LastUpdated April 23, 2024
These Terms of Service (“TOS”) applyto web sites and interactive services (hereafter individually a “Service” andcollectively the “Services”) owned or operated by Bedlam Gaming, Inc. (hereafterthe “Company” or “Bedlam”) and its subsidiaries and affiliates. By registeringfor an account and a link (“Bedlam Link”) and/or becoming a user of Bedlam’sservices on Bedlam’s site and/or any of its subdomains or applications(hereafter the “Site”) you confirm your knowledge of and agreement to be boundby the then most current version of these Terms of Service (“TOS”) which can beaccessed from the Site. Bedlam may modify these TOS at any time, withoutadvance notice. You are responsible for reviewing these TOS periodically forany modifications. your continued use of the Site following such modificationssignifies your acceptance of those modifications. Additional terms may apply toyour use of any Service, including contest rules and eligibility. We willprovide these terms to you or post them on the website pages to which theyapply; they are incorporated by reference into these TOS. You agree thatby accessing the Site, you have read, understood, and agreed to be bound by allof this TOS. IF YOU DO NOT AGREE WITH ALL OF this TOS, THEN YOU ARE EXPRESSLYPROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
As set out in more detail below,Bedlam RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OFANY USER WHO VIOLATES, OR WHOM Bedlam REASONABLY BELIEVES MAY BE OR WILL BEVIOLATING, THESE TOS, AT ANY TIME WITHOUT NOTICE. Please note that if a user’saccount is closed due to a violation of the TOS, Bedlam reserves the right todetermine how the user’s account balance will be distributed.
Any user who displays behavior which Bedlam interprets, in its sole discretion, to be unfair and in violation of the these TOS, including but not limited to, the opening and/or use of multiple accounts, harassment of other participants, posting of objectionable material, any breach of these TOS, or any breach or attempted breach of the security of your account or the Site (collectively, “Abuse”), shall be subject to immediate sanction (as determined by Bedlam in its sole discretion), up to and including account termination and blocking of Site access and, in the case of any other illegal activity, disclosure to the appropriate authorities, and legal action at the sole discretion of Bedlam.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of the TOS; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or the TOS, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5)otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy Policy: everyworld.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into this TOS. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
IF YOU ARE FOUND TO BE IN VIOLATIONWITH ANY OF THESE POLICIES OR ANY PORTION OF THIS TOS, WE MAY SUSPEND OR REVOKEYOUR ACCOUNT, OR THE FUNDS IN YOUR ACCOUNT. BEDLAM MAY COOPERATE WITH LEGALAUTHORITIES AND THIRD PARTIES IN THE INVESTIGATION OF ANY SUSPECTED OR ALLEGEDCRIME OR CIVIL WRONG. IF YOU ARE SUSPECTED OF HAVING VIOLATED THE RULESOF CONDUCT, BEDLAM RESERVES THE RIGHT TO SUSPEND YOUR ACCOUNT, INCLUDING ANYACCESS TO THE BEDLAM SITE.
The Site may invite you to create aprofile, chat, contribute to, or participate in blogs, message boards, onlineforums, and other functionality, and may provide you with the opportunity tocreate, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limitedto text, writings, video, audio, photographs, graphics, comments, suggestions,or personal information or other material, including the users name you choose(collectively, "Contributions"). Contributions may be viewable byother users of the Site and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential andnon-proprietary. When you create or make available any Contributions, youthereby represent and warrant that:
Any use of the Site in violation ofthe foregoing violates these TOS and may result in, among other things,termination or suspension of your rights to use the Site and trigger yourIndemnification obligations set forth below. If Your user name or anyother Contributions violate any of these terms, Bedlam reserves the right torequire you to change it. We can also reassign your user name to anotheruser. If You don’t signed in to the Site for 3 months or more we mayreclaim or reassign your user name. We will make commercially reasonableefforts to contact you prior to any reassignment.
By posting your Contributions to anypart of the Site or making Contributions accessible to the Site by linking youraccount or wallet from the Site to any of your social networking accounts,wallets, or blockchain identifiers, you automatically grant, and you representand warrant that you have the right to grant to us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,worldwide right, and license to host, use, copy, reproduce, disclose, sell,resell, publish, broadcast, retitle, archive, store, cache, publicly perform,publicly display, reformat, translate, transmit, excerpt (in whole or in part),and distribute such Contributions (including, without limitation, your imageand voice) for any purpose, commercial, advertising, or otherwise, and toprepare derivative works of, or incorporate into other works, suchContributions, and grant and authorize sublicenses of the foregoing. The useand distribution may occur in any media formats and through any media channels.
This license will apply to any form,media, or technology now known or hereafter developed, and includes our use ofyour name, company name, and franchise name, as applicable, and any of thetrademarks, service marks, trade names, logos, and personal and commercialimages you provide. You waive all moral rights in your Contributions, and youwarrant that moral rights have not otherwise been asserted in yourContributions.
We do not assert any ownership overyour Contributions. You retain full ownership of all of your Contributions andany intellectual property rights or other proprietary rights associated withyour Contributions. We are not liable for any statements or representations inyour Contributions provided by you in any area on the Site. You are solelyresponsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions. Your indemnificationobligations may be triggered by your Contributions.
We have the right, in our sole andabsolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in moreappropriate locations on the Site; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have noobligation to monitor your Contributions.
As part of the functionality of theSite, you may link your account with online accounts you have with third-partyservice providers such as games or social media accounts (each such account, a“Third-Party Account”) by either: (1) providing your Third-Party Account logininformation through the Site; or (2) allowing us to access your Third-PartyAccount, as is permitted under the applicable terms and conditions that governyour use of each Third-Party Account. You represent and warrant that you areentitled to disclose your Third-Party Account login information to us and/orgrant us access to your Third-Party Account, without breach by you of any ofthe terms and conditions that govern your use of the applicable Third-PartyAccount, and without obligating us to pay any fees or making us subject to anyusage limitations imposed by the third-party service provider of theThird-Party Account. By granting us access to any Third-Party Accounts, youunderstand that (1) we may access, make available, and store (if applicable)any content that you have provided to and stored in your Third-Party Account(the “Third-Party Account Content”) so that it is available on and through theSite via your account, including without limitation any friend lists and (2) wemay submit to and receive from your Third-Party Account additional informationto the extent you are notified when you link your account with the Third-PartyAccount. Depending on the Third-Party Accounts you choose and subject to theprivacy settings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party Accounts may beavailable on and through your account on the Site. Please note that if aThird-Party Account or associated service becomes unavailable or our access tosuch Third Party Account is terminated by the third-party service provider,then Third-Party Account Content may no longer be available on and through theSite. You may have the ability to disable the connection between your accounton the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOURTHIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCHTHIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Third-PartyAccount Content for any purpose, including but not limited to, for accuracy,legality, or non-infringement, and we are not responsible for any Third-PartyAccount Content. You acknowledge and agree that we may access your emailaddress book associated with a Third-Party Account and your contacts liststored on your mobile device or tablet computer solely for purposes ofidentifying and informing you of those contacts who have also registered to usethe Site. You can deactivate the connection between the Site and yourThird-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete anyinformation stored on our servers that was obtained through such Third-PartyAccount, except the username and profile picture that become associated withyour account.
Registration of an account is voidwhere prohibited. This Site is intended solely for users who are 13 years ofage or older. Any registration by, use of or access to the Site by anyone under13 is unauthorized, unlicensed and in violation of these TOS. By usingany of the Services or the Site, you represent and warrant that you are 13 orolder and that you agree to and to abide by the TOS and where you are betweenthe ages of 13 and 18 you will comply with the game related age restrictionsand/or guidelines in the country in which you reside.
In order to register and/orparticipate to any competitions on the Site, an individual must:
A. be a natural person, at least 13years old, and who has had the email address submitted assigned to them as hasbeen represented on the account registration form;
B. be physically located in aterritory in which participation in the competitions you select on the site isunrestricted by law;
C. at all times comply with these TOS.
By using or accessing the Site, yourepresent and warrant that you have the right, authority, and capacity to enterinto this agreement to abide by the TOS and, where an individual is agedbetween 13 and 18 he/she has obtained his/her guardian’s consent to registerfor and/or participate in any competitions on this Site.
Bedlam may at any time require anyuser to provide proof of eligibility to participate in order to continue toallow such user access to the Site, and each user hereby acknowledges andaccepts this condition of their participation as a reasonable measure to ensurethe security of the Site. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/ORELIGIBILITY SATISFACTORY TO BEDLAM, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALLRESULT IN THE SUSPENSION AND/OR TERMINATION OF THE USER’S ACCOUNT.
By using the Site, you represent andwarrant that: (1) all registration information you submit will be true,accurate, current, and complete; (2) you will maintain the accuracy of suchinformation and promptly update such registration information as necessary; (3)you have the legal capacity and you agree to comply with this TOS; (4) you arenot under the age of 13; (5) you are not a minor in the jurisdiction in whichyou reside, or if a minor, you have received parental permission to use theSite; (6) you will not access the Site through automated or non-human means,whether through a bot, script, or otherwise; (7) you will not use the Site forany illegal or unauthorized purpose; and (8) your use of the Site will notviolate any applicable law or regulation.
If you provide any information that isuntrue, inaccurate, not current, or incomplete, we have the right to suspend orterminate your account and refuse any and all current or future use of the Site(or any portion thereof).
Upon setting up your BedlamLink, you may be required to provide the following information:
An alias that will be your username;
A password;
Your e-mail address;
Your date of birth;
Your legal full name;
Your permanent residential address;
Your phone number;
Your game related information, such asnicknames;
Credit card or other paymentinformation.
The information you provide must beaccurate, true, and correct. It is a violation of these TOS to providefalse or inaccurate information. If Bedlam determines you are registering withfalse or incorrect information, Bedlam reserves the right to close youraccount. Bedlam also reserves the right, in its sole discretion, to changeand/or suspend/terminate offensive usernames.
You, as the holder of your account,are solely responsible for all obligations and, assuming compliance with theseTOS, are entitled to all benefits accruing thereto. You may not allow any otherperson to access your account, or access the Site using your accountinformation. Your account is not transferable to any other person. Allactivities undertaken under a user’s account will be deemed to have been doneby that user.
You may establish only one account toparticipate in the activities offered on the Site. In the event the Sitediscovers that you have opened more than one account, all additional accountswill be closed without notice and continued violation will result in thetermination of any and all of your accounts. The Site also reserves the rightto deny access to anyone, including, but not limited to, those players who useproxy servers and/or IP addresses residing in certain geographical areas. TheSite also reserves the right to terminate and close, without notice, anyaccount that has been used on a computer which has been previously used toviolate these TOS.
You’re responsible for any visitorsyou bring to your Bedlam Link, including visitors who purchase goods orservices or view your Contributions through your Bedlam Link (collectively“Visitors”). You’re solely responsible for (i) the way in which Visitorsuse and interact with Bedlam Link and your Contribution; (ii) complying withall laws in relation to your Visitors, and all transactions between you andVisitors made through your Bedlam Link.
Content on the Site, includingdesigns, text, graphics, pictures, video, information, applications, software,music, sound and other files, and their selection and arrangement (the “Site Content”)is owned by Bedlam and shall not be modified, copied, distributed, framed,reproduced, republished, downloaded, displayed, posted, transmitted, or sold inany form or by any means, in whole or in part, without the Company’s priorwritten permission, except that the foregoing does not apply to your ownContributions that you legally post on the Site. The Site neither warrants norrepresents that your use of materials displayed on the Site will not infringerights of third parties. While the Site uses reasonable efforts to includeaccurate and up-to-date information, the Site makes no warranties orrepresentations as to its accuracy. The Site assumes no liability orresponsibility for any errors or omissions in Site Content. Provided that youare eligible for use of the Site, you are granted a limited license to accessand use the Site and the Site Content and to download or print a copy of anyportion of the Site Content to which you have properly gained access solely foryour personal, non-commercial use, provided that you keep all copyright orother proprietary notices intact. Except for your own Contributions, you maynot upload or republish Site Content on any internet or blockchain site orincorporate the information in any other database or compilation, and any otheruse of the Site Content is strictly prohibited. Any use of the Site orSite Content other than as specifically authorized herein, without the priorwritten permission of Company, is strictly prohibited and will terminate the licensegranted herein. Unless explicitly stated herein, nothing in this TOSshall be construed as conferring any license to intellectual property rights,whether by estoppel, implication or otherwise. This license is revocable at anytime without notice and with or without cause. Any communication or materialyou transmit to the Site by electronic mail or otherwise, including any data,questions, comments, suggestions, or the like, are and will be treated as,non-confidential and non-proprietary. Anything you transmit or post may be usedby the Site or its affiliates for any purpose, including, but not limited to,reproduction, disclosure, transmission, publication, broadcast, Site promotion,marketing and posting. Furthermore, the Site is free to use any Contributions,ideas, concepts, know-how or techniques contained in any communication you sendto the Site for any purpose whatsoever including, but not limited to,developing, manufacturing and marketing products using such information,without any additional compensation or other liability or obligation whatsoeverto you. The trademarks, logos, and service marks (collectively the“Trademarks”) displayed on the Site, including the names of all games, areregistered and unregistered Trademarks of the Site and/or others belong to theSite. Nothing contained on the Site should be construed as granting, byimplication, estoppel or otherwise, any license or right to use any Trademarkdisplayed on the Site without the written permission of the Site or such thirdparty that owns the Trademark displayed on the Site. Your misuse of anyTrademark displayed on the Site, or any other content on the Site, except asprovided in the TOS.
This TOS shall remain in full forceand effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF thisTOS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IPADDRESSES OR BLOCKCHAIN LOCATIONS), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN this TOS OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETEYOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend youraccount for any reason, you are prohibited from registering and creating a newaccount under your name, a fake or borrowed name, or the name of any thirdparty, even if you may be acting on behalf of the third party. In addition toterminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
We reserve the right to change,modify, or remove the contents of the Site at any time or for any reason at oursole discretion without notice. However, we have no obligation to update any informationon our Site. We also reserve the right to modify or discontinue all or part ofthe Site without notice at any time. We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theSite.
We cannot guarantee the Site will beavailable at all times. We may experience hardware, software, or other problemsor need to perform maintenance related to the Site, resulting in interruptions,delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Site at any time or for any reason withoutnotice to you. You agree that we have no liability whatsoever for any loss,damage, or inconvenience caused by your inability to access or use the Siteduring any downtime or discontinuance of the Site. Nothing in this TOS will beconstrued to obligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.
THE SITE IS PROVIDED ON AN AS-IS ANDAS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILLBE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT ANDREGULATORY COMPLIANCE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THEACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITESLINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONALINJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESSTO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROMTHE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE; (7) DATA BREACH OR DATA LOSS. WE DO NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANYHYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR AFFILIATES,DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THEFORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNTPAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSEOF ACTION ARISING OR $10,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONALLAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THEABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVEADDITIONAL RIGHTS.
You agree to defend, indemnify, andhold us harmless, including our subsidiaries, affiliates, and all of ourrespective officers, agents, partners, and employees, from and against anyloss, damage, liability, claim, or demand, including reasonable attorneys’ feesand expenses, made by any third party due to or arising out of: (1) yourContributions; (2) use of the Site; (3) breach of this TOS; (4) any breach ofyour representations and warranties set forth in this TOS; (5) your violationof the rights of a third party, including but not limited to intellectualproperty rights; or (6) any overt harmful act toward any other user of the Sitewith whom you connected via the Site. Notwithstanding the foregoing, we reservethe right, at your expense, to assume the exclusive defense and control of anymatter for which you are required to indemnify us, and you agree to cooperate,at your expense, with our defense of such claims. We will use reasonableefforts to notify you of any such claim, action, or proceeding which is subjectto this indemnification upon becoming aware of it.
We will maintain certain data that youtransmit to the Site for the purpose of managing the performance of the Site,as well as data relating to your use of the Site. Although we perform regularroutine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using the Site.You agree that we shall have no liability to you for any loss or corruption ofany such data, including but not limited to loss or corruption of data causedby a data breach, and you hereby waive any right of action against us arisingfrom any such loss or corruption of such data.
Visiting the Site, sending us emails,and completing online forms constitute electronic communications. You consentto receive electronic communications, and you agree that all agreements,notices, disclosures, and other communications we provide to you electronically,via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US ORVIA THE SITE. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which requirean original signature or delivery or retention of non-electronic records, or topayments or the granting of credits by any means other than electronic means.
If you are a resident of the UK or a state of the EuropeanUnion, data protection is a “fundamental right”. You have the right to access,and protection of, your personal data that has been collected. If any complaintwith us is not satisfactorily resolved, you have the right to file a claim withyour local data protection supervisory authority. You can find their contact details here: https://www.edpb.europa.eu/about-edpb/about-edpb/members_en
Ifyou are a resident of the State of California and any you believe a complaintwith us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
22. GOVERNING LAW
This TOS and your use of the Site aregoverned by and construed in accordance with the laws of the State of New Yorkapplicable to agreements made and to be entirely performed within the State ofNew York, without regard to its conflict of law principles.
23. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control thecost of any dispute, controversy, or claim related to this TOS (each"Dispute" and collectively, the “Disputes”) brought by either you orus (individually, a “Party” and collectively, the “Parties”), the Parties agreeto first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least one hundred eighty (180) days beforeinitiating arbitration. Such informal negotiations commence upon written noticefrom one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve aDispute through informal negotiations, the Dispute (except those Disputesexpressly excluded below) will be finally and exclusively resolved throughbinding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVETHE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall becommenced and conducted under the Commercial Arbitration Rules of the AmericanArbitration Association ("AAA") and, where appropriate, the AAA’sSupplementary Procedures for Consumer Related Disputes ("AAA ConsumerRules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall begoverned by the AAA Consumer Rules and, where appropriate, limited by the AAAConsumer Rules. The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. The arbitrator will make adecision in writing, but need not provide a statement of reasons unlessrequested by either Party. The arbitrator must follow applicable law, and anyaward may be challenged if the arbitrator fails to do so. Except where otherwiserequired by the applicable AAA rules or applicable law, the arbitration willtake place in New York, New York. Except as otherwise provided herein, theParties may litigate in court to compel arbitration, stay proceedings pendingarbitration, or to confirm, modify, vacate, or enter judgment on the awardentered by the arbitrator.
If for any reason, a Dispute proceedsin court rather than arbitration, the Dispute shall be commenced or prosecutedin the state and federal courts located in New York, New York, and the Partieshereby consent to, and waive all defenses of lack of personal jurisdiction, andforum non conveniens with respect to venue and jurisdiction in such state andfederal courts. Application of the United Nations Convention on Contracts forthe International Sale of Goods and the Uniform Computer InformationTransaction Act (UCITA) is excluded from this TOS. IN ANY CASE AGAINSTUS, YOU GIVE UP YOUR RIGHT TO TRIAL BY JURY OF ANY CLAIM YOU MAY HAVE. A JURYWILL NOT BE THE FACT FINDER IN ANY DISPUTE.
In no event shall any Dispute broughtby either Party related in any way to the Site be commenced more than one (1)years after the cause of action arose. If this provision is found to be illegalor unenforceable, then neither Party will elect to arbitrate any Disputefalling within that portion of this provision found to be illegal orunenforceable, and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and the Partiesagree to submit to the personal jurisdiction of that court, AND IN ANY CASEAGAINST US IN COURT, YOU GIVE UP YOUR RIGHT TO TRIAL BY JURY OF ANY CLAIM YOUMAY HAVE.
Restrictions
The Parties agree that any arbitrationshall be limited to the Dispute between the Parties individually. To the fullextent permitted by law, (a) no arbitration shall be joined with any otherproceeding; (b) there is no right or authority for any Dispute to be arbitratedon a class-action basis or to utilize class action procedures and you may not joinwith any other person to bring a collective or class arbitration or suit of anytype; and (c) there is no right or authority for any Dispute to be brought in apurported representative capacity on behalf of the general public or any otherpersons and are not permitted to serve in a representative capacity in any suchsuit or arbitration.
Exceptions to Informal Negotiationsand Arbitration
The Parties agree that the followingDisputes are not subject to the above provisions concerning informalnegotiations and binding arbitration: (a) any Disputes seeking to enforce orprotect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft,piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable,then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Disputeshall be decided by a court of competent jurisdiction within the courts listedfor jurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
24. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobileapplication, then we grant you a revocable, non-exclusive, non-transferable,limited right to install and use the mobile application on wireless electronicdevices owned or controlled by you, and to access and use the mobileapplication on such devices strictly in accordance with the terms andconditions of this mobile application license contained in these Terms of Use.You shall not: (1) except as permitted by applicable law, decompile, reverseengineer, disassemble, attempt to derive the source code of, or decrypt theapplication; (2) make any modification, adaptation, improvement, enhancement,translation, or derivative work from the application; (3) violate anyapplicable laws, rules, or regulations in connection with your access or use ofthe application; (4) remove, alter, or obscure any proprietary notice(including any notice of copyright or trademark) posted by us or the licensorsof the application; (5) use the application for any revenue generatingendeavor, commercial enterprise, or other purpose for which it is not designedor intended; (6) make the application available over a network or otherenvironment permitting access or use by multiple devices or users at the sametime; (7) use the application for creating a product, service, or software thatis, directly or indirectly, competitive with or in any way a substitute for theapplication; (8) use the application to send automated queries to any websiteor to send any unsolicited commercial e-mail; or (9) use any proprietary informationor any of our interfaces or our other intellectual property in the design,development, manufacture, licensing, or distribution of any applications,accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you usea mobile application obtained from either the Apple Store or Google Play (eachan “App Distributor”) to access the Site: (1) the license granted to you forour mobile application is limited to a non-transferable license to use the applicationon a device that utilizes the Apple iOS or Android operating systems, asapplicable, and in accordance with the usage rules set forth in the applicableApp Distributor’s terms of service; (2) we are responsible for providing anymaintenance and support services with respect to the mobile application asspecified in the terms and conditions of this mobile application licensecontained in these Terms of Use or as otherwise required under applicable law,and you acknowledge that each App Distributor has no obligation whatsoever tofurnish any maintenance and support services with respect to the mobileapplication; (3) in the event of any failure of the mobile application toconform to any applicable warranty, you may notify the applicable App Distributor,and the App Distributor, in accordance with its terms and policies, may refundthe purchase price, if any, paid for the mobile application, and to the maximumextent permitted by applicable law, the App Distributor will have no otherwarranty obligation whatsoever with respect to the mobile application; (4) yourepresent and warrant that (i) you are not located in a country that is subjectto a U.S. government embargo, or that has been designated by the U.S.government as a “terrorist supporting” country and (ii) you are not listed onany U.S. government list of prohibited or restricted parties; (5) you mustcomply with applicable third-party terms of agreement when using the mobileapplication, e.g., if you have a VoIP application, then you must not be inviolation of their wireless data service agreement when using the mobileapplication; and (6) you acknowledge and agree that the App Distributors arethird-party beneficiaries of the terms and conditions in this mobileapplication license contained in these Terms of Use, and that each AppDistributor will have the right (and will be deemed to have accepted the right)to enforce the terms and conditions in this mobile application licensecontained in these Terms of Use against you as a third-party beneficiarythereof.
25. MISCELLANEOUS
This TOS and any policies or operatingrules posted by us on the Site or in respect to the Site constitute the entireagreement and understanding between you and us. Our failure to exercise orenforce any right or provision of this TOS shall not operate as a waiver ofsuch right or provision. This TOS operates to the fullest extent permissible bylaw. We may assign any or all of our rights and obligations to others at anytime. We shall not be responsible or liable for any loss, damage, delay, orfailure to act caused by any cause beyond our reasonable control. If anyprovision or part of a provision of this TOS is determined to be unlawful,void, or unenforceable, that provision or part of the provision is deemedseverable from this TOS and does not affect the validity and enforceability ofany remaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of this TOS or useof the Site. You agree that this TOS will not be construed against us by virtueof having drafted them. You hereby waive any and all defenses you may havebased on the electronic form of this TOS and the lack of signing by the partieshereto to execute this TOS. Laws may apply to you or us as a result of yourspecific location. If this is the case, and if those laws are inconsistent withany part of this TOS, those laws will take precedence to the extent of theinconsistency.
26. CONTACT US
In order to resolve a complaintregarding the Site or to receive further information regarding use of the Site,please contact us at:
BEDLAM GAMING, INC.
853 Broadway, Suite 400
New York, New York 10003
United States
Phone: 860-255-4493