1. ACCEPTANCE OF TERMS
PLEASE REVIEW THE TOU CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS OF THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THE TOU, DO NOT ACCESS OR USE THE SERVICE.
THE TOU REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE, AND YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. PLEASE REVIEW SECTION C.15 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE.
If you are under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you may not use the Service. You represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract. You further represent and warrant that you are not a person barred from accessing or using the Service under the laws of your country of residence or any other applicable jurisdiction. Some parts of the Service may have different age requirements, which will be noted in those parts of the Service, and you represent and warrant that you meet the age requirements of those parts of the Service at the time you access those parts of the Service.
3. MOBILE APPS
theScore further makes available mobile applications for access to certain content from theScore (“Apps”). Your access to and use of Apps is subject to the applicable end user license agreement for each App.
4. Additional Rules and Guidelines
Your access to and use of the Service must further comply in all material respects with any rules and guidelines posted by theScore, including, but not limited to, the Game Info and Rules at http://www.playsquadup.com/support/gameplay/rules. theScore may, at its discretion, update these additional rules and guidelines at any time, with or without prior notice. By accessing or using the Service after any such updates have been posted or otherwise communicated to you, you agree to be bound by such updates.
B. GAME PLAY
- The contests presented through the Service (each, a “Contest”) are games of skill. The winners of Contests are determined by criteria that are delineated within the rules and guidelines for each Contest. Winners are determined based upon participants’ use of skill and knowledge of relevant sports-related information in conjunction with knowledge of the rules of sports in order to accumulate the most points. Each entry must consist of five (5) athletes selected from at least two (2) teams, from real-life sporting events. Each entry must consist of the athlete positions required and meet the specific Contest’s salary requirements. Points are earned or accumulated based upon the performance of the athletes selected in accordance with the scoring details provided within the Service and the Game Info and Rules.
- theScore offers prizes for winning Contests and promotions relating to Contests. Each Contest or promotion is governed by a particular set of rules and guidelines. It is your responsibility to read and understand all applicable rules and guidelines for each Contest or promotion prior to participation.
- theScore’s server clock shall be the official timekeeping device for all Contests and all matters related to timekeeping within the Service.
2. No Gambling
You acknowledge and agree that the Contests are games of skill, do not require any form of consideration by you, do not constitute gambling and shall not be construed in any manner to be any form of gambling. You may in no way utilize the Service for any form of gambling.
- In order to use the Service, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
- When participating in a Contest or otherwise using the Service, you represent and warrant that you (i) are a resident of, (ii) maintain a residential address within; and (iii) are physically located in Canada or the United States (excluding Puerto Rico, the Northern Mariana Islands and U.S. territories and possessions).
When participating in a Contest or otherwise using the Service, you further represent and warrant that:
- you are exempt from backup withholding;
- you have not been notified by the U.S. Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or
- the IRS has notified you that you are no longer subject to backup withholding.
- Employees and contractors of theScore or its affiliates may use the Service for administrative and testing purposes, community-building and other purposes that do not compromise the integrity, fairness or outcome of Contests. Employees and contractors of theScore or its affiliates may only enter public Contests that offer coins as prizes. Employees and contractors of theScore or its affiliates may not enter public Contests that offer cash prizes.
- Athletes, coaches, team management and team support personnel (including, but not limited to, team physicians) and team owners are not eligible to participate in any Contest involving any sport with which they are associated. Referees, league employees, sports commissioners and other individuals who can influence gameplay are also ineligible to participate in any Contest involving any sport with which they are associated.
- You may establish only one user account for participating in all activities within the Service, and only you may use that user account. Any attempt to establish or use more than one user account or otherwise compromise the integrity, fairness or outcome of any Contest or the Service is prohibited.
By inputting a method for receipt of payment, you represent and warrant that:
- you are the Authorized Account Holder (as defined in Section C.2(D)) for that account; and
- you are the lawful owner of the account.
- theScore, at its sole discretion, reserves the right to withhold any Contest prize and suspend, revoke or terminate any user account based upon its reasonable belief that the applicable user fails to meet any of the eligibility criteria set forth in the TOU or has otherwise violated the TOU. theScore further reserves the right to require proof of eligibility and/or identity.
4. Participation in Contests
- By entering a Contest, you agree to be bound by these Rules and the decisions of theScore, which shall be final and binding. You must follow the instructions issued by theScore to complete your entry and participate in a Contest. In the event of a dispute regarding the identity of the user who submitted an entry, such entry shall be deemed submitted by the individual named in the user account used to submit the entry; provided, however, that if this fails to resolve the dispute, the entry shall be deemed submitted by the person whose name is registered with the email service provider for the email address associated with the user account used to submit the entry. theScore reserves the right at its sole discretion not to award a prize to any individual it believes did not submit a winning entry.
- theScore shall have sole authority to determine the winners of all Contests, and the decision of theScore on all matters relating to Contests, including, but not limited to, its determination of winners, shall be final and binding.
- The number of winners and placement of winners (e.g., first, second and third place) will be specified in the rules and guidelines for each Contest. Winners will be determined based upon the most points earned and accumulated in a Contest, and the corresponding prizes will be awarded to each winner’s account within the Service. In the event of a tie, placement of users and awarding of prizes will be as set forth in the Game Info and Rules at www.playsquadup.com/support/gameplay-info/rules or as otherwise posted for Contests.
- Winners will be determined and prizes will be awarded based upon the results at the time the final scoring is calculated by theScore. After winners are determined and prizes are awarded, the final scoring determined by theScore will stand regardless of any official adjustments made by any of the sports leagues; provided, however, that theScore reserves the right to make adjustments based on errors or irregularities in its calculation of results or the transmission of information from its statistics provider. theScore, at its sole discretion, reserves the right to determine winners of Contests before awarding any prizes and to resettle Contests in the event of a violation or suspected violation of the TOU or the Game Info and Rules or as theScore deems necessary in its sole discretion to protect the integrity of a Contest.
- The amounts for prizes for each Contest will be as posted within the Service for such Contest.
- theScore does not permit the substitution or transfer of prizes, except that theScore reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied.
- In the event that there is a challenge by any governmental authority as to whether a prize should be awarded, theScore, at its sole discretion, may determine whether such challenged prize should be awarded.
- In the event that theScore determines that the integrity, fairness or outcome of any Contest has been compromised, theScore may, at its sole discretion, cancel, extend, terminate or modify the Contest as it deems appropriate to remedy the integrity, fairness or outcome of the Contest.
- Prize winners may be required to answer a mathematical skill test in order to be eligible to claim any prize.
6. Vesting Threshold
- Cash prizes do not vest and are not payable until a User has accumulated twenty ($20) dollars in cash prizes (the “Vesting Threshold”). Users can track their cash prizes and their progress towards the Vesting Threshold within the “Winnings” section of the Service. Once the Vesting Threshold has been reached, the User may request a withdrawal by using the Withdrawal function within the Service and by satisfying the requirements set forth in this TOU and the Game Info and Rules. See Section 9 (Withdrawal) for how to request a withdrawal.
- A User may only withdraw the full balance displayed in the Winnings section. Partial withdrawals are not permitted. After each withdrawal, the withdrawn amount will be deducted from the Winnnings section, and the User will need to reach the Vesting Threshold again prior to any further withdrawals.
7. Winner Notification
- A list of winners will generally be posted after the Contest is marked final, which in some cases may not occur until twenty-four (24) hours after the close of the Contest. Winners will be notified within the App, the Service or via email or other communication method where necessary. If the notification to a winner is undeliverable or the address provided is otherwise invalid, the winner may be disqualified.
To obtain the complete list of results for a particular contest in which you were a participant, you may write to:c/o Score Media Ventures Inc.,
500 King Street West, 4th Floor,
Toronto, ON M5V 1L9.
Each request must contain your username, the date of the contest in question and the complete details of the contest in question. You may also view a list of results for any Contest in which you were a participant by clicking on the applicable Contest in the My Entries section of the App and navigating to the “Finished” tab.
8. Tax-Related Issues
- All tax liability relating to a winner’s receipt of a prize is the sole responsibility of the winner. You will promptly provide to theScore upon request any documentation or information that may be required for tax compliance purposes.
- Each user who is a resident of the United States and has won six hundred dollars ($600.00) or more from any contests or games operated by theScore, including contests or games other than Squad Up, must provide theScore with his or her residential address and tax identification number (e.g., Social Security number), along with any other documentation or information that may be required for theScore to file a 1099-MISC form with the IRS (“Tax Information”). You agree to provide such information promptly upon request by theScore. If you are a resident of the United States and have won six hundred dollars ($600.00) or more and have not provided Tax Information to theScore, your ability to withdraw funds from the Service will be suspended until you have provided Tax Information to theScore.
- Users may request a withdrawal within the Winnings section when it reaches the Vesting Amount (as described in Section 6 above) by using the withdrawal option within the Service. A User may only withdraw the full balance displayed in the Winnings section. Partial withdrawals are not permitted. Withdrawal requests may be limited to a certain number within a period of time, as posted by theScore. Users may be required to submit an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification, including, but not limited to, a driver's license, proof of residence, and/or any information relating to payment accounts as reasonably requested by theScore in order to complete a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Withdrawals will be completed via PayPal.
- Withdrawal requests will be processed as soon as possible, but can take up to ten (10) business days following satisfaction of all contest terms and conditions. You may be required to supply a valid, government issued photo identification before a withdrawal can be processed. Withdrawal requests will not be processed unless the User has complied will all applicable contest terms and conditions. Failure to satisfy all contest terms and conditions may result in your contest prize being forfeited.
10. Account Management
- You will be prompted within the App to provide your email address or connect your Facebook account to the Service in order to log in. An account will be created for you once you have provided your email address or connect your Facebook account and provide the necessary permissions. If you provide your email address to create an account, a verification email will be sent to the email address you entered.
- If you wish to stop using the Service, you can do so by deleting the App from your device, by unlinking your Facebook account from the Service, or by contacting theScore at firstname.lastname@example.org.
- If your account remains inactive for one (1) year or more, theScore reserves the right to terminate the account. If your account is terminated due to inactivity, the balance shown in the Winnings section, whether or not it has reached the Vesting Threshold, will be forfeited.
11. Dollar Amounts
- All dollar amounts listed within the Service, including, but not limited to, award amounts, are denominated in U.S. dollars unless otherwise specified.
- You acknowledge and agree that funds displayed in the Winnings section, both before or after reaching the Vesting Threshold, within the Service will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Service.
12. Promotional Assistance
Each contestant and winner:
- shall provide assistance to theScore and its service providers as reasonably requested in connection with the marketing of the Service; and
- hereby irrevocably grants theScore, its affiliates and their respective service providers the right and permission to use his or her name, picture, likeness, voice and general biographical information in connection with the development, production, distribution, advertising and marketing of the Service. Each contestant and winner grants such right and permission without further notice or approval, compensation from or liability to theScore and its service providers, except as prohibited by law. theScore reserves the right to make public and promotional statements relating to Contest winners via the Service, radio, television, Internet or other means of communications now known or later developed.
C. GENERAL TERMS
1. Grant of Rights
Subject to your compliance with the TOU in all material respects, theScore grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- access and view pages from the Service for your personal, non-commercial use only; and
- print a reasonable number of such pages for your personal, non-commercial use only.
- To the extent that a Site provides online access to any software, application or other similar online components, then, subject to your compliance with the TOU in all material respects, theScore grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by theScore for accessing such components and only for your personal, non-commercial purposes.
In registering for the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or theScore reasonably suspects that you have done so, theScore may suspend or terminate your account.
- You are fully responsible for all activities that occur under your account. You may not share your account with anyone. You agree to notify theScore immediately of any unauthorized use of your account or password or any other similar breach of security.
You represent and warrant that you are:
- of legal age to form a binding contract in the jurisdiction within which you reside;
- not listed on any U.S. Government list of prohibited or restricted parties; and
- not a person barred from accessing or using the Service under the laws of your country, state or province of residence or any other applicable jurisdiction.
- You further represent and warrant that you are the person assigned and authorized by the Service Provider to use the email address and account in the Registration Data (“Authorized Account Holder”). As used herein, “Service Provider” means the Internet service provider, email service provider or other organization responsible for assigning email accounts for a domain name associated with an email address.
3. RESPONSIBILITY FOR CONTENT
- You acknowledge and agree that all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not theScore, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not theScore, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).
- You acknowledge and agree that theScore has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although theScore reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing, theScore shall have the right to remove any Content that violates the TOU or that it deems objectionable.
To the extent that you submit any Content, you represent and warrant that:
- you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and
- Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any third party.
4. RIGHTS TO CONTENT
heScore does not claim ownership of Your Content. However, you grant theScore and its service providers a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, sublicensable, transferable license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publish, publicly perform and publicly display Your Content in connection with the Service. You understand that the technical processing and transmission of data associated with the Service, including Your Content, may require:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Except with respect to Your Content, you agree that theScore and its licensors own all rights, title and interest in the Service and all materials within the Service. Except with respect to Your Content or as expressly permitted by the TOU, you may not:
- use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content;
- frame or utilize any framing technique to enclose any Content;
- decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or
- access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by theScore. theScore reserves all rights not expressly granted to you.
- Certain Content is reproduced by theScore under license, as set forth at http://www.playsquadup.com/support/legal/copyright.
- The names, logos and other trademarks of theScore and/or its affiliates are identified at http://www.playsquadup.com/support/legal/trademarks (“theScore Marks”). The absence of any name, logo or other trademark from this list does not constitute a waiver of any intellectual property rights that theScore may have established in such name, logo or trademark. You agree not to display or use in any manner any theScore Mark without theScore’s prior written consent.
5. User Conduct
In connection with your access to or use of the Service, you shall not:
upload, post, email, transmit or otherwise make available any Content that:
- is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable;
- may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
- infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or
- contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
- comprise the integrity, fairness or outcome of any Contest or otherwise tamper with any other aspect of the Service, or collect points or prizes through improper means (including, but not limited to, the use of automated scripts or multiple accounts);
- impersonate any person or entity, including, but not limited to, theScore personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- act in a manner that negatively affects the ability of other users to access or use the Service;
- take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- use spiders, crawlers, robots or any other similar means to access the Service, or otherwise substantially download, reproduce or archive any portion of the Service;
- sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
- violate any applicable local, state, provincial, federal, national or international law or regulation.
If you elect to provide or make available to theScore any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), theScore shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without restrictions and without credit or compensation to you.
7. Dealings With Advertisers And Other Third Parties
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that theScore shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
8. Links and External Materials
9. Modifications To The Service
theScore reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that theScore shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
10. Termination And Survival
In the event that you violate the TOU, all rights granted to you under the TOU shall be terminated immediately, with or without notice, and theScore, in its sole discretion, may remove and discard Your Content. The provisions of the TOU that should by their nature survive termination of the TOU shall survive such termination.
You agree to indemnify and hold theScore and its parents, subsidiaries, affiliates, and their respective officers, directors, employees, agents, mandataries, partners and licensors (collectively, the “theScore Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOU or any law or regulation; or (c) violation of any rights of another party.
12. DISCLAIMER OF WARRANTIES
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESCORE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THESCORE PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
13. LIMITATION OF LIABILITY
- YOU ACKNOWLEDGE AND AGREE THAT THESCORE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THESCORE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THESCORE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE EXCEED $50.
- CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
14. Governing Law
For Canadian Residents: The TOU shall be governed by and construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside apply, in which case the laws of such jurisdiction will apply.
For All Others: The TOU shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles.
For All Users: The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOU.
15. BINDING ARBITRATION AND CLASS ACTION WAIVER
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOU, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that:
For Canadian Residents: The hearing will be conducted in Toronto, Ontario, Canada or the city within Canada in which you reside; or
For All Others: The hearing will be conducted in the County and State of New York or the city within the United States in which you reside.
The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN:
FOR CANADIAN RESIDENTS: A COURT OF COMPETENT JURISDICTION IN TORONTO, ONTARIO, CANADA; OR
FOR ALL OTHERS: THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE SUPREME COURT OF NEW YORK COUNTY.
YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and theScore may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOU or any end user license agreement for an App, there shall be no third-party beneficiaries to the TOU.
17. Procedure for Making Claims of Copyright Infringement
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide theScore’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you 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 the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. theScore’s Agent for Notice of Copyright Claims can be reached as follows:Agent for Notice of Copyright Claims
c/o Score Media Ventures Inc.
500 King Street West, 4th Floor
Toronto, ON M5V 1L9
Phone: (416) 479-8812
18. GENERAL PROVISIONS
The TOU constitutes the entire agreement between you and theScore concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and theScore with respect to such subject matter. The failure of theScore to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOU. Any prevention of or delay in theScore’s performance hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations hereunder for a period equal to the duration of any such prevention or delay. Except to the extent theScore is expressly precluded by applicable law, theScore further reserves the right to, within its sole discretion, make changes to these TOU and the Game Info and Rules on a prospective basis, including to reflect changes in or required by law or changes in business practices by posting a notice of change at http://www.playsquadup.com/support/legal/. If you continue to use of the App or access the Services after the notice of the changes has be posted, then you shall be deemed to have accepted those changes. It is the express wish of the parties that the TOU and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.