Platform & Location Restrictions.
The Services are offered solely through the Eazy6 iOS mobile
application and only to users who are physically located within the United
States (subject to state-by-state restrictions). We do not currently offer the
Services via Android devices or a web browser.
Use of the Services from outside the United
States (including U.S. territories) is prohibited, and access may be blocked if
your device is detected outside the U.S.
These Terms of Service (the “Terms”)
are a legal agreement between you and Oakridge Interactive LLC, and as
applicable, its subsidiaries and affiliates (collectively, “Oakridge
Interactive,” the “Company,” “we,” “our,” or “us”). Oakridge Interactive owns
and operates the Eazy6-branded iOS mobile application (the “Eazy6 App” or
“App”), which is available through Apple’s App Store. Through the App we offer free-to-play contests, and other sports-related contests, tools, and services (collectively,
the “Services”). Before accessing or using the Services, please read these
Terms carefully, together with any additional terms, rules, guidelines, and
conditions that we may publish or provide from time to time for specific
contests, promotions, or features (collectively, the “Additional Terms”). The
Terms and any applicable Additional Terms together form the agreement between
you and Oakridge Interactive governing your use of the Services.
Entertainment Purposes Only; No Monetary
Value.
The Services are offered for entertainment
purposes only. The Services do not offer and we do not award or provide cash,
gift cards, prizes, promotional rewards, or anything else of monetary value. No
in-app points, standings, or leaderboard positions have cash or monetary value
and none may be sold, transferred, exchanged, or redeemed for cash or for
anything else of value.
THESE TERMS CONTAIN DISCLAIMERS OF
WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND
CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US,
AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN
LOSSES. IF YOU DO NOT AGREE TO THIS COLLECTION OF TERMS, THEN DO NOT USE THE
SERVICES. PLEASE READ THEM CAREFULLY.
By creating an account or otherwise
accessing and using the Services, you agree to be bound by these Terms, our
Privacy Notice, and all applicable rules that may be published on the Services
by Oakridge Interactive, including any applicable contest and/or promotion
terms and conditions, which form a legal agreement between you and us.
We reserve the right, at our sole
discretion, to make changes to these Terms at any time. If we supplement,
supersede, or make changes to these Terms, such amended Terms will be posted,
and will take effect immediately, unless otherwise stated. You shall be
responsible for reviewing and becoming familiar with any such changes, and your
use of the Services following these changes, supplements, or other
modifications shall constitute your acceptance of the Terms as amended.
1. THESE TERMS
1.1 You represent and warrant that you have
the legal right and ability to agree to these Terms and that you have read,
understood, and agree to the Terms with the intent to be legally bound by
them.
1.2 To access and use the Services,
including to participate in any contests or promotions, you must be at least
eighteen (18) years of age and physically located in a U.S. state or other
jurisdiction where the Company has elected to make the applicable feature
available and where participation is legally permitted (an “Eligible
Jurisdiction”). We may verify your age and location eligibility using
reasonable methods consistent with applicable law and our compliance program.
If minors (as defined under applicable law) have access to your device, we
recommend enabling parental controls to prevent unauthorized access. If we
determine that a minor has accessed or used the Services, the applicable
account may be closed as permitted by applicable law and in accordance with
these Terms.
2. USING THE SERVICES
2.1 You must create an account to access
the Services. You agree to provide accurate, current and complete information
about yourself and to maintain and promptly update any account information to
keep it accurate, current, and complete. Only one (1) account per verified
person is permitted. Your account is unique to you and non-transferable. For
the avoidance of doubt, you may not “co-own” an account with another person or
entity. You may not use a username for your account that promotes a commercial
venture or a username that we determine, in our sole discretion, is offensive
or otherwise violates these Terms. We may require you to change your username
or may unilaterally change your username without notice to you, in our sole
discretion.
If you set a password (optional), your
password must: (a) 8–12 characters; (b) include at least one uppercase letter;
(c) at least one lowercase letter; (d) at least one number; and (e) at least
one special character. Passwords are not required to create an account because
authentication is performed via SMS OTP.
2.2 We do not send marketing texts under
the OTP program. OTP is used solely for account verification, login, security,
and critical account notifications.
2.3 You consent to transact with us
electronically and receive legal notices and other communications
electronically, including by e-mail, text messaging, push notifications (in
accordance with your device settings), and/or by notices posted on the Services.
You agree that any requirement that a communication be sent to you in writing
is satisfied by such electronic communication and that you are responsible for
maintaining an Internet browser, mobile device or computing equipment capable
of accessing the Services and said electronic communications.
2.4 SMS Account Verification (OTP) Program
Terms. By providing your mobile number, you consent to receive one-time SMS
verification codes and security-related alerts associated with your account.
Message and data rates may apply. Message frequency varies based on your
activity and security settings. Reply HELP for help, STOP to opt out. Carriers
are not liable for delayed or undelivered messages. Note: if you opt out of
OTP/security messages, you may be unable to access your account, including
the ability to access your account and participate in contests; to
regain access, you may need to contact customer support.
2.5 To the extent permitted by applicable
law, you acknowledge and agree that we may monitor and record communications
related to your use of the Services and collect and process geographic location
information for compliance, security, fraud prevention, eligibility
verification, and service integrity purposes. We reserve the right to report
unusual or suspicious activity to the appropriate authorities.
2.6 Location Verification; Anti-Fraud. We
use geolocation technology to determine your physical location when you open
the App and when you enter contests. You must enable device location services;
use of VPNs/proxies, location spoofing, or disabling location services is
prohibited and may result in suspension or review as permitted by applicable
law.
We may take reasonable steps to protect the
Services and the integrity of contests, including monitoring for suspicious
activity, enforcing one-account-per-person, and requesting information needed
to administer accounts and investigate suspected fraud or abuse. If you do not
provide required information within the timeframe specified in our request,
your account or access to certain features (including contest entry) may be
restricted as permitted by applicable law.
2.7 Specific rules, controls, and
guidelines for each contest, promotion, or other feature offered through the
Services are provided within the App or on the applicable contest or promotion
page. Those rules, controls, and guidelines are incorporated into and form part
of these Terms. You agree to comply with all such supplemental or additional
terms, rules, controls, and guidelines for each contest, promotion, or feature
that you access and/or use.
2.8 Contests of Skill. Contests offered
through the Services are intended to be skill-based contests. Contest outcomes
are determined by users’ selections and the applicable scoring methodology,
which is based on the actual results and official statistics, as made available
by the applicable league or data provider, from the real-world sporting events
underlying each contest. Users’ skill in analyzing sports data and making
accurate selections is intended to be the predominant factor in success;
chance plays only a minor role. For clarity, selections and entries made
through the Services are participation choices only and are not securities,
derivatives, event contracts, or other financial instruments, and users do not
buy, sell, or trade predictions, contracts, or positions on real-world events
through the Services.
2.8.1 Free-to-Play Contests. Eazy6 contests
offered through the Services are free-to-play and allow participation without
payment of an entry fee. No purchase is necessary to enter or
participate. Contest-specific rules displayed in the App define the applicable
format, scoring methodology, and eligibility requirements for each contest.
2.8.2 Global Contest Rules (Applicable to
All Eazy6 Contests).
General Applicability and Contest
Structure
The following general rules apply to all
Eazy6 skill-based contests. Unless expressly stated otherwise in the
contest-specific rules displayed in the App, Eazy6 contests generally require
users to select six (6) players or teams whose performance is evaluated
against a specified statistical category or performance metric identified in
the applicable contest rules.
Selections are participation choices
only and are not contracts or tradable positions, and users do not buy, sell,
or trade them.
Contest-specific rules displayed in the App
define the applicable sport, players or teams, statistics, scoring methodology,
ordering requirements, and any tiebreakers for that contest. Contest-specific
rules govern only where they explicitly differ from these general rules.
Contest Formats
Contests may be offered in different
formats that determine how user selections are evaluated. Examples may include,
without limitation:
Best6, in which users select six (6) players or teams and
contest outcomes are determined based on performance against the
applicable statistical criteria, without regard to the order of
selections; and
Exacta6, in which users select six (6) players or teams and must
correctly match the exact finishing order of those selections (1st through
6th), with contest outcomes determined based on both performance and
the order selected.
We may also offer contests that require
some selections to be in a specified order and other selections to be in any
order, as well as additional contest formats introduced from time to time.
In the event that two or more players or
teams are tied on a primary statistical criterion, the contest may apply
one or more secondary criteria (“tiebreakers”) to determine rankings or
outcomes.
The applicable contest format, scoring
methodology, ordering requirements, primary statistics, and any tiebreakers
are displayed in the contest-specific rules within the App and govern the
evaluation of that contest.
Contest Entry Period and Submission.
Entries into a contest will be accepted only during the entry period
specified in the contest-specific rules. Contest entry will close upon the
earliest occurrence of any of the following:
the maximum number of total entries for the contest, as
specified in the contest-specific rules, has been reached;
the maximum number of entries permitted per user for the
contest, as specified in the contest-specific rules, has been reached by
that user; or
the scheduled start time of the first real-world sporting event
included in the contest.
Once an entry is submitted, it may not be
modified, edited, replaced, or withdrawn, even if the contest remains open and
continues accepting additional entries.
Result Calculation and Settlement
Timing.
We strive to calculate contest results as
soon as practicable after the final real-world sporting event included in a
contest has concluded and official results become available. However, contest
results and related calculations may take up to seventy-two (72) hours to
complete due to data verification, corrections, integrity reviews, or
compliance checks.
Projections and Other Informational
Content.
The Services may display projections,
estimated statistics, trends, matchup information, and other informational
content regarding players, teams, or events. Such information is provided
for informational purposes only and is not a guarantee of any real-world
performance or contest outcome. Contest scoring, rankings, and settlement
are based solely on official results and statistics, as made available by the
applicable league or data provider.
Official Results and Data Corrections.
Contest results are based on official statistics and results, as
made available by the applicable league or data provider, available at the time
of settlement. If official results are later corrected, amended, or updated by
the applicable league or data source, we may, but are not required to, revise
contest results, standings, or payouts. Any such corrections may be made within
a reasonable period following settlement where necessary to maintain contest
integrity.
Player or Team Participation
(a) Non-Participation.
If a selected player
or team does not participate at all in the underlying real-world event (for
example, is inactive, scratched, does not compete, or the event does not
occur), that selection is treated as non-participating for purposes of contest
settlement.
(b) Participation
Followed by Injury or Removal.
If a selected player or team participates in the real-world
event but is injured, substituted, removed, or otherwise limited after
participation has begun, that selection is considered valid and will be scored
in accordance with the contest rules.
Effect of Non-Participating Selections.
Each Eazy6 contest generally requires the selection of six (6)
players or teams.
An entry will continue to be settled so
long as the number of non-participating selections does not make it
mathematically impossible for the entry to be meaningfully ranked under the
contest’s scoring and settlement rules.
If the number of non-participating
selections makes it impossible to fairly score or rank the entry under the
contest rules, the entry will be voided.
If one or more selections do not
participate, but the entry remains eligible to be scored and ranked under the
contest rules, the contest entry will be settled using the remaining
participating selections.
The minimum number of participating
selections required for an entry to be scored depends on the contest’s
settlement rules, which are displayed in the contest-specific rules.
Star / Featured Player or Team
Requirements.
Certain Eazy6 contests may require
the selection of one or more designated featured, star, or top-performing
players or teams, which may include selecting such players or teams in a
specified order.
If one or more required featured selections
do not participate at all in the underlying real-world event, the affected
contest entry will be settled only if the remaining participating featured and
non-featured selections allow the entry to be scored and ranked under the
contest’s settlement rules.
If the non-participation of required
featured selections makes it impossible to score or rank the entry under the
contest rules, the entry will be voided. Contest-specific rules may further
define featured selection requirements, ordering, scoring, and settlement
logic.
Ties.
If
multiple entries are tied, the tiebreaker(s) (if any) shown in the
contest-specific rules will apply. If contest-specific rules do not provide for
a tiebreaker, tied entries may be treated as tied in the results.
Unless otherwise stated in the
contest-specific rules, no additional tiebreakers will be applied.
Disqualification and Integrity Enforcement.
We reserve the right to disqualify any entry, suspend or terminate accounts,
and withhold, cancel, or recover prizes if it determines, in good faith, that a
user has engaged in fraud, collusion, automation, abuse of the Services, or any
attempt to manipulate contest outcomes or circumvent platform safeguards.
Contest Cancellation.
A contest may be cancelled in its entirety if a majority of the
underlying real-world events or required players or teams are cancelled,
postponed, or otherwise rendered invalid, or if insufficient valid selections
remain to conduct the contest fairly. In such cases, no winners will be
declared and all entries will be voided.
Extraordinary Events.
We are not responsible for delays, cancellations, or disruptions
caused by events beyond our reasonable control, including acts of God, weather
events, labor disputes, system outages, league decisions, data unavailability,
or government actions. In such cases, contests may be delayed, modified, or
cancelled as determined by us in good faith.
No Guarantee of Contest Availability.
We do not guarantee that any particular contest or format will be
offered at any time and reserve the right to modify or discontinue contests
without notice.
Final Determinations.
All determinations regarding contest settlement, voids,
cancellations, disqualifications, entry acceptance, and timing of results are
made by us in good faith and are final and binding, subject to applicable law
and the dispute resolution provisions of these Terms.
2.8.3 Leaderboards. We may display in-app
leaderboards showing user rankings based on participation or performance in
contests. Leaderboards are maintained for free-to-play contests offered through
the Services, and rankings reset as described below.
Reset Periods.
Unless otherwise stated in the App, leaderboard rankings reset on a
weekly basis. Prior rankings do not carry forward after a reset period.
Informational Purposes Only.
Except as expressly stated in applicable leaderboard rules displayed
in the App, leaderboards are provided for informational and entertainment
purposes only and do not constitute official contest results or guarantees of
ranking.
Updates, Corrections, and Enforcement.
Leaderboard rankings may be delayed, provisional, or subject to
change due to scoring updates, data corrections, integrity reviews, enforcement
actions, or account restrictions. Users who violate these Terms or engage in
prohibited conduct may be removed from leaderboards or have rankings adjusted
or removed.
No Monetary Value or Entitlement.
Leaderboard placement has no cash or monetary value and does not
create any entitlement, vested right, or claim of any kind.
No Guarantee of Availability or
Accuracy.
We do not guarantee the continuous
availability, accuracy, completeness, or real-time updating of leaderboards.
2.9 We reserve the right to modify,
suspend, or discontinue the Services (including, but not limited to, the
availability of any feature, content, or contest format), whether temporarily
or permanently, at any time for any reason. You agree that Oakridge Interactive
shall not be liable to you or any third party for any modification, suspension,
or discontinuation of the Services. Additional access restrictions, eligibility
checks, and other account controls may apply for compliance, security, fraud
prevention, and player safety purposes as described in the App or in our
policies (if any) provided through the Services.
2.10 You may use your account and the
Services only for your personal, lawful use of the Services as intended by the
Company and in accordance with these Terms. You may not use the Services for
any other purpose, including any commercial purpose, unless expressly
authorized by us in writing.
3. LICENSE AND INTELLECTUAL PROPERTY
3.1 As between you and us, we own the
Services, including, without limitation, all software, text, graphics, tools,
links, code, recommendations, and other content or material provided in or
through use of the Services, and all worldwide intellectual property rights in
the foregoing.
3.2 We grant you a limited, personal,
revocable, non-transferable and non-exclusive right and license to access and
use the Services, in accordance with these Terms, for your personal and
non-commercial use, as the Services were intended to be used. Any software
provided through or used to operate the Services is licensed, not sold, to you
by us, and such license is limited to object code only. Please note that our
Services contain software governed by the license of a third-party, and you
agree to abide by the terms and conditions of the same by using the Services.
Except as expressly permitted herein, you must not, nor enable any other person
to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer,
decompile, translate, modify, rent, use as a service bureau, distribute copies
of, adapt, create derivative works based on, or otherwise inappropriately use
the Services.
3.3 Any trademark, service mark, copyright,
logo, tradename, and/or the like (collectively, the “Marks”) contained in the
Services, whether or not appearing in large print or with the trademark symbol,
belongs exclusively to us or our licensors, and you may not use or display such
Marks without our express written permission. Nothing in these Terms grants you
any right to use our, or any third-party’s, Marks.
3.4 You may elect to provide
Oakridge Interactive with feedback regarding the Services, including but not
limited to the same being in the form of ideas, suggestions, proposals, and/or
examples (whether the same is solicited by Oakridge Interactive or not)
(collectively, the “Feedback”). You hereby agree to provide an exclusive,
perpetual, irrevocable, worldwide, royalty-free license, with the right to
sub-license, in connection with any and all of your relevant intellectual
property and/or other rights, to Oakridge Interactive such that it may use,
publish, disclose, display, perform, copy, make, sell, commercialize, and/or
exploit (for payment or otherwise) the Feedback in any manner and via any
medium that Oakridge Interactive selects, without any requirement to
reference You as a source or provide any consideration.
4. USER CONTENT
4.1 “User Content” means data, information,
files, text, images, or other content that you submit, post, or otherwise make
available through the Services. You retain any rights you may have in your User
Content. By submitting User Content, you grant the Company and its service
providers a worldwide, non-exclusive, royalty-free, sublicensable, and
transferable license to host, store, use, reproduce, modify (e.g., for
technical formatting), display, perform, publish, distribute, and create
derivative works of your User Content solely as reasonably necessary to
operate, provide, maintain, protect, improve, and promote the Services, and to
comply with applicable law and enforce these Terms. You are fully responsible
for your User Content and represent and warrant that you have all rights
necessary to grant this license and that your User Content does not violate
these Terms or applicable law.
4.2 You use any information contained in
User Content at your own risk. We have the right, in our sole discretion, but
no obligation or duty, to monitor, review, edit, remove, delete, disable,
refuse, restrict, and/or terminate access to your User Content or the Services
(in whole or in part) at any time, without prior notice and in our sole
discretion, for any or no reason. Where authorized by law, if you would like to
request removal of User Content that you have posted to the Services, please
notify us by e-mailing support@eazy6.com. Even where we agree to remove
User Content in accordance with applicable law, this may not result in complete
or comprehensive removal of the User Content in question, from the Services.
4.3 Digital Millennium Copyright Act
Notice: If you are a copyright owner, authorized to act on behalf of one, or
authorized to act under exclusive right under copyright, please report alleged
copyright infringements taking place on the Services by contacting us and
including the following information:
Identification of the copyrighted work claimed to have been
infringed;
Identification of the allegedly infringing material on the
Services that is requested to be removed;
Your name, address, and daytime telephone number, and an e-mail
address if available, so that we may contact you if necessary;
A statement that you have a good faith belief that the use of
the copyrighted work is not authorized by the copyright owner, its agent,
or the law;
A statement that the information in the notification is
accurate and, under penalty of perjury, that the signatory is authorized
to act on behalf of the owner of an exclusive copyright right that is
allegedly infringed; and
An electronic or physical signature of the copyright owner or
someone authorized on the owner’s behalf to assert infringement of
copyright and to submit the statement.
4.4 If you believe that material you posted
on the Services was removed or access to it was disabled by mistake or
misidentification, you may file a counter-notification with us, which must
include:
Your physical or electronic signature;
An identification of the material that has been removed or to
which access has been disabled and the location at which the material
appeared before it was removed or access disabled;
Adequate information by which we can contact you (including
your name, postal address, telephone number, and, if available, e-mail
address);
A statement under penalty of perjury by you that you have a
good faith belief that the material identified above was removed or
disabled as a result of a mistake or misidentification of the material to
be removed or disabled; and
A statement that you will consent to the jurisdiction of the
Federal District Court for the judicial district in which your address is
located (or if you reside outside the United States for any judicial
district in which the Services may be found) and that you will accept
service from the person (or an agent of that person) who provided the
Services with the complaint at issue.
4.5 Notice of claims of copyright
infringement on the Services (and counter-notices) can be sent to us via email
at legal@oakridgeinteractive.com, or to the following location:
Oakridge Interactive LLC, 101 Crawfords
Corner Road, Ste. 4116, Holmdel, NJ 07733
5. PROHIBITED CONDUCT
5.1 When accessing and/or using our
Services, you agree that you will not: (a) use our Services for fraudulent or
abusive purposes; (b) use our Services in violation of any applicable law,
regulation, or requirement, and/or the intellectual property, privacy, or
similar rights of us or any other person; or (c) otherwise take any action that
you know or reasonably should know is improper, unfair, fraudulent, or
otherwise adverse to the operation of the Service or in any way detrimental to
us or other users. Without limitation, you agree not to:
Create, or attempt to create more than one (1) account;
Sell or otherwise transfer your profile;
Use an account that does not belong to you;
Falsify any personal information
required to create an account or enter a promotion;
Use of the Services for any illicit, illegal, and/or fraudulent
purposes;
Collude with any other individual(s) in an attempt to
circumvent these Terms;
Use our Services in any way
through unauthorized methods such as unauthorized scripts or other
automated means, or to cheat or design or assist in cheating;
Disguise, anonymize, or hide your IP address and/or the source
of any User Content that you may upload;
Monitor, use, or copy any of our Services content or “scrape”
any information about or regarding other people that use our Services or
upload anything that collects information including but not limited to
‘pixel tags’ and cookies;
Remove or amend any proprietary notices or other ownership
information from our Services or attempt to decompile, reverse engineer,
disassemble or hack any of our Services;
Defeat or overcome any of our encryption technologies or
security measures or otherwise circumvent technological measures designed
to control access to, or elements of, our Services or upload or submit to
the Services software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment and/or in
any way harm a Oakridge Interactive user and/or Oakridge
Interactive;
Use our Services for any commercial or business purpose or for
the benefit of any third-party or to send unsolicited
communications;
Violate any portion of these Terms; and/or
Abuse of the Services in any way, including but not limited to,
abusing Oakridge Interactive customer support and/or other
employees.
5.2 If we have reason to suspect or learn
that you are violating these Terms, we may investigate, prohibit any and all
current or future use of the Services by you, and/or take legal action as
necessary including bringing a lawsuit for damages caused by the violation.
5.3 You further agree not to upload,
communicate, transmit or otherwise make available any User Content: (a) that is
or could reasonably be viewed as unlawful, harmful, harassing, defamatory,
libelous, obscene or otherwise objectionable; (b) that is or could be viewed as
invasive of another's privacy; (c) that is likely to, or could reasonably be
viewed as likely to incite violence or racial or ethnic hatred; (d) which you
do not have a right to make available lawfully (such as inside information,
information which belongs to someone else or confidential information); (e)
which infringes any intellectual property right or other proprietary right of
others; or (f) which consists of any unsolicited or unauthorized advertising,
promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes'
or any other form of solicitation. We have the right to remove User Content
from our Services if we decide in our sole discretion that it results in or is
a breach of any part of these Terms, or that it may bring us or our Services
into disrepute. However, you acknowledge that we do not have an obligation to
actively monitor User Content and we make no undertaking to do so.
6. WARRANTIES & DISCLAIMER
6.1 TO THE FULLEST EXTENT PERMITTED BY LAW,
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”
BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SERVICES IS LAWFUL
FOR YOU IN ANY PARTICULAR JURISDICTION, AND YOU ARE SOLELY RESPONSIBLE FOR
COMPLIANCE WITH APPLICABLE LAWS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE
SERVICES WILL BE AVAILABLE AT ALL TIMES OR BE FREE OF ERROR, OR THAT ANY
INFORMATION PROVIDED THROUGH THE SERVICES (INCLUDING CONTEST RESULTS OR
STATISTICS) WILL BE ACCURATE, COMPLETE, OR CURRENT. YOU ASSUME ALL RISK FOR ANY
DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM OBTAINING/USING THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6.2 There will be times when our Services
or a part or parts of them are not available for technical or maintenance
related reasons, whether on a scheduled or unscheduled basis. Additionally, you
are responsible for the internet connection and/or mobile charges that you may
incur for accessing and/or using our Services.
6.3 You acknowledge and agree that your
display name, scores, and other related details will be displayed to other
users in connection with use of the Services.
6.4 The Services may provide links or
access to third-party websites, services, and payment functionalities outside
of our control. We do not endorse, recommend, or otherwise accept
responsibility for any of these third-party websites or services, and we make
no representation or warranties of any kind regarding them. We are not
responsible for their content, quality, nature, reliability, privacy, data
security, or other practices or their handling of information you make
available to them. Your dealings with these third parties, and any terms,
conditions, warranties or representations associated therewith, are solely
between you and such third parties. We encourage you to review their applicable
terms and policies.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Terms shall limit or
exclude any liability that, under applicable law, cannot be limited or
excluded.
7.2 TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WE DISCLAIM AND WILL NOT BE LIABLE FOR ANY DAMAGE (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
CONSEQUENTIAL AND/OR EXEMPLARY DAMAGE (INCLUDING, WITHOUT LIMITATION, BODILY
HARM, EMOTIONAL DISTRESS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, OR
OTHER ECONOMIC ADVANTAGE)) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION,
USE, AND/OR MALFUNCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO: (A) ANY
STATEMENT OR CONDUCT OF YOU OR ANY OTHER USER OR THIRD PARTY ON THE SERVICES;
(B) STOPPAGE OF USE BY YOU DURING OR AFTER COMMENCEMENT OF USE OF THE SERVICES;
(C) THE USE OR INABILITY TO USE THE SERVICES; (D) ANY ACTIONS WE TAKE OR FAIL
TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (E) THEFT, TAMPERING,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR
OTHER USER CONTENT OF ANY KIND; (F) ANY PHYSICAL ACTIVITY, PERSONAL INJURY, OR
PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES; (G) DATA
THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST, INCLUDING ANY
INACCURATE ENTRY INFORMATION; OR (H) ANYTHING OTHERWISE ARISING OUT OF OR
RELATING TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE
PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY
OF SUCH DAMAGES.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES OR
UNDER THESE TERMS IS LIMITED TO THIRTY DOLLARS ($30.00). Allowable claims, if
any, which you may bring against Oakridge Interactive must be brought no later
than six (6) months after the date of the event that gave rise to the claim,
and you hereby waive any right to bring any claim not brought within such
period.
8. INDEMNITY
8.1 You agree to indemnify, release,
defend, and hold harmless Oakridge Interactive LLC and its parents,
subsidiaries, affiliates, and agencies, as well as the officers, directors,
employees, shareholders and representatives of any of the foregoing entities,
from and against any and all losses, liabilities, expenses, damages, costs
(including reasonable attorneys’ fees and court costs), claims, and/or actions
of any kind whatsoever arising or resulting from your use of the Services, your
violation of these Terms, and any of your acts or omissions that implicate
publicity rights, defamation, and/or invasion of privacy. Oakridge Interactive
reserves the right, at its own expense, to assume exclusive defense and control
of any matter otherwise subject to indemnification by you and, in such case,
you agree to cooperate with Oakridge Interactive in the defense of such matter.
9. TERMINATION & SUSPENSION
9.1 You may delete the App from your device
at any time. You may also request to permanently close your account by
contacting customer support through the App or by e-mail at support@eazy6.com,
or by mail at the address below:
Oakridge Interactive LLC, Attn: Customer
Support
101 Crawfords Corner Road, Ste. 4116
Holmdel, NJ 07733
9.2 We may suspend, change, or terminate
these Terms and/or your access to the Services or portions of the Services
immediately and without notice, for any reason, including without limitation:
(a) your breach of these Terms; (b) a request by law enforcement or other
government agency; (c) our discontinuation of or material modification to the
Services; (d) an unexpected technical or security issue or problem; and/or (e)
your inactivity.
9.3 If you close your account, or if we
suspend or terminate your account in accordance with these Terms, you may lose
access to certain features, contest entries, standings, and other information
associated with your account, subject to these Terms and applicable law.
9.4 You acknowledge and agree that your
account is provided for access to the Services and does not constitute a
property right. We may suspend, terminate, modify, or delete accounts
(including restricting access to contests) in accordance with these Terms,
including for compliance, security, fraud prevention, legal, and integrity
reasons, with or without notice where permitted by law.
10. GOVERNING LAW & MANDATORY
ARBITRATION
10.1 PLEASE READ THIS SECTION CAREFULLY
BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO MANDATORY BINDING ARBITRATION,
YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE
OR JURY DECIDE YOUR CASE. THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER.
10.2 These Terms shall be governed by, and
construed in accordance with, the laws of the State of New Jersey without
regard to conflict of law principles. If any clause or provision of these Terms
is found to be invalid by any authority having competent jurisdiction, the
invalidity of such clause or provision shall not affect the validity of the
remaining clauses or provisions of these Terms, including the class action
waiver to the fullest extent permitted by law. You expressly agree that if you
dispute the validity or enforceability of the arbitration provision and/or
class action waiver in these Terms, you shall bring such dispute in the state
or federal courts located in New Jersey, and you expressly consent and agree to
submit to the exclusive personal jurisdiction and venue of such courts. For
purposes of the arbitration agreement, the seat of arbitration shall be New
Jersey; hearings may be conducted remotely (e.g., by teleconference or
videoconference) as provided in Section 10.6 unless an in-person hearing is
required or determined appropriate by the arbitrator under the applicable
rules.
10.3 All claims arising in connection with
your use of the Services should be reported and brought to our attention as
soon as possible in a written statement delivered to: Oakridge Interactive LLC,
Attn: Legal, 101 Crawfords Corner Road, Ste. 4116, Holmdel, NJ 07733, and/or
via e-mail to legal@oakridgeinteractive.com. The parties shall use their
best efforts to settle any dispute, claim, question, and/or disagreement
directly through consultation and good faith negotiations, which shall be a
precondition to either party initiating a lawsuit or arbitration. To the
maximum extent permitted by law, you permanently and irrevocably waive your
rights to bring any claim in connection with your use of the Services unless
you bring it within six (6) months of the date of the event giving rise to such
claim.
10.4 EXCEPT FOR DISPUTES THAT QUALIFY TO BE
HEARD IN SMALL CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL
DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE
RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND OAKRIDGE INTERACTIVE OR ANY OF
ITS AFFILIATES, LICENSORS, OR SUPPLIERS, ON THE OTHER HAND, WHETHER BASED IN
CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY, WILL BE
RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF IN A COURT BY A JUDGE OR JURY.
10.5 YOU AGREE THAT OAKRIDGE INTERACTIVE
AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. NEITHER YOU NOR WE WILL
PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED
BY THESE TERMS. BY USING THE SERVICES, YOU ARE GIVING UP YOUR RIGHT TO
PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU
MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN
CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR
CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO
THE PROCEEDING.
10.6 The arbitration will be administered
by JAMS in accordance with the provisions of its Comprehensive Arbitration
Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or
procedures governing or permitting class actions. The JAMS Rules governing the
arbitration may be accessed at https://www.jamsadr.com/rules-comprehensive-arbitration/
or by calling JAMS at (800) 352-5267. The arbitrator will conduct hearings, if
any, by teleconference or videoconference, rather than by personal appearances,
unless the arbitrator determines upon request by you or us that an in-person
hearing is appropriate. Any in-person appearances will be held at a location
that is reasonably convenient to the parties with due consideration of their
ability to travel and other pertinent circumstances. If the parties are unable
to agree on a location, such determination will be made by the arbitrator. If
you are able to demonstrate that the costs of arbitration will be prohibitive
as compared to the costs of litigation, we will, to the extent required to make
this section enforceable, pay as much of your filing and hearing fees in
connection with the arbitration as the arbitrator deems necessary to prevent
the arbitration from being cost-prohibitive. The arbitrator will be bound by
these Terms, when not in conflict with applicable law, and the arbitrator’s
decision will be binding and final, subject only to limited right of judicial
review provided under the Federal Arbitration Act. The arbitrator will have
authority to award temporary, interim or permanent injunctive relief or relief
providing for specific performance of these Terms, but only to the extent
necessary to provide relief warranted by the individual claim before the
arbitrator. If the arbitrator decides that either the substance of your claim
or the remedy you asked for is frivolous or brought for an improper purpose, we
may use the applicable JAMS Rules to determine whether you are responsible for
the filing, administrative and arbitrator fees. The award rendered by the
arbitrator may be confirmed and enforced in any court having jurisdiction
thereof. Notwithstanding any of the foregoing, nothing in these Terms will
preclude you from bringing issues to the attention of federal, state or local
government agencies or from seeking public injunctive relief in court where
that right cannot be waived under applicable state law.
10.7 To not be bound by the arbitration
agreement set forth in this section, within thirty (30) days of using our
Services, you must notify Oakridge Interactive in writing of your intent to
opt-out of the arbitration provisions. The written intent to opt-out must
include your first and last name, username, and be provided either by: (a)
sending an email to support@eazy6.com; or (b) sending a letter to the
following address:
Oakridge Interactive LLC, Attn: Legal
101 Crawfords Corner Road, Ste. 4116
Holmdel, NJ 07733
11. GENERAL
11.1 These Terms constitute the entire
agreement between you and us relating to its subject matter and supersede all
prior agreements, undertakings, representations, warranties, and arrangements
of any nature relating to the same. Each party acknowledges that it has not
been induced to enter into these Terms by any representation or warranty other
than those contained in these Terms.
11.2 Upon termination of your account, your
license to use the Services terminates. All provisions of these Terms which by
their nature should survive termination shall do so, including, without
limitation, Sections 2, 3 (except for 3.2), 4, 5, 6, 7, 8, 9, 10, 11, and 12.
11.3 The failure of Oakridge Interactive to
comply with any provision of these Terms due to an act of God, hurricane,
pandemic, endemic, war, riot, earthquake, terrorism, act of public enemies,
actions of governmental authorities outside of the control of Oakridge
Interactive and/or other force majeure event will not be considered a breach of
these Terms.
11.4 Use of the Services may involve
transmission of data through your carrier or service provider’s network. You
are responsible for all carrier, text/SMS, data, or other related fees or
charges you incur from your carrier or service provider in connection with or
related to your use of the Services. We assume no liability or responsibility
for the payment of any charges you may incur.
11.5 We may, from time to time in our sole
discretion, develop and provide updates to the Services, which may include
upgrades, bug fixes, patches, other error corrections, and/or new features
(collectively, the “Updates”). Updates may also modify or delete in their
entirety certain features and functionality. You agree that we have no
obligation to provide any Updates or to continue to provide or enable any
particular features or functionality of the Services.
11.6 You must not use, export or re-export
the Services contrary to any law of the United States and/or any other
jurisdiction including without limitation the Export Administration Regulations
of the United States. You represent and warrant that: (a) you are not located
in a country that is subject to a United States Government embargo or that has
been designated by the United States government as a “terrorist supporting”
country; and (b) you are not listed on any United States government list of
prohibited or restricted parties.
11.7 We may assign these Terms, in whole or
in part without your consent, but you are always free to terminate your use of
the Services. No person who is not a party to these Terms (other than any
person specifically identified as a third-party beneficiary) shall have any
right under any law to enforce any part of these Terms, and no consent is
required from any third-party to change these Terms. No failure or delay by us
to exercise or enforce any right or benefit under these Terms shall be deemed a
waiver of such right or benefit nor operate to prevent or limit the future
exercise or enforcement of that right or benefit. If any term or condition of
these Terms is held invalid, void or otherwise unenforceable by any court,
governmental agency or authority of competent jurisdiction, the remainder of
these Terms shall remain valid and enforceable.
11.8 Additional Terms for Apple’s App
Store. In addition to the other terms set forth herein, the provisions of this
section also apply to you if you obtained the Services from Apple’s App Store.
These additional terms should not be read to limit any other provision of these
Terms and should not be interpreted to affect the meaning of any other
provision of these Terms. You acknowledge that these Terms are between you and
us only, not with Apple, and Apple is not responsible for the Services. Apple
has no obligation whatsoever to furnish any maintenance and support services
with respect to the Services. In the event of any failure of the Services to
conform to any applicable warranty, you may notify Apple and Apple may, in
accordance with its App Store policies, refund any applicable purchase price
paid to Apple for the App or an in-app purchase, and, to the maximum extent
permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the Services. Apple is not responsible for
addressing any claim by you or any third party relating to the Services or your
possession and/or use of the Services, including, but not limited to: (a) any
product liability claim; (b) any claim that the Services fail to conform to any
applicable legal or regulatory requirement; and (c) any claim arising under
consumer protection, privacy, or similar legislation. Apple is not responsible
for the investigation, defense, settlement or discharge of any third-party
claim that the Services and/or your possession and use of the Services
infringes any third party’s intellectual property rights. You may access and
use the Services only on Apple-branded products that you own or control and as
permitted by the usage rules set forth in the App Store Terms of Service. You
agree to comply with all applicable third-party terms when using the Services.
Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms,
and, upon your acceptance of these Terms, Apple will have the right (and will
be deemed to have accepted the right) to enforce these Terms against you as a
third-party beneficiary hereunder.
12. CONTACT & COMPLAINTS
12.1 If you have an inquiry regarding these
Terms, or questions generally, you may contact us at:
Oakridge Interactive LLC
101 Crawfords Corner Road, Ste. 4116
Holmdel, NJ 07733