a The web pages available at Ballr.com, and all linked pages and content thereon (sometimes herein and collectively referred to as the “Site”), are owned, maintained, and operated by Ballr (hereinafter sometimes referred to as the “Company”), which is owned and operated by Ballr, Inc., a Nevada corporation and is accessed, reviewed, and used by you under the express terms and conditions of use set forth herein (sometimes collectively referred to herein as the “T&C of Use”).
b You must read and fully understand all of these T&C of Use before you are authorized to use the Ballr Site. Should you not fully understand each and every one of the T&C of Use, you are not authorized to use the Ballr Site. By reviewing, accessing, and using the Ballr Site, including, without limitation, any games, content, materials, documentation, or otherwise using any part of the Ballr Site as well as any of its services as outlined within these T&C of Use or otherwise on the Ballr Site, you hereby knowingly, voluntarily, and consciously agree to become bound by each of these T&C of Use. If for any reason you do not agree to each and every one of the provisions, clauses, words, phrases, language set forth within these T&C of Use, then you shall not access the Ballr Site nor shall you use any of the content, materials, or any services contained within the Ballr Site. Should you violate this provision and access and use the site without such authorization, Ballr may take any reasonable and lawful action to stop your unauthorized access and use of the Ballr Site as provided for hereunder and as otherwise may be permissible under all applicable Municipal, State and/or US Federal laws.
Ballr and its duly authorized representatives hereby reserve the right to augment, change, alter, add to, delete from, and otherwise modify or replace the T&C of Use at any time. You as a User shall be responsible for reviewing and becoming familiar with any such modifications hereof. Use of the Site by you following such notification by Ballr of any such modifications shall constitute your acceptance of the modified T&C of Use as modified should you access and use the Ballr Site after such notification of modification is provided to you.
a You hereby state, represent, promise, and warrant to Ballr that you are a natural and individual person and specifically that you are not a corporate entity, limited liability company, business organization, trust, cooperative, partnership, limited partnership, association, or any other entity or organization. Only natural individual persons are authorized and eligible to access, review, and use the Ballr services or content. Only natural and individual persons are authorized and legally capable and competent to review, understand, and enter into the T&C of Use herein, including, but not limited to, all terms, conditions, obligations, affirmations, representations, statements, warranties and otherwise as specifically set forth within these T&C of Use. Only natural and individual persons are authorized by Ballr to enter into, abide by, and comply with the T&C of Use. In the event Ballr determines that you as a Site user are not a natural individual person, Ballr may take any reasonable and lawful action to stop your unauthorized access and use of the Ballr Site as provided for hereunder and as otherwise may be permissible under all applicable Municipal, State and/or US Federal laws.
b You may establish only one account per person to participate in the skill games and contests offered to authorized users on the Ballr Site. In the event Ballr discovers that you have opened more than one account per person, in addition to any other rights that Ballr has in law and equity, Ballr hereby reserves the right to suspend or terminate any or all of your accounts and to terminate, withhold, or revoke the awarding of any prizes hereunder.
c Ballr employees may use the Ballr Site for the legitimate purpose of testing the user experience, but shall not be able to withdraw money or prizes for themselves. Ballr third-party affiliates, consultants or promoters of the Ballr Site may play in skill games without limitation. Such individuals do not have any access to non-public Ballr Site data or any other information not generally made available to all Ballr users on the site and shall not receive any unfair, illicit, or improper advantages in their play on the Ballr Site.
dProfessional and Amateur Athletes shall not participate within any Ballr Site skill games or any other contests in which either they or any part of their respective team(s) are available for selection.
eIn order to deposit money to play real money skill games on the Ballr Site, you must be able to fully and truthfully state, represent and warrant that:
fIf you do not meet the eligibility requirements of this section for authorized use hereof as outlined above and otherwise in this section hereof, then do not use the Ballr Site content or any of its services. In addition to any other rights that Ballr has in law or equity, Ballr hereby expressly reserves all of its respective rights to temporarily suspend, indefinitely suspend, and/or terminate your user account, including, without limitation, the right to terminate, withhold or otherwise suspend or terminate payments or the awarding of any prizes associated with your account, in the event that you as a user of the Ballr Site content and/or services does not comply, comport, or otherwise meet any or all the requirements for authorized users of Ballr.
gIn the event Ballr has reasonable information that you are not such an authorized user of Ballr site and services, Ballr may require you to provide suitable proof that you are eligible and authorized to use the Ballr site and services in exercise of Ballr’s sole and unfettered discretion to do so. In the event Ballr determines that you as a Site user are not eligible and authorized hereunder, Ballr may take any reasonable and lawful action to stop your unauthorized access and use of the Ballr Site as provided for hereunder and as otherwise may be permissible under all applicable Municipal, State and/or US Federal laws.
a Registration: In order to participate in games of skill on the Ballr Site, you must register for an authorized account. By registering as a user of the Ballr Site, you agree to provide accurate, current and complete information about yourself as prompted --such information will be recorded and kept by Ballr as your authorized registration information and data -- and Ballr will require you to periodically maintain and promptly update your registration information and other user data in order to keep it accurate, current and complete. If you ever provide any information to Ballr that is inaccurate, misleading, deceptive, fraudulent, or that is not current or incomplete in any manner, or alternatively, if Ballr ever has reasonable grounds to suspect that your user registration information and date is inaccurate, misleading, deceptive, fraudulent, or is not current or incomplete, Ballr in the exercise of its sole and unfettered discretion may deny you access to, use of, or participation in any games of skill or other contests on the Ballr Site. Additionally, Ballr may take any further reasonable and lawful action to stop your unauthorized access and use of the Ballr Site as provided for hereunder and as otherwise may be permissible under all applicable Municipal, State and/or US Federal laws.
b User Account Passwords, Security, and Integrity: At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. Many portions of the Site require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify Ballr of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your Username and Password to access the Site's Restricted Areas. Ballr cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that Ballr is authorized to act on instructions received through use of your Username and Password, and that Ballr may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
dDisqualification: Ballr, in its sole discretion, may disqualify any entrant from the service, refuse to award fantasy points or prizes and require the return of any prizes, if entrant engages in conduct Ballr deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; obtaining other entrants information and spamming other entrants; and abusing the Ballr website in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent Ballr from prosecuting criminal or pursuing civil proceedings in connection with such conduct. Further this Ballr Site shall NOT BE USED FOR ANY FORM OF UNLAWFUL OR ILLEGAL GAMBLING.
Ballr and any partners are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the service), including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of Ballr ; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Ballr and any agents, employees, representatives, partners, or consultants are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the Ballr Site is not capable of running as originally planned, or if the service or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Ballr corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, Ballr reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Ballr Site.
The failure of Ballr to comply with any provision of these rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Ballr (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms and conditions under any such circumstances.
No professional sports league or any team associated with any professional sports league is a sponsor or in any way affiliated with this Company or the Ballr Site.
ePublicity: By entering a Contest, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other Ballr Contests, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to Ballr for publicity, advertising and promotional activities relating to the Contest or other Ballr Contests. Ballr and Partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. In all disputes arising out of the determination of the winner of Ballr Contests, Ballr is the sole judge and its actions are final and binding. Entrants agree that Ballr may announce any winner's name on-air or on any of its websites at any time in connection with the marketing and promotion of Ballr Contests or other contests or games operated by Ballr in connection with the marketing, promotion, or operation of the Ballr Site.
a Games of Skill: Ballr Site games are games predominantly of skill. Winners of the skill games on Ballr are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in Ballr must be made up of players drawn from a minimum of two (2) such sporting events and as otherwise is set forth on the Ballr Site.
b Entry Fees: Each Ballr skill game has a specified entry fee listed in US dollars. When you opt to participate in skill game contest, that amount in US dollars will be debited from your Ballr account. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is disputed, the name in which the authorized email address on file was registered with the email service provider.
c Games & Contest Terms: Ballr Site offers games of skill and contests for multiple sporting events taking place on a single day or at most a week.
dPrizes: After each skill game contest ends, prizes are awarded, generally on the following day of any such skill game. The players in each contest who accumulate the most fantasy points will win prizes as set out in the details posted on the Site by Ballr. Prizes are added to the winning team's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Ballr offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and review the information posted on the Ballr Site.
Prize calculations are based on the results as of the time when final scoring is tabulated by Ballr. Once prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the sports leagues.
No substitution or transfer of prize is permitted. All taxes associated with the receipt or use of any prize is the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Ballr hereby reserves the right in its sole and unfettered discretion to determine whether or not to award any such prizes.
eNotification: Winners are generally posted on the Ballr Site after the conclusion of each contest on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility and appropriate tax forms. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: Ballr at PO Box 27740 Las Vegas, NV 89126.
fTaxation: In January of each year, all Ballr Site winners who have won greater than $600 exclusive of all skill game entry fees over the previous fiscal year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service.
gBonuses & Promotions: Ballr will frequently offer bonuses or other promotions to newly depositing users and for other marketing purposes. These bonuses are for entry into competitions on Ballr and can only be withdrawn if they have been previously entered into at least one game. Additionally, if a Ballr user immediately withdraws money after a deposit which delivers a deposit bonus then the bonus will be retracted. In the event of abuse of the bonus system, Ballr hereby reserves the right to retract user bonuses.
As a further express term and condition of use of the Ballr Site as outlined herein, you state and expressly promise not to use the Ballr Site for any purpose that is unlawful, improper, or otherwise prohibited by these T&C of Use, or any other purpose not reasonably intended by Ballr . By way of example, and not as a limitation herein, you hereby agree as an authorized user not to:
You understand that all User Content, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Ballr, are entirely responsible for all User Content that you upload post, share, and email, transmit, or otherwise make available via the Site. Under no circumstances will Ballr be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that Ballr may or may not pre-screen User Content, but that Ballr and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, Ballr and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Ballr’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant Ballr an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site. Ballr reserves the right, but has no obligation, to monitor disputes between you and other users.
By using the Ballr service or accepting any prize, entrants, including but not limited to the winners, you agree to release and to hold harmless Ballr and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.
YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, VENDORS, ENDORSERS, OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM (THE “INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE COMPANY SERVICE; (II) YOUR USER SUBMISSIONS, INCLUDING COMPANY’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER SUBMISSIONS; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER SUBMISSION INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY COMPANY.
You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Ballr has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Ballr from all liability for you having acquired or not acquired Content through the Site or the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Ballr makes no representations concerning any content contained in or accessed through the Site, and Ballr will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
COMPANY FURTHER AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE COMPANY SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE COMPANY DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
YOU UNDERSTAND AND AGREE THAT BALLR SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BALLR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BALLR 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BALLR FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID COMPANY IN THE 12 MONTHS PRECEDING THE DATE OF YOUR CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
All title, ownership and intellectual property rights in and to the Site are owned by Ballr or its duly authorized licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Ballr , you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
The Ballr Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because Ballr has no control over such sites and resources, you acknowledge and agree that Ballr is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Ballr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Ballr may terminate or suspend the Site and any and all services and your Ballr account immediately, without prior notice or liability, if you breach any of the terms or conditions of the T&C of Use. Upon termination of your account, your right to use the Site will immediately cease. If you wish to terminate your Ballr account, you may simply discontinue using the Site or contact us via your account access with a clear and specific message to Ballr saying you wish to terminate your account. All provisions of the T&C of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If any provision of these T&C of Use shall ever be deemed unlawful, void, or for any reason unenforceable by a court or tribunal of competent legal jurisdiction, then that provision shall be deemed severable from those other terms and conditions which shall not affect the validity and enforceability of any remaining such provisions herein.
You agree that, except as otherwise expressly provided in these T&C of Use, there shall be no third party beneficiaries to these T&C of Use or any other agreement you may have with the Company.
Any dispute, claim or controversy arising out of or relating to these T&C of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in the State of Nevada, United States of America. Judgment on the Arbitration Award may be entered in any court having competent legal jurisdiction. This clause shall not preclude parties from seeking provisional or equitable remedies in aid of arbitration from a court of appropriate jurisdiction. The cost of arbitration shall be borne equally by the parties. The parties agree that, any provision of applicable law notwithstanding, they will not request and the arbitrator shall have no authority to award, punitive or exemplary damages against either party. In the event of a conflict or inconsistency between the rules and procedures of the arbitration administrator and this Agreement, this Section shall govern.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you hereby agree to submit to the personal and exclusive jurisdiction of and venue within the federal and state courts located in the State of Nevada, United States of America. You further agree to accept service of process by regular first class US mail, and hereby waive any and all jurisdictional and venue defenses otherwise available to you.
The T&C of Use and the legal relationship between you and Ballr shall be governed by the laws of the State of Nevada and without regard to conflict of law provisions.
a Entire Agreement: These T&C of Use constitute the entire agreement between you and Ballr with respect to the Ballr Site and supersedes any prior agreements, oral or written, between you and Ballr, and its respective employees, representatives, assigns, agents, affiliates or consultants hereunder.
b Waiver and Interpretation: The failure of Ballr and its respective employees, representatives, assigns, agents, affiliates, or consultants to exercise or enforce any right or provision of the T&C of Use shall not constitute a waiver of such right or provision. If any provision of the T&C of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C of Use remain in full force and effect.
c Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Ballr Site or the T&C of Use must be filed within one (1) year after such claim or cause of action accrued and/or arose, or be forever barred.
dSection Titles: The section titles in these T&C of Use are for convenience only and have no legal or contractual effect hereunder.
The Company may provide you with notices from time to time, including, without limitation, those notices regarding changes to these T&C of Use, by email, regular first class US mail, or by postings on the Ballr Site.
If notice is by e-mail or regular first class US mail, it will be provided to the email and/or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes
Notice to you will be deemed given twenty-four (24) hours after email is sent, unless Company is notified that the email address is invalid and if through postal mail, three (3) days after the date of mailing.
You may provide the Company with written notice only by first class US mail to Ballr c/o Outside General Counsel at Law Offices of Ian J. Imrich, Esq. 10866 Wilshire Boulevard, Suite 1240, Los Angeles, California 90024 or to Ballr at 2421 Atlantic Ave #203 Manasquan, NJ 08736.
Ballr Terms & Conditions of Use effective August 2013
Ballr was born out of a desire to give you the most fun, intuitive, lucrative fantasy sports experience possible. To revolutionize the way you play fantasy football, fantasy baseball, fantasy basketball, and other fantasy sports.
We’re a team of 20 superstars who love technology as much as we love fantasy sports, and we’ve been building powerful web apps like Ballr since 2009. Our team has been recognized twice on Inc Magazine’s 500 | 5000 List of America’s Fastest-Growing Private Companies, and two members of our leadership team have been recognized among Fast Company’s 100 Most Influential People Online.
Our address is 6170 W Lake Mead Blvd #461-2014, Las Vegas, NV 89108, and you can call us at (855) 922-5577 or email us any time at hello(at)ballr.com. We’d love to talk with you!
Ballr fantasy sports games are legal contests of skill which are hosted and operated by Ballr in accordance with and pursuant to applicable laws of the United States. However, due to the uncertainty of the application of certain laws within some of the individual U.S. States with respect to cash-based prizes and other potential legal restrictions which may implicate real money fantasy sports gaming activity, Ballr does not currently allow customers physically located within of any of these following U.S. States to use the Ballr Site or any of its content, services, and games nor to participate in our skill-based fantasy sports contests: Arizona, Illinois, Iowa, Louisiana, Montana, Vermont, or Washington. As provided for in the Ballr Terms & Conditions of Use, unauthorized users located within those proscribed States will not be permitted to play and shall be governed thereby, and until and unless said users are no longer located within these jurisdictions, they will be geographically blocked from attempting to play Ballr fantasy sports games while located therein.
Legality of Ballr Fantasy Sports Games effective August 2013
The fantasy sports games offered at Ballr.com are new, and we're in the process of gathering typicality data on earnings, revenue and profit.
We do not guarantee income or success, and examples shown at Ballr.com and in our advertising do not represent an indication of future success or earnings. We declare all information shared is true and accurate, and any claims made of actual earnings or examples of actual results can be verified upon request.
The earnings, revenue and profit that a player will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site and in our advertising depend on many factors and conditions, including but not limited to learning ability, technical ability, use of the products and services, fantasy sports experience, daily practices, and competition to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of the fantasy sports games offered at Ballr.com in circumstances similar to those referenced in any endorsement or testimonial.
Ballr Earnings Disclosure effective March 2014
Your privacy is very important to Ballr, Inc., a Nevada corporation (hereinafter sometimes referred to as “Ballr”, “we” or “us”), the owner and operator of the Ballr fantasy sports website located at ballr.com (the “Site”).
We are committed to maintaining the confidentiality of the personal information collected by us in order to allow you to enjoy participating in the fantasy sports skill games online at the Site, by safeguarding it utilizing the best in class software and hardware architecture, techniques, methods and procedures.
As part of the Site account opening process and to allow us to provide services to you, we will ask you to provide us with certain personal information, including your name, postal address, telephone number, email address and password as well as to certify that you are at least eighteen (18) years old or older in jurisdictions in which the minimum age for use of the Site is greater than 18.
For the purposes of using the Site via any mobile device or software, you will be required to consent to the use of geo location-based services by us in order to detect your geographic location.
We may also use your information and data to verify your credentials from third parties including financial institutions, identification verification agencies and credit reference agencies for the purposes of us providing services to you.
In addition, when you use the Site we store certain personal information, including information on your activity on the Site and information held on mobile devices or systems that you use, to allow us to enhance the games and services that we provide to you. We, members of our Company, our affiliates and third parties providing services on our behalf will use your personal information for various permissible purposes such as:
We may disclose your personal information if we believe in good faith that such action is necessary:
We and other members of our corporate group may occasionally send you events and news information or information regarding new services and to provide you with customer support services. If you no longer wish to receive our newsletters, you may opt-out of receiving them by following the instructions included in each newsletter.
Where you fail to reimburse us for any chargebacks, denial or reversal of deposits you make, we may give details of your accounts and how you manage them to Credit Reference Agencies (CRA). The CRA will record the outstanding debt. This information may be supplied to other organizations and records will remain on the CRA file for 6 years after the date of the chargeback, denial or reversal of payment. The information will be used by the CRA to prevent crime, fraud, money laundering, verifying your identity if you, your partner, other members of your household, your business or financial associates apply for other facilities, monitoring the operation of accounts you may hold, making decisions for credit, credit related or other facilities, trace your whereabouts, recover debts that you owe, statistical analysis and system testing.
We will only use your name in any publicity materials with your consent.
The name you register with us must be your own name. In addition, it is very important that you complete the authorized user account details with valid information, since it will be used in the course of validating financial transactions and the other aforementioned purposes. You are required to advise us of any relevant changes to your personal information.
In the course of making a deposit, users will need to provide deposit method information (example: credit card number). This information in conjunction with your other personal information might be used to clear financial transactions executed by you with Ballr. You are required to advise us of any relevant changes to your personal information.
Ballr has made a substantial investment in its server, database, backup, firewall and encryption technologies utilized to protect the information and data collected by Ballr. These technologies are deployed as part of state of the art security architecture.
You should also do your part in protecting your information. Your authorized user login credentials are confidential and you are obliged to keep your login credentials secret and confidential at all times and to use your best efforts to protect their secrecy, security, and confidentiality at all times.
Legally Required Disclosures: Due to the legal, regulatory and security environment in which we operate, Ballr may be required, under certain circumstances, to disclose personally identifiable information about our Users and we may not be permitted to inform you that we have done so. Ballr will use reasonable and best efforts to limit any such disclosure to the following: where Ballr believes in good faith that it is required to do so in response to a subpoena, warrant or other legal process; or where reasonably necessary to identify, contact or bring legal action against persons or entities to preserve and/or enforce Ballr's legal and equitable rights.
Further, we can, and you hereby expressly authorize us to, disclose your user identification, name, street address, city, state, post code, country, phone number, email, and any other information plus details of financial instruments used to deposit and cash out to third party agents of Ballr or official government bodies as we, in our sole exercise of reasonable discretion, believe necessary, lawful, or otherwise as is appropriate in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful or improper activity, or activity that may expose us to legal liability arising hereunder.
All recipients of your personal information and confidential data shall equally be bound by applicable data protection and privacy laws in order to keep your personal information and data private and at no less a level than that by which we are bound hereunder.
We strive to keep the information we obtain about you as accurate as possible. You can write to us at any time to review, change, obtain a copy of your information or have your details altered or corrected in accordance with the Terms & Conditions of Use for the Ballr Site and any other privacy rights you may have, and in this event we may require evidence of your identity. In order to contact us regarding your information please email email@example.com. We may in certain circumstances assess a nominal fee to you in order to reasonably cover the cost of any administration regarding any such request made by you in this regard. We will notify you promptly in the event we will do so.
Cookies are text-only strings of information that are downloaded to your personal desktop, laptop computer or mobile device when you access the Ballr Site. These cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes those cookies.
Cookies are very useful and are used for many different purposes. These include allowing you to navigate between pages efficiently, remembering your user preferences, and generally improving user experience.
Ballr, Inc., a Nevada Corporation located at 6170 W Lake Mead Blvd # 461-2014, Las Vegas, NV 89108.