Terms of Use

Acknowledgement and Acceptance of the Terms of Use
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‍These terms of use are entered into by and between you and FanSwipr Corporation (“FanSwipr”, “Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the FanSwipr mobile application and FanSwipr website located at www.fanswipr.com, including any content, functionality, and services offered on or through the FanSwipr App and FanSwipr Website (the “Website”), in each case whether as a guest or a registered user (the FanSwipr App and FanSwipr Website, together with any content, functionality, and services offered thereon or therein, are referred to herein as, the “FanSwipr Platform”).

Please read the Terms of Use carefully before you start to use the FanSwipr Platform.  

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT AND SERVICES OFFERED BY THE FANSWIPR PLATFORM, YOU HAVE AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. If you do not want to agree to these Terms of Use, you must not access or use the FanSwipr Platform.  

The FanSwipr Platform is offered and available to users who are 21 years of age or older, are not prohibited for any reason from betting with us or from using the FanSwipr Platform (including, without limitation, as a result of being subject to a self-exclusion from a FanSwipr Platform or other account in which we or any other operator has excluded you, from gambling), and reside in the following states of the United States: Ohio, and are not included on, or owned or controlled by any party included on, any of the prohibited or restricted party or other lists maintained by the U.S. Government, including, but not limited to, the Specially Designated Nationals List administered by the U.S. Treasury Department's Office of Foreign Assets Control and the Denied Persons List, Unverified List, FinCEN lists, or Entity List maintained by the U.S. Commerce Department's Bureau of Industry and Security, or included on or subject to U.S. Government sanctions. By using the FanSwipr Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the FanSwipr Platform.

‍Changes to the Terms of Use

‍We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the FanSwipr Platform thereafter. It is your responsibility to check these Terms of Use periodically for changes. The FanSwipr platform will post a notification to its www.fanswipr.com website or otherwise provide notice to you if these Terms of Use materially change. Your continued use of the FanSwipr Platform following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree to the changes, do not continue to use the FanSwipr platform after the date they become effective.  

Intellectual Property Rights

‍The FanSwipr Platform and its entire contents, features, and functionality (collectively referred to as the “Content”, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FanSwipr, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. These Terms of Use permit you to use the FanSwipr Platform for your personal, non-commercial use only. You have no rights in or to the Content, and you will not use the Content except as expressly permitted under these Terms of Use. No other use is permitted without prior written consent from us. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the FanSwipr Platform automatically terminates and you must immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of FanSwipr (“FanSwipr Trademarks”) used and displayed on the FanSwipr Platform are registered and unregistered trademarks or service marks of FanSwipr. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the FanSwipr Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the FanSwipr Trademarks inures to our benefit. None of the Content may be retransmitted without our express, written consent for each and every instance.

Trademarks

‍The Company name, the terms “FanSwipr”, “THE BEST BETS ARE RIGHT. SO SWIPE”, the FanSwipr logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FanSwipr or its affiliates or licensors. You must not use such marks without the prior written permission of FanSwipr. All other names, logos, product and service names, designs, and slogans on the FanSwipr Platform are the trademarks of their respective owners.

Registration Data and Privacy

‍In order to access the FanSwipr Platform, you will be required to use an account and password that can be obtained by completing our app’s registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. FanSwipr is under no obligation to accept any individual’s attempted registration, and may accept or reject any registration in our sole and complete discretion.  You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this platform, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Prohibited Uses

‍You may use the FanSwipr Platform only for lawful purposes in accordance with these Terms of Use. You agree not to use the FanSwipr Platform: 

· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

· To impersonate or attempt to impersonate FanSwipr, a FanSwipr employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the FanSwipr Platform, or which, as determined by us, may harm FanSwipr or users of the FanSwipr Platform, or expose them to liability.

Additionally, you agree not to:

· Use the FanSwipr Platform in any manner that could disable, overburden, damage, or impair the FanSwipr Platform or interfere with any other party’s use of the FanSwipr Platform, including their ability to engage in real time activities on or through the FanSwipr Platform.

· Use any bot or other robot, spider, or other automatic device, process, or means to access the FanSwipr Platform for any purpose, including monitoring or copying any of the material on the FanSwipr Platform.

· Use any manual process to monitor or copy any of the material on the FanSwipr Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

· Use any device, software, or routine that interferes with the proper working of the FanSwipr Platform.

· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the FanSwipr Platform, the server on which the FanSwipr Platform, including any part of the FanSwipr Platform, is stored, or any server, computer, or database connected to the FanSwipr Platform.

· Attack the FanSwipr Platform via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the FanSwipr Platform.

You agree that FanSwipr may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions.  

‍Prohibited Users

‍Any individual whose participation may undermine the integrity of the wagering, gambling, or sporting event shall be prohibited from wagering on any such event. This includes, without limitation: (i) any individual placing a wager as an agent or proxy; (ii) any person who is an athlete, coach, referee, a player, or other personnel member, in or on any sports event overseen by that person’s sports governing body; and (iii) any person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting contest, including but not limited to coaches, managers, handlers, athletic trainers, medical provider, or horse trainers; and (iv) any person with access to certain types of exclusive information on any sports event overseen by that person’s sports governing body; and, (v) any employee of FanSwipr.

Additional Representations to Us

‍In consideration of our allowing you to register a FanSwipr Platform account, you represent as follows:

1. Your participation in any and all wagering through the FanSwipr Platform and use of the FanSwipr Platform is personal and not professional.

2. You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings or other amounts to any relevant governmental or taxation authority.

3. You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, and telecommunications networks, and Internet access services, and of all other consents and permissions that you need to use in order to access the FanSwipr Platform.

4. You fully understand the methods, rules, and procedures of the games and sports wagers, and, where and when appropriate, will seek advice or help when using the FanSwipr Platform.

5. You will place all wagers on games and sports events through the various user interfaces provided on the FanSwipr Platform and you will not wager through other means, including a robot player or equivalent mechanism (a “bot”). The use of programs designed to automatically place bets within certain parameters (i.e., bots) is not permitted on any games or sports events on any part of the FanSwipr Platform.

6. You will not choose a nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand. FanSwipr reserves the right to deny you access to the Platform, or any portion of the Platform, without notice, and remove any User Content that does not adhere to these guidelines.

7. You will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer or other device you are using to access the FanSwipr Platform or otherwise take steps to prevent us from correctly identifying the actual IP address of the device you are using while accessing the FanSwipr Platform.

8. You accept and agree to abide by any rules and terms for any promotions or loyalty programs in which you participate as set out on the FanSwipr Platform from time to time.

You further acknowledge that we will rely on the above representations and any other representations you’ve made that are set forth in these Terms of Use.

User Contributions

‍The FanSwipr Platform may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the FanSwipr Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the FanSwipr Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.  

You represent and warrant that:

· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

· All of your User Contributions do and will comply with these Terms of Use.

· You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not FanSwipr, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

· We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the FanSwipr Platform.  

‍Content Standards

‍Without limiting your representations above, these content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

· Be likely to deceive any person.

· Promote any illegal activity, or advocate, promote, or assist any unlawful act.

· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Confidentiality

‍ANY IDEAS, CONTENT, AND INFORMATION THAT YOU POST OR SHARE WITH OTHER USERS THROUGH THE PLATFORM WILL BE SEEN AND MAY BE USED BY OTHER USERS, AND WE CANNOT GUARANTEE THAT OTHER USERS WILL NOT USE THOSE IDEAS, CONTENT, OR INFORMATION THAT YOU SHARE ON THE PLATFORM. THEREFORE, IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE PLATFORM. IN ADDITION, YOU ARE REQUIRED TO COMPLY WITH ALL APPLICABLE LAWS WHEN POSTING USER CONTENT, INCLUDING, WITHOUT LIMITATION, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. FANSWIPR IS NOT RESPONSIBLE FOR ANY MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY IDEA, CONTENT, OR INFORMATION THAT YOU POST ON OR THROUGH THE PLATFORM.

Third Party Sites and Information

‍The FanSwipr Platform may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Third-Party Providers

‍If you install or enable any online, web-based applications provided by third parties that interoperate with the FanSwipr Platform (“Third-Party Applications”) for use with the FanSwipr Platform, you acknowledge that we may allow providers of those Third-Party Applications to access your information as required for the interoperation of such Third-Party Applications with the FanSwipr Platform. We shall not be responsible for any disclosure, modification, or deletion of your information resulting from any such access by Third-Party Application providers, and any such access and use of your information shall be subject to the privacy policies of such Third-Party Application providers. Certain features of the FanSwipr Platform may interoperate and/or integrate with third-party APIs or widgets. Such features depend on the continuing availability of such APIs or widgets. If these providers cease to make their API or widgets or program available on reasonable terms for the FanSwipr Platform, we may cease providing such features without notice or liability.

Third-Party Sportsbook Account Information

‍The FanSwipr Platform may employ proprietary technology to allow you to retrieve, view and maintain information and conduct transactions with certain state-licensed sportsbook operators (“Third-Party Sportsbooks”). FanSwipr is not responsible for any account information obtained from Third-Party Sportsbooks. When you direct FanSwipr to retrieve your account information from Third-Party Sportsbooks, you grant FanSwipr a limited power of attorney to access the third-party services to retrieve such account information solely as you direct. FanSwipr will be acting as your agent and will not be acting on behalf of any Third-Party Sportsbooks. You agree that the Third-Party Sportsbooks Third Party Bookmakers featured on the FanSwipr Platform shall be entitled to rely on the foregoing authorization and agency granted by you. FanSwipr does not review information from Third-Party Sportsbooks for accuracy and is not responsible for any issues or expenses resulting from such account information, including any inaccuracy, error, delay, or non-delivery. FanSwipr is not responsible for any payment processing errors or fees arising from inaccurate account information provided by third parties.

Bet Placement with Your Third-Party Sportsbook Account

‍The FanSwipr Platform may integrate with bet placing services provided by certain Third-Party Sportsbooks. If you choose to use such features of the FanSwipr Platform, opening a bet slip on the FanSwipr Platform will either navigate you to the Third-Party Sportsbooks' website, or connect you to the Third-Party Sportsbooks’ betting API service. Please ensure you check all your bet details are correct on the bet slip before placing a bet. You are solely responsible and liable for all activity that occurs on both your FanSwipr and Third-Party Sportsbooks accounts. Terms and conditions vary between Third-Party Sportsbooks and apply to any bet placed with that Third-Party Sportsbooks regardless of whether the bet was facilitated through an integration with the FanSwipr Platform. If you have any queries relating to a bet, including any requests to void a bet, you should contact the Third-Party Sportsbooks directly.

‍Promotional and Other Text/SMS or Other Messages

‍We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our Platform, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

In the event you opt-in to receive SMS or other messages, you authorize FanSwipr and our designees to send the applicable messages as described in the applicable notices, and without limitation you authorize such messages to be sent with varying messaging frequency and such other frequency as may be described in the applicable notices and as otherwise permitted by applicable law. Without limiting the forgoing, such messages may include marketing messages, and you represent that you are the registered owner or authorized user of the applicable device, and are authorized to provide the applicable consent. You acknowledge that SMS messages sent by FanSwipr or our designees using an automated telephone dialing system are optional and not a condition of purchase or use of the FanSwipr Platform. Message and data rates may apply. You acknowledge your carrier may charge for each message sent and received, and that you are solely responsible for any fees or charges incurred from sending or receiving the applicable messages. If your carrier does not permit SMS messages, you may not receive the SMS messages. Without limiting our rights or expanding our liability, neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver any SMS message from us or our designees sent by automated telephone dialing system or otherwise.

‍Accessing the FanSwipr Platform and Account Security

‍We reserve the right to withdraw or amend the FanSwipr Platform, and any service or material we provide on or through the FanSwipr Platform, in our sole discretion without notice. For example, FanSwipr may, in its absolute discretion, alter or amend or withdraw any betting or gaming from the FanSwipr Platform or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and other characteristics of the bets, games, or other related services.

We will not be liable if for any reason all or any part of the FanSwipr Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the FanSwipr Platform, or the entire FanSwipr Platform, to users, including registered users.  

You are responsible for both:

· Making all arrangements necessary for you to have access to the FanSwipr Platform.

· Ensuring that all persons who access the FanSwipr Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the FanSwipr Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the FanSwipr Platform that all the information you provide on the FanSwipr Platform is correct, current, and complete. You agree that all information you provide to register with the FanSwipr Platform or otherwise, including, but not limited to, through the use of any interactive features on the FanSwipr Platform, is governed by our Privacy Policy and you acknowledge that we may take all actions with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information strictly confidential, and you must not disclose it to any other person or entity. You are responsible for any misuse of your password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the FanSwipr Platform or portions of it using your user name, password, or other security information. You acknowledge that you are opening a non-transferrable account with FanSwipr solely for your personal use, and are acting as a principal and not as an agent on behalf of a third party. You agree to notify us immediately of any unauthorized access to or use of your user name or password or account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Provided that we have been correctly supplied with the account information requested, we are entitled to assume that offers and payments are made by you. If a third party accesses your FanSwipr Platform account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you, and you hereby agree to indemnify and defend FanSwipr and hold FanSwipr harmless against all costs, claims, expenses, and damages that arise in connection with the use of or access to your account by any third party. 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. Subject to the foregoing, FanSwipr will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorized use of your account, whether fraudulent or otherwise. You agree to indemnify and defend us and hold us harmless against any costs, claims, damages and expenses arising in connection with the use of, or access to, your account by any third party as a result of your negligence, or other breach of these Terms of Use, fraud, dishonesty or criminal activities, or other acts or omissions.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation if, in our opinion, you have violated any provision of these Terms of Use.

Monitoring and Enforcement Termination

We have the right to:

· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the FanSwipr Platform.

· Terminate or suspend your access to all or part of the FanSwipr Platform for any or no reason, including without limitation, any violation of these Terms of Use.

· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

YOU WAIVE AND HOLD HARMLESS FANSWIPR AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the FanSwipr Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. We are an interactive computer service platform, not a publisher. We are solely an intermediary for the content of users. WE HAVE NO RESPONSIBILITY FOR AND NO OBLIGATION TO MONITOR USER CONTRIBUTIONS FOR APPROPRIATENESS, ACCURACY, OR OTHERWISE, AND DO NOT RECOMMEND OR ENDORSE ANY USER CONTRIBUTIONS POSTED, UPLOADED, OR OTHERWISE MADE AVAILABLE BY USERS, FANSWIPR, OR THIRD PARTIES, ON OR THROUGH THE WEBSITE OR OTHERWISE. USER CONTRIBUTIONS DO NOT NECESSARILY REFLECT THE OPINION OF FANSWIPR.

‍Reliance on Information Posted

‍The information presented on or through the FanSwipr Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the FanSwipr Platform, or by anyone who may be informed of any of its contents.

Human and/or systems’ error may occasionally result in errors. FanSwipr reserves the right to correct any obvious errors. As soon as you suspect or become aware of an error you shall immediately cease play and inform us as soon as reasonably practicable of any such error or suspected error.  We agree that we shall use reasonable efforts to detect any errors and inform you of any such errors relating to you, your engagement with us, or your account, as soon as reasonably practicable. The FanSwipr Platform may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FanSwipr, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FanSwipr. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on the FanSwipr Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the FanSwipr Platform may be out of date at any given time, it is made available AS-IS and we are under no obligation to update such material.  

Information About You and Your Visits to the FanSwipr Platform

All information we collect on the FanSwipr Platform is subject to our Privacy Policy. By using the FanSwipr Platform, you acknowledge we may take all actions with respect to your information in accordance with the Privacy Policy.  

Linking to the FanSwipr Platform

You may link to the FanSwipr Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.  

The FanSwipr Website may provide certain social media features that enable you to:

· Link from your own or certain third-party websites to certain content on the FanSwipr Website.

· Send emails or other communications with certain content, or links to certain content, on the FanSwipr Website.

· Cause limited portions of content on the FanSwipr Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

· Establish a link from any website that is not owned by you.

· Cause the FanSwipr Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

· Link to any part of the FanSwipr Website other than the homepage.

· Otherwise take any action with respect to the materials on FanSwipr Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.  

Links from the FanSwipr Platform

If the FanSwipr Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the FanSwipr Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the FanSwipr Platform is based in the State of Ohio in the United States. We provide the FanSwipr Platform for use only by persons located in the United States. We make no claims that the FanSwipr Platform or any of its content is accessible or appropriate outside of the United States. Access to the FanSwipr Platform may not be legal by certain persons or in certain states or countries. If you access the FanSwipr Platform from outside the United States or from within states not listed in the Acceptance of the Terms of Use section, above, you do so on your own initiative and are responsible for compliance with local laws. Without limiting the forgoing, we make no representations, warranties, or claims regarding the compliance of the FanSwipr Platform, or any use thereof, with EU or other foreign country privacy, data security, or other laws. We do not desire to process personal data of data subjects outside of the United States, and do not otherwise intend to offer goods or services to or monitor the behavior of data subjects outside of the United States. You represent and warrant that neither you nor your representatives will provide or otherwise make available to us personal data of an identified or identifiable person outside of the United States. For the purpose of this paragraph, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For the purpose of this paragraph, personal data shall mean any information relating to an identified or identifiable natural person.

Downloading the App From the App Store

‍In addition to all other terms included in the Agreement, the following terms apply when you download the App from Apple’s App Store:

· You acknowledge and agree that (i) these Terms of Use are concluded between you and FanSwipr only, and not Apple; and (ii) FanSwipr, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.

· You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

· In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the applicable App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between FanSwipr and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of FanSwipr.

· You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between FanSwipr and Apple, FanSwipr, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

· You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the FanSwipr Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FANSWIPR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FANSWIPR PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE FANSWIPR PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE FANSWIPR PLATFORM IS AT YOUR OWN RISK. THE FANSWIPR PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE FANSWIPR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FANSWIPR NOR ANY PERSON ASSOCIATED WITH FANSWIPR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE FANSWIPR PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER FANSWIPR NOR ANYONE ASSOCIATED WITH FANSWIPR REPRESENTS OR WARRANTS THAT THE FANSWIPR PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE FANSWIPR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE FANSWIPR PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE FANSWIPR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE FANSWIPR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, FANSWIPR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, to the fullest extent permissible by law, FanSwipr and its parent company, and their subsidiaries, and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “FanSwipr Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

A. The FanSwipr Platform and any wagering activities.

B. The functions, features, or any other elements on, or made accessible through, the FanSwipr Platform.

C. Any products, services, or instructions offered or referenced at or linked through the FanSwipr Platform.

D. Security associated with the transmission of your wagers and information transmitted to FanSwipr or via the FanSwipr Platform.

E. Whether the FanSwipr Platform or the servers that make the FanSwipr Platform available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device).

F. Whether the information (including any instructions) on the FanSwipr Platform is accurate, complete, correct, adequate, useful, timely, or reliable.

G. Whether any defects to or errors on the FanSwipr Platform will be repaired or corrected.

H. Whether your access to the FanSwipr Platform will be uninterrupted.

I. Whether the FanSwipr Platform will be available at any particular time or location.

J. Whether your use of the FanSwipr Platform is lawful in any particular jurisdiction.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

YOU HEREBY ACCEPT THAT BY USING THE FANSWIPR PLATFORM, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY. YOU AGREE THAT YOUR USE OF THE FANSWIPR PLATFORM IS AT YOUR OWN RISK AND THE FANSWIPR PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE FANSWIPR PLATFORM.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FANSWIPR PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FANSWIPR PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE FANSWIPR PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE FANSWIPR PARTIES’ AGGREGATE LIABILITY EXCEED THE LESSER OF THE AMOUNT RECEIVED BY FANSWIPR FROM YOU FOR THE USE OF THE FANSWIPR PLATFORM IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $10.

THE FANSWIPR PARTIES ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF THE FANSWIPR PLATFORM WHETHER IN WHOLE OR IN PART, IMPEDE THE PLACING OF ORDERS FOR BETS OR THE ACCEPTANCE OF BETS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. THE FANSWIPR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE FANSWIPR PLATFORM AND YOU CONFIRM THAT THE FANSWIPR PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE FANSWIPR PLATFORM. THE FANSWIPR PARTIES RESERVE THE RIGHT TO CANCEL OR SUSPEND THE FANSWIPR PLATFORM, OR ANY PART THEREOF, WITHOUT INCURRING ANY LIABILITY.

THE FANSWIPR PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the FanSwipr Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the FanSwipr Platform, in whole or in part).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless FanSwipr, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the FanSwipr Platform, including, but not limited to your User Contributions, any use of the FanSwipr Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the FanSwipr Platform.

Governing Law and Jurisdiction

All matters relating to the FanSwipr Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the FanSwipr Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Columbus and County of Franklin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At FanSwipr’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the FanSwipr Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

Class Action Waiver

‍You and FanSwipr agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No class arbitration is permitted, and no arbitrator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one user or party cannot and may not affect any other user or party.

‍Limitation on Time to File Claims

‍ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE FANSWIPR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by FanSwipr of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FanSwipr to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and FanSwipr regarding the FanSwipr Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the FanSwipr Platform.  

Your Comments and Concerns

The FanSwipr Platform is operated by:

FanSwipr Corporation
5460 Franklin St, Ste A
Hilliard, OH 43026

All other feedback, comments, requests for technical support, and other communications relating to the FanSwipr Platform should be directed to: Support@fanswipr.com.
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