have on deposit with us. Further, in the event you dispute a credit card transaction made through a Distribution Channel as being unauthorized or made in a “card not present” environment, the Company may charge an administration and recovery fee of up to $USD 500.00 per disputed transaction if it is deemed by the Company that the transaction was authorized and legitimate. The Company may also engage the services of debt collection agencies to recover from you the amount of any disputed transactions or chargebacks, administration and recovery fees, and other associated credit card processing fees or fines.
You agree that you will not participate in any Tournament or use the Services in any way for the purpose of transferring money to another participant. In the event you breach this Section, we may, acting in our sole discretion, terminate your Account without refunding any money that may be held in your Account at the time of such termination.
In order to comply with various jurisdictions’ anti-money laundering laws, we reserve the right to report suspicious transactions to federal, state, provincial or local authorities and law enforcement agencies within such jurisdictions. In exchange for our permitting you to participate in, use and access our Services, you hereby grant us the right to report any transactions which we deem suspicious, as determined solely by the Company acting in its sole discretion. Examples of a suspicious transaction include but are not limited to: use of funds suspected to be derived from illegal activities; any suspected intention to conceal or disguise funds derived from illegal activities; or suspicion that the involvement of our Services is in any manner intended to facilitate criminal activity.
If for any reason we are of the belief or become aware of any transaction which we deem suspicious in nature, we may without prior notice or explanation to you take the following actions, which are in addition to all other rights and remedies available to us under this Agreement, at law or in equity:
Customer deposits and player winnings upon completion of the Tournaments are held in a separate, segregated bank account. If you believe that funds held in bank accounts with Verdict MMA, Inc. have been misallocated, compromised or otherwise mishandled, you may register a complaint with Verdict MMA, Inc. by emailing <[email protected]> or in writing to <8 The Green Suite #11872
Dover, Delaware, 19901, United States>. We will use our best efforts to respond to such complaints within ten (10) business days. If we. determine that the relief requested in the complaint will not be granted, we will provide specific reasons therefore. If we require more information to process your complaint, we will inform you of the form and nature of the information needed.
TERMS AND CONDITIONS GOVERNING CREDIT CARD USE
None of the above merchants shall be responsible in any way if you are not satisfied with the Services.
<[email protected]>.If possible, we will cancel the credit card transaction or directly refund the charged credit card, but in some cases, we may not be able to do this due to credit card processing regulations. If we cannot cancel a transaction or refund your deposit directly to your credit card depending on the region you are located in, subject to Section 39, we will refund you by depositing funds directly into a bank account selected by you, or via Nuvei (together, the “Alternative Refund Options”). We may require additional verification from you if we cannot refund your deposit directly to your credit card.
GENERAL CONTRACT PROVISIONS
If you have any dispute with regard to any outcome in the Tournaments or other activity on our website, you must submit your complaint to the Company in writing within fourteen (14) days of the incident in dispute by email to <[email protected]>.
This Agreement shall be governed by and construed in accordance with the laws of Delaware, without giving effect to conflicts of law principles. The parties submit to the exclusive jurisdiction of Delaware for the settlement of any disputes arising out of or concerning this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended from time to time. The Company reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted through the Distribution Channels. It is your sole responsibility to review this Agreement and amendments hereto each time you engage our Services. The terms and conditions contained herein represent the complete and final agreement between you and the Company and supersede any and all prior agreements, representations or statements made by the Company.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in United States dollars.
This Agreement shall inure to the benefit of, and be binding upon, you and the Company (the “Parties”) and the Parties’ respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
PLEASE PRINT A COPY OF THE TERMS OF THE AGREEMENT FOR YOUR REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
Copyright © 2022 VERDICT MMA, INC. All rights reserved.
VERDICT MMA, INC. can be contacted by email at <[email protected]>.
As a user of our Services, you have the following rights as they relate to Personal Information:
When we talk about “Personal Information”, we mean any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person.
We collect Personal Information when you voluntarily provide it through our Services, or when you provide it to us through other means. The categories of Personal Information we collect depends on how you use our Services. For example, we may collect Personal Information when you:
We also collect information about you from other sources. We may obtain this information from sources such as:
The Personal Information we collect from you may include:
When you interact with us or other users of the Services we collect certain information. This information may include:
When you use our Services, we may collect information that is automatically sent to us by your computer and/or mobile device which runs our Site or App. This information may include your IP address. We may also collect other information, such as data about your usage of our Services. Additionally, we may also collect other technical and system log information from you, such as:
We use this information to improve our understanding of how users use our Services, and to improve our Services. The amount of information that is sent to us by technological means depends on your device and settings you use. Please refer to the instructions provided by your device if you want to learn more about what information it sends to Services you use, or how you may change or restrict this.
Generally, we do not disclose your Personal Information to third parties without your consent. However, in order to provide you with the Services, we may need to transfer your Personal Information to our subsidiaries, parent companies, employees, contractors, consultants, government agencies and regulators, and other parties who require such information to assist us with managing and administering our relationship with you, including:
Additionally, in order to provide you with the Services, we may need to transfer your Personal Information to third party technology companies for the purposes of processing and storing your Personal Information. Our business necessitates using: (a) cloud storage and hosting providers; (b) email services providers; and (c) payment processors. We consider these services, platforms, and applications to be integral to our delivery of the Services to you.
Under certain circumstances, we may disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
We reserve the right to transfer Personal Information to a third party in the event that we merge with or are acquired by a third party, or as part of the negotiations leading up to such merger or acquisition. We also may disclose your Personal Information for any other purpose permitted by law or to which you consent.
We may disclose your Personal Information in the good faith belief that such action is necessary:
We do not sell our users’ Personal Information to third parties.
We may request to send you push notifications regarding your account or the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
We use Firebase Google Analytics, which is a mobile app analytics service offered by Google. We also use Mixpanel, which is a product analytics service offered by Mixpanel, Inc. We use Firebase Google Analytics and Mixpanel to allow tracking technologies and remarketing services on the App through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the App, determine the popularity of certain content, and better understand online activity. More information about Google Analytics for Firebase can be found here. More information about Mixpanel can be found here.
We use all options that Google Analytics and Mixpanel provide for maximising your privacy including instructing them to anonymise your IP address, transmitting data by an SSL connection only, and manually stripping out any personally identifiable information before transmitting to Google Analytics and Mixpanel.
If you do not consent to having your activity on our Services made available to Google Analytics or Mixpanel, please do not use our Services or submit any Personal Information to us.
The security of your Personal Information is important to us. We are committed to ensuring your Personal Information is protected and will use industry-standard security measures, including Secure Socket Layer (SSL) technology, to do so. Personal Information may only be accessed by persons within our organization who require such access to provide you with the services indicated above. All personal information is stored in a password secured database inside a Virtual Private Cloud (VPC).
While we endeavour to keep your Personal Information safe, our collection, use, and disclosure of your Personal Information is not without risks. For example, our security safeguards may be compromised by viruses, hacking attempts, or physical break-ins. Consequently, we cannot guarantee the security of your Personal Information. If your Personal Information was wrongfully accessed, there is a risk that you may suffer a harm, such as identity or credit card theft or financial loss.
Please be careful whenever sending Personal Information to us via email. Email is generally not a secure means of transferring information. We therefore cannot guarantee that this information will not be lost or used in a fraudulent manner and we encourage the use of email encryption or other encrypted services to communicate with us.
Please also be careful to keep your email password secure. In order to help keep your email password secure, we encourage you to never give out your email password, and to enable multi-factor authentication.
We may need to transfer your Personal Information to our subsidiaries and affiliates, as well as to our service providers, for processing. This processing supports our business. For example, we may transfer your Personal Information to our cloud hosting provider for storage and retention purposes. We ensure that these recipients of your Personal Information are contractually obligated to keep your Personal Information confidential, to use it only for the purposes for which we transfer it to them, and to process the Personal Information with standards at least as stringent as those set out in this policy.
Personal Information may be stored and processed in any country where we do business or our service providers do business. We may transfer your Personal Information to countries other than your own country, including to the United States. These countries may have data protection rules that are different from your country. When transferring data across borders, we take measures to comply with applicable data protection laws related to such transfer. Officials (such as law enforcement or security authorities) in those other countries may be entitled to access your Personal Information. By using any of our Services, or by sending us any Personal Information, you consent to such transfers.
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
You have a right to challenge the accuracy and completeness of your Personal Information and to have it amended, as appropriate. You also have a right to request access to your Personal Information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal Personal Information about another individual, your request for access may be limited or denied.
To request access or to amend your Personal Information, please contact us using the contact information provided below. Once we receive and confirm your request, we will disclose to you:
You may withdraw your consent to our collection, use, and disclosure of your Personal Information at any time, subject to legal and/or contractual restrictions and reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your Personal Information may impact our ability to provide you with products and services and may impact your ability to use the Services. To withdraw consent, please contact us using the contact information provided below.
You can opt out of marketing or advertising emails by utilizing the “unsubscribe” link or mechanism noted in marketing or advertising emails you receive from us.
You may contact us at any time to request that we delete your Personal Information, including any account information you have submitted to us, as set out in this agreement. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
We endeavor to respond to requests within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
If you are located in the European Economic Area, we have appointed Prighter as our privacy representative and your point of contact. Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative, Prighter, or make use of your data subject rights, please visit: https://prighter.com/q/14803516735.
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