SURVIVORSWEAT.COM
TERMS AND CONDITIONS
Please carefully read this agreement (the “Agreement“) in its entirety prior to your use of www.survivorsweat.com (the “Site”) because these terms affect your obligations and legal rights. This Agreement describes the terms and conditions applicable to the Site and associated services provided by Survivor Sweat LLC (“Company”). If you (the “User” or “you“) are not comfortable with this Agreement, do not use the Site.
We reserve the right to revise this Agreement, or any part thereof. By opening an account and using the Site, you agree to be bound by these conditions. This Agreement constitutes a legally binding agreement between you and Company.
In addition to the terms and conditions of this Agreement, please review our Privacy Policy as well as the other rules, policies and terms and conditions available on the Site as posted on the Site from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.
The Site is used solely for entertainment purposes only and is not intended to be utilized as an investment product or model. By clicking the “I Agree” button below as part of the account creation process and using the Site, you consent to the terms and conditions set forth in this Agreement.
1. YOUR ACCOUNT
1.1 Authority. Company retains authority over the issuing, maintenance, and closing of Users’ accounts on the Site. The decision of Company, as regards to any aspect of a User’s account, use of the Site, or dispute resolution, is final and shall not be open to review or appeal. The User’s account will provide access to the Site, made available to you under the terms of this Agreement, by Company, as applicable to your geographical location. Any and all references in this Agreement to the term ‘User account’ or ‘account’ means your account on the Site.
1.2 Age Verification. Company carries out age-verification checks on all customers at the time of account establishment. We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Site. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Site if satisfactory proof of age is not provided or if we suspect that you are underage.
1.3 Opening an Account. In consideration of our accepting your application to establish an account, you represent, warrant, covenant and agree that, and acknowledge that we may rely on these representations, as follows:
1.3.1 You have read and agree to abide by this Agreement;
1.3.2 You are 21 years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement;
1.3.3 You agree to provide accurate account opening information, including without limitation your correct date of birth;
1.3.4 You will not allow any other person to access or use your account with Company;
1.3.5 You consent to the jurisdiction of the State of Nevada to resolve any disputes arising out of this Agreement;
1.3.6 You consent to the monitoring and recording by Company of any marketplace communications and geographic location information;
1.3.7 You acknowledge that Company reserves the right to report unusual or suspicious activity to the proper authorities;
1.3.8 You warrant that any names or images used by you in connection with the Site (for example, your username) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant Company a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site, subject to the terms of our Privacy Policy;
1.3.9 You are solely responsible for recording, paying, and accounting for any tax or other levy that may be payable on any winnings to any relevant governmental or taxation authority;
1.3.10 You fully understand the methods, rules, and procedures of the marketplace, including the possibility a contest player may make a deal with another player while in the contest, and where and when appropriate, will seek advice or help when using our Site.
1.3.11 You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any “chat” or “forum” facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
1.3.12 You will not disguise or interfere in any way with the Internet protocol (“IP address”) of the computer you are using to access the Site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using while accessing the Site;
1.3.13 There is a risk of losing money when using the Site and that Company has no responsibility to you for any such loss. You hereby freely assume any potential risk of loss from the marketplace, including the risk a player might make a deal with another player to “chop” prize money. Company has no responsibility for any deals made between players to “chop” prize money and all decisions made by Company regarding prize money payouts are final;
1.3.14 Your use of the Site is at your sole option, discretion and risk; and
1.3.15 In compliance with our regulatory requirements and in order for you to access and use our software and/or our services through the Site you will need to provide us with certain personal details about yourself as well as consenting us (or third parties acting on our behalf) to have access to or make use of your location data and/or such other data or information that may be derived from your device/computer, to enable the Site to be made available to you. You hereby consent to us (or third parties acting on our behalf) to access and use such data for the purposes outlined above. You are not permitted to use our Site if you do not wish to be bound by this provision. Company will process your personal details in accordance with and as set out in our Privacy Policy.
1.3 Account Information. All account information provided by you will be processed with our Privacy Policy as set out herein. When establishing an account, you must provide us with your Name; Date of birth; and Email address.
By establishing an account, you hereby consent to Company using third party services to verify your account information including, but not limited to, your age and identity. Only one account per verified person will be allowed. The account is unique to you and non-transferrable. Company reserves the right to reject any application for an account for any reason it deems necessary.
It is your responsibility to keep your account information current. Failure to do so may result in your failing to receive important account-related notifications and information from Company, including changes we make to this Agreement.
1.4 Account Information. All account information provided by you will be processed with our Privacy Policy as set out herein. When establishing an account, you must provide us with your Name; Date of birth; and Email address.
By establishing an account, you hereby consent to Company using third party services to verify your account information including, but not limited to, your age and identity. Only one account per verified person will be allowed. The account is unique to you and non-transferrable. Company reserves the right to reject any application for an account for any reason it deems necessary.
It is your responsibility to keep your account information current. Failure to do so may result in your failing to receive important account-related notifications and information from Company, including changes we make to this Agreement.
1.5 Account Security. Company will protect your account information in accordance with our Privacy Policy as set out herein. You are responsible for maintaining the security and confidentiality of your account. In particular, you agree to keep your username and password strictly confidential. You are responsible for any misuse of your password. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that offers and transactions are made by you.
You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bank card. Any failure to do so shall be at your sole risk and expense. If a third party accesses your account, you are solely responsible for that third-party actions, whether or not that third-party’s access was authorized by you.
You will not attempt to sell or otherwise transfer the benefit of your account to any third-party, nor will you acquire or attempt to acquire an account which has been opened in the name of a third-party.
1.6 Deposits.To enter into marketplace agreements on the Site, you need to deposit money into your wallet. You undertake that.
- All money that you deposit originates from a payment source of which you are the legal owner;
- All money that you deposit is free from and unconnected to any illegal and, in particular, does not originate from any illegal activity or source; and
- All deposits are authorized.
You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you which Company deems suspicious may be reported to the appropriate authorities.
1.7 Giving False Information. You acknowledge that Company and their respective affiliates will hold information with respect to your identity, including but not limited to your name, date of birth and email address. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy in the information you provide us.
2. MARKETPLACE
2.1 License to use the Site. Company grants you a limited license to access the Site provided that you comply with this Agreement. Your use of the Site confers no rights whatsoever to the content and related intellectual property rights contained on the Site. You agree not to monitor, use, or copy our Site or any of our web content on the Site. You will not attempt to hack, make unauthorized alterations to, or introduce any kind of malicious code to the Site by any means. Please note that the Site is not for use by (i) individuals under 21 years of age, (ii) individuals under the legal age of majority in their jurisdiction or (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. Company is not able to verify the legality of the Site in each jurisdiction and it is your responsibility to ensure that your use of the Site is lawful.
2.2 Marketplace. You understand that you may lose money when entering into marketplace agreements and accept that you are fully responsible for any such loss. You accept that under no circumstances will any amounts lost by you be recoverable from us or our vendors, licensors, or suppliers.
2.3 Cancellation, Termination, Suspension and Breach. We may restrict your access to the Site, prohibit you from participating, refuse or limit any transaction you make, and/or suspend or terminate your account in our absolute discretion without cause at any time including, without limitation, if:
2.3.1 There is a technological failure;
2.3.2 We reasonably believe that you breached any of the terms of this Agreement;
2.3.3 You tamper or attempt to tamper with the Site in any way;
2.3.4 You are committing any offense;
2.3.5 You publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or threatening material or any material that would violate any law or generally be considered to be offensive, via the Site whether using the chat function or in correspondence with Company’s staff;
2.3.6 If formally requested by law enforcement, taxation or other authorities; or
2.3.7 In the event that you fail to provide us with sufficient information to identify yourself in accordance with our internal procedures.
2.4 Changes to the Site. Company may, in its absolute discretion, alter, amend or withdraw any particular features, specifications, capabilities, functions and/or other characteristics of the Site at any time.
3. PROXY
3.1 Proxy Service. User acknowledge that any proxy services provided through the Site are provided “as is” and the Site makes no additional representation or warranty of any kind as to any matter whatsoever and expressly disclaims all implied warranties of services, fitness for a particular purpose, quality, and accuracy. User shall be solely responsible for any damage resulting from the use of the Site and the use of the Site and the proxy service are at your sole risk. Should the Site and/or the proxy service make a mistake in any of your pick selections, and the mistake is to your detriment, then the proxy service agrees to refund you a one-time payment equal to your proxy fee only for that entry. Refund shall be your sole remedy and you expressly agree to release and discharge the Site, the proxy service and all of its affiliates from any and all claims or cause of action related to the Site and proxy service. Each individual proxy service shall post on the website all rules as it pertains to pick deadlines and the pick submission process and you agree to be bound by such rules (collectively, the “Rules”). Each individual proxy service reserves the right to update or modify the Rules or any part thereof at any time without notice. Therefore, we encourage you to visit your proxy website regularly and check the Rules contained on such website(s) in force at such time. Your continued use of the proxy service shall be deemed to attest to your agreement to any amendments to the Rules.
4. GENERAL CONDITIONS
4.1 Intellectual Property. The domain name “SurvivorSweat.com”, and any other trademarks, service marks, signs, trade names and/or domain names used by Company on the Site from time to time (the “Trademarks“), are the trademarks, service marks, signs, trade names and/or domain names of Company and/or its licensors, and these entities reserve all rights to such Trademarks. In addition, all content on the Site, including, but not limited to, images, pictures, graphics, photographs, animations, videos, music, audio and text (the “Site Content“) belongs to Company and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Site you obtain no rights in the Site content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site content and/or the Trademarks without Company’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Company and/or its licensors in the Trademarks or the Site content nor will you do anything that damages the image or reputation of Company, its subsidiaries, employees, directors, officers and consultants. You hereby assign to Company absolutely any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way of present assignment of future copyright, and all other rights whatsoever, in chat postings or any other interaction made by you while using the Site.
4.2 No Warranties.
4.2.1 Company disclaims any and all warranties, expressed or implied, in connection with the Site which is provided to you “AS IS” and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
4.2.2 Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Site will be uninterrupted, timely or error-free, that defects will be corrected or that the Site shall be free from viruses, bugs or other contaminants.
4.2.3 Company reserves the right to suspend, discontinue, modify, remove or add to the Site in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, including (for example) where we deem it necessary for the management, maintenance or update of the Site and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Company in this regard.
4.3 Indemnification. You agree to fully indemnify, defend and hold harmless Company, its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
4.3.1 Your breach of this Agreement, in whole or in part;
4.3.2 violation by you of any law or any third-party rights;
4.3.3 federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree; and
4.3.4 use by you of the Site or use by any other person accessing the Site using your login credentials, whether or not with your authorization.
4.4 Limitation of Liability. Under no circumstances, including negligence, shall Company be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Site even if Company had prior knowledge of the possibility of such damages. Any allowable claim, if any, which you may bring against Company must be brought no later than sixty (60) days after the date of the event giving rise to the claim. You hereby waive any right to bring any claim not brought within such period. Nothing in this Agreement shall exclude or limit Company’s liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
4.5 Third Party Software. The Site may contain third party software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the “Licensed Software”). User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement. The Licensed Software may not be altered, modified or extracted from the Site. User’s use is limited to “Internal Use” meaning use of the Licensed Software only in the course of the User’s customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” shall mean, for an end user that is an entity, use by such User, or its employees or authorized agents for the User’s customary and ordinary internal business. “Customary and ordinary personal use” shall mean use, by a User that is an individual, use by such User or a member of such User’s household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement. All rights not expressly granted in the Licensed Software are reserved.
4.6 Amendment. Company reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
4.7 Disputes with Company.
4.7.1 Governing Law. The Terms are governed by the laws of the State of Nevada, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
4.7.2 Arbitration. You and Company agree that any dispute or claim arising from or relating to the Terms shall be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration or mediation under these Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Company are each waiving the right to trial by jury. Each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
4.7.3 Forum. Any legal action against Company related to the Site must be filed and take place in Clark County, Nevada. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Clark County, Nevada, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Company agree to submit to the personal jurisdiction of a state or federal court located in Clark County, Nevada.
4.8 Severability. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
4.9 Assignment. Company reserves the right to assign this agreement, in whole or in part, at any time without notice. User may not assign any of his/her rights or obligations under this Agreement.
4.10 Waiver. No waiver by Company of any breach of any provision of this Agreement (including the failure of Company to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
4.11 Third Party Rights. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than with respect to any company within the Company group of companies and third-party providers.
4.12 Relationship of the Parties. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
4.13 Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and us regarding the Site and supersedes any prior agreement, understanding, or arrangement between you and us.
4.14 Communications and Notices. Communications and notices to be given by you to us under this Agreement (other than those exchanges of information occurring in the normal operation of the Site) should be provided to us at info@survivorsweat.com.
4.15 Information Services. From time to time, Company may provide you with access to various information and content via our Site, emails, or any other means of communication. Further, Company may provide you with links to third-party websites which may include information. This information is supplied “as is” and is for information purposes only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, Company, nor any other party makes any representations or warranties of any kind, including but not limited to, the accuracy, quality, or completeness of the information. Neither Company nor any other party shall be liable for any action taken by you as a result of your reliance on any such information or for any loss or damage suffered by you as a result of your use of such information. Any links to third party websites do not constitute an endorsement by Company or any other party of any products or services available on such websites. You use such websites at your own risk and neither Company or any other party takes any responsibility for the content on, or use of, such websites.
4.16 Force Majeure. Neither Company nor any other party will be liable for any loss or damage that you may suffer in respect of an event of Force Majeure. For the purposes of this Agreement, “Force Majeure” means any event outside our reasonable control affecting our ability to perform any of our obligations under this Agreement.
4.17 Monetary Transactions. The Site is not a peer-to-peer monetary transaction site. All transactions must occur through the Site. Any off-site transactions between users is outside the scope of the Site and any off-site transactions are not endorsed or allowed through the use of the Site. Transactions occurring through the Site are not regulated by any federal or state securities regulation bodies.